15.A.
City Council Meeting
February 13, 2024
25. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 9:18 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on February 27, 2024.
APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
John P. Maier, MBA, MMC
Mayor City Clerk
15.A.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Feb 27 2024
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Art Paez;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding the Up-fitting Purchase for Seven 2023 Ford Explorer Police Interceptor Utility (PIU) Police Vehicles for $226,663.32 From American Emergency Products (AEP) and Authorizing the City Manager to Execute All Documents Related to the Agreement.
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a resolution Awarding the Up-fitting Purchase for Seven 2023 Ford Explorer Police Interceptor Utility (PIU) Police Vehicles for $226,663.32 from American Emergency Products (AEP) and Authorizing the City Manager to Execute All Documents Related to the Agreement.
BACKGROUND:
The Hemet City Council approved $770,000.00 in the FY 2023-24 budget to purchase eight new police vehicles and all were recently purchased following the City of Hemet procurement ordinances.
ANALYSIS:
After police vehicles are purchased, they require up-fit in order to be put into service. Of the eight police vehicles purchased, one of them is being up-fitted by a local vendor in Riverside. This specific vehicle will be the department’s new ROCS enforcement vehicle and is not up-fitted the same as a front-line patrol vehicle.
The remaining seven police vehicles will be assigned to patrol and require up-fitting before being put into service. The up-fitting of patrol vehicles is complex given the amount of parts and technology involved.
If approved, this project will include the following purchases:
15.B.
1. The full up-fit of seven police vehicles, including installing police radios, lights, sirens, and other equipment necessary to equip a vehicle for law enforcement use.
Upon approval, the police vehicles will be transported to American Emergency Products (AEP) in Santee, California, for up-fit. AEP is a sole source vendor that has up-fitted Hemet Police patrol vehicles for the past two years. Using AEP for up-fit will also maintain consistency and uniformity among the fleet.
DISCUSSION:
Approval of this recommendation will support the police department's goal to provide excellent service to the Hemet community and ensure the safety of community members and police officers.
PREVIOUS COUNCIL ACTION:
The Hemet City Council previously approved $770,000.00 in the FY 23-24 budget to purchase eight new police vehicles and all were recently purchased and are now in our possession ready for up-fit.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 3: Increase Public Safety visibility and response.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 3: Increase the community's pride within the City.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
Funding Source: Measure U, Capital Outlay Account 115-3003-5400
Total Cost of (7) Patrol Vehicle Up-Fit $226,663.32
Additional appropriations are not required for this purchase. The adopted budget amount of $770,000 provides for the full cost of the purchase price of the eight vehicles, as well as the required costs for up-fitting, branding, radio installation, and tablets.
FY23-24 available budget $770,000.00 Purchase of vehicles, ROCS vehicle up-fit, tablets ($503,573.31) Patrol vehicle up-fit (seven vehicles) ($226,663.32)
15.B.
Remaining budget available for branding $ 39,763.37
ALTERNATIVE(S):
If the City Council chooses not to approve this purchase, the Police Department will continue to function with its existing fleet of vehicles while the recently purchased vehicles remain out of service, waiting on future up-fit approval. The financial impact of this option is the increasing maintenance costs associated with servicing aging Police vehicles that have already reached the end of their serviceable life.
ATTACHMENT(S):
Attachment 1 Resolution 2023 Ford PIU Vehicle Upfit
Attachment 2 Contract 2024-071 AEP - Upfit of 7 PD Vehicles - Attachment 3 QTE 37395 from AEP_Hemet PD Patrol PIU x7_Rev B Attachment 4 AEP 2024_Sole Source Justification
15.B.
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING THE UP-FITTING
PURCHASE FOR SEVEN 2023 FORD EXPLORER
POLICE INTERCEPTOR UTILITY (PIU) POLICE
VEHICLES FOR $226,663.32 FROM AMERICAN
EMERGENCY PRODUCTS (AEP)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet Police Department purchased eight new police vehicles following the City of Hemet procurement ordinances; and WHEREAS, seven of the police vehicles will be utilized as patrol enforcement vehicles which require up-fitting prior to being put into service; and WHEREAS, staff has prior experience using American Emergency Products (AEP) for police vehicle up-fitting, and AEP has a Sole Source Justification on file for this purchase and
WHEREAS, staff requests the City Council approve the purchase for the up- fitting of seven 2023 Ford Explorer Police Interceptor Utility (PIU) police vehicles for $226,663.32 from American Emergency Products (AEP); and WHEREAS, staff requests the City Council authorize the City Manager to execute the agreement and purchase orders in support of the agreement.
15.B.
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES: that the City Council approve the up-fitting purchase for seven 2023 Ford Explorer Police Interceptor Utility (PIU) police vehicles and authorize the City Manager to execute the agreement.
PASSED, APPROVED, AND ADOPTED this 27th day of FEBRUARY, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
15.B.
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27th day of February, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
15.B.
GOODS AND SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET,
A CALIFORNIA MUNICIPAL CORPORATION
AND
AEP-CALIFORNIA, LLC.
A LIMITED LIABILITY COMPANY
AGREEMENT # 2024-071
15.B.
GOODS AND SERVICES AGREEMENT
FOR UPFIT OF 7 POLICE VEHICLES
BETWEEN THE CITY OF HEMET AND AEP-CALIFORNIA, LLC.
THIS GOODS AND SERVICES AGREEMENT (“Agreement”) is
made and entered into this 28 th day of February, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a
California municipal corporation and AEP-California, LLC., a limited liability company (“Vendor”). For the purposes of this Agreement City and Vendor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by sole source due to availability to purchase from Vendor the materials, equipment, and the
performance of services defined and described particularly in Section 2, “Scope of Services” of this Agreement.
2. Vendor desires to perform and assume responsibility for the sale of certain materials, equipment and the performance of services required by the City on the terms and conditions set forth in this Agreement.
3. Vendor represents that it has the required competence and qualifications necessary for the satisfactory performance of the services required and to provide materials and
equipment requested by the City.
4. The Parties desire to formalize the selection of Vendor to sell to City the materials and equipment and to render such services as defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the term of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
15.B.
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2024, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. Vendor shall provide all Goods (defined particularly below) and complete the Services (defined particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines.
SECTION 2. SCOPE OF SERVICES
(a)Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to
perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Vendor for the Services.
(b)Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to sell to City and City agrees to purchase the materials and/or
equipment set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Goods”). Unless specifically stated
otherwise, the Goods shall be new and unused and of the current production year.
SECTION 3. SCHEDULE OF PERFORMANCE
Vendor shall provide the Goods and/or Services expeditiously, within the Term of this Agreement, as set forth in Exhibit “C,” “Schedule of Performance.” Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.
SECTION 4. ADDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Vendor perform “Additional Work.” As used herein,
“Additional Work” means any work which is determined by City to be necessary for the proper completion of the Goods and/or Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 27 “Administration and Implementation” or Section 28
15.B.
“Amendment” of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Goods and Services.
SECTION 5. COMPENSATION
(a)Subject to any limitations set forth in this Agreement, City agrees to pay Vendor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by
this reference. The total compensation, including
reimbursement for actual expenses, shall not exceed Two Hundred and Twenty-Six Thousand Six Hundred and
Sixty-Three Thousand Dollars and Thirty-Two Cents
($226,663.32) (“Not to Exceed Amount”), unless
additional compensation is approved in writing in
accordance with Section 27 “Administration and
Implementation” or Section 28“Amendment” of this
Agreement.
(b)All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider.
Electronic payments are processed bi-weekly and are safe and secure. To enroll in ACH electronic payments contact [email protected].
(c)Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in
work performed by Vendor.
(d)If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.”
(e)If Additional Work is authorized, Vendor will be
compensated at the same rates and manner as set forth in this Agreement.
SECTION 6. METHOD OF PAYMENT AND INVOICING
(a)Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an
itemized invoice setting forth the services performed
and/or the goods provided. The invoices shall be emailed
15.B.
to [email protected].
(b)Vendor shall at any time prior to the fifteenth (15 th) of any month, submit to City a complete and accurate written
itemized invoice for services performed and/or goods
provided. The invoice must be in a format approved by
City, as detailed in (c) below.
(c)In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly basis, for services
performed pursuant to this Agreement. Each itemized
statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, for which
reimbursement is sought in the statement invoice. The
invoice shall detail charges by the following categories:
labor (by sub-category), travel, materials, equipment,
supplies, and subcontractor contracts. Subcontractor
charges shall be detailed by the following categories:
labor, travel, materials, equipment and supplies. If the compensation set forth in Section 5(a) and Exhibit “B”
include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Vendor to determine
whether the work performed/ good delivered and expenses incurred are in compliance with the provisions of this
Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (d). In the event any charges or expenses are disputed by City, the original
invoice shall be returned by City to Vendor for correction and resubmission.
(d)Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within forty- five (45) days of receipt of Vendor’s correct and
undisputed invoice.
15.B.
(e)The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall
notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part
of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this
Agreement.
SECTION 7. INDEPENDENT CONTRACTOR
(a)Vendor is and shall at all times remain a wholly
independent contractor and not an officer, employee or
agent of City. Vendor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by
contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b)The personnel providing the Goods and/or Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers,
officials, employees or agents of City, shall have control over the conduct of Vendor or any of Vendor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c)Neither Vendor, nor any of Vendor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Vendor expressly waives any claim Vendor
may have to any such rights.
SECTION 8. ACCEPTANCE OF GOODS
(a)The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods
15.B.
is found to be in accordance with the City’s specifications.
Final inspection of the Goods shall be at the location
specified herein, unless otherwise agreed in writing.
Acceptance of any of the Goods by City shall not
constitute a waiver of any of the provisions of this
Agreement including, but not limited to, Section 19
“Indemnification” and Section 20 “Insurance.”
(b)If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or
otherwise, to reject such Goods in whole or in part.
Rejected Goods shall be held at Vendor’s risk for a
reasonable time thereafter and shall be returned or
disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or
authorization from City.
SECTION 9. ACCEPTANCE OF SERVICES
City may inspect and accept or reject any of Vendor’s work under this Agreement, either during performance of the Services or when Services are completed. City shall reject or finally accept Vendor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Vendor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Vendor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.”
SECTION 10. CONTINUITY OF PERSONNEL
Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services. Vendor shall notify City of any changes in Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services prior to and during any such performance.
15.B.
SECTION 11. STANDARD OF PERFORMANCE
Vendor represents and warrants that it has the qualifications, experience and facilities necessary to properly provide the Goods and/or Services required under this Agreement in a thorough, competent and professional manner. Vendor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Goods and/or Services. In meeting its obligations under this Agreement, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Vendor under this Agreement, and shall use such skill, prudence, and diligence as other members of Vendor’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Vendor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. WARRANTY OF GOODS
In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any
15.B.
and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
SECTION 13. COMPLIANCE WITH APPLICABLE LAWS; PERMITS
AND LICENSES
(a)Vendor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with this
Agreement. Vendor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Vendor
represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the
Goods and/or Services set forth in this Agreement and that such licenses are in good standing. Vendor further
represents and warrants that the Services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Vendor to comply with this section.
(b)Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the
California Air Resources Board (CARB). Vendor shall
specifically be aware of the CARB limits and
requirements’ application to “portable equipment,” which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall
indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.
(c)To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws,
15.B.
rules and regulations that may impact water quality
compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water
Quality Control Act (Cal Water Code §§ 13000-14950);
laws, rules and regulations of the Environmental
Protection Agency, the State Water Resources Control
Board and the Santa Ana Regional Water Quality Control
Board; the City’s ordinances regulating discharges of
storm water; and any and all regulations, policies, or
permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
i. Failure to comply with the laws, regulations and
policies described in this Section is a violation of
law that may subject Vendor or City to penalties,
fines, or additional regulatory requirements.
Vendor shall defend, indemnify and hold the City,
its directors, officials, officers, employees,
volunteers and agents free and harmless, pursuant
to the indemnification provisions of this
Agreement, from and against any and all fines,
penalties, claims or other regulatory requirements
imposed as a result of Vendor’s non-compliance
with the laws, regulations and policies described
in this section, unless such non-compliance is the
result of the sole established negligence, willful
misconduct or active negligence of the City, its
officials, officers, agents, employees or authorized
volunteers.
ii. In addition to any other standard of care
requirements set forth in this Agreement, Vendor
warrants that all employees and subcontractors
shall have sufficient skill and experience to
perform the Services assigned to them without
impacting water quality in violation of the laws,
regulations and policies described in this section.
Vendor further warrants that it, its employees and
subcontractors will receive adequate training, as
determined by City, regarding the requirements of
15.B.
the laws, regulations and policies described in this
section as they may relate to the Services provided
under this Agreement. Upon request, City will
provide Vendor with a list of training programs
that meet the requirements of this paragraph.
SECTION 14. PREVAILING WAGE LAWS
(a)Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the
payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are 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 one-thousand dollars ($1,000) or more,
Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the
prevailing rates of per diem wages in effect at the
commencement of this Agreement. Vendor shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor
Code within this Agreement, and Vendor shall therefore
comply with such Labor Code sections to the fullest extent required by law.
(b)If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and
all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also
15.B.
be subject to compliance monitoring and enforcement by
the DIR. It shall be Vendor’s sole responsibility to
comply with all applicable registration and labor
compliance requirements.
SECTION 15. NONDISCRIMINATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Vendor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.).
Vendor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 16. SAFETY
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and lifesaving equipment and procedures;
ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are
15.B.
necessary or lawfully required to prevent accidents or
injuries; and
iii. Adequate facilities for the proper inspection and
maintenance of all safety measures.
SECTION 17. ACCOUNTING RECORDS
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
SECTION 18. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Goods and/or Services provided under this Agreement.
SECTION 19. INDEMNIFICATION
(a)To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Vendor or subcontractors), liabilities of every kind
(including, without limitation, incidental and
consequential damages, court costs, and litigation
expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and cost of
investigation), damages, costs and expenses, including
15.B.
attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Goods and/or Services provided by Vendor, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. Vendor’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified
Parties.
(b)Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Vendor in the performance of this Agreement
naming the Indemnified Parties as additional indemnitees.
In the event Vendor fails to obtain such indemnity
obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these
requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Vendor and shall survive the termination of this
Agreement and this section.
SECTION 20. INSURANCE
Vendor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “D” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Vendor agrees to provide City with copies of required policies upon request.
SECTION 21. TERMINATION OF AGREEMENT
(a)City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to
Vendor. In the event such notice is given, Vendor shall cease immediately all work in progress.
15.B.
(b)Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c)If either Vendor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d)Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor’s possession shall be returned to City. Vendor
shall furnish to City a final invoice for work performed and expenses incurred by Vendor prepared as set forth in Section 6 “Method of Payment and Invoicing” of this
Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 6 “Method of Payment and Invoicing” of this Agreement.
(e)Upon written notice, City may suspend all or any portion of Vendor’s performance under this Agreement at its sole
option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Vendor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Vendor with written notice of the rescission, at which time Vendor would be required to resume
performance in compliance with the terms and provisions of this Agreement. Vendor will be entitled to an extension of time to complete performance under this Agreement
equal to the length of the suspension unless otherwise
agreed to in writing by the Parties.
SECTION 22. NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave
Hemet CA 92543
15.B.
To Vendor: AEP-California, LLC
Attn: Adam Serr
10729 Wheatlands Ave
Santee, CA 92071
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 23. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 24. ASSIGNMENT
Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
SECTION 25. WAIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Goods or Services shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 26. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Vendor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Vendor to the performance of its obligations hereunder.
SECTION 27. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City
15.B.
Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 28. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. CONFLICTS OF INTEREST
(a)Vendor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way
hinder Vendor’s ability to provide the Goods and/or
Services. Vendor further covenants that in the performance of this Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Vendor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this
Agreement.
(b) City understands and acknowledges that Vendor is,
as of the date of execution of this Agreement,
independently involved in providing non-related
goods and/or services to other governmental
agencies and private parties. Vendor is unaware of
any stated position of City relative to such projects.
Any future position of City on such projects shall
not be considered a conflict of interest for purposes
of this section.
(c) City understands and acknowledges that Vendor
will, provide non-related goods and/or services for
other governmental agencies and private parties
15.B.
following the completion of providing the Goods
and/or Services under this Agreement. Any such
future goods and/or services shall not be considered
a conflict of interest for purposes of this section.
SECTION 30. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement.
[SIGNATURE PAGE FOLLOWS]
15.B.
GOODS AND SERVICES AGREEMENT
FOR UPFIT OF 7 POLICE VEHICLES
BETWEEN THE CITY OF HEMET AND AEP-CALIFORNIA, LLC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF
HEMET
___________________________
Mark
Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
VENDOR
By:
Its:
15.B.
Exhibit A – Scope of Services Page 1
EXHIBIT “A”
SCOPE OF SERVICES
I. AEP-California, LLC. is to supply and installing the following:
QTY ITEM/VENDOR PART NUMBER DESCRIPTION
7.00 LBAR04412/ENNLB017Q6-3PV nForce NXT 54" Exterior Lightbar, Tri- Color w/PRE-Module
QSF021040
7.00 VACC02384/ NT-2500 Priority Green NanoTube Preemption Power Supply
7.00 SIRE00632/ ENGSA5200RSP 500 Series bluePRINT Siren, Remote Push Button, 200-Watts
7.00 VACC02609/ENGLMK008 bluePRINT Link Micro Module 2021 PIU
14.00 SPEA00253/ETSS100J5 100-Watt Composite Siren Speaker with Universal Bail Bracket
7.00 SIRE00566/ ENGSYMD01 bluePRINT SYNC Module with
Antenna
7.00 VACC0289/ PUVBBJ00 SoundOff Universal Dual Channel Breakout Box
***Push Bumper w/ Front Lighting***
7.00 BUMP00905/BK1526ITU20 PB450-LR4 Push Bumper, SoundOff mPower x4, 2020+ Utility
7.00 VACC02540/OK1304ITU Setina Police Dual Bike Rack for PB400 Bumper, Removeable
14.00 LEDS0417/ EMPSCG2STS4D 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
14.00 LEDS03901/EMPSCG2STS4E 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
7.00 PATC00288/FT-UNV-SOB5-BUM-02 Bumper Harness, bluePRINT 500 w/3- Wire Dual, Universal
7.00 PATC00289/FT-UNV-SOB5-SPK-01 Speaker Harness, SoundOff, Universal ***Headlight Housing LED's***
15.B.
7.00 LEDS03676/ELUC3H010D Universal Under Cover LED Insert, 5- Wire, Red/White (Driver side headlight
assemble)
7.00 LEDS03657/ELUC3H010E Universal Under Cover LED Insert, 5- Wire, Blue/White (Passenger side
headlight assemble)
14.00 LEDS0298/PLUCTCL1 Twist-In UC LED Collar Kit (Twist Locks for UC LED's)
Note: Wig/Wag Flash Via bluePRINT
and FasTech Harness
***Under Mirror LED's***
7.00 LEDS04175/EMPSCG2STS4D 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
7.00 LEDS03901/EMPSCG2STS4E 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
14.00 BKRT00113/PMP2BKUMB4 Under Mirror Bracket,
mPower/Intersector, 20+ Utility, Each
14.00 VACC02904/FT-UNV-SOB5-3WR-02 bluePRINT 500 w/3-Wire LED Extension Single (Mirror), Univer
***Rear 1/4 Window LED's***
7.00 LEDS04175/EMPSCG2STS4D 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
7.00 LEDS03901/EMPSCG2STS4E 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
14.00 LEDS03567/PMP2WSSSB 4" mPower 25-90-degree Glass
Mount/Shroud, Black Qtr Glass Mount
14.00 PATC00311/FT-UNV-SOB5-3WR-03 bluePRINT 500 w/3-Wire LED Extension, 24", Universal
***Rear License Plate and Gate Open LED's***
14.00 LEDS04369/EMPSCG2QMS5RBW 3-Wire mPower 4" Fascia LED, QM, 18-LED, Red/Blue/White
14.00 LEDS04370/EMPSCG1SLS3J 3-Wire mPower 3" Fascia LED, SM, 8- LED, Red/Blue
7.00 PATC00292 / FT-F01-SOB5-LFT-01 Liftgate Harness, bluePRINT 500 w/3- Wire, 20+ Utility
***Tail Light LED's***
14.00 LEDS03674/ELUC3H010B Universal Under Cover LED Insert, 5- Wire, Blue Twist-In UC LED Collar Kit
15.B.
