AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR CONSULTING SERVICES (this "AGREEMENT") is made and entered into this 1st day of February, 2025, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the "OWNER"), and ST. FRANCIS ELECTRIC, LLC., (the "CONTRACTOR").
RECITALS
WHEREAS, OWNER desires to engage CONTRACTOR to perform certain technical and professional services, as provided herein, identified as:
TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES
WHEREAS, the principal members of CONTRACTOR are qualified and duly registered/licensed under the laws of the State of California, and CONTRACTOR desires to accept such engagement;
NOW, THEREFORE, the parties agree as follows:
1. Parties to the AGREEMENT.
The parties to this AGREEMENT are:
A. OWNER: CITY OF LANCASTER
B. CONTRACTOR: ST. FRANCIS ELECTRIC, LLC.
2. Notices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.
OWNER Attn: Trolis Niebla, City Manager
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534
CONTRACTOR Attn: Guy Smith, President
St. Francis Electric, LLC.
975 Carden Street
San Leandro, CA 94577
3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign - 1-
any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.
4. Reserved
5. Precedence of AGREEMENT Documents. If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:
First: This body of this AGREEMENT
Second: Exhibit A to this Agreement
Third: The CONTRACTOR'S Proposal
6. Description of Work. OWNER hereby engages CONTRACTOR, and CONTRACTOR accepts such engagement, to perform the technical and professional services set forth in the "Scope Of Services" attached hereto as Exhibit "A". CONTRACTOR shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in Exhibit "A". The City Manager or their designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or their designee.
7. Obligations of the OWNER.
A. The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in Exhibit "A" is not to exceed $2,194,469.00. CONTRACTOR'S fees and charges for the work and services performed shall in no event exceed those set forth in "Pricing Schedule", Exhibit "B" attached hereto and made a part hereof.
B. No payment made hereunder by OWNER to CONTRACTOR, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONTRACTOR of its obligations under this AGREEMENT.
8. Obligations of the CONTRACTOR
A. CONTRACTOR and all subcontractors engaged for the performance of this AGREEMENT shall perform as required by this AGREEMENT and in accordance with all applicable Federal, State and local laws, rules, regulations and requirements ("Applicable Laws"). CONTRACTOR shall further ensure that all subcontractors engaged for the performance of this AGREEMENT shall comply with all Applicable Laws in the performance hereof.
B. CONTRACTOR shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
9. Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to OWNER as a condition precedent to any payment to CONTRACTOR.
10. Term. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONTRACTOR. This Agreement shall continue in - 2-
full force and effect for a period of Twelve (12) months from the effective date of the Agreement (the "Term"), unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the CONTRACTOR may mutually agree in writing to extend the Term of this Agreement.
11. Payment. The City of Lancaster shall reimburse the CONTRACTOR in performance of the work, in an amount not to exceed $2,194,469.00. Actual costs shall not exceed the estimated wage rates and other costs as set forth in the CONTRACTOR'S proposal. Source documentation supporting billed costs must be submitted with each invoice. CONTRACTOR shall provide a cost breakdown with hourly rates for each office and field function in the event that additional work is required beyond the not to exceed amount specified above. Any additional work will require a separate Authorization for CONTRACTOR Services signed by both parties.
CONTRACTOR will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the City of itemized invoices. Invoices shall be submitted no later than forty-five (45) calendar days after the performance of work for which CONTRACTOR is billing. Invoices shall detail the work performed on each milestone, on each project, as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due City. The final invoice should be submitted within sixty (60) calendar days after completion of CONTRACTOR'S work.
CONTRACTOR shall not be reimbursed for actual travel expenses incurred in the performance of the work.
12. Time for Commencement and Completion. CONTRACTOR shall commence performance of the work no later than three (3) calendar days following issuance of Notice to Proceed.
It is anticipated that performance of the work will be completed within Three hundred and sixty (360) calendar days from commencement. In no event shall performance of the work be completed later than Three hundred and sixty (360) calendar days from commencement without the prior written authorization of the City. If CONTRACTOR fails to complete the work in this time period, City may avail itself of any and all remedies provided for in this Agreement.
13. Termination for Convenience. The OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONTRACTOR of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of OWNER, become the OWNER's property. If this AGREEMENT is terminated by OWNER as provided herein, CONTRACTOR will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.