14.00 LEDS02981/PLUCTCL1 Twist-In UC LED Collar Kit
7.00 PATC00323/FT-F01-SOB5-OEM-02 Ford Utility Tail Light Interface w/ Diode Protection, Pair
Note: Tail Light Flash Via bluePRINT
and FasTech Harness
***Rear Under Spoiler LED's***
14.00 LEDS03996/EMPSCG2STS5RBW 3-Wire mPower 4" Fascia LED, Stud Mt, 18-LED, Red/Blue/White
7.00 BKRT00074/PMP2RS101 Under Spoiler mPower Bracket, 1- Module, 2020 Utility
7.00 PATC00294/FT-F01-SOB5-SPO-02 2-Mod Spoiler Harness, bluePRINT 500 w/3-Wire, 20+ Utility
***FasTech Harness/ Electrical System***
7.00 PATC00287/FT-F01-SOB5-PRI-02 Primary Harness, bluePRINT 500 w/3- Wire, 20+ Utility
7.00 PATC00291/FT-F01-SOB5-UND-02 Underhood Harness, bluePRINT 500 w/3-Wire, 20+ Utility
7.00 BKRT00092/PIU20-EQUIP-001 Electronics Mounting Plate SOS, DRV 1/4 Panel, 20+ Utility
7.00 BKRT00093/PIU20-RADIO-KIT Radio T/R Mounting Bracket, OEM Cubby Pocket, 20+ Utility
7.00 VACC02945/B00FSYBKPM Panel Mount USB Cable B to B - F/M, 3'
7.00 VACC02241/B07PPLK8L4 RJ45 Splitter, 1-Male to 3-Female, Use for BP SYNC/LINK/CP
7.00 VACC02325/491-SC36MP Compact Foot Switch w/ Mounting Plate
7.00 VACC01714/AEP-SW-IDLE Switch, Idle Security, Off-On ***Black-Out***
7.00 VACC02559/COVP-PIUBP-KIT Covert Patrol for use with FasTech Harness, Ford Utility
***Center Equipment Console***
7.00 CONS01598/7170-0735-00 Short Console Package w/ Cup, 10"/4.5", 20+ Utility
14.00 FACE00624/15130 Blank Faceplate, 3/4"
7.00 FACE00717/7160-0523 Console Faceplate Harris M7300 Remote Radio, 3"
15.B.
7.00 FACE00866/20033 Console Faceplate for SoundOff 500 Console, 3.5"
7.00 FACE00735/15083 Console Faceplate w/ (6) Contura
Switch Cut-Outs, 2"
7.00 CONS00354/C-ARM-104 Arm Rest, Adjustable PB 2012-09-01
14.00 CONS01276/MMBP-25 Magnetic Microphone Mount
7.00 VACC01101/11010 DC Power Port
7.00 VACC01102/11011 DC Power Port Cap
7.00 VACC02798/B08DD4BH6G USB C & USB A Dual Port Car
Charger Socket Power Outlet
- Mounted on Passenger side Console
Factory Aux Location
7.00 LIGH00331/M84434RW-A 6" LED Dome Light, Red/White, 110 Lumens
***Computer Mount (CF-33 Tablet Configuration) ***
7.00 COMP01788/7300-0196-12 Gamber TrimLine Dock, CF-33 Tablet, Lite Port, w/ Pwr, w/RF
7.00 COMP01749/KBA-BLTX-UCNNR-US TG3 Mobile Keyboard w/ Touch Pad, USB Coiled Cord
7.00 CONS01686/7160-1346-01 On-Dash Mount w/ 3" Ext Arm, 2020+ Ford Utility
7.00 CONS01468/7160-0872 Offset Bracket
7.00 CONS01634/7160-1216-09 Mongoose XLE 9" Motion Attachment
7.00 COMP01598/7160-0857 Keyboard Tray, Low Profile, Quick Release
***Radio / Data Antenna***
7.00 ANTE00968/GP-IN2236 GPSB Sharkee Antenna kit, Cell w/ TNC, GPS w/TNC (Opt Whip)
7.00 ANTE00935/ASFC-155-U2-B1 Tri-Band Antenna Mast, 150-160, 450- 520, 745-870Mhz
7.00 ANTE00781/C23F-5T Radio Antenna Extension Cable, 16', TNC
***Prisoner Transport***
7.00 PRIS01937/PK1186ITU20-TM 10XL C2 Partition, Recessed, Poly Sliding, TM, 2020 Utility
15.B.
7.00 PRIS01938/QK0566ITU20 Transport Seat w/Poly Partition, Center Belts, 2020 Utility
7.00 PRIS01939/WK0514ITU20H Window Barriers, Steel Horizontal Bars, 2020 Utility
14.00 DOME00054/E06-LS0R-1 Silho-X 4" Round Neutral White/Red Light SS Trim Ring
7.00 VACC01661/AEP-SW-DOME3 Switch, Dome Light Color Select, "Red- White"
7.00 VACC01450/AEP-SW-DOME1 Switch, Rear Dome Light, On-Door-Off ***Front Weapon Mount***
7.00 GUNM00765/GRPXXX6B6X232 Gun Rack, Dual, Partition Mount, SC6- B/SC6, #2
7.00 GUNM00513/GUNMARTDPGRDBOM AR-15 Takedown Pin Guard ***Rear Cargo Storage System***
7.00 STOR00714/CP-GB44248-T3 Storage Box, 44W X24Dx8H w/ 1.5" Fence, 2 Locking Handles
7.00 STOR00900/CP-UV20-MNT-EB Elevated Base, 2020+ Ford Utility
7.00 VACC00342/13-100 Toggle Switch, Off-On, SPST.
7.00 VACC01453/AEP-LABEL-CARGO-DO Switch Label Plaque, "Cargo Dome, Door-Off"
7.00 LIGH00331/M84434RW-A 6" LED Dome Light, Red/White, 110 Lumens
***Stop Stick***
7.00 VACC00979/S3701K 9' Stop Stick, SUV Kit, Black
7.00 VACC03184/S2433 Stop Stick Holster
***Ballistic Panels***
Note: Veh. w/ dual spot lights will not have AA Ballistics this vehicle is equipped with Ford OEM option.
6.00 VACC02974/01-00358 Level III+ Ballistic Door Panel / Driver Side 20+ PI-SUV
6.00 VACC02975/01-00359 Level III+ Ballistic Door Panel / Passenger Side 20+ PI-SUV
***Installation/ Freight***
315.00 LABO90001/AEP INSTALL Installation Labor Services (45 hours each) EVT-Certified Technician Labor
7.00 SHOP90006/Shop Supplies Installation Materials / Shop Supplies
15.B.
***Vehicle Transport and Freight/Shipping***
Freight / Shipping
Transportation / Delivery, AEP California to Hemet Note: New Vehicles to be transported to AEP by Agency
***Customer Supplied Equipment***
7.00 INST05685/CSM Axon Vehicle Interface Module
7.00 INST05685/CSM Harris Radio Kit, Remote Head
15.B.
Exhibit B - Compensation Page 1
EXHIBIT “B”
COMPENSATION
Compensation for the Services shall not exceed Two Hundred and Twenty-Six Thousand Six Hundred and Sixty-Three Dollars and Thirty-Two Cents ($226,663.32).
15.B.
15.B.
15.B.
15.B.
15.B.
15.B.
Parts Total - $172,390.12
Labor/Services Total - $33,075.00
Trans/Trip/Fee Total - $1,960.00
Shipping Total - $1,260.00
Subtotal - $208,685.12
Total Sales Tax - $17,978.20
Total Order - $226,663.32
15.B.
Exhibit C – Schedule of Performance Page 1
EXHIBIT “C”
SCHEDULE OF PERFORMANCE
- Work to commence upon council approval and full
execution of contract.
- Work to be completed within 6 weeks of start date.
15.B.
EXHIBIT “D”
INSURANCE
(A)INSURANCE REQUIREMENTS. Vendor shall provide and
maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property
which may arise from or in connection with the
performance of the Services by Vendor, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Vendor shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE.
Vendor shall maintain the following
types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Vendor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Vendor shall maintain
automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
GARAGE KEEPERS LEGAL LIABILITY INSURANCE. Vendor shall
provide garage keeper’s legal liability insurance with a limit of no less than the value of all vehicles in custody.
15.B.
WORKERS’ COMPENSATION INSURANCE. Vendor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and
Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional
depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Vendor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
15.B.
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the
policy to respond if any primary
insurance that would otherwise have
applied proves to be uncollectible in
whole or in part for any reason;
2. Pay on behalf of wording as opposed to
reimbursement;
3. Concurrency of effective dates with
primary policies;
4. Policies shall “follow form” to the
underlying primary policies; and
5. Insureds under primary policies shall
also be insureds under the umbrella or
excess policies.
(B)OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or
either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City.
(C)OTHER REQUIREMENTS. Vendor agrees to deposit with City, at or before the effective date of this Agreement,
certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor furnish City with copies of original endorsements effecting
coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all
required insurance policies, at any time.
1. Upon request from the City, Vendor
shall furnish certificates and
endorsements from each subcontractor
identical to those Vendor provides.
2. Any deductibles or self-insured reten-
tions must be declared to and approved
15.B.
by City. At the option of City, either the
insurer shall reduce or eliminate such
deductibles or self-insured retentions as
respects City or its respective elected or
appointed officers, officials, employees
and volunteers or the Vendor shall
procure a bond guaranteeing payment of
losses and related investigations, claim
administration, defense expenses and
claims.
3. The procuring of such required policy or
policies of insurance shall not be
construed to limit Vendor’s liability
hereunder nor to fulfill the
indemnification provisions and
requirements of this Agreement.
4. Coverage provided by Vendor shall be
primary and any insurance or self-
insurance procured or maintained by
City shall not be required to contribute
with it. The limits of insurance required
herein may be satisfied by a
combination of primary and umbrella or
excess insurance. Any umbrella or
excess insurance shall contain or be
endorsed to contain a provision that
such coverage shall also apply on a
primary and non-contributory basis for
the benefit of City before the City’s own
insurance or self-insurance shall be
called upon to protect it as a named
insured.
5. All insurance coverage maintained or
procured pursuant to this agreement
shall be endorsed to waive subrogation
against City, its elected or appointed
officers, agents, officials, employees and
volunteers or shall specifically allow
Vendor or others providing insurance
evidence in compliance with these
specifications to waive their right of
recovery prior to a loss. Vendor hereby
15.B.
waives its own right of recovery against
City, and shall require similar written
express waivers and insurance clauses
from each of its subcontractors.
6. General liability policies shall provide
or be endorsed to provide that City and
its officers, officials, employees, and
agents, and volunteers shall be
additional insureds under such policies.
This provision shall also apply to any
excess/umbrella liability policies.
15.B.
1Jan 31, 2024
Jan 31, 2024
Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
Agency Contact: Art Paez, (951) 235-0666
[email protected]
ETA: Agency Has Units NOW
#1: Dual Spots- NO Ballistics, VIN:
#2: Single Spots- W/ Ballistics, VIN:
#3: Single Spots- W/ Ballistics, VIN:
#4: Single Spots- W/ Ballistics, VIN:
#5: Single Spots- W/ Ballistics, VIN:
#6: Single Spots- W/ Ballistics, VIN:
#7: Single Spots- W/ Ballistics, VIN:
***Siren/ Lightbar Package***
7.00 LBAR04412 nForce NXT 54" Exterior Lightbar, Tri-Color w/ PRE Module
2,275.6000 15,929.20ENNLB017Q6-3PV
/ Y
Quotation continued on next page ...
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15.B.
2Jan 31, 2024
Jan 31, 2024
Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
QSF021040
7.00 VACC02384 Priority Green NanoTube Preemption Power Supply 299.2000 2,094.40NT-2500/ Y
7.00 SIRE00632 500 Series bluePRINT Siren, Remote Push Button, 200-Watts
948.0000 6,636.00ENGSA5200RSP/ Y
7.00 VACC02609 bluePRINT Link Micro Module 2021 PIU 320.0000 2,240.00ENGLMK008/ Y
14.00 SPEA00253 100 Watt Composite Siren Speaker with Universal Bail Bracket
225.5000 3,157.00ETSS100J5/ Y
7.00 SIRE00566 bluePRINT SYNC Module with Antenna 253.5000 1,774.50ENGSYMD01/ Y
7.00 VACC02893 SoundOff Universal Dual Channel Breakout Box 98.5000 689.50PUVBBJ00/ Y ***Push Bumper w/ Front Lighting***
7.00 BUMP00905 PB450-LR4 Push Bumper, SoundOff mPower x4, 2020+ Utility
509.5200 3,566.64BK1526ITU20/ Y
7.00 VACC02540 Setina Police Dual Bike Rack for PB400 Bumper, Removeable
245.5200 1,718.64OK1304ITU/ Y
14.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
122.5000 1,715.00EMPSCG2STS4D/ Y
Quotation continued on next page ...
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3Jan 31, 2024
Jan 31, 2024
Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
14.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
122.5000 1,715.00EMPSCG2STS4E/ Y
7.00 PATC00288 Bumper Harness, bluePRINT 500 w/3-Wire Dual, Universal
177.6000 1,243.20FT-UNV-SOB5-BUM-02/ Y
7.00 PATC00289 Speaker Harness, SoundOff, Universal 36.0000 252.00FT-UNV-SOB5-SPK-01/ Y ***Headlight Housing LED's***
7.00 LEDS03676 Universal Under Cover LED Insert, 5-Wire, Red/White 83.0000 581.00ELUC3H010D/ Y (Driver side headlight assemble)
7.00 LEDS03657 Universal Under Cover LED Insert, 5-Wire, Blue/White 83.0000 581.00ELUC3H010E/ Y (Passenger side headlight assemble)
14.00 LEDS02981 Twist-In UC LED Collar Kit 3.0000 42.00PLUCTCL1/ Y (Twist Locks for UC LED's)
Note: Wig/Wag Flash Via bluePRINT and FasTech
Harness
***Under Mirror LED's***
7.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
122.5000 857.50EMPSCG2STS4D/ Y
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Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
7.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
122.5000 857.50EMPSCG2STS4E/ Y
14.00 BKRT00113 Under Mirror Bracket, mPower/Intersector, 20+ Utility, Each
20.5000 287.00PMP2BKUMB4/ Y
14.00 VACC02904 bluePRINT 500 w/3-Wire LED Extension Single (Mirror), Univer
38.4000 537.60FT-UNV-SOB5-3WR-02/ Y
***Rear 1/4 Window LED's***
7.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
122.5000 857.50EMPSCG2STS4D/ Y
7.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
122.5000 857.50EMPSCG2STS4E/ Y
14.00 LEDS03567 4" mPower 25-90 degree Glass Mount/Shroud, Black 12.5000 175.00PMP2WSSSB/ Y Qtr Glass Mount
14.00 PATC00311 bluePRINT 500 w/3-Wire LED Extension, 24", Universal 55.2000 772.80FT-UNV-SOB5-3WR-03/ Y ***Rear License Plate and Gate Open LED's***
14.00 LEDS04369 3-Wire mPower 4" Fascia LED, QM, 18-LED, Red/Blue/White
136.0000 1,904.00EMPSCG2QMS5RBW/ Y
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Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
14.00 LEDS04370 3-Wire mPower 3" Fascia LED, SM, 8-LED, Red/Blue 109.5000 1,533.00EMPSCG1SLS3J/ Y
7.00 PATC00292 Liftgate Harness, bluePRINT 500 w/3-Wire, 20+ Utility 276.0000 1,932.00FT-F01-SOB5-LFT-01/ Y ***Tail Light LED's***
14.00 LEDS03674 Universal Under Cover LED Insert, 5-Wire, Blue 83.0000 1,162.00ELUC3H010B/ Y
14.00 LEDS02981 Twist-In UC LED Collar Kit 3.0000 42.00PLUCTCL1/ Y
7.00 PATC00323 Ford Utility Tail Light Interface w/ Diode Protection, Pair 114.0000 798.00FT-F01-SOB5-OEM-02/ Y Note: Tail Light Flash Via bluePRINT and FasTech
Harness
***Rear Under Spoiler LED's***
14.00 LEDS03996 3-Wire mPower 4" Fascia LED, Stud Mt, 18-LED, Red/Blue/White
136.0000 1,904.00EMPSCG2STS5RBW/ Y
7.00 BKRT00074 Under Spoiler mPower Bracket, 1-Module, 2020 Utility 40.5000 283.50PMP2RS101/ Y
7.00 PATC00294 2-Mod Spoiler Harness, bluePRINT 500 w/3-Wire, 20+ Utility
134.4000 940.80FT-F01-SOB5-SPO-02/ Y
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Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
***FasTech Harness/ Electrical System***
7.00 PATC00287 Primary Harness, bluePRINT 500 w/3-Wire, 20+ Utility 2,380.8000 16,665.60FT-F01-SOB5-PRI-02/ Y
7.00 PATC00291 Underhood Harness, bluePRINT 500 w/3-Wire, 20+ Utility
314.4000 2,200.80FT-F01-SOB5-UND-02/ Y
7.00 BKRT00092 Electronics Mounting Plate SOS, DRV 1/4 Panel, 20+ Utility
117.6000 823.20PIU20-EQUIP-001/ Y
7.00 BKRT00093 Radio T/R Mounting Bracket, OEM Cubby Pocket, 20+ Utility
43.6000 305.20PIU20-RADIO-KIT/ Y
7.00 VACC02945 Panel Mount USB Cable B to B - F/M, 3' 17.1000 119.70B00FSYBKPM/ Y
7.00 VACC02241 RJ45 Splitter, 1-Male to 3-Female, Use for BP
SYNC/LINK/CP
24.7000 172.90B07PPLK8L4/ Y
7.00 VACC02325 Compact Foot Switch w/ Mounting Plate 52.7700 369.39491-SC36MP/ Y
7.00 VACC01714 Switch, Idle Security, Off-On 15.3000 107.10AEP-SW-IDLE/ Y ***Black-Out***
7.00 VACC02559 Covert Patrol for use with FasTech Harness, Ford Utility 557.6000 3,903.20COVP-PIUBP-KIT/ Y Quotation continued on next page ...
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Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
***Center Equipment Console***
7.00 CONS01598 "Short" Console Packege w/ Cup, 10"/4.5", 20+ Utility 490.0000 3,430.007170-0735-00/ Y
14.00 FACE00624 Blank Faceplate, 3/4" 0.0000 0.0015130/ N
7.00 FACE00717 Console Faceplate Harris M7300 Remote Radio, 3" 0.0000 0.007160-0523/ N
7.00 FACE00866 Console Faceplate for SoundOff 500 Console, 3.5" 0.0000 0.0020033/ N
7.00 FACE00735 Console Faceplate w/ (6) Contura Switch Cut-Outs, 2" 0.0000 0.0015083/ N
7.00 CONS00354 Arm Rest, Adjustable 180.0000 1,260.00C-ARM-104/ Y PB 2012-09-01
14.00 CONS01276 Magnetic Microphone Mount 37.9500 531.30MMBP-25/ Y
7.00 VACC01101 DC Power Port 5.4000 37.8011010/ Y
7.00 VACC01102 DC Power Port Cap 1.8000 12.6011011/ Y
7.00 VACC02798 USB C & USB A Dual Port Car Charger Socket Power Outlet
23.4000 163.80B08DD4BH6G/ Y
- Mounted on Passengerside Console Factory Aux
Location
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Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
7.00 LIGH00331 57.4000 401.80M84434RW-A/ Y6" LED Dome Light, Red/White, 110 Lumens ***Computer Mount (CF-33 Tablet Config)***
7.00 COMP01788 Gamber TrimLine Dock, CF-33 Tablet, Lite Port, w/ Pwr, w/RF
1,301.3000 9,109.107300-0196-12/ Y
7.00 COMP01749 TG3 Mobile Keyboard w/ Touch Pad, USB Coiled Cord 267.6900 1,873.83KBA-BLTX-UCNNR-US/ Y
7.00 CONS01686 On-Dash Mount w/ 3" Ext Arm, 2020+ Ford Utility 368.2000 2,577.407160-1346-01/ Y
7.00 CONS01468 Offset Bracket 39.2000 274.407160-0872/ Y
7.00 CONS01634 Mongoose XLE 9" Motion Attachment 413.0000 2,891.007160-1216-09/ Y
7.00 COMP01598 keyboard Tray, Low Profile, Quick Release 154.0000 1,078.007160-0857/ Y ***Radio / Data Antenna***
7.00 ANTE00968 GPSB Sharkee Antenna kit, Cell w/ TNC, GPS w/TNC (Opt Whip)
234.2100 1,639.47GP-IN2236
/ Y
7.00 ANTE00935 Tri-Band Antenna Mast, 150-160, 450-520, 745-870Mhz 77.0800 539.56ASFC-155-U2-B1/ Y
7.00 ANTE00781 Radio Antenna Extension Cable, 16', TNC 24.4900 171.43C23F-5T/ Y Quotation continued on next page ...
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Jan 31, 2024
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Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
***Prisoner Transport***
7.00 PRIS01937 10XL C2 Partition, Recessed, Poly Sliding, TM, 2020 Utility
940.7200 6,585.04PK1186ITU20-TM/ Y
7.00 PRIS01938 Transport Seat w/Poly Partition, Center Belts, 2020 Utility
1,407.1200 9,849.84QK0566ITU20/ Y
7.00 PRIS01939 Window Barriers, Steel Horizontal Bars, 2020 Utility 289.5200 2,026.64WK0514ITU20H/ Y
14.00 DOME00054 Silho-X 4" Round Neutral White/Red Light SS Trim Ring 45.6500 639.10E06-LS0R-1/ Y
7.00 VACC01661 Switch, Dome Light Color Select, "Red-White" 15.3000 107.10AEP-SW-DOME3/ Y
7.00 VACC01450 Switch, Rear Dome Light, On-Door-Off 15.3000 107.10AEP-SW-DOME1/ Y ***Front Weapon Mount***
7.00 GUNM00765 Gun Rack, Dual, Partition Mount, SC6-B/SC6, #2 727.2000 5,090.40GRPXXX6B6X232/ Y
7.00 GUNM00513 AR-15 Takedown Pin Guard 193.6000 1,355.20GUNMARTDPGRDBOM/ Y ***Rear Cargo Storage System***
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Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
7.00 STOR00714 Storage Box, 44W X24Dx8H w/ 1.5" Fence, 2 Locking Handles
1,454.6400 10,182.48CP-GB44248-T3/ Y
7.00 STOR00900 Elevated Base, 2020+ Ford Utility 313.2800 2,192.96CP-UV20-MNT-EB/ Y
7.00 VACC00342 Toggle Switch, Off-On, SPST.. 10.2000 71.4013-100/ Y
7.00 VACC01453 Switch Label Plaque, "Cargo Dome, Door-Off" 8.5000 59.50AEP-LABEL-CARGO-DO/ Y
7.00 LIGH00331 6" LED Dome Light, Red/White, 110 Lumens 57.4000 401.80M84434RW-A/ Y ***Stop Stick***
7.00 VACC00979 9' Stop Stick, SUV Kit, Black 606.0000 4,242.00S3701K/ Y
7.00 VACC03184 Stop Stick Holster 258.0000 1,806.00S2433/ Y ***Ballistic Panels***
Note: Veh w/ dual spot lights will not have AA Ballistics this vehicle is equiped with Ford OEM option.
6.00 VACC02974 Level III+ Ballistic Door Pannel / Driver Side 20+ PI-SUV 1,398.6000 8,391.6001-00358/ Y Quotation continued on next page ...
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Jan 31, 2024
Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Pa ge
Order Number
2024 Patrol Utility x7 HEM11101 AS NET30
QTE0037395
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:
City of Hemet
445 E. Florida Ave.
Hemet, California 92543
City of Hemet
445 E. Florida Ave.
Hemet, California, 92543
Make ModelYear Color
2023 Ford PIU B/W
State Contract #
NA
Tax
6.00 VACC02975 Level III+ Ballistic Door Pannel / Passenger Side 20+ PI-SUV
1,398.6000 8,391.6001-00359/ Y
***Installation/ Freight***
315.00 LABO90001 Installation Labor Services (45 hours each) 105.0000 33,075.00AEP INSTALL/ Y EVT-Certified Technician Labor
7.00 SHOP90006 Installation Materials / Shop Supplies 85.0000 595.00Shop Supplies/ Y ***Vehicle Transport and Freight/Shipping***
Freight / Shipping 1,260.00 N
Transportation / Delivery, AEP California to Hemet 1,960.00 N Note: New Vehicles to be transported to AEP by Agency
***Customer Supplied Equipment***
7.00 INST05685 Axon Vehicle Interface Module 0.0000 0.00CSM / N
7.00 INST05685 Harris Radio Kit, Remote Head 0.0000 0.00CSM/ N 226,663.32
208,685.12
17,978.20
Subtotal
Total sales tax
Total order
Order Discount 0.00
Parts
Labor / Services
Thank you for the opportunity to earn your business
Terms & Conditions:
ESTIMATES VALID FOR 30 DAYS
Orders will be invoiced upon notification of completion Returns subject to 25% restocking fee. No returns on special order items.
Credit Card payments accepted for payments of orders/invoicing totaling $10,000 or less only.
SIGNATURE (not required if PO/contract is issued)
PB#INFO EmailPB#Assign EmailTo, [email protected]
Trans / Trip / Fee
172,390.12
33,075.00
Shipping 1,260.00
1,960.00
15.B.
City of Hemet
JUSTIFICATION OF SOLE SOURCE REQUEST
DATE: 2/5/2024
Sole Source. Procurement may be made or contract awarded without a competitive procurement process when there is only one reasonable and practicable source for the required goods or services because of the unique quality of the goods or services; availability; compatibility with existing city programs, equipment or systems; or fitness for a particular use. Such a sole source purchase must be determined to meet the procurement policies and procedures and be recommended for approval by the purchasing officer. (Hemet Municipal Code Section 2-331(c))
PROPOSED SOLE SOURCE PROVIDER:
BRIEF DESCRIPTION OF PURCHASE:
EXCEPTION BEING APPLIED:
Unique quality of goods or services
Availability
Compatibility with existing city programs, equipment or systems Fitness for a particular use
Please answer all questions in detail in order to prevent delays in evaluation.
1. Provide the background of events leading to the acquisition.
City council approved $770,000 in FY2023 -2024 budget to purchase eight new fully up-fitted police vehicles. Given the ongoing supply chain issues, all eight vehicles were successfully purchased using three different dealerships. Currently, seven police vehicles, which will be utilized for patrol, are in need of up-fitting before they can be put into service.
2. Why is the acquisition restricted to the Proposed Sole Source Provider? (Explain why the acquisition cannot be competitively bid.)
Three known vendors provide police vehicle up -fitting within our geographic area.
Those companies are West Coast Lights and Sirens in Riverside, Innovative Emergency Equipment (Innovative) in Riverside, and American Emergency Products (AEP) in Santee, California. Selecting a vendor within driving distance of Hemet is essential, as each vehicle must be driven to the vendor for up-fit.
15.B.
The police department has experience using all three vendors. West Coast Lights and Sirens has been proven to be less than optimal. For example, the time it takes for West Coast Lights and Siren s to complete the up -fitting of a police vehicle is excessive. The department has waited several months for West Coast Lights and Sirens to complete work resulting in unnecessary downtime of crucial police equipment. Additionally, equipment installations performed by West Coast Lights and Sirens are not uniform, and equipment is often installed differently in each vehicle.
Lastly, whenever repair or warranty work is required, West Coast Lights and Siren s must keep the vehicle for weeks to complete the repairs, resulting in additional equipment downtime.
Recently the department has used Innovative for minor up-fitting needs. An example would be repurposing a unit that was initia lly used for a detective vehicle and turning it into a volunteer unit. This up -fit required minimal parts but involved some downtime from Innovative base d on limited parts they kept in stock which then put them at the mercy of the parts vendor.
In January 2024, Innovative was issued Purchase Order # 2024 -000517 for the up - fitting on one of the eight police vehicles recently purchased. This specific up -fitted vehicle is going to be utilized as our future “ROCS” unit and does not require all the same parts that a normal patrol up -fitted unit would need. Although this purchase order was already issued, the unit is still sitting based on parts that Innovative needed to order for the up-fit.
American Emergency Products (AEP) has done the majority of our most recent patrol up -fits. AEP’s installations take half the time West Coast Lights and Siren s require, and AEP installs equipment uniformly. The quality of work is superior when using AEP than West Coast Lights and Siren s for they have more experience up - fitting police vehicles.
While Innovative has yet to provide poor quality workmanship, there lack of parts on hand causes delays for up -fitting. These delays prevent already needed police vehicles from being p ut in service. For these reasons, American Emergency Products (AEP) is the preferred vendor for this project.
3. Has the department bought these goods/services in the past?
Yes. AEP has provided up-fit services on all new Hemet Police vehicles for the past two years. AEP has performed up-fit for (14) police vehicles and is currently up- fitting three vehicles at their location in Santee.
4. What are the consequences of not purchasing the good/service or contracting with the Proposed Sole Source Provider?
- Time: AEP completes work in half the time it takes West Coast Lights and Siren s.
Innovative has yet to complete an up -fitted patrol unit but a current job they have is already seeing delays.
- Availability of equipment: Since AEP is a larger up-fitting company, they keep a higher inventory of parts in stock. Currently, having parts available or the ability to
15.B.
get parts rapidly is delaying Innovative from moving forward on a current project.
Longer build times result in the lack of availability of the police vehicle.
5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department determined such alternatives are either inappropriate or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for not considering them must be included or an explanation of why the survey or effort to identify other goods/services was not performed.)
Three vendors provide police vehicle up-fitting within our geographical area; West Coast Lights and Siren in Riverside, AEP in Santee, and Innovative in Riverside.
Selecting a vendor within driving distance of Hemet is essential, as each vehicle must be driven to the vendor for up-fit.
The police department has experience with all three of these vendors. Issues have been identified with using West Coast Lights and Siren based on prior experience.
West Coast Lights and Siren also has long delays in providing a finished product.
AEP has been the departments “go -to” for up -fitting in the past. While AEP’s finished product is exceptional, within the last year, unknown communication issues arose with t he company leaving the police department’s fleet at a standstill. When this issue arose, Innovative was the only up -fitting company maintaining consistent communication. This ultimately awarded them a purchase order to up -fit one unit.
The department is now seeing the delay Innovative is having with getting parts for our needed up-fit.
In late January 2024, department staff met with Director of Sales for AEP, Adam Serr. Adam explained the breakdown in communication and reassured the issue would be fixed. Since then, AEP has picked up three Ford Expeditions needing up-fit and plan on delivering one of those units very soon. With AEP being much larger than Innovative, AEP is able to keep most parts in stock. AEP has already confirmed they have the ability to up-fit our seven needed units with minimal downtime.
6. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.)
Prices offered by AEP are reasonab le and consistent within the industry for police vehicle up -fit. A comparison was done from an up -fitting quote by AEP and Innovative to make this determination. American Emergency Products is the largest emergency vehicle up-fitter in the Southwestern Un ited States. They provide turnkey emergency vehicle solutions for law enforcement, fire and rescue, and military agencies.
15.B.
7. Describe any cost savings realized or costs avoided by acquiring the goods/services from the proposed Sole Source Provider.
Costs incurred include increased wear on police vehicles caused by unnecessary lengthy build times for new cars. Once new police vehicles arrive from the factory and are ready for up-fit, it is essential to have them completed and patrolling our community as soon as possible. The police department has an aging fleet of police vehicles, and many cars have high mileage. The older the vehicle and higher the mileage, the more that vehicle costs to maintain. Therefore, increased wait times for a vendor to comple te the up -fit of new, replacement police vehicles translate into increased maintenance costs and wear on existing police vehicles.
I am aware of the requirements for competitive bidding as established and defined in the Hemet Municipal Code. As an authorized department representative, I have gathered the required technical information and have made a concentrated effort to review comparable/equal equipment/goods/services.
NOTE: Sole Source Requests are not maintained as a standing request. Each request is for one purchase only.
__________________________ __________ Police 02/05/2024 Approving Official – Dept. Director Department Date
____________________________________ _________________ ________________ Approving Official – Dept. Proj. Manager Department Date Michael A. Arellano #10304 (Feb 5, 2024 15:51 PST)
Michael A. Arellano #10304
15.B.
City of Hemet
Final Audit Report 2024-02-05
Created: 2024-02-05
By: Martha Martinez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAI3BO1TtXHjwQGjbPsqAt4PvlYFjzSnqG "City of Hemet" History
Document created by Martha Martinez ([email protected]) 2024-02-05 - 10:45:33 PM GMT
Document emailed to Chief Arellano ([email protected]) for signature 2024-02-05 - 10:45:36 PM GMT
Email viewed by Chief Arellano ([email protected])
2024-02-05 - 11:46:05 PM GMT
Signer Chief Arellano ([email protected]) entered name at signing as Michael A. Arellano #10304 2024-02-05 - 11:51:24 PM GMT
Document e-signed by Michael A. Arellano #10304 ([email protected]) Signature Date: 2024-02-05 - 11:51:26 PM GMT - Time Source: server Agreement completed.
2024-02-05 - 11:51:26 PM GMT
15.B.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Feb 27 2024
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Side Letter Agreement with Hemet Mid-Managers Association Distinguishing Education Tuition Reimbursement and Educational Incentive Payment
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to execute a Side Letter Agreement with Hemet Mid-Managers Association distinguishing Education Tuition Reimbursement and Educational Incentive Payment.
BACKGROUND:
The City of Hemet (City) and the Hemet Mid-Managers Association (HMMA) are parties to a Memorandum of Understanding (MOU) that is in effect from July 1, 2022. through June 30, 2024, and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the HMMA. As part of this MOU, there is an Educational Incentive payment available for HMMA members who complete educational courses, certificates, and degrees that enhance their ability to do their job. This incentive is included as part of the Educational Reimbursement Program language and may be misconstrued as a reimbursement rather than an incentive.
ANALYSIS:
The City wishes to promote the attainment of education by incumbent employees who are HMMA members. By providing this incentive pay, the City better encourages employees to seek further education to enhance their current positions as well as promotional opportunities. As the language is currently written, the incentive pay could easily be mistaken as educational reimbursement pay since the language is located within the educational reimbursement section in the MOU. Categorizing this pay as a reimbursement versus an incentive, mistakenly or not, may have repercussions on how this
15.C.
pay is reported to California Public Employees' Retirement System (CalPERS) impacting employees' final retirement compensation.
DISCUSSION:
with conferred and have staff City met Act Meyers-Milias-Brown the to Pursuant (MMBA), representatives from HMMA. City representatives and HMMA representatives agreed upon the requirements and conditions to clarify that the Education Reimbursement and Educational Incentive payments are distinct payments. This will ensure that the incentive pay is properly identified as well as categorized and reported to CalPERS.
PREVIOUS COUNCIL ACTION:
The City Council has previously approved the HMMA MOU as a whole on June 28, 2022.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
This proposed action has no fiscal impact. The incentive pay was previously approved as part of the HMMA MOU on June 28, 2022.
ALTERNATIVE(S):
The City Council may either vote not to approve this item or request additional information from Staff before deciding.
ATTACHMENT(S):
Attachment 1: Resolution Authorizing the City Manager to Execute a Side Letter Agreement with HMMA
Attachment 2_ Side Letter Agreement _3 with HMMA
15.C.
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A SIDE LETTER AGREEMENT
WITH THE HEMET MID-MANAGERS ASSOCIATION
DISTINGUISHING EDUCATION TUITION
REIMBURSEMENT AND EDUCATIONAL INCENTIVE
PAYMENT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet (“City”) and the Hemet Mid-Managers Association (HMMA) are parties to a Memorandum of Understanding (MOU) that is in effect from July 1, 2022, through June 30, 2024, and generally governs the wages, hours, and other terms and conditions of employment of the classifications represented by the HMMA; and
WHEREAS, there is an Educational Incentive payment available for HMMA members who complete educational courses, certificates, and degrees that enhance their ability to do their job and, currently, this incentive is included as part of the Educational Reimbursement Program MOU language and may be misconstrued as a reimbursement rather than an incentive; and
WHEREAS, the City wishes to promote the attainment of education by incumbent employees who are HMMA members and encourages employees to seek
15.C.
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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further education in order to enhance their current positions as well promotional opportunities; and
WHEREAS, the incentive pay could easily be mistaken as educational reimbursement pay since the language is located within the educational reimbursement section in the MOU and categorizing this pay as a reimbursement versus an incentive, mistakenly or not, may have repercussions on how this pay is reported to California Public Employees' Retirement System (CalPERS) impacting employees' final retirement compensation; and
WHEREAS, pursuant to the Meyers-Milias-Brown Act (MMBA), City staff have met and conferred with representatives from HMMA and agreed upon the requirements and conditions to clarify that the Education Reimbursement and Educational Incentive payments are distinct payments, ensuring that the incentive pay is properly identified as well as categorized and reported to CalPERS; and
WHEREAS, Council authorizes the City Manager to execute a Side Letter Agreement with HMMA distinguishing Education Tuition Reimbursement and Educational Incentive Payment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Authorization for the City Manager to execute the Side Letter Agreement with HMMA distinguishing Education Tuition Reimbursement and Educational Incentive Payment.
SECTION 2.The effective date of this amendment will be the date of approval of this Resolution, February 27, 2024.
15.C.
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 27th day of February, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
15.C.
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27th day of February, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
15.C.
1 12270668.2 HE040-001
Side Letter of Agreement #3
Between the City of Hemet
and
The Hemet Mid-Managers Association
Distinguishing Education Tuition Reimbursement And Educational Incentive Payment WHEREAS, the City of Hemet (“CITY”) and the Hemet Mid-Managers Association (“HMMA”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2022 through June 30, 2024, and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the HMMA; WHEREAS, Article XI of the MOU provides the terms of the Educational Reimbursement for HMMA members, which is a CITY tuition reimbursement program for HMMA members; WHEREAS, Article XI, section h, of the MOU also provides the terms of the Educational Incentive payment for HMMA members, which is compensation to employees for completing educational courses, certificates and degrees which enhance their ability to do their job, and is intended to be separate and apart from the Educational Reimbursement Program.
WHEREAS, the CITY wishes to promote the attainment of education by incumbent City employees who are HMMA members;
WHEREAS, the Parties wish to amend the MOU to clarify that the Education Reimbursement and Educational Incentive payments are distinct payments; WHEREAS, the Educational Tuition Reimbursement and Education Incentive payments are subject to and contingent upon the completion of the requirements described below; NOW, THEREFORE, the Parties agree to the following:
1. Article XI, section, 11.1.h. is removed from the MOU.
2. The Parties agree to add the following as Article V, section 5.5:
5.5 Educational Incentive.
If an employee attains a degree in a subject related to his/her current job, provided that it exceeds the minimum requirement for the job held, the employee shall receive a onetime payment of $400.00 for an Associate level degree and $600.00 for a Bachelor's Degree. Request for payment shall be submitted within ninety (90) days of receiving degree.
3. No other section of the MOU is being affected by this Side Letter.
15.C.
2 12270668.2 HE040-001
CITY OF HEMET HEMET MID-MANAGERS ASSOCIATION
___________________________ ___________________________ Mark Prestwich, City Manager Gregg Holyoak, President
___________________________ ___________________________ Date Date
___________________________
John Paul Maier, City Clerk
___________________________
Date
___________________________
Steven Graham, City Attorney
___________________________
Date
15.C.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Feb 27 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Charles Russell, Public Works Operations Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Agreement for Services Between the City of Hemet and Crosstown Electrical & Data, Inc. to Provide Traffic Signal Maintenance for a Three (3) Year Term and the Option for Two (2) Additional One (1) Year Extension Periods for a Not-to-Exceed Amount of $823,948.40 and Authorizing the City Manager to Execute All Documents Related to the Agreement
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt A Resolution of the City Council of the City of Hemet, California, Approving an Agreement for Services Between the City of Hemet and Crosstown Electrical & Data, Inc. to Provide Traffic Signal Maintenance for a Three (3) Year Term and the Option for Two (2) Additional One (1) Year Extension Periods for a Not-to-Exceed Amount of $823,948.40 and Authorizing the City Manager to Execute All Documents Related to the Agreement.
BACKGROUND:
The Facilities Maintenance Division of the Public Works Department administers a number of service agreements related to maintenance of City facilities, including traffic signal maintenance services.
Traffic signal maintenance services provide the necessary inspection and maintenance of 45 existing, city-owned, signalized intersection and lighted crosswalks within the City limits. The services also provide post-inspection repairs and after-hour emergency response as requested by the City. These services are currently being provided by Crosstown Electrical & Data, Inc.
ANALYSIS:
In an effort to ensure that the City is receiving cost-effective traffic signal maintenance services, City staff administered a competitive Invitation for Bid (IFB) in December of 2023. On January 16, 2024, the City received four bids. The following table summarizes the bid results:
15.D.
Firm Bid Amount
Crosstown Electrical & Data, Inc. $163,429.50 Per Year
Yunex LLC $197,340.00 Per Year
Bear Electrical Solutions, Inc. $330,186.25 Per Year
Econolite Systems, Inc. $638,332.41 Per Year
City staff has evaluated the bids and determined that Crosstown Electric & Data, Inc. is the lowest, responsive and responsible bidder. The bids represent services and unit pricing proposed for the following categories of work:
1. Routine Maintenance - Bimonthly inspection of signalized intersections, lighted cross walks, signal safety lighting and bridge deck lighting systems.
2. Extraordinary Maintenance - Replacement of lights, lamp assemblies, signal modules, batteries, loop detectors, and various painting tasks.
3. Labor and Equipment - Unit /hourly pricing for additional service calls.
4. Group Replacement of LED - Replacement of all Non-LED
In addition to the annual routine and anticipated extraordinary maintenance services, staff is also recommending the City establish an additional service provision with Crosstown Electrical & Data, Inc. in the amount of $51,275 annually. This amount is recommended to be further prepared for potential emergency response and replacement of traffic signal equipment that is damaged due to traffic accidents. The emergency response and replacement of damaged equipment amount is based on the average service needs experienced over the last two fiscal years. The group replacement of non-LED lamps are to be completed over the first two years in the amount of $36,000 each year. The not-to-exceed amount for the first year of the agreement is $177,429.50.
which $823,948.42, of amount not-to-exceed a total approval recommending is staff City of represents the full potential of the five-year agreement should City staff opt to exercise the right to extend the agreement for two additional one-year terms. This not-to-exceed amount also assumes a 3% annual increase in accordance with the agreement. The requested not-to-exceed amount is summarized in the following table:
Term Annual Cost
(rounded)
Agreement
Cumulative Cost Term Type
Year 1 $177,429.50 $177,429.50 Initial
Year 2* $182,752.39 $360,181.89 Initial
Year 3* $150,042.56 $510,224.45 Initial
Year 4* $154,543.83 $664,768.28 Optional
Year 5* $159,180.15 $823,948.43 Optional
* 3% Annual Increase
Group Replacement of non-LED lamps will be completed during Year 1 and Year 2 @ $36,000 per year.
DISCUSSION:
15.D.
City staff is recommending the City Council approve award of an Agreement for Services to Crosstown one-year two with term three-year initial additional for Inc. Data, & the Electrical extensions available for staff consideration upon completion of the initial term. Crosstown Electrical & Data has proven their ability to provide effective and consistent services during the current agreement period with the City. They have performed scheduled services and have been responsive to all calls for additional services and emergency/after hour calls.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
There is no additional General Fund impact. Funding for traffic signal maintenance is available in the adopted Fiscal Year 2023-24 Streets Division Operating Budget fund 221-4200-2400. The total approved Fiscal Year 2023-24 budget for this account was $517,200 and the total expenditures through December 2023 were $156,887.15.
ALTERNATIVE(S):
1. Do not approve this Agreement.
2. Provide the City Manager with alternative direction.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1 - Resolution for Traffic Signal Maintenance Agreement Attachment 2 - Bid Summary
Attachment 3 - Bids Received
Attachment 4 - Crosstown Electrical & Data Agreement
15.D.
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AN AGREEMENT
FOR SERVICES BETWEEN THE CITY OF HEMET AND
CROSSTOWN ELECTRICAL & DATA, INC. TO PROVIDE
TRAFFIC SIGNAL MAINTENANCE FOR A THREE (3)
YEAR TERM AND TWO (2) ADDITIONAL ONE (1) YEAR
EXTENSION PERIODS FOR A NOT-TO-EXCEED
AMOUNT OF $823,948.40 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS RELATED
TO THE AGREEMENT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the Facilities Maintenance Division administers a number of service agreements related to maintenance of City facilities, including traffic signal maintenance services; and
WHEREAS, traffic signal maintenance services provide the necessary inspection and maintenance of 45 existing, city-owned traffic signals; and WHEREAS, City staff administered a competitive Invitation for Bid in December of 2023 and the City received four bids on January 16, 2024; and WHEREAS, City staff determined that Crosstown Electrical & Data, Inc. was the lowest, most responsive bid; and
WHEREAS, City staff is requesting approval of an agreement with Crosstown Electrical & Data, Inc. for traffic signal maintenance services for a not-to-exceed amount of $823,948.40; and
15.D.
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, funding for traffic signal services is available in the adopted FY 23/24 Streets Division Operating Budget fund 221-4200-2400; and WHEREAS, the total approved Fiscal Year 2023-24 budget for this account was $517,200 and the total expenditures through December 2023 were $156,887.15.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS – The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2.Approves the Agreement for Services between the City of Hemet and Crosstown Electrical & Data, Inc. to provide traffic signal maintenance over a five- year period for a not-to-exceed amount of $823,948.40.
SECTION 3.Authorizes the City Manager to execute all documents related to the agreement.
SECTION 4.EFFECTIVE DATE - This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 27th day of February, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
15.D.
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27th day of February, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
15.D.
City of Hemet
Bid Results for Project Traffic Signal Maintenance Services Issued on 12/19/2023
Bid Due on January 16, 2024 3:00 PM (PST)
Exported on 01/16/2024
Line Totals (Unit Price * Quantity)
ItemItem Description UOM QTY Unit Price Line Total Comment Unit Price Line Total Comment Unit Price Line Total Unit Price Line Total 1 A1 Routine Preventative Maintenance of Traffic Signal Performed at Each Intersection EA 270 $65.75 $17,752.5 0 $87.00 $23,490.0 0 $69.50 $18,765.0 0 $376.10 $101,547.00 2A 2 B i ‐Annual Night Inspection of Safety Lighting EA 90 $5.00 $450.0 0 $7.10 $639.0 0 $8.50 $765.0 0 $17.92 $1,612.8 0 3 A3 Routine Preventative Maintenance of Bridge Deck Light System EA 2 $25.00 $50.00 $29.00 $58.00 $8.50 $17.00 $502.96 $1,005.92 4 A4 Routine Preventative Maintenance of Lighted Crosswalk System EA 2 $30.00 $60.00 $58.00 $116.0 0 $34.50 $69.00 $84.49 $168.98 Subtotal $18,312.5 0 $24,303.00 $19,616.00 $104,334.70
5 B1 Replacement of Inoperable LED Safety Lights EA 10 $610.0 0 $6,100.00 $685.00 $6,850.00 $400.00 $4,000.00 $879.80 $8,798.00 6 B2 Replacement of Missing or Damaged Visors EA 3 $50.00 $150.0 0 $110.00 $330.00 $99.75 $299.25 $53.72 $161.16 7 B3 Replacement of Reflective Street Name Sign Panel EA 5 $700.0 0 $3,500.00 $1,290.00 $6,450.00 $845.00 $4,225.00 $1,339.50 $6,697.50 8B 4
"Replacement of Standard Loop Detector with Type “E” 6’ Diameter Traffic Loop, Including Saw‐Cut Lead‐In and Cable Splicing with Hot‐Melt Sealant" EA 15 $725.00 $10,875.00 $740.00 $11,100.00 $785.00 $11,775.00 $3,437.21 $51,558.15 9B 5 "Replacement of Inoperable LED Vehicle Lamp Assembly – Ball Indication" EA 10 $88.00 $880.0 0 $135.00 $1,350.00 $150.00 $1,500.00 $159.43 $1,594.3 0 10 B6 Replacement of Inoperable LED Vehicle Lamp Assembly – Arrow Indication EA 10 $89.00 $890.0 0 $140.00 $1,400.00 $158.00 $1,580.00 $159.43 $1,594.3 0 11 B7 "Replacement of Countdown Signal Pedestrian LED Module" EA 5 $225.0 0 $1,125.00 $250.00 $1,250.00 $288.00 $1,440.00 $236.13 $1,180.65 12 B8 New P.P.B. Symbol Sign Current Per State Standard EA 2 $61.00 $122.0 0 $60.00 $120.0 0 $59.00 $118.0 0 $81.76 $163.52 13 B9 Conflict Monitor Testing (Field and Bench) EA 10 $75.00 $750.0 0 $165.00 $1,650.00 $138.00 $1,380.00 $289.79 $2,897.9 0 14 B10 Painting of Each Pedestrian Head and Framework EA 40 $50.00 $2,000.0 0 $235.00 $9,400.00 $82.00 $3,280.0 0 $107.18 $4,287.2 0 15 B11 Replacement of Bridge Deck Lights EA 3 $550.0 0 $1,650.00 $545.00 $1,635.00 $400.00 $1,200.00 $445.82 $1,337.4 6 16 B12 Painting of Vehicle Signal Head, Back Plate and Framework EA 100 $135.0 0 $13,500.00 $330.00 $33,000.00 $81.30 $8,130.0 0 $143.37 $14,337.0 0 17 B13 Painting of Pedestrian Button Including Framework EA 20 $25.00 $500.0 0 $145.00 $2,900.00 $40.65 $813.0 0 $59.85 $1,197.0 0 18 B14
Painting of Traffic Signal Controller Cabinet Including Type II or III Electric Service Cabinet per Signalized Intersection EA 20 $450.00 $9,000.00 $920.00 $18,400.00 $310.00 $6,200.00 $711.65 $14,233.00 19 B15 "Replacement of Batteries for Battery Back‐up System" EA 16 $1,300.00 $20,800.00 unit price is based on replacing 4
batteries per BBS, per Q&A outlined for
this IFB
$295.00 $4,720.00 Assumption is "Per Battery" $1,540.00 $24,640.00 $78.56 $1,256.96 Subtotal $71,842.0 0 $100,555.00 $70,580.25 $111,294.10 20 C1 Minimum Call Out Labor Charge EA 1 $250.0 0 $250.00 $248.00 $248.00 $275.00 $275.00 $692.12 $692.12 21 C2 Holiday Rate HOURLY 1 $191.0 0 $191.00 $227.00 $227.00 $230.00 $230.00 $290.52 $290.52 22 C3 Signal Maintenance Superintendent/Supervisor HOURLY 1 $75.00 $75.00 $141.0 0 $141.00 $125.00 $125.00 $245.67 $245.67 23 C4 Traffic Signal Technician Level II HOURLY 1 $110.0 0 $110.00 $134.00 $134.00 $115.00 $115.00 $173.03 $173.03 24 C5 Traffic Signal Technician Level III HOURLY 1 $114.0 0 $114.00 $134.00 $134.00 $115.00 $115.00 $173.03 $173.03 25 C6 Maintenance Electrician HOURLY 1 $114.0 0 $114.00 $134.00 $134.00 $115.00 $115.00 $173.03 $173.03 26 C7 Outdoor Lighting Technician HOURLY 1 $70.00 $70.00 $134.0 0 $134.00 $115.00 $115.00 $173.03 $173.03 27 C8 Bench Technician HOURLY 1 $85.00 $85.00 $141.0 0 $141.00 $115.00 $115.00 $173.03 $173.03 28 C9 Communications Maintenance Technician HOURLY 1 $114.0 0 $114.00 $137.00 $137.00 $115.00 $115.00 $173.03 $173.03 29 C10 Laborer HOURLY 1 $75.00 $75.00 $114.0 0 $114.00 $95.00 $95.00 $173.03 $173.03 30 C11 Service/Pick‐Up Truck HOURLY 1 $30.00 $30.00 $30.00 $30.00 $25.00 $25.00 $37.41 $37.41 31 C12 Compressor HOURLY 1 $5.00 $5.00 $1.00 $1.00 $15.00 $15.00 $19.00 $19.00 32 C13 Aerial Truck HOURLY 1 $42.00 $42.00 $32.00 $32.00 $35.00 $35.00 $49.88 $49.88 Subtotal $1,275.0 0 $1,607.00 $1,490.00 $2,545.81
33 Replacement of all non‐LED indications at a lump sum per intersection EA 45 $1,600.00 $72,000.00 $1,575.00 $70,875.00 Assumption is all yellow
indications (solid/arrow) per
intersection, as it appears all
red/green balls (solid/arrow)
have already been replaced. $5,300.00 $238,500.00 $9,336.84 $420,157.80 Subtotal $72,000.0 0 $70,875.00 $238,500.00 $420,157.80 Total $163,429.5 0 $197,340.00 $330,186.25 $638,332.41
D. Group Replacement of Vehicular Indications with LED
C. Labor and Equipment
Crosstown Eletrical & Data, Inc. Yunex LLC Bear Electrical Solutions, Inc Econolite Systems, Inc.
B. Extraordinary Maintenance
A. Routine Preventative Maintenance
15.D.
15.D.
330,186.25
Three Hundred Thirty Thousand One Hundred Eighty Six
1,2,3,4,5,6,7,8,9,10
.25
15.D.
15.D.
15.D.
15.D.
15.D.
15.D.
15.D.
15.D.
15.D.
January 16, 2024
163,429.50
ONE HUNDRED SIXTY THREE THOUSAND, FOUR HUNDRED TWENTY NINE 50 1-10
15.D.
41 REFERENCE SUBMITTAL FORM
Reference 1:
Name of Firm
Address of Firm
Contact Person
Phone Number
Email Address
Date of Project FROM TO
Project Amount $
Brief Description of Project:
Reference 2:
Name of Firm
Address of Firm
Contact Person
Phone Number
Email Address
Date of Project FROM TO
Project Amount $
Brief Description of Project:
CITY OF SAN DIMAS
245 E. BONITA AVE., SAN DIMAS CA.
STEVE BARRAGAN
(909)394-6247
[email protected]
1979 PRESENT
TRAFFIC SIGNAL & STREETLIGHT MAINTENANCE
(W/CSC)
CITY OF CHINO HILLS
14000 CITY CENTER DRIVE, CHINO HILLS, CA.
CARL HASSEL
(626)392-7456
[email protected]
2015 PRESENT
200,000.00
TRAFFIC SIGNAL & STREETLIGHT MAINTENANCE
250,000.00
AND ON-CALL CONTRACT
AND ON-CALL CONTRACT
15.D.
42 Reference 3:
Name of Firm
Address of Firm
Contact Person
Phone Number
Email Address
Date of Project FROM TO
Project Amount $
Brief Description of Project:
Reference 4:
Name of Firm
Address of Firm
Contact Person
Phone Number
Email Address
Date of Project FROM TO
Project Amount $
Brief Description of Project:
CITY OF DOWNEY
11111 BROOKSHIRE AVE, DOWNEY, CA.
ED NORRIS
(562)279-4835
[email protected]
2017 PRESENT
220,000.00
TRAFFIC SIGNAL, FLASHING BEACON AND FIBER-
OPTIC COMMUNICATIONS MAINTENANCE & ON-CALL CONTRACT
CITY OF MAYWOOD
4319 E SLAUSON AVE. MAYWOOD, CA.
MOHAMMAD MOSTAHKAMI, PE
(949)402-5903
[email protected]
2020 PRESENT
90,000.00
TRAFFIC SIGNAL & STREETLIGHT MAINTENANCE
AND ON-CALL CONTRACT
15.D.
N/A
15.D.
15.D.
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15.D.
15.D.
15.D.
City of Hemet
Traffic Signal Maintenance Services
Due Date: January 16, 2024
INTRODUCTION
Crosstown Electrical and Data Inc. (“Crosstown”) is pleased to submit this proposal in response to the City of Hemet’s Invitation for Bid for the Traffic Signal Maintenance Services project throughout the City Hemet.
Crosstown is a Southern California based Electrical & General Contractor specializing in Traffic Signal Maintenance, installation of Electrical and ITS Infrastructure, fiber optics, copper, wireless, communications, closed circuit television systems, traffic signal installations and modifications. In 2020, Crosstown acquired Computer Service Company (CSC) which had been in the Traffic Signal Maintenance business for over 40 years. With CSC’s personnel staying in place, this work experience followed as part of Crosstown and working together we are an extremely strong team that provides top quality traffic signal maintenance services as well as the capability to provide any and all necessary traffic signal related construction should the need arise.
Crosstown’s Traffic Signal Maintenance division currently employs professional IMSA certified traffic signal/street light electricians and an operational staff consisting of dispatchers, billing specialists, customer service representatives, purchasing agent, and management team. Crosstown intends to use in-house personnel and equipment required to service the City of Hemet’s (45) signalized intersections. We support the International Municipal Signal Association (IMSA) training procedures with all of our technicians obtaining advanced certification through in-house training and participation in IMSA certification courses. The specialized experience and professional competence of Crosstown’s personnel is identified below in the “Key Personnel Qualifications” as required as part of this proposal.
Please note that Crosstown maintains an A & C-10 License, No. 756309. We are also registered with the Department of Industrial Relations, No. 1000000155. Crosstown Acknowledges the receipt of Addendum #’s 1-10. It is understood that all required insurances will be in force at time of contract execution. Furthermore, any performance bonds, labor bonds and/or material bonds will be provided upon execution of the contract. Crosstown acknowledges that rates shall be paid at prevailing wages.
Crosstown will have all required tools, materials, equipment, apparatus, facilities and skilled labor services available to perform all work necessary for this RFP. A hydraulic bucket truck capable of reaching a height of at least 28 feet above gr ound will be available. A computer laptop for programming, maintenance and testing of traffic signal controllers and equipment will be provided to our technicians.
Crosstown will provide all vehicles and traffic cont rol necessary by our Technicians and vehicles will be equipped with permanently mounted warnin g strobe lights, traffic cones, construction warning signs. Traffic control/lane closures will conform to the California Manual on Uniform Traffic Control Devices. Crosstown is in agreeance with th e scope of work for this project for all routine and extraordinary maintenance work and agrees to maintain records as stated. Our firm is very confident that we can provide superior service an d meet all of the requirements set forth in this Invitation for Bid.
15.D.
City of Hemet
Traffic Signal Maintenance Services
Due Date: January 16, 2024
COMPANY QUALIFICATIONS
Crosstown Electrical & Data, Inc. was incorporated in 1998 and has been providing Electrical, ITS and traffic signal services successfully for the past 25 years and we are proud to offer Traffic Signal Maintenance services after the acquisition of the former Computer Services Company that had been continuously providing Traffic Signal Maintenance services over the past 40 years. Crosstown is 100% owned and operated by Mr. David Heermance. We currently have 135 employees with the qualified staff necessary to perform the tasks and services required of this request for proposal.
Crosstown has good relationships with many cities throughout California and multiple traffic signal maintenance contracts currently in effect that are similar to this RFP, such as the city of San Dimas, Azusa, Maywood, and Downey. (See “reference submittal form” for required projects and details). Crosstown maintains a Class “A” General Construction license and a class “C-10” Electrical license, No. 756309, Expires 11/30/24. We are registered with the Department of Industrial Relations, DIR # 100000155. Crosstown complies with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively. Crosstown complies with the Copeland Anti- kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3)
issued pursuant thereto, and any
amendments thereof.
Company Name:
Legal Form of Company:
License no.:
Federal Employer ID #:
DIR #:
Crosstown Electrical & Data, Inc.
Corporation
756309
22-3611877
1000000155
Project Contact:
Jerry Davis: Senior Operations Manager
Telephone Number:
Cell Phone:
(951) 738-1444
(951) 260-3694
Email:
Corporate Office:
[email protected]
5454 Diaz Street
Irwindale, CA. 91706
(626) 813-6693
15.D.
City of Hemet
Traffic Signal Maintenance Services
Due Date: January 16, 2024
KEY PERSONNEL / QUALIFICATIONS
A. Crosstown’s Qualified Maintenance Personnel
Crosstown will maintain adequate level of labor resources as required by the Scope of Work, which includes (1) full-time sign al maintenance technician level II or III certification for each (50) maintained sign al locations and at least three years of experience. The designated manager will have full involvement of the work effort. The following key personnel and support team will be associated with the fulfillment of this Scope of Work and performance of specified tasks:
i. Shea Grotke- Maintenance Technician / IMSA Field Technician Level III: Shea has a Bachelors of Arts in Computer Science from Cal State San Bernardino. He has experience as a General Maintenance Supervisor of a Building Complex and working in General Construction for Shimmick. Shea joined Crosstown in March of 2020 and has his IMSA Work Zone Safety and Traffic Signal Level I, II, and III certifications. Shea is also an IBEW Union Traffic signal Maintenance Technician, he is bucket truck certified, and trained in Iteris Video Detection systems, Gridsmart Video Detection systems, and Econolite Controller Programming. He has currently been providing Maintenance services in the cities of Laguna Hills, West Hollywood, Maywood and Los Alamitos. Please see attached resume for additional information.
ii. Jesus Sanchez - Maintenance Technician / IMSA Field Technician Level III:
Mr. Sanchez has over 30 years of exper ience in the traffic signal maintenance industry and has a great reputation for troubleshooting and solving complex issues.
His work ethic and knowledge is a true asset to Crosstown and each city that Mr.
Sanchez is able to work with. He is familiar with the McCain ATC eX2 NEMA, McCain 2070LX, ASC2-2100, ASC2S-2100, ASC-3, ASC-8000, 2070 and NEMA.
Current IMSA certification certificate and resume is attached for additional information.
iii. Haresh (Harry) Vaidya – Maintenance Technician / Journeyman Electrician / IMSA Field Technician Level III: Mr. Vaidya possesses strong technical skills and an ability to collaborate with others. He has over 30 years of experience in the industry and his strengths include the installation, repair, and replacement of complex electrical and electronic equipment in the field and in production settings.
Mr. Vaidya has been an asset to Crosstown since 2021 with his vast experience in the Traffic Signal Maintenance field and his troubleshooting skills for controllers, video detection systems, and electronic equipment. He is familiar with the McCain ATC eX2 NEMA, McCain 2070LX, ASC2-2100, ASC2S-2100, ASC-3, ASC-8000, 2070 and NEMA. Current IMSA certification certificate and resume is attached for additional information.
15.D.
City of Hemet
Traffic Signal Maintenance Services
Due Date: January 16, 2024
B. Crosstown’s Management Contacts and Support Staff
i. David Heermance, President - Mr. Heermance is the President and CEO of Crosstown Electrical & Data, Inc. which has been providing Electrical and communication services since 1998. He holds a General Construction Class A license as well as an Electrical Class C-10 License and has led Crosstown to experience continual growth and success each year. Mr. Heermance brings over 40 years of overall experience in the installation, operation, maintenance and management of electronic equipment, communications, traffic signals and fiber optic systems to his team. He has in-depth knowledge and understanding of data communications, fiber optics, video, and their application to traffic signals and Intelligent Transportation Systems. Furthermore, Mr. Heermance has developed exceptional management skills in relati on to construction and maintenance and ensures that each project is completed successfully and with a satisfied customer. ii. Jerry Davis – Senior Traffic Signal Maintenance Operations Manager: As Senior Operations Manager Jerry will also be the Contact Compliance Manager for this contract. He is responsible for provid ing strong strategic leadership for the company by working with other management staff and ownership to establish long- range goals, strategies, plans and policies. As well as plan, develop, organize, implement, direct and evaluate the organization’s fiscal function and performance, Jerry works closely with our entire team as well as our clients. He is responsible for the day-to-day direction, oversight and quality control of and delivery of service on this contract. Jerry has over 35 years of experience in traffic signal construction, maintenance and service operations, many of those years have been spent in high profile leadership roles. Jerry worked many of his years in this industry as an IBEW Union journeymen electrician, foreman, and general foremen and as a Project Engineer for Steiny & Co. Jerry came to CSC in early 2013 to oversee all aspects of the compan y’s operations and now manages all Traffic Signal Maintenance operations at Crosstown. He is an active IMSA Member and holds his IMSA Work Zone Safety, Level I and Level II Traffic Signal Field Technician Certifications. iii. Alex Zepeda – Superintendent: / NEC Certified / IMSA Field Electrician Level II: Alex came to Crosstown in 2005 and has over 18 years of experience in communication integration work. He specializ es in CCTV camera installation and integration. Alex worked for CSC from 2001-2005 where he got his IMSA Field Electrician Level II. During this time he was a field electrician and has the background on Traffic Signal Cabinets as well as the maintenance of City intersections. Alex has experience in all types of wireless communication systems and integration and an excellent understanding of communication media such as copper and fiber technologies. He is a Certified Electrician and Fiber Optic Installer and has Certifications for Bridge Wave Wireless Technology and Comnet Ethernet and Communication also OSHA 10/30 Certifi cation. Alex received his Associates
15.D.
City of Hemet
Traffic Signal Maintenance Services
Due Date: January 16, 2024
Degree in 2002 from ITT in Science of Electronic Engineering. Alex is available for on-call or backup needs for an IMSA certified technician. iv. Ralph Maciel – Inventory / Warehouse Manager: Ralph has been with CSC for 19 years. He started out as a delivery driver and over the years has worked his way up to warehouse manager. Ralph is in c harge of ordering the equipment that is needed on a day-to-day basis and ensuring that the supplies stay well stocked.
His knowledge of traffic signal equipment has been a vital asset in keeping our warehouse stocked with all the equipment, tools, and supplies needed to keep our cities intersections running and looking great.
v. Dan Bylund – Purchasing / IT System Administrator: Dan has a BA in Business and is a Certified Microsoft Professional. He has been with the company for over 4 years and currently working with our Web-based Maintenance Management System (MMS). This real time work moni toring program (Sales Force) allows the cities to see how the preventative and response maintenance is going on a day-to- day, hour-by-hour time basics. Dan is our liaison with the companies we purchase our equipment through. He also is involved with our monthly invoicing to the cities.
EQUIPMENT INVENTORY
VEHICLE DESCRIPTION MAKE MODEL YEAR
Crane #2115 Kenworth/Manitex T880 2018
Bucket Truck #260, 40’ Ford F550 4x4 2019
Work Truck #2104 Chevy 6500 2020
Work Truck/Flatbed #2103 Chevy 6500 2021
Bucket Truck, 50’, #261 Ford F550 2019
Bucket Truck, #255 Chevy 5500 2019
The equipment inventory list above is a sample of the proposed equipment that will be used for this contract. If the need arises, Crosstown owns additional equipment that may be used as needed, such as additional work trucks, pickup trucks, dump trucks, backhoes, bobcats, boring machines, etc.
15.D.
City of Hemet
Traffic Signal Maintenance Services
Due Date: January 16, 2024
EQUIPMENT PICTURES
CRANE #2115 BUCKET TRUCK #260 WORK TRUCK #2104 WORK TRUCK/FLAT BED #2103 BUCKET TRUCK #261 BUCKET TRUCK #255
15.D.
15.D.
Shea E. Grotke
is hereby certified as a
Traffic Signal Senior Field Technician Level III
by completing all requirements and examination for certification on 3/23/2022
Valid thru 3/23/2025
Certification #CE_130097
15.D.
15.D.
JJESUS SANCHEZ
TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax
PROFESSIONAL SUMMARY
Mr. Jesus Sanchez has over 40 years of experience in the traffic signal maintenance industry and is well known for his problem solving skills and willingness to help others. He is extremely knowledgeable and hard working.
CERTIFICATIONS
x IMSA Traffic Signal Field Technician Certifications, Levels I, II, and III x IMSA Work Zone Temporary Traffic Control Technician Certification x NEC Licensed Journeyman Electrician, #129961
WORK HISTORY
Crosstown Electrical & Data, Inc. – Traffic Signal Technician 2022 – Current x Provide Technical Support for Traffic Signal Systems
x Field Testing and Repairs
x Troubleshooting, traffic signals, highway lighting
x Perform conflict monitor testing
x Perform general monthly traffic signal maintenance for various cities x Technical assistance
x Aim signals and head and change our bulbs as needed
x Oversight of Technician Training and Quality Control. x Vehicle Detection troubleshooting and programing.
x Cabinet and Controller Testing, Trouble Shooting, Repairs and Programing x Lab Technician Supervisor
x Proficient with TS1, TS2, and 332 Controller cabinets, troubleshooting loop detection
St. Francis Electric, Inc.. – Traffic Signal Technician and Lab Technician Supervisor 2017 - 2022 x Performed traffic signal maintenance for various cities. x Performed field testing and repair.
Econolite – Traffic Signal Technician 1973-1980 and 2002-2017 x Repair of Controllers, Controller Cabinet building
x Factory Service and Special Projects
x Computer Repair, Install and Repair controllers, Building Systems, Cabinet testing RECENT REFERENCE PROJECTS:
x City of Azusa Traffic Signal Preventative Maintenance and Technical Support x City of San Dimas Traffic Signal Preventative Maintenance and Technical Support x City of El Monte Traffic Signal Preventative Maintenance and Technical Support x City of Bell Traffic Signal Preventative Maintenance and Technical Support x City of Chino Hills Traffic Signal Preventative Maintenance and Technical Support x City of Beaumont Traffic Signal Preventative Maintenance and Technical Support x City Maintenance 2007-2017 for Econolite for various cities to include Fullerton, Costa Mesa, Downey, Newport Beach, Buena park, Bell Gardens.
15.D.
SSHEA GROTKE
TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax
EDUCATION
Bachelor of Arts Degree, Computer Science, California State San Bernardino
CERTIFICATIONS
x IMSA Traffic Signal Field Technician Certifications, Levels I, II, and III x IMSA Work Zone Temporary Traffic Control Technician Certification
WORK HISTORY
Crosstown Electrical & Data, Inc. / CSC – Traffic Signal Technician 2019 – Current x Provide Technical Support for Traffic Signal and communication systems x Perform controller programming
x Perform conflict monitor testing and programming of conflict monitor keys x Perform general monthly traffic signal maintenance for various cities x Verify detection systems and coordinate loops
x Aim signals and head and change our bulbs as needed
x Perform replacement of poles/cabinets that are knocked down x Iteris, Econolite & GridSmart Video Detection, Installation, Programming & Troubleshooting x CMU & MMU Testing & Installation
x Streetlight & ISNS Maintenance & Repair
x McCain & Econolite Controller Installation & Programing x Polora PPB Installation, Programming & Troubleshooting x Controller Cabinet Installation and Replacement
x Traffic Signal Turn-On Support for various contractors and agencies x
Steiny, Inc. – Signal Construction 2017-2019 x Performed labor on the Signal installation crew
GSI and Crane Development – General Construction Labor 2005-2017 x Perform general construction labor on roadways
RECENT REFERENCE PROJECTS:
x City of Laguna Hills Traffic Signal Maintenance
x City of Maywood Traffic Signal Maintenance
x City of Los Alamitos Traffic Signal Maintenance
x City of West Hollywood Pedestrian Flashing Beacon Maintenance x City of West Hollywood City-Wide Street Light Maintenance & Repair x City of Azusa Flashing Crosswalk & Radar Speed Sign Installation, Maintenance & Repair x Technical Support for the OC 405 Project to include controller programming and Gridsmart camera installation and programming.
15.D.
HARESH (HARRY) VAIDYA
ITS Maintenance Tech. x CA Lic’d Journeyman Electrician x IMSA Level III Certified x 30 HR OSHA Certified
SUMMARY OF QUALIFICATIONS
Experience and corresponding expertise has resulted in excellent qualifications as an ELECTRICAL, ELECTRONIC and ELECTRO-MECHANICAL TECHNICIAN. Possess strong technical skills with the ability to collaborate with engineers on prototypes and designs. Highly proficient at maintaining, assembling, troubleshooting electronics, electrical equipment and mechanical systems. Extensive knowledge of keypads, motor controllers, programming timers, voltage consumers, and testing equipment. Adept at reading blueprints and record-keeping. Self-motivated, flexible and detail-oriented. In-depth knowledge of NEC/PC diagram, electronic parts, and AC/DC high/low voltage power supply. Knowledge of 110V/220V/480V machinery pow er line & circuit breakers. Knowledge of commercial company lighting systems. Knowledge of 208V/277V/480V transformers.
Key Strengths Include:
x Install, repair, and replace complex electrical/electronic equipment in both field and production settings. x Change transformers at high/low voltage and repair motor controllers. Replace UPS (Battery Back unit) as well as changing circuit breakers and repairing in field wiring/unit. x Strong mechanical aptitude in a variety of work environments.
PROFESSIONAL EXPERIENCE
HEAD JOURNEYMAN ELECTRICIAN
Exterior Products Corp. - Anaheim, CA (2017 to Current) Retrofit LED Lighting in shopping centers, commercial buildings, industrial lots, and retail units.
Troubleshoot & replace CL, metal highlight, sodium lamps, mercury lamps, and transformers. Install lighting in shopping center parking lots, wall pack lig hts on the exterior of commercial buildings, and ceiling lighting. Troubleshoot & replace retail center monuments lighting and pylon signs. Repair & replace ballast, lamps, bypass switch, GFI, and re ceptacles. Troubleshoot & replace ballast and fluorescent lamp in ceiling light fixtures. Repair & replace photo cells in exterior lighting. On-site daily/monthly inspections to verify site lighting. Supervise 4-5 employees during projects in the field.
TRANSPORTATION SYSTEMS MAINTENANCE TECHNICIAN
Econolite Traffic Engineering and Maintenance, Inc. (Aegis ITS) - Anaheim, CA (2007 to 2017) Program/Check timing data in various controllers for street traffic light intersection cabinets. Repair intersection conflict calls and pe rform monthly preventive maintenance on a 24 hour on-call duty.
Program/Troubleshoot video detection system and loops detection system. Replace faulty detectors and video processor for vehicle detection. Install knockdown replacement poles, signal heads, ISNS, street lighting, and a combination of these items. In addition to wiring traffic control cabinets on-site & Aegis lab/manufacturing. Troubleshoot, repair, an d replace field wiring problems in the street replacement of conductors in conduit test. Splice field cables and loops. Communicate with City Inspector & Engineers. Programming traf fic controller & replacing hardware (PPB’s, LED’s, PEDMOD’s). Completed 13-14 projects per day in the field.
HEAD ELECTRICIAN/BUILDING MAINTENANCE/ELECTRONICS/ELECTRICAL EQUIPMENT TECHNICIAN Modular Display System - Anaheim, CA (1988 to 2006)
Built custom-made electronics and electrical/mechanical devices for turntables used at auto show conventions and trade show display systems. Clients included Boeing, Hyundai, Suzuki, Yamaha and Rogerson Aircraft. Worked directly with electrical design engineers to create commercial electronic keypad AC & DC power supply controllers. Serviced electrical systems and display lighting systems.
Read schematics and blueprints. Disassembled, insp ected, bench tested, performed trouble-shooting and quality testing for electrical/electronic control systems in company production machinery. Traveled world-wide to install and repair displa ys. Maintained production machinery. Honored with MDS Employee of the Month Award and a Certificate of Appreciation from Boeing.
EDUCATIONAL BACKGROUND AND CERTIFICATIONS
HVAC Systems Training Plus E.P.A. 608 Universal Certified x Brownson Technical School - Anaheim, CA Logic Control/PLC/Computer Operations Certified x Southern California Institute of Technology - Anaheim, CA Steam Operator’s License Training x The Gas Company’s Energy Resource Center - Los Angeles, CA Electronics Troubleshooting Certificate x Fullerton Community College Electronic/Mechanical Apprentice Diploma x Industrial Training Institute Wireman Apprentice Certified x Technical Examination Board Radio Engineering and Practical Training Certificate x Eagle Radio and Television Institute of Technology Computer Skills: Windows x Vista x Microsoft Office x Multilingual: Spanish, Gujarati, and Hindi
15.D.
Addenda
Email History
Tra¨c Signal Maintenance Services
Dec 20, 2023 1 Line Items
Dec 20, 2023 2 Q and A Set 1
Dec 26, 2023 3 Q and A Set 2
Dec 26, 2023 4 Sample Agreement
Dec 26, 2023 5 Q and A Set 3
Dec 28, 2023 6 Q and A Set 4
Dec 28, 2023 7 Q and A Set 5
Jan 02, 2024 8 Q and A Set 6
Jan 02, 2024 9 Q and A Set 7
Jan 03, 2024 10 Revised Due Date
None
Received by Crosstown:
15.D.
Q&A Deadline January 2, 2024 3:00 PM (PST)
Tra¨c Signal Maintenance Services
Set 1 Released via Addendum 2 12/20/2023 7:25 AM (PST) – 1 question
1.1 Can the City please revise Line Item C3 description on PlanetBids to match Line Item C3 Exhibit "C" Compensation Sheet?
Answer Done, thank you!
Set 2 Released via Addendum 3 12/26/2023 7:35 AM (PST) – 2 questions
2.1 Can the City please provide Exhibit "D" - Insurance Requirements? I couldn't ¦nd it in the documents.
Answer This has been added to the documents section
2.2 Can you please con¦rm that Attachment "A" was left intentionally blank or provide attachment? Thanks Answer Sorry, this has been added to the documents section Set 3 Released via Addendum 5 12/26/2023 3:10 PM (PST) – 1 question
3.1 After reviewing the Insurance Requirements and based on the Scope of Work in the IFB, it doesn't seem that it would entail having a high professional or design/build type work exposure under this sample contract so would it be possible that the City waive the requirement for professional services including design/build completely or would the City accept a $1,000,000 each claim & $1,000,000 aggregate limit instead of the $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate? Answer Professional liability will be required. $1M per claim would be acceptable as well.
Set 4 Released via Addendum 6 12/28/2023 10:57 AM (PST) – 1 question
4.1 In regards to the answer to question 3.1, we understand that Professional liability will be required and $1M per claim would be acceptable but could you please con¦rm that the $1M per claim and $1M aggregate limit will be acceptable? Thanks
Answer No it would not be
15.D.
Set 5 Released via Addendum 7 12/28/2023 1:57 PM (PST) – 1 question
5.1 Can the City please provide an attachment for ATT 9 MTS FURNISHED INVENTORY LSIT ? Answer I am not sure what you are asking for. The inventory list is provided on page 20 Set 6 Released via Addendum 8 01/02/2024 11:58 AM (PST) – 3 questions
6.1 Possible problem with PlanetBids - Place eBid: When trying to submit an eBid, I get the following message "Bidding Restricted Bidding on this project is restricted. Bidder must be one of the following: CADIR - Registered DIR Public Works Contractor". My vendor pro¦le shows our ¦rm as "CADIR", although I'm not able to get to the next step.
Answer I will reach out to PlanetBids, you should also contact them
6.2 Minor Public Works Template: Would the City be willing to negotiate terms and conditions with the awarded contractor?
Answer We will review and consider requests
6.3 Bid Due Date: Would the City be willing to extend the due date by 1 week due to the holiday break? Answer Yes
Set 7 Released via Addendum 9 01/02/2024 4:25 PM (PST) – 23 questions
7.1 Would the City please clarify if any liquidated damages apply to the performance of the work; and if so, under what circumstances?
Answer Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely di¨cult to determine. The Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $500 for each consecutive calendar day in excess of the time speci¦ed for completion of the Work.
7.2 Would the City please clarify the duration of the initial term and the possibility for renewal terms? Answer The initial term will be for 3 years and the city and contractor must mutually agree to the extension after the initial term, up to 2 - 1 year options.
15.D.
7.3 I see now the City agreed to extend the bid due date by 1 week but the bid due date on PlanetBids still says 1/9/24. Can the City please con¦rm the bid date is now 1/16/24 and also update PlanetBids? Thanks Answer Yes it will be due 1-16
7.4 Seeing as PlanetBids will calculate a Grand Total, is this number suppose to match the Lump Sum Base Bid number on the Bid sheet even though the Bid sheet states that that number is for the entire contract? Answer Yes, the lump sum # should match the line items total and be listed as per year pricing
7.5 Upon contract renewal, does the City allow for Certi¦ed Public Index (CPI) increases and/or mutually agreed upon terms?
Answer we prefer not to
7.6 For the lump sum base bid on the bid sheet, Can the City please provide direction on how to come up with this number? Add all items for A, B, C & D in the Fee Schedule? If so, would this be for the unit pricing or the extended pricing (i.e. A1 270 x "X" = extended pricing and add all extended pricings from A, B, C & D to get Lump Sum)? In addition, would this lump sum pricing be for 1 year, 3 years or 5 years? Answer Lump sum pricing should match the Line Items A-D totaled together including the listed quantities for 1 year
7.7 Under the Schedule of Performance A.1 - Indications, it says the Scope of Services also contains a separate line item for the Group Replacement of non-LED Vehicular Indications (Section V Below). The only Section V found in the IFB is Labor Strike on page 19. Can the City con¦rm this should be Section B? Answer Its on page 31. Not sure the Section V part.
7.8 Under the Routine Preventative Maintenance Program, the City indicates a number of 246 maintenance checks but also indicates 270 in both the details of quantity and the item A1 fee, can the City please clarify? Answer Its 270, we missed this line. Page 21.
7.9 Response criteria indicates 1 hour response. Would this be during normal business hours and after hours as well?
Answer Yes
15.D.
7.10 The fee schedule does not have a separate item for a Battery Backup System as indicated in the maintenance scope, could the City please clarify if this would be billed as extra ordinary when approved for replacement? Answer Page 35 - B15 is a separate line item for the Battery replacement. Page 21 states the BBS system in part of your bi-monthly PM's
7.11 When were the Battery Backup system batteries last changed out? Answer The batteries are tested during the PM schedule and replaced when needed.
7.12 Regarding the 5-year replacement on the Battery Backup System batteries, is the cost of the labor, materials and equipment for this change out to be included into the bi-monthly maintenance fee or under item B15? Currently batteries are excluded under the scope of work leaving this item either billed within the maintenance fee or billed as a line item fee (B15)? Can the City please clarify? Answer Page 30 states - Battery Systems - The Battery System including controller unit and batteries shall be tested in accordance with the manufacturers recommended maintenance as a part of preventative routine maintenance. Check battery voltage and record in cabinet. Failed or defective batteries shall be replaced within ¦ve (5) days of diagnosis. Batteries shall be Included on a ¦ve-year replacement program.
The repair or replacement of any of the components, including batteries, shall be considered extra work and will require prior approval by the City before work is commenced.
7.13 How many batteries are used in the current battery backup system? Answer 4 per BBS unit
7.14 What type of battery backup systems does the City currently have? Answer We have Alpha, Myers, Clarey, Dimensions. Alpha is the preferred replacement
7.15 How many intersections are currently communicating? Answer None
7.16 Is the current communication system by Fiber, Copper or Wireless? Answer We have some intersections with Wireless communication antennas installed
15.D.
7.17 What type of communication system does the City currently have? Answer Wireless capable.
7.18 What manufacture type LED's does the City currently use? Answer GE Lighting. the material, part or unit used shall be as prescribed per Section 86 of Caltrans Standard Speci¦cations.
7.19 Section: Bid Item B15 - Replacement of Batteries for Battery Back-up System. Question: Can you please provide the manufacturer and number of batteries needed per intersection? Answer We have Alpha, Myers, Clarey, Dimensions. Alpha is the preferred replacement. 4 batteries per BBS unit.
7.20 Section: Bid Item B1 - Replacement of Inoperable LED Safety Lights. Question: Can you please provide a manufacturer, wattage, and part number for they type of ¦xtures you would like used? Answer GE Lighting, LED, 120 watts. the material, part or unit used shall be as prescribed per Section 86 of Caltrans Standard Speci¦cations.
7.21 Section: Bridge Deck Lighting. Question: How many lights are on the Bridge Deck? And what is the manufacturer, wattage, and part number of Bridge Deck Lighting? Answer 4 Bridge deck lights.Á GE Lighting, 84 Watts, ÁERL1-0-09-C3-30-A-GRAY-L. The material, part or unit used shall be as prescribed per Section 86 of Caltrans Standard Speci¦cations.
7.22 Section: Battery Backup Systems (BBS). Question: What manufacturer of BBS's are installed within the City? Answer We have Alpha, Myers, Clarey, Dimensions. Alpha is the preferred replacement
7.23 Section: Battery Backup Systems (BBS). Question: How many intersections have BBS units installed? Answer 12
Received by Crosstown:
15.D.
39 BID COVER SHEET
INVITATION FOR BID
Traffic Signal Maintenance Services
Company Name: Address:
Telephone #:
E-mail address: City Business License Number:
Authorized Representative: (print) Signature:
DIR Registration No. & Expiration Date: Title:
Contractor’s License No. & Class: Federal Employer ID (EIN):
THE CONTRACTOR IN SUBMITTING THIS BID MUST FILL IN THE INFORMATION ABOVE. FAILURE TO DO SO MAY VOID YOUR BID
Signaturrrrrrrrrrrrrrrrrrrrrrrrrrrrrre:eeeeeeee:eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee:eeeeeeeeeeeeee::ee:::::::::::::::::::::::::::::::::
Econolite Systems, Inc.
714-575-5549
1250 N,. Tustin Avenue
Anaheim, CA 92807
[email protected] Will provide upon contract award.
Patrick Showalter
1000052909 Operations Manager
License No. 969067, C-10 27-0206675
15.D.
40 BID SHEET FOR:
Traffic Signal Maintenance Services
DATE: _______________________
TO THE CITY OF HEMET, CALIFORNIA:
BIDDER (Firm Name)
__________________________________________________________ The undersigned hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for Corp Yard Modular Building as specified in Section II Scope of Services, and to perform all work in the manner and time prescribed therein.
The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.
LUMP SUM BASE BID (in words and in figures) $ __________________________ (in figures)
___________________________________________ dollars & _________/100 (in words)
The above amount is the total amount bid for the entire contract work including all applicable taxes and hourly prevailing wage rates. Any alteration, erasure, or change must be clearly indicated and initialed by the bidder. The bidder agrees that if there are any discrepancies or questions in the figures, the CITY will use the lower figure despite the bidder’s intent. The City reserves the right to reject any and all bids and to waive any irregularities.
Addendum(a) No(s). _______________ has/have been received and is/are included in this proposal.
The undersigned bidder declares that he has carefully examined the specifications and read the terms and conditions, and hereby proposes and agrees, if this bid is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth on this Bid Sheet.
$OODGGHQGDKDYHEHHQDFNQRZOHGJHGLQ3ODQHW%LGVDVUHTXHVWHG1R$GGHQGDGRFXPHQWVZHUHSRVWHGWKDWFRXOG EHLQFOXGHGLQWKLVELGSDFNDJH
01/16/2024
Econolite Systems, Inc.
638,332.41
1-1 0*
Six Hundred Thirty-Eight Thousand, Three Hundred Thirty-Two Forty-One
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41 REFERENCE SUBMITTAL FORM
Reference 1:
Name of Firm
Address of Firm
Contact Person
Phone Number
Email Address
Date of Project FROM TO
Project Amount $
Brief Description of Project:
Reference 2:
Name of Firm
Address of Firm
Contact Person
Phone Number
Email Address
Date of Project FROM TO
Project Amount $
Brief Description of Project:
City of Brea
54 N. Berry St., Brea, CA 92821
Will Wenz, Public Works Superintendent
(714) 990-7695
[email protected]
2008 ongoing
145,000 annually
traffic signal maintenance service including extraordinary maintenance, lamp replacement, fiber optics communications and termination, installation, testing, video detection systems maintenance, UPS installation and maintenance, intersection re-wiring, solar powered flashing beacons, and IRWL maintenance.
City of Eastvale
12363 Limonite Ave., Ste. 910, Eastvale, CA 91752
Craig Bradshaw, Supervising Engineer
(951) 703-4472
[email protected]
2016 ongoing
200,000 annually
performing preventative maintenance and by providing emergency services when needed.
Traffic signal, ITS, high voltage series streetlight maintenance, full Maintenance of traffic signals throughout the city by regularly
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42 Reference 3:
Name of Firm
Address of Firm
Contact Person
Phone Number
Email Address
Date of Project FROM TO
Project Amount $
Brief Description of Project:
Reference 4:
Name of Firm
Address of Firm
Contact Person
Phone Number
Email Address
Date of Project FROM TO
Project Amount $
Brief Description of Project:
City of Yucaipa
34272 Yucaipa Blvd., Yucaipa, CA 92399
Fermin Preciado, City Engineer
(909) 797-2489
[email protected]
2005 ongoing
Maintenance of traffic signals throughout the city by regularly 90,000 annually
performing preventative maintenance and by providing emergency services when needed.
City of La Verne
3660 "D" St., La Verne, CA 91750
Anthony Ciotti, Deputy Director of Public Works
(909) 596-8741
[email protected]
Maintenance of traffic signals throughout the city by regularly 2011 ongoing
100,000 annually
performing preventative maintenance and by providing emergency services when needed.
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MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET,
A CALIFORNIA MUNICIPAL CORPORATION
AND
CROSSTOWN ELECTRICAL & DATA, INC.
A CALIFORNIA CORPORATION
AGREEMENT # 2024-063
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MAINTENANCE SERVICES AGREEMENT
FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
BETWEEN THE CITY OF HEMET AND CROSSTOWN ELECTRICAL & DATA, INC.
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 24th day of April, 2024 (“Effective Date”), by and between the CITY OF HEMET(“City”), a California municipal corporation and Crosstown Electrical & Data, Inc., a California corporation (“Contractor”). For the purposes of this Agreement City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by Invitation for Bids the performance of the Traffic Signal Maintenance Services defined and described particularly in Section 2, “Scope of Services” of this Agreement.
2. Contractor was selected by City to render such services for the Traffic Signal Maintenance project (“Project”) as set forth in this Agreement.
3. Contractor desires to perform and assume responsibility for those services required by the City on the terms and conditions set forth in this Agreement.
4. Contractor represents that it has the required competence and qualifications necessary for the satisfactory performance of Traffic Signal Maintenance Services.
5. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 “Termination of Agreement,” of this Agreement, the Term of this Agreement is through April 23, 2027 commencing on Effective Date.
City shall be granted two (2) one (1) year options to extend the Term of the Agreement.
City shall exercise option(s) by written notice to Contractor no less than thirty (30) days prior to the end of the existing Term.
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the term of the Agreement for an additional one or two years.
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SECTION 2. SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional traffic signal maintenance services necessary for the Project as set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
SECTION 3. ADDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Contractor perform “Additional Work.” As used herein, “Additional Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eight Hundred and Twenty-Three Thousand Nine Hundred and Forty- Eight Dollars and Forty Cents ($823,948.40) (“Not to Exceed Amount”), which includes One Hundred and Seventy-Seven Thousand Four Hundred and Twenty-Nine Dollars and Fifty Cents ($177,429.50) in year one (1), One Hundred and Eighty-Two Thousand Seven Hundred and Fifty-Two Dollars and Forty Cents ($182,752.40) in year two (2), One Hundred and Fifty Thousand Forty-Two Dollars and Sixty Cents ($150,042.60) in year three (3), One Hundred and Fifty-Four Thousand Five Hundred and Forty-Three Dollars and Eighty Cents ($154,543.80) in year four (4), and One Hundred and Fifty- Nine Thousand One Hundred and Eighty Dollars and Ten Cents ($159,180.10) in year five (5), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. (c) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” (d) If Additional Work is authorized, Contractor will be compensated at the same rates and manner as set forth in this Agreement.
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SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 21, “Notices” hereof. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice. (d) Contractor shall notify the City in writing no later than five (5) business days after invoicing for the Services that have reached eighty percent (80%) of the total contract price. This notification shall include a detailed breakdown of the total amount invoiced to date and the remaining balance of the contract price.
SECTION 6. ACCOUNTING RECORDS
Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
SECTION 7. SCHEDULE OF PERFORMANCE
Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Performance set forth in Exhibit “C” attached hereto and
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incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule of Performance, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.
SECTION 8. CONTINUITY OF PERSONNEL
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 9. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
SECTION 10. STANDARD OF PERFORMANCE
(a) Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services.
Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.
(b) Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the
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Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.
(c) Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
SECTION 11. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES (a) Contractor shall perform and complete all Services under this Agreement pursuant to Section 1 “Term of Agreement,” (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion pursuant to the Schedule of Performance set forth in Exhibit “C.” Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to the Schedule of Performance, it is understood, acknowledged and agreed that the City will suffer damage.
(b) Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $2,000 dollars per day for each and every calendar day of delay beyond the Performance Time or beyond any completion of the Schedule of Performance.
SECTION 12. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. City reserves the right to employ other Contractors in connection with the performance of the Services under this Agreement.
SECTION 13. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure
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to comply with all applicable laws, ordinances and regulations. Contractor represents and warrants that Contractor has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Contractor further represents and warrants that the Services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
(b) Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment,” which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
(c) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
i. Failure to comply with the laws, regulations and policies described in this section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
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ii. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
SECTION 14. PREVAILING WAGE LAWS
(a) Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is one-thousand dollars ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
(b) Since the Services are 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 must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
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SECTION 15. NONDISCRIMINATION
Contractor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.).
Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 16. SAFETY
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and lifesaving equipment and procedures; ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and iii. Adequate facilities for the proper inspection and maintenance of all safety measures.
SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Contractor or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the performance of Services by Contractor, its officers, agents,
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employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. Contractor’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Contractor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “D” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 19. BONDS
(a) PERFORMANCE BOND. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. (b) PAYMENT BOND. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. (c) BOND PROVISIONS. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
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ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
(d) SURETY QUALIFICATIONS. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
SECTION 20. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress.
(b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.
Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5“Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Contractor’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume
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performance in compliance with the terms and provisions of this Agreement. Contractor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or postage prepaid and addressed as follows:
To City: City of Hemet
Attn: Mark Prestwich, City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Contractor: Crosstown Electrical & Data, Inc.
Attn: David Heermance
5454 Diaz St.
Irwindale, CA 91706
SECTION 22. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 23. ASSIGNMENT
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
SECTION 24. WAIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 25. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
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SECTION 26. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 27. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code.
All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. CONFLICTS OF INTEREST
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s ability to perform the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in performing services to other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Contractor will, provide non-related services for other governmental agencies and private parties following the completion of providing the Services under this Agreement. Any such future services shall not be considered a conflict of interest for purposes of this section.
SECTION 29. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement.
No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
15.D.
MAINTENANCE SERVICES AGREEMENT
FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
BETWEEN THE CITY OF HEMET AND CROSSTOWN ELECTRICAL & DATA, INC.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.
City of Hemet Crosstown Electrical & Data, Inc.
Date Date
, City Manager , Contractor
15.D.
EXHIBIT “A”
SCOPE OF SERVICES
A. General
The work to be done, in general, consists of routine preventative maintenance, extraordinary maintenance, and additional maintenance of traffic signal systems for locations that are the responsibility of the City of Hemet in accordance with this Scope of Services. The Contractor is to furnish all tools, equipment, supplies, apparatus, facilities, labor services and material, transportation, and perform all work necessary to maintain in a good and workmanlike manner traffic signal facilities, safety lights, bridge deck lighting, preemption devices, video detection cameras and video processor (where present), and solar lighted crosswalk facility. Please see Attachment A as part of this "Scope of Services" and made a part hereof. The Contractor shall provide a written Inventory of all maintenance items. The various locations shown in Attachment A may change as provided for in this "Scope of Services".
For the purposes of this document the "Project Manager" or “Engineer'' shall be defined as the City of Hemet, Facilities Supervisor or City Engineer respectively or their authorized designee.
For the purposes of this contract, a month is defined as a calendar month. A year is defined as a year from the date of the Notice to Proceed.
B. Standard Specifications
All work performed under this contract shall be in accordance with the latest edition of the "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" (Green Book), including any supplements, the latest edition of the CALTRANS STANDARD PLANS and the latest edition of the CALTRANS STANDARD SPECIFICATIONS. Traffic striping, pavement markings, signing, and construction signing shall be as per the "STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" and/or "STANDARD SPECIFICATIONS," latest edition, The City of Hemet Traffic and Transportation Guidelines, and this Scope of Services.
In case of a conflict between any reference documents identified herein and this Scope of Services, the Engineer shall determine which shall take precedence.
C. Personnel
The Contractor shall provide at least one (1) full-time signal maintenance technician level II or III certification as a Traffic Signal Technician from the International Municipal Signal Association (IMSA) for each fifty (50) maintained signals locations unless otherwise approved by the Engineer. All workers shall have IMSA Work Zone Safety
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certification and State mandated National Electrical Contractors (NEC) certification, unless otherwise approved by the Engineer. Skilled laborers can make hardware repairs under the direct supervision of the technician. The City reserves the right at all times to approve or deny the Contractor's assignment of personnel to the City. If appropriate, the Contractor shall replace any personnel assigned to the City whose performance or behavior is considered unacceptable by the City or the standards established per the proposal.
The contractor shall, at a minimum, have on his/her staff three (3) IMSA certified technicians’ level 2 or 3 assigned to the local Riverside County office, who are familiar with the McCain ATC eX2 NEMA, McCain 2070LX, ASC2-2100, ASC2S-2100, ASC- 3, ASC-8000, 2070 and NEMA Each technician shall have a minimum of three (3) years of experience working and troubleshooting on such controllers, cabinets and its communications equipment. The IMSA and NEC certifications held by employees shall be kept in good standing and shall be maintained current throughout the entire duration of the contract.
When requested by the City, the Contractor may be required to assist in the field inspection of new installations.
Contractor shall provide names and qualifications of current staff members who are proposed for this project indicating their level of certifications and job classifications.
The Contractor shall update employee lists annually or as personnel changes. The IMSA and NEC certifications held by employees shall be kept in good standing and shall be maintained current throughout the entire duration of the contract.
The Contractor shall use only IMSA certified technicians to service, maintain, and make necessary repairs or installations to traffic signal devices within the confines of the controller cabinet. Skilled laborers can make hardware repairs under the direct supervision of the IMSA Technician Level 2 or 3. No work will occur at any signalized intersection under this Contract without an IMSA Technician Level 2 or 3 technician present at all times unless otherwise previously approved in writing by the Engineer or approved designee.
D. Equipment, Materials, and Parts
The Contractor shall have available and readily accessible all required tools, equipment, apparatus, facilities, traffic control, skilled labor services and materials, etc., to perform all work necessary to maintain in good working order all areas listed in Attachment A defined in this Scope of Services. All work performed, or equipment, parts, or materials supplied shall be subject to the inspection and approval of the Engineer or his designated representative.
An inventory of all materials, parts and units owned and stocked by the City at the start of the Contract period shall be made by the Contractor. This will enable the Contractor to
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determine what materials, parts and units the City has on stock for replacement and/or repair of existing facilities.
It shall be the responsibility of the Contractor to stock such additional materials, parts, or units as may be needed for normal maintenance and repair of the traffic signal equipment.
The Contractor shall provide and be equipped with spare parts sufficient to place the signal system back in operation for ordinary trouble calls, including sensing devices for induction loop detectors.
The Contractor shall have on-hand one (1) spare McCain ATC eX2 NEMA controller, (1) McCain 2070LX controller, one (1) malfunction management unit, and one (1) conflict monitor for every twenty-five (25) intersections. The Contractor shall also have on-hand at least (1) McCain ATC eX2 NEMA master controller. In the event of a controller malfunction, the original controller shall be returned to service within 30 working days, or an approved replacement controller shall be installed.
The Contractor's service bucket trucks shall be equipped with spare parts sufficient to place the signal system back in operation for ordinary trouble calls. This shall include sensing devices for induction loop detectors and emergency vehicle preemption detectors.
The service trucks shall also be equipped with spare parts such as spare LED red, green and yellow lights, pedestrian signal LED lights, pedestrian push buttons, aluminum 1A pole and housing, load switches, and program boards. Equipment shall also include, but not be limited to, test apparatus used for diagnostic purposes, a computer laptop and applicable software and tools to make necessary repairs as directed by the Engineer.
In the event of a traffic signal controller malfunction, the Contractor shall install a contractor owned spare for temporary use while malfunctioning traffic signal controllers are sent in for repair. There shall be no charge for use of these controllers while the City's controller is in for repair.
In addition, it shall be the responsibility of the Contractor to stock the necessary controllers, poles, and other materials, parts and supplies to restore an intersection to an operating condition on an emergency basis. For purposes of this section, an operating condition shall mean that all signal phases are working and displayed in a manner in accordance with the California Manual on Uniform Traffic Control Devices, but that all features such as actuation or phase-skipping capabilities are not necessarily restored at the time of the emergency repair, unless approved by the Engineer.
The Contractor shall at a minimum have at least one complete spare signal cabinet at all times for replacement in the event of a knockdown.
No permanent or temporary change of controller mechanisms shall be done without prior approval of the City except in case of an emergency. In the event a change is necessary to respond to an emergency, the Contractor shall notify the City by telephone and by e-mail
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Immediately that the equipment was removed and replaced with approved spare equipment. All costs associated with repairing equipment, including diagnostic costs, shall be approved prior to proceeding with repairs.
E. Equipment, Materials, and Parts Required to Be Used
Contractor shall only use materials, parts and units supplied and/or recommended by the manufacturers of the damaged traffic maintenance equipment. Where no specific material, part, or item is recommended by the manufacturer or where the material, part, or unit cannot be located locally, the material, part or unit used shall be as prescribed per Section 86 of Caltrans Standard Specifications.
The Contractor shall replace or repair any and all defective parts of the controller mechanism as the occasion arises. Controller units, auxiliary equipment and appurtenances such as load switches, Emergency Vehicle Pre-Emption (EVP) devices, detectors, video detection and monitoring cameras, battery backup system equipment, transformers, relays, Ethernet devices, and related items shall be serviced and overhauled as recommended by the manufacturer.
F. Additions and Deletions to the System
The Contractor shall maintain additional traffic signals and appurtenant devices as they are Installed or become part of the maintenance requirements immediately upon written notification by the Engineer or designee. Such additional signals shall be maintained at the same unit price as stipulated in the Contract Agreement. In the event that maintenance of a new signal commences at other than the beginning of the monthly period, the unit rate for routine preventative maintenance services shall be prorated from the date maintenance commences.
The City may, at its sole discretion, eliminate signals from this contract. The Contractor shall be notified of such deletions in writing. Such deleted signals shall decrease the invoice at the same unit price as specified in the Contract Agreement. In the event that maintenance of a signal ceases at other than the beginning of the monthly period, the unit rate for routine preventative maintenance services shall be prorated from the date the Contractor was notified.
G. Request for Service Outside of Normal Hours
The Contractor shall expect service requests outside of the Contractor's normal working hours. These service requests may be given by telephone, fax, e-mail, written correspondence or other means for reporting related problems, damages, and emergencies
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listed in the Scope of Services. The Contractor shall maintain a local or toll-free telephone number where service can be reached twenty-four (24) hours per day, seven (7) days per week, and three hundred and sixty-five (365) days per year, in order to effectively address and respond to both routine and emergency service requests. The telephone number is to be made available to the Engineer or his representative, and the City of Hemet Police Department. All requests shall be addressed by an appropriate timely response as outlined in this Scope of Services.
For the purpose of this contract, "normal hours" shall be defined as Monday through Friday between 7:00 a.m. to 5:00 p.m. (excluding holidays formally recognized by the City) A list of City recognized holidays may be provided to the contractor upon request.) H. Response Criteria for Routine Services and Emergency Routine requests shall be responded to during normal business hours within twenty-four (24) hours of first notification or the first business day, after a weekend unless the City agrees upon other arrangements.
The Contractor will need to ascertain whether service requests are of an “emergency" nature requiring an immediate response or whether the request is general in nature requiring routine response. The City may also deem a traffic signal malfunction an emergency condition at its sole discretion. Requests deemed to be “emergencies" shall be responded to immediately with all possible haste, arriving at the signal location within one hour (1 hour) of first notification.
When responding to an emergency or a called in request or an emailed request, the contractor shall note on their paper work the name of the person, date and time of the request.
In general, the following events shall establish an emergency condition:
1. Totally blacked out traffic signal(s). For intersection(s) in which is or are totally blacked out, the City will use the following California Vehicle Code section:
21800 until such time repairs or corrections are made to the affected intersection(s).
2. Failure or malfunction of the traffic signal system, or interruption of normal signal operations so as to create a public hazard. This may be caused by damage from vehicle collisions or accidents, acts of nature, civil disorder, malicious mischief, vandalism, or actions of other contractors or utility companies.
3. Indications in conflict or signal head(s) are out for any one traffic movement including bulbs and lenses, but not a power outage.
4. Signal/Pedestrian heads and/or alignments that give conflicting indications or rendered not visible to any intersection approach.
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5. Signal cabinet and/or signal pole knocked down.
6. A red light is reported burned out.
7. Any primary head indication is out.
8. Any appurtenant traffic signal equipment such as traffic signal heads, street name signs or other regulatory signs, warning or guide signs affixed to mast arms or poles, reported to be knocked down, dangling, or otherwise creating a public hazard shall be Immediately repaired or removed as an emergency situation in order to eliminate the hazard or unsafe condition.
9. As part of the Contractor's emergency call response, the Contractor may be required to respond to accident scenes at signalized intersections to perform a review of the traffic signal system operation and equipment. The Contractor shall, in this case, thoroughly examine and Inspect all equipment at the location for any physical damage or equipment malfunction, including a timing check of the controller. Upon completion of this examination the Contractor shall submit, in writing, a report summarizing the results of the examination and Inspection to the Engineer. These results shall also be placed in the maintenance records of the Intersection maintained by the Contractor.
10. Any other repair that is deemed an emergency by the City.
Under these conditions, the Contractor shall immediately restore the traffic signal to normal operations. If that is not possible due to the extent of damage, sufficient repairs shall be made to enable the intersection to operate safely.
For emergency repair purposes, the Contractor's vehicle shall have immediately available the following equipment: portable stop signs to be installed If required, barricades, cones, replacement signal heads, pedestrian heads, 1-A signal pole, load switches, controller, and other related equipment and tools which may be required to repair said damage.
For the emergency repair of a signal, the following procedure for traffic control shall apply:
1. The Contractor shall dispatch qualified personnel and equipment to reach the site within the time frame specified in this Scope of Services for emergency call-out.
The Contractor's shall carry in his vehicles an adequate supply of stop signs, barricades, traffic cones, etc., which shall be used when controlling traffic during an emergency and/or when deemed necessary by the signal technician, the Engineer, or his authorized representative.
2. If no police officer is present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall place the intersection in flash in the signal cabinet before setting up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in
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operation, the Contractor shall remove all of the temporary stop signs and other traffic control devices and return those devices owned by the City to the City Yard.
3. If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation, discuss it with the police officer, and obtain a Traffic Accident Report Number (if applicable} to be submitted with the invoice for work performed at the signal. If the repair will take longer than the officer can wait and has determined it to be a hazard the Contractor shall immediately place the Intersection In flash, set up signs and all other necessary warning devices to protect the motoring public. The Contractor shall also notify the Engineer, or his authorized representative, of the any delay and the approximate time of the Contractor's response to such an emergency. Any delay times will not be charged to the City. Contractor shall contact the city prior to responding to the call so it may be tracked.
I. Notification
The Contractor shall notify the Engineer or his authorized representative of any planned alterations, substitutions, or removal of any controller or component, or alteration to the operation of any signal system during normal business hours and give notice to the City same business day of the scheduled work. Notification of changes made at times other than normal business hours, notification to the City shall be reported by telephone or email within two (2) hour of the next business day.
The Contractor shall then call and also confirm via e-mail the morning of each day that any planned extraordinary maintenance that is directed to take place during that day. The Contractor shall notify the Engineer, or his authorized representative, of the proposed maintenance specifying the type of maintenance, location, and the approximate time of the day. If work is commenced without obtaining approval from the City, payment will not be made until City staff can inspect the work.
For emergency call-outs during normal business hours of the City, notification by telephone shall be made within one (1) hour of such response. Notifications at times other than normal business hours of the City shall be reported by telephone within two (2) hour of the beginning of the next business day of the City. The Contractor shall thoroughly examine and Inspect all equipment at the location for any physical damage or equipment malfunction. Within five (5) calendar days after completion of this examination, the Contractor shall submit, in writing, a report summarizing the results of the examination and inspection to the Engineer or his designated representative. These results shall also be placed in the maintenance records of the intersection maintained by the Contractor.
J. Maintenance Records
The Contractor shall keep a current, permanent operational record of all work performed at the intersection, Including, but not limited to, routine maintenance, emergency and
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non-emergency service calls, and extraordinary maintenance, of each and every piece of traffic control or safety equipment that the Contractor is required to maintain by this contract. The Contractor shall also track the replacement schedule of signal indications and batteries as per the contract documents. These records shall be kept at each maintained location on a form approved by the City. A copy of such records shall be provided to the Engineer or his authorized representative within two (2) working days upon request.
The form shall include, at a minimum, the location, the date, time, description of the call, PM service or malfunction device narrative of deficiencies encountered, and a detail of any and all corrective actions(s) taken. Entries shall be made legibly in indelible ink and shall be initialed by the technician's employee # when making the entry.
The Contractor shall maintain an electronic database of the maintenance records that Is remotely accessible by the Agency Engineer. The database shall be specific for each Agency and searchable by intersection.
A written cabinet log shall be kept in each cabinet that includes date and lime of repairs, who performed the work, and a brief description of the work that was done.
In addition, a checklist of items in Section U-1 below for each bi-monthly routine PM check shall be kept in each signal cabinet.
The maintenance records shall be provided to the City on a monthly basis as part of the monthly invoice from the Contractor. Please see Section K immediately below.
K. Monthly Maintenance Reports
The City of Hemet has approximately 45 traffic signals that are to be divided into two approximately equal lists, and the traffic signals on each list are to be visited once every other month. The Contractor shall develop a monthly summary report in cooperation with the City to be submitted with the monthly invoice for those signals subject to review that month. This monthly summary report shall Itemize all activities relating to traffic signal and safety lighting maintenance for each maintained location. The summary report shall list the maintenance history of the entire reporting period for each individual signal location and any deficiencies found including travel, arrival and departure times, dates and location of the repairs, vehicle and service personnel dispatched, types of repairs made, police report# if responded to, requested call(s) and all materials and equipment used for each day worked. A chronological report of all maintenance activities throughout the month is not sufficient. The summary reports shall be submitted to the City within ten (10) days following the end of the month of the reporting period. Invoices will not be paid until the summary report has been reviewed. Reports shall be submitted USB drive or shared cloud folder (in addition to a hard copy). The format Is to be an MS Windows Excel spreadsheet.
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The following information shall be legible and at a minimum, is required for each signal location:
•Location by intersection and identification of a specific comer or direction of traffic when applicable
•Date and time the call was received and the first and last name of the caller or self-initiated
•Date and time the Contractor's personnel and equipment arrived at the scene •Travel time when applicable
•Date and time the job was completed
•Nature of the malfunction, if any, and a description of the action taken by the Contractor
•Notation of routine, extraordinary, or additional work (including emergency work)
•Accident report number (from Police Department when call is received) for all accident related work
•Replacement of equipment including the model, part and serial number, All records are the property of the City of Hemet and at the termination of this contract shall be delivered to the City.
L. Salvaged or Damaged Equipment and Ownership
Ownership of all materials existing and incorporated in the work is vested in the name of the City of Hemet. Salvaged or damaged equipment shall become the property of the Contractor unless otherwise directed by the City. Contractor is responsible for the proper disposal and recycling of such material.
M. Traffic Signal Turn-On and Tun-Off
When a new signal is erected in the city, the Engineer may request the contractor to inspect and evaluate the intersection prior to or at the time of energizing said intersection.
A report is to be generated of any deficiencies or correction of the intersection and its equipment.
The Contractor shall notify the Engineer or his authorized representative, at least 48 hours in advance of any scheduled signal tum-off necessitated by the Contractor's
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operations. The Contractor shall not make said tum-off until given permission to proceed by the Engineer or his authorized representative. Once permission is obtained, the Contractor shall notify the City of Hemet Public Works Department at (951) 765-3710 of said planned shutdown, as well as the anticipated duration of said shutdown.
During the de-energization of the traffic signal, the Contractor shall erect stop signs following the requirements of the MUTCD on Type II barricades with Red flashers on each approach of the intersection, as well as advanced warning signs, to provide all- way stop control while the traffic signal is turned off. The placement and removal of the temporary stop signs shall be completed while the signal is in a red flash condition.
Planned shutdowns are customarily only approved by the Engineer between the hours of 9:00 am and 3:30 pm Monday through Thursday, with no planned shutdowns on Fridays, holidays or a day preceding a holiday. This procedure also applies to the partial shutdown of one or more signal directions, unless directed otherwise.
N. Warranty Service
The Contractor shall guarantee the work against defective material or workmanship for a period of one (1) year from date of completion of the work. Damage due to traffic accidents, acts of nature and service power surges including those from sabotage and/or vandalism are exempt from the guarantee.
When defective material and/or workmanship are discovered which require repairs to be made under this guaranty, all such work shall be done by the Contractor at its own expense within five (5) calendar days after written notice of such defects has been given to Contractor by the City. Should the Contractor fall to repair such defective material or workmanship within five (5) calendar days thereafter, the City may choose to use another contractor for the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required and staffing costs.
In emergencies demanding immediate attention, if the Contractor is unable to respond, the City shall have the right to repair the defect and charge the Contractor with the actual cost of all labor and material required. Any repair work performed as herein specified shall be done under the provisions of the original contract specifications.
During the warranty period, the Contractor is expected to coordinate warranty repairs with the appropriate manufacturer or installing contractor, including delivering or mailing the malfunctioning component. The Contractor shall install a spare component until a malfunctioning component under warranty is repaired or replaced by the manufacturer.
The Contractor shall notify the City of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests.
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O. Traffic Control
The Contractor shall conduct his work in such a manner as to minimize the disruption of traffic flow. The Contractor shall not obstruct or restrict any portion of the roadway until traffic controls have been set up per the California Manual of Uniform Traffic Control Devices (CA MUTCD). All traffic control methods shall conform to the latest edition of the CA MUTCD and this Scope of Services for routine work. When extraordinary, or additional work is required a traffic control plan will be required to be summited to the City's Engineer and approve the design prior to the start of any work. At least one ten (10) foot travel lane in each direction shall be open to traffic at all times unless otherwise approved by the Engineer. Not more than one intersecting street shall be closed at any one time without the prior approval of the Engineer or his authorized representative.
Traffic stoppages shall be limited to time periods approved by the Engineer.
The Contractor shall furnish all flaggers, barricades, barriers, lights, signs, and any other devices which may be necessary for adequate and safe traffic control. These devices shall be maintained by the contractor (while in place) until completion of the project.
Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, and buildings along the line of work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each day's work and at other times when maintenance operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the portion of the roadway and open it for use by public traffic.
The Contractor shall provide protection for any right of way excavation three (3) feet or more in depth or any other excavation which by its nature may be considered hazardous by either covering or erecting a five (5) foot chain link or woven wire fence. If work is performed in the road way, all work shall be covered by a steel plate rated for the designed traffic loads. Such protection shall be provided and monitored at times when an employee of the Contractor is not in attendance at the excavation.
Pedestrian traffic shall be maintained in a safe manner at all times. Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the work area.
All spillage and any excessive dirt or debris caused by hauling operations or moving equipment along or across any private or public property or public traveled way shall be removed immediately at the Contractor's expense.
The Contractor shall provide unobstructed access to all fire hydrants at all times except as otherwise provided, in writing, by the Engineer.
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In such cases a fire hydrant has been noted in conflict of a project, the contractor shall bag the effected hydrant(s) out of service and notify the Hemet Fire Department of location(s) and time period of the outage. Upon completion of the project the bag(s) shalt be removed from the effected hydrant(s), notify to the Hemet Fire Department of location(s) have been cleared.
Failure to provide adequate safety devices, as directed by the Engineer, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City's actual cost. The City shall be entitled to offset any costs incurred against the Contractor's invoice.
All costs for traffic control shall be included in the various items of work, and no additional compensation will be allowed.
P. Damage
Adjacent improvements such as street pavement, curbs, sidewalks, sprinklers, landscaping, hardscaping, driveways, and gutters damaged as a result of the Contractor's operation shall be repaired to the satisfaction of the Engineer at the Contractor's expense Q. Sound and Noise Control
The Contractor shall comply with all local sound control and noise level rules, regulations, and City ordinances, which apply to any work performed pursuant to the contract.
R. Types of Signals/Equipment
The Fee Schedule in Exhibit "C" (Fee Schedule) for both the routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the contract.
S. Meetings
Meetings may be required for the purpose of discussing contract provisions, problems and/or issues and ensuring that the work is proceeding as per the contract documents. The Contractor will be notified in advance and required to attend and participate in these meetings with City staff as needed. These meetings will be called by the Engineer or his authorized representative. Full compensation for attending these meetings shall be considered as included in the various items of work and no additional compensation shall be allowed therefore.
T. Estimate of Quantities
The quantities shown In the Contract Agreement shall be considered as approximate only. The City does not guarantee or agree, either expressly or by implication that the
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actual amounts required would correspond therewith, and reserves the right to increase or decrease the amount of any item or portion of work or material to be performed or furnished, or to omit any such item or portion, in accordance with the provisions relative thereto set forth in this "Scope of Services."
U. Permits, Licenses, and Inspections
The Contractor and all its subcontractors shall obtain and pay for a City business license from the City of Hemet prior to the commencement of work, and obtain a no-fee Right- of-Way Encroachment Permit and Traffic Control Permit from the Engineer.
The Contractor shall have a Class A and/or California "C-10" Contractor's license at the time of awarding of the contract.
All work performed, or equipment or parts supplied by the Contractor, shall be subject to inspections and approval of the Engineer, or his authorized representative.
V. Labor Strike
It shall be the responsibility of the Contractor to provide continuous maintenance services, without any interruption, of all traffic signals in the City. In case of any labor strikes, the Contractor shall provide other means, at its own cost, to provide comparable continuous service as if there were no strike. Failure to do so will cause the City to take whatever actions are deemed necessary to provide such service and the costs will be borne by the Contractor.
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ATTACHMENT “A”
TRAFFIC SIGNAL LOCATIONS
1. SANDERSON & EATON
2. SANDERSON & FRUITVALE
3. SANDERSON & MENLO
4. SANDERSON & DEVONSHIRE
5. ACACIA & KIRBY
6. ACACIA & LYON
7. STATE & FRUITVALE
8. STATE & MENLO
9. STATE & OAKLAND
10. STATE & LATHAM
11. STATE & ACACIA
12. STATE & STETSON
13. STATE & THORNTON
14. STATE & CHAMBERS
15. STATE & DOMENIGONI
16. WARREN & MUSTANG
17. MUSTANG & CAWSTON
18. CAWSTON & STETSON
19. STETSON & SANDERSON
20. SANDERSON & MUSTANG
21. SANDERSON & DOMENIGONI
22. SANDERSON & TANYA/JOHNSTON
23. SANDERSON & WENTWORTH
24. SANDERSON & ACACIA
25. STETSON & KIRBY/SEVEN HILLS
26. STETSON & LYON
27. STETSON & PALM
28. STETSON & GILBERT
29. DOMENIGONI & SEARL PKWY
30. STETSON & PAGE PLAZA
31. SANDERSON & PAGE PLAZA
32. DEVONSHIRE & CAWSTON
33. DEVONSHIRE & KIRBY
34. STETSON & BUENA VISTA
35. STESON & SHOPPING CENTER
36. LATHAM @ HOSPITAL MID BLOCK
37. STATE & DEVONSHIRE
38. MUSTANG MIDBLOCK LIGHTED CROSSWALK – SOLAR/BATTERY
39. SANDERSON & THORNTON
40. MENLO & CAWSTON
41. MOUNTAIN & SOBOBA
42. AUTO BLVD & WARREN RD
15.D.
Page | 14
43. STETSON & ELK
44. STATE & MCSWEENY
45. STATE & SOUTH VILLAGE LOOP
15.D.
EXHIBIT “B”
COMPENSATION
Compensation for the Services shall not exceed Eight Hundred and Twenty-Three Thousand Nine Hundred and Forty-Eight Dollars and Forty Cents ($823,948.40).
Year 1:
Item
Code Description UOM QTY Unit Price Line Total
A. Routine Preventative Maintenance
A1 Routine Preventative Maintenance of Traffic Signal Performed at Each Intersection EA 270 $65.75 $17,752.50 A2 Bi-Annual Night Inspection of Safety Lighting EA 90 $5.00 $450.00 A3 Routine Preventative Maintenance of Bridge Deck Light System EA 2 $25.00 $50.00 A4 Routine Preventative Maintenance of Lighted Crosswalk System EA 2 $30.00 $60.00 Subtotal $18,312.50
B. Extraordinary Maintenance
B1 Replacement of Inoperable LED Safety Lights EA 10 $610.00 $6,100.00 B2 Replacement of Missing or Damaged Visors EA 3 $50.00 $150.00 B3 Replacement of Reflective Street Name Sign Panel EA 5 $700.00 $3,500.00 B4
"Replacement of Standard Loop Detector with Type “E” 6’ Diameter Traffic Loop, Including Saw-Cut Lead-In and Cable Splicing with Hot-Melt Sealant" EA 15 $725.00 $10,875.00 B5 "Replacement of Inoperable LED Vehicle Lamp Assembly – Ball Indication" EA 10 $88.00 $880.00 B6 Replacement of Inoperable LED Vehicle Lamp Assembly – Arrow Indication EA 10 $89.00 $890.00 B7 "Replacement of Countdown Signal Pedestrian LED Module" EA 5 $225.00 $1,125.00 B8 New P.P.B. Symbol Sign Current Per State Standard EA 2 $61.00 $122.00 B9 Conflict Monitor Testing (Field and Bench) EA 10 $75.00 $750.00 B10 Painting of Each Pedestrian Head and Framework EA 40 $50.00 $2,000.00 B11 Replacement of Bridge Deck Lights EA 3 $550.00 $1,650.00 B12 Painting of Vehicle Signal Head, Back Plate and Framework EA 100 $135.00 $13,500.00
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B13 Painting of Pedestrian Button Including Framework EA 20 $25.00 $500.00 B14
Painting of Traffic Signal Controller Cabinet Including Type II or III Electric Service Cabinet per Signalized Intersection EA 20 $450.00 $9,000.00 B15 "Replacement of Batteries for Battery Back-up System" EA 16 $1,300.00 $20,800.00 Subtotal $71,842.00
C. Labor and Equipment
C1 Minimum Call Out Labor Charge EA 1 $250.00 $250.00
C2 Holiday Rate HOURLY 1 $191.00 $191.00
C3 Signal Maintenance Superintendent/Supervisor HOURLY 1 $75.00 $75.00 C4 Traffic Signal Technician Level II HOURLY 1 $110.00 $110.00 C5 Traffic Signal Technician Level III HOURLY 1 $114.00 $114.00 C6 Maintenance Electrician HOURLY 1 $114.00 $114.00
C7 Outdoor Lighting Technician HOURLY 1 $70.00 $70.00
C8 Bench Technician HOURLY 1 $85.00 $85.00
C9 Communications Maintenance Technician HOURLY 1 $114.00 $114.00 C10 Laborer HOURLY 1 $75.00 $75.00
C11 Service/Pick-Up Truck HOURLY 1 $30.00 $30.00
C12 Compressor HOURLY 1 $5.00 $5.00
C13 Aerial Truck HOURLY 1 $42.00 $42.00
Annual Not to Exceed
Amount
$51,275.00
D. Group Replacement of Vehicular Indications with LED
Replacement of all non-LED indications at a lump sum per intersection (45 total) EA 22.5 $1,600.00 $36,000.00 ***Replaced and billed over a 2-year period*** Subtotal $36,000.00
Year 1
Total $177,429.50
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Year 1 Year 2 Year 3 Year 4 Year 5
A. Routine Preventative Maintenance $18,312.50 $18,861.88 $19,427.73 $20,010.56 $20,610.88 B. Extraordinary Maintenance $71,842.00 $73,997.26 $76,217.18 $78,503.69 $80,858.80 C. Labor and Equipment $51,275.00 $52,813.25 $54,397.65 $56,029.58 $57,710.46 D.
Group Replacement of Vehicular Indications
with LED $36,000.00 $37,080.00
5 Year Total
Totals $177,429.50 $182,752.39 $150,042.56 $154,543.83 $159,180.15 $823,948.43 *** Includes 3% annual increase. Group Replacement of Vehicular Indications with LED to be completed and paid for in years 1 & 2. ***
15.D.
BONDS
PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Crosstown Electrical & Data, Inc. as Principal, dated the 24th day of April, 2024 (the Contract), titled the City of Hemet Traffic Signal Maintenance Services in the amount of $823,948.42, which Contract is by this reference made a part hereof, for the work of the following Contract:
Traffic Signal Maintenance Services
1.02AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($823,948.42), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants,
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terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
1.07Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
15.D.
END OF DOCUMENT
15.D.
CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated April 24th, 2024 is in the amount of $823,948.42 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Crosstown Electrical & Data, Inc. (Contractor), (Surety), CITY
OF HEMET (Owner), or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Crosstown Electrical & Data, Inc.
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Traffic Signal Maintenance Services, dated April 24 th, 2024, in the amount of $823,948.42.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
15.D.
BOND TERMS AND CONDITIONS
1.Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2.If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3.If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4.When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
15.D.
4.4Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph
4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5.At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6.If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2Contractor’s obligations to pay liquidated damages; and
6.3To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7.If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
15.D.
8.If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9.No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10.Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11.Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12.All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13.Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
15.D.
14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
15.D.
EXHIBIT “C”
SCHEDULE OF PERFORMANCE
A. Routing Preventative Maintenance Program
The Contractor shall provide a program of routine preventative maintenance designed to eliminate or reduce the incidents of malfunction and extend the useful life of the equipment.
1. Routine Preventative Maintenance of Traffic Signals, Bridge Deck Lighting, and Safety Lighting Systems
Inspect and service each signalized intersection once every other month, not less than 45 days or more than 65 days apart. The Contractor shall provide all material, parts, labor, equipment and transportation, including a service bucket truck capable of performing all the required maintenance functions for each assigned technician, to perform this COMPLETE list of services, on a bi-monthly basis.
The bi-monthly traffic signal maintenance bid Item will be quantified by "EACH" under the "Units of Measure" in the Fee Schedule for an annual total of 246 maintenance checks at 45 traffic signal locations (45 traffic signals X 6 maintenance checks/year = 270 maintenance checks). The traffic signal maintenance unit price will be for all work specified within the Contract documents and will include all labor, materials, tools, equipment, transportation and incidentals necessary to complete all the items of work. The traffic signal maintenance unit price will be per the Fee Schedule and no additional compensation whether for overtime, shift differentials, or travel time shall be allowed.
The Items of work for routine preventative maintenance of traffic signals are as follows:
Air Filter - Replace the air filter element in all controller cabinets so equipped at least once each six (6) months and note in the bi-monthly report any filter replacement. Wash or replace all air filter elements in all cabinets so equipped within three (3) months after the execution of this contract, and so note in the bi-monthly report the date the filter elements are cleaned or replaced.
Battery Backup Systems (BBS) - Backup unit and batteries shall be tested bi-monthly in accordance with the manufacturer's recommended maintenance as a part of preventative routine maintenance program. Battery backup systems or batteries shall be replaced at the unit price stated in the Fee Schedule including checking operational voltage range of all batteries, and adjust or repair as needed.
15.D.
The repair or replacement of any of the BBS components, excluding batteries, shall be considered extra work and will require prior approval by City before work is commenced. Batteries shall be scheduled to be replaced every five (5) years at which time, the new install will reset the clock. If battery failure has occurred prior to the replacement date, approval must be given by the Engineer or his authorized representative
BBS Cabinet Exterior - Remove any posters, signs, adhesive labels, and/or graffiti, etc. from the cabinet exterior. Check the interior and exterior of the service cabinets for signs of deterioration to the cabinet's surface using a wire brush and then protect the area with zinc chromate, red lead or rust inhibitor prior to painting with a matching color (only applicable to painted cabinets.) For Stainless or Aluminum cabinets, a circular pattern will be required to mast any graffiti that is gouged or engraved on it.
BBS Cabinet Interior, Fan and Vents - The Contractor shall clean the BBS cabinets thoroughly on the inside, verify that the controller cabinet fan operates properly with a minimum of noise, and check the vents in the service cabinet to ensure that they are free of any foreign material. If a fan is thermostatically controlled the temperature shall be set at 100 degrees.
BBS Timing and Service Connections - Confirm BBS matches the timing standards approved by the Engineer. Verify that the neutral, ground and power connections including 12-volt side are secure on the controller. Service cabinet at least once every six (6) months. Note in maintenance log.
Before Leaving Intersection - Before leaving the intersection during any routine or extraordinary maintenance, verify that all detector test switches are in "normal" position, and that the stop time switch is in the "auto" or "normal" position. Do a walk of the intersection and touch each comer. Record all information when complete with (name, time, date, nature of work, etc.) In the cabinet logbook.
Immediately correct all safety deficiencies found during routine inspections and schedule non-emergency work with City staff.
Cabinet Exterior - Remove any posters, signs, adhesive labels, and/or graffiti, etc. from the controller and service cabinet exteriors. Check the Interior and exterior of the controller and service cabinets for signs of deterioration to the cabinet's surface using a wire brush and then protect the area with zinc chromate, red lead or rust inhibitor prior to painting with a matching color. For Stainless or Aluminum cabinets, a circular pattern will be required to mast any graffiti that Is gouged or engraved on it.
Cabinet Interior, Fan and Vents - The Contractor shall clean the traffic signal cabinets thoroughly on the inside, including all components. Verify that the
15.D.
controller cabinet fan operates properly with a minimum of noise, and check the vents in both the controller cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material. If a fan is thermostatically controlled the temperature shall be set at 100 degrees.
Communications Maintenance, System Telemetry and Interconnect - Check the operation of telemetry and all other communications devices at all Field Master and Local controller communications equipment (internal and external modems and/or interfacing cables and modules, including wireless communication and/or fiber optic communications) for proper operation and replace or repair as needed.
The Contractor shall include the Communication maintenance personnel's qualifications in the proposal. The City will notify the Contractor if In the City's sole opinion, personnel proposed for any Communication maintenance are not qualified to work on these systems. Within thirty {30) days after City makes the determination, the Contractor shall hire qualified subcontractor{s) specialized in Communication equipment troubleshooting and repair to handle both routine and extraordinary maintenance without any additional compensation from the City.
The Contractor shall equip the Communication Maintenance Technician with a laptop/portable computer loaded with necessary manufacturer's diagnostic and programming software, a portable video monitor with video input and other accessory equipment to do both routine maintenance and extraordinary maintenance. The Contractor shall submit a list of equipment that will be used for troubleshooting and maintaining the Communications equipment to the City within thirty (30) calendar days after the contract has been awarded.
The repair or replacement of traffic signal communications and Interconnect equipment not enclosed within the controller cabinet shall be considered EXTRA WORK and will require prior approval by the Engineer before work is commenced.
Conflict Monitor/Malfunction Management Unit - Verify that the time clock and date are correct in any Conflict Monitor Unit (CMU)/Malfunction Management Unit (MMU) in all signal cabinets. A visual check is required with each PM to ensure no errors are displayed. Yearly testing, during the months of January and February, of all CMU/MMU equipment shall be completed with the use of an automated testing device with the test results printed on a report that is to be delivered to the Engineer within thirty (30) days from the first location tested. The printed report containing the test results shall, at a minimum, include the following information: report header with type of monitor tested and date tested; agency identification including manufacturer, model and serial number; related test info1TT1ation including operator, test site, and intersection location;
15.D.
and monitor verification with a description of type of tests performed and conditions found (i.e., failure or non-failure). Note in bl-monthly routine maintenance log, the respective monthly invoice for payment of Routine Maintenance will not be processed until CMU/MMU testing Is completed and the Engineer has received all required reports.
Connectors - Check all connectors (includes any connections on the main panel, Interface panels and under detector racks) to ensure they are secure and free of corrosion. Apply diazo grease as needed to deter corrosion. Note in bi- monthly routine maintenance log. Be sure not to damage by over-tightening.
Controller Cabinet Mounting - Check the snugness of the nuts on the controller cabinet anchor bolts, and tightens if necessary, being sure not to distort by over- tightening.
Controller Cabinet Foundation Seal - Check the seal between the bottom of the cabinet and the foundation for deterioration. If standing water or evidence of water Is present inside the bottom of the controller cabinet, reseal by removing cabinet mounting nuts and installing sealant between cabinet and foundation.
Controller Operation - Manually place vehicle and pedestrian calls on each phase through the controller cabinet test switches or the controller keyboard to verify controller servicing of each active phase. Maintain an accurate chronograph and set all real-time clocks to the National Bureau of Standards (WWV) time.
When and where necessary, adjust clocks to Daylight Savings Time within twenty-four (24) hours of time changes. Note any time corrections + or - on the log sheet.
Detection Setup - Verify that the detector loop cables are correctly identified, connected to the correct vehicle detector field interface terminals, and that the correct detector indicates a call. Verify that a call is placed on the correct controller detector input, and that the input places a call on the correct controller phase.
Detector Operation - Check detector units and systems Including, but not limited to, Inductive loops, and pedestrian push buttons for correct detection of both vehicles and pedestrians by observing the turn-on of the appropriate detection indicator as a vehicle passes over or through the detector loop(s)/zone; and adjust or repair said equipment as necessary to restore system to Its intended operation.
Door Gasket - Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for evidence of moisture or deterioration. Completely replace any gaskets showing signs of leaking or deterioration.
15.D.
Door Panel Harness - Check the harness leading from the door panel to the auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust if necessary.
Equipment Displays and Indicators - Verify that all LED and LCD displays and indications (controller, MMU/CMU, load switches, flasher, Radio, pre-emption video diction equipment, etc.) are working property.
Flash - Verify the operation of the flashers once per year. Verify with a stopwatch that the flash rate is between 50 to 60 pulses per minute and that the “ON/OFF" states for each flash circuit are equal.
Ground Fault Receptacle - Verify the proper operation of "Test" and "Reset" buttons on GFCI type outlets.
Hinges and Locks - Check for free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess.
Indications - The Contractor shall clean all vehicular and pedestrian module faces once per year, and shall replace burned out vehicular and/or pedestrian modules. Contractor shall furnish all LED signal modules as noted in the program costs per the Fee Schedule agreed to for the maintenance Items as detailed herein below.
In case the Contractor Is unable to replenish his supply of City furnished LED modules in time to replace the burned-out ones, the Contractor shall replace burned out LED modules with City approved LED modules only. The City will only pay for the cost of installation as per the Fee Schedule, and replace the number of LED modules installed by the Contractor out of City inventory.
The Scope of Services also contains a separate Item for the Group Replacement of non-LED Vehicular Indications (Section V below).
Insect or other Rodent Infestation - Check for any signs of ants, wasps, spiders or other rodents within all the cabinets pull boxes hand holes etc. Take the necessary steps for extermination.
Interior Light - Verify the proper operation of the controller cabinet's interior fluorescent LED light and starter.
Intersection Records - Ensure that all intersection "Record Drawings," cabinet wiring diagrams, necessary equipment operations manuals, controller data timing sheets, and log book are corrected and stay inside the cabinet. Contact Engineer lo obtain any missing items.
15.D.
Intersection Timing - The City will provide timing sheets in each controller cabinet. These timings are to be maintained by the Contractor. The Contractor is to compare controller phase timing against the approved timing plan, check any discrepancies against intersection log and notify Engineer of any and all discrepancies. Check the timing of the yellow (caution) intervals on all phases by the controller clock.
Although the Engineer will generally complete new timing patterns, the Contractor may be issued a work order from the Engineer authorizing the Contractor to make necessary changes. The Contractor shall make no timing changes on controllers or accessories unless authorized by the Engineer, EXCEPT during emergencies. In the event that the controller timing does not match the timing sheets in the cabinet, the Contractor shall notify the Engineer for direction on how to proceed. Timing changes that may be necessary during emergencies (such as loop failures, push button failures, etc.) may be made without prior approval. However, the Engineer must be notified of changes by 8:00 AM. the next working day. Any change made to the signal timing, permanent or temporary, shall be noted on the timing sheet with date and the initial of the technician, and logged in the repair record in the controller cabinet.
Intersection Walk-Around - Walk all the approaches of the intersection and visually inspect all signal poles, mast arms, signal heads and indications, traffic control signs, pedestrian signals, Cameras, Opticom (preemption) heads, reflective street name signs, loop sealants, pull box covers, and any other devices, and verify the correct placement and/or operation. Any inoperable vehicle or pedestrian indications, safety lights, or illuminated sign lamps shall be replaced under extraordinary maintenance; illuminated signs damaged beyond repair shall be reported to the Engineer and replaced under extraordinary maintenance with reflective street name signs. All vehicle heads and pedestrian heads found to be out of alignment shall be properly aligned. Missing signs shall be replaced under extraordinary maintenance. Cracked or damaged loop sealants shall be re-sealed.
All other equipment found missing or damaged shall be reported to the City prior to replaced or repaired.
Loop Detectors - The Contractor shall verify the condition of the loops in the roadway and take necessary preventative measures to ensure the longevity of the loop. This includes the splicing (or re-splicing) of detector loops and/or replacement of loop sealant. Cutting and installing new loops is considered extra work and will require prior approval by the Engineer before work is commenced.
The failure of a loop due to sealant not maintained is not considered extra work and will be repaired at the Contractor's expense.
Loop Replacement - In the first month of the start of this contract to ensure the wiring is in good condition. A one-time loop replacement will be given once a
15.D.
detailed list is produced and given to the City for approval. The list will require the locations by intersection, the direction, the lane, and position in the lane. Loop replacement will be as noted in the program costs per the Fee Schedule agreed to for the maintenance Items as detailed herein below. The City will assess pavement condition prior to the Contractor Installing new loops. Loop installation by the Contractor will need authorized by the City.
New loop detectors will be either Type E or Q (bike loops) unless otherwise indicated. All front loop detectors, except for phases that are on permanent recall (normally phases 2 & 6) shall be modified Type E with two horizontal lines across to detect bicycles and shall be billed at the same unit price as a Type E loop. Loop installation will include pavement cutting, placement of the conductors including home run, sealing pavement cuts (with elastomeric or hot melt material as approved by the Engineer) and connection to DLC in pull box so that loop-set is functioning properly upon completion of the Installation. Only IMSA Level 2 or higher technicians are authorized to make loop connections in the cabinet.
Maintenance Log - The Maintenance Log form shall be initialed for every item that was completed during the preventative maintenance that month.
Pedestrian Push Button Assembly - The Contractor shall check all pedestrian push buttons and assembly for proper operation. If necessary, the Contractor shall repair or replace the pedestrian push button and/or assembly as needed. All replaced pedestrian push button assemblies shall be ADA compliant. The replacement of defective parts will be extraordinary maintenance.
Pedestrian Signals - The Contractor shall maintain all pedestrian signal heads in working order, and the cost incurred shall be included in the unit price for routine preventative maintenance per intersection. The replacement of defective parts will be extraordinary maintenance. Pedestrian signal indications requiring replacement shall be replaced with count-down type LED modules as directed by the Engineer.
Plug-ln Components - Check that each plug-in component (rack mount detectors, BIU's, relays, load switches, etc.) fits tightly and securely in its socket.
Preemption Devices - Test all preemption devices for proper operation.
Safety Lighting, Bridge deck lighting and Reflective Street Name Signs - The Contractor shall perform a night inspection of all safety lighting, bridge deck lighting and Reflective street name signs at signalized Intersections twice per year. The Contractor shall carry photocells, fuses, and splice kits when troubleshooting Bridge deck and safety lights. All malfunctioning light fixtures shall be repaired within twenty-four (24) hours of being identified. If repairs
15.D.
cannot be performed at the time of inspection and replacement is necessary, approval from the Engineer or his authorized representative.
Unless otherwise directed by the Engineer, internally illuminated street name signs that are damaged or cannot be repaired shall be replaced with reflectorized street name signs (RSNS) as per the City's applicable Standard Drawings. Sign submittals shall be submitted and approved by the City prior to placing the order.
Unless otherwise directed by the Engineer, all safety lighting/luminaries that cannot be satisfactorily repaired shall be replaced by an LED lighting fixture approved by the Engineer or his authorized representative. The Contractor shall provide the City in the monthly report showing the number of light fixtures that have been repaired, the type of light fixture, and the location for each light fixture.
The City has the right to inspect the Contractor's records to verify any material used in light fixture repair.
Costs incurred in night inspections for Reflective street name signs, bridge deck lighting and safety lighting shall be included in the unit price for routine preventative maintenance. The replacement of defective parts will be extraordinary maintenance as per the Fee Schedule 'B' or per written quote, as directed by the Engineer or his authorized representative.
Service Connections - Verify that the neutral, ground and power connections are secure in both service cabinets and controller cabinet. Check breakers, lighting contactors, switches terminal connections and photo cells at least once every six (6) months. Note in bi-monthly routine maintenance log. The replacement of defective parts will be extraordinary maintenance as per the Fee Schedule or per written quote, as directed by the Engineer or his authorized representative.
Signs - Traffic control signs shall be cleaned and adjusted as routine maintenance.
The Contractor shall repair or replace any damaged, faded or missing reflectorized street name signs, traffic control signs or pedestrian push button plates affixed to any signal mast arm or pole under extraordinary maintenance, including all bracketing attached to the mast arm to the sign.
Switches - Verify the correct operation of each position, including "OFF", of all switches. Repeatedly work all test and stop time switches to keep the switch contacts clean.
Terminal Connections - Using the correct size insulated screwdriver, test each terminal screw backing off slightly check for corrosion then retightening to confirm that it is secure (but not to distort or over-tighten) at least once every six (6) months. Note in bi-monthly routine maintenance log and report corrosion in monthly the report.
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Thermostat - Verify that the cabinet fan thermostat is set at one hundred (100) degrees Fahrenheit.
Traffic Signal Controller Assembly - The Contractor shall replace, repair, or otherwise render in good working order any and all defective traffic signal controller assemblies with like make and model assemblies as necessary to ensure the safe operation of said signal equipment. Solid-state equipment shall be maintained according to the manufacturer's specifications.
Traffic Signal Poles and Mast Arms - Verify that all nuts and bolts are securely attached at base of poles (including all attachments of signs) and at any connection point. Verify that all hand hole and cover plates are in place to protect wiring.
Vacuum Cabinet - The uses of compressed air is only allowed for terminal blocks, electrical components and vent openings. Thoroughly vacuum the Interior of the controller cabinet including all shelves, base of cabinet and the police access panel. Also blow out or vacuum the vent openings above the controller cabinet door.
Video Detection Cameras and Video Processor (Where Present) - The Contractor shall verify that video detection camera lenses are clean and the video processor system is operable. The Contractor shall clean and polish all video detection camera lenses once every six (6) months, or as directed by the Engineer on an individual basis. At that time, all signal heads, mast arm mounted street name signs, and optically programmed signal heads, shall be realigned as necessary. Note in bi-monthly routine maintenance log.
2. Routine Preventative Maintenance of a Solar Lighted Crosswalk System The Contractor shall inspect and service a Solar Lighted Crosswalk and provide the labor, equipment and material to perform this COMPLETE list of services twice per year. The schedule shall be established to coincide with the beginning and ending of Daylight Savings Time. Within thirty (30) days of the award, the Contractor shall provide the City with a maintenance schedule.
The bi-annual Solar Lighted Crosswalk maintenance bid item will be quantified by "EACH" under the "Units of Measure" in the Fee Schedule for an annual total of 2 maintenance checks at one Solar Lighted Crosswalk location (1 crosswalk X 2 maintenance checks/year = 2 maintenance checks). The traffic signal maintenance unit price will be for all work specified within the Contract documents and will include all labor, materials, tools, equipment, transportation and incidentals necessary to complete all the items of work. The traffic signal maintenance unit price will be per the Fee Schedule and no additional
15.D.
compensation whether for overtime, shift differentials, or travel time shall be allowed.
The items of work for routine preventative maintenance of traffic signals are as follows:
Battery Systems - The Battery System including controller unit and batteries shall be tested in accordance with the manufacturers recommended maintenance as a part of preventative routine maintenance. Check battery voltage and record in cabinet. Failed or defective batteries shall be replaced within five (5) days of diagnosis. Batteries shall be Included on a five-year replacement program. The repair or replacement of any of the components, including batteries, shall be considered extra work and will require prior approval by the City before work is commenced.
Cabinet - The Contractor shall clean the service cabinets thoroughly on the inside, including all components and any foreign materials; verify that the controller cabinet fan operates properly with a minimum of noise; check the vents in the service cabinet to ensure that they are free of any foreign material; and remove any posters, signs, adhesive labels, and/or graffiti, etc. from the controller and service cabinet exteriors.
Lighted Crosswalk, Flash pattern, flashing lights on poles and roadway lights (pucks) - Compare timing against the approved timing plan, check any discrepancies against log and notify Engineer of all discrepancies. When and where necessary, adjust controller. Verify the flash rate is as per the manufacturer's specifications. The repair or replacement of any of the components, including the roadway lights, shall be considered extra work and will require prior approval by the City before work is commenced.
Pedestrian Push Button Assembly - The Contractor shall check all pedestrian push buttons for proper operation. If necessary, the Contractor shall repair or replace the pedestrian push button.
Service Connections - Verify that the connections to solar panel to solar controller, ground and power connections are secure in the controller and service cabinet.
Signs - Traffic control signs shall be cleaned and adjusted as routine maintenance.
The Contractor shall repair or replace any damaged or missing traffic control signs or pedestrian push button plates affixed to any signal mast and/or pole under extraordinary maintenance, including orange flags on certain mast arms.