14. Termination for Cause.
A. The OWNER may, by written notice to CONTRACTOR, terminate the whole or any part of this AGREEMENT in any of the following circumstances:
(1) If CONTRACTOR fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or - 3 -
(2) If CONTRACTOR fails to perform the services called for by this AGREEMENT or so fails to make progress as to endanger performance of this AGREEMENT in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.
B. If this AGREEMENT is terminated as provided above in paragraph A or paragraph 13, OWNER may require CONTRACTOR to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONTRACTOR. Upon such termination, CONTRACTOR shall be paid an amount equal to the contract amount, less the cost of hiring another CONTRACTOR to complete CONTRACTOR'S services. In the event no new CONTRACTOR is employed, CONTRACTOR shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to completed work and work in progress, complete and incomplete drawings, and other documents whether delivered to OWNER or in possession of CONTRACTOR, and authorized reimbursement expenses.
C.. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 13.
15. Payment of Prevailing Wage.
A. The State of California, Department of Industrial Relations, has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the work to be done. These rates shall be the minimum wage rates for this project. These rates are on file with the City and copies will be made available to any interested party upon request.
Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any subcontractor under him.
Section 1777.5, as amended, requires the CONTRACTOR or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval.
The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journevmen in such cases shall not be less than one to five except:
(1) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or
2) When the number of apprentices in training in the area exceeds a ratio of one to five: or
- 4-
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or (4) When the CONTRACTOR provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
The CONTRACTOR and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the Prevailing Wage provisions of this Section.
16. Hold Harmless and Indemnification. CONTRACTOR agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable attorney's fees, expert witness fees and/or costs incurred in or in any manner arising out of or related to CONTRACTOR'S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. CONTRACTOR agrees to defend OWNER, it officers and employees, from and against any and all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of CONTRACTOR or on the part of its employees.
17. Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be effective only upon mutual written approval by the City Manager, or their designee and CONTRACTOR.
18. Non-Discrimination and Equal Employment Opportunity A. In the performance of this AGREEMENT, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. CONTRACTOR will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. - 5-
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section.
19. Independent Contractor. CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the OWNER. It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONTRACTOR is an independent contractor.
20. Insurance.
A. The CONTRACTOR, at its expense, shall maintain in effect at all times during the term of this AGREEMENT the following coverage and limits of insurance, which shall be maintained with insurers listed "A-, VIII" or better in the Best's Key Rating Guide:
Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $10,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employer's Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers' Liability policies) B. The CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured's liability.
Professional liability insurance written on a "claims made" basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will - 6-
cover CONTRACTOR for all claims made by the City insured entities arising out of any acts or omissions of CONTRACTOR or its officers, employees, or agents during the time this Agreement was in effect.
D. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
E. All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the CONTRACTOR'S insurance and shall not contribute with it.
F. CONTRACTOR shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for non- payment) to the City of Lancaster.
(2) List in the "Descriptions of Operations/Locations/Vehicles" section:
TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES
The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as th operations under this contract are concerned.
(3) List in the "Certificate Holder" section:
The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
G. CONTRACTOR shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the CONTRACTOR.
21. Commencement and Completion of Work. The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONTRACTOR shall commence when the OWNER, acting by and through its City Manager or their designee, has issued the Notice to Proceed.
CONTRACTOR shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed
- 7-
22. Extension of Time for Completion of Work.
A. If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONTRACTOR, then CONTRACTOR shall be entitled to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section 13.
B. CONTRACTOR shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such delay, and failure to do so shall constitute a waiver thereof. OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.
C. No extension of time requested or granted hereunder shall entitle CONTRACTOR to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, OWNER shall in good faith consider any request for additional compensation submitted by CONTRACTOR.
23. Ownership of Documents. All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONTRACTOR in the course of performing the work required by this AGREEMENT shall be the property of the OWNER. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by CONTRACTOR under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.
24. Data Provided to CONTRACTOR. OWNER shall provide to CONTRACTOR, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in Exhibit "A".
25. CONTRACTOR'S Warranties and Representations.
CONTRACTOR warrants and represents to OWNER as follows:
A. CONTRACTOR has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, to solicit or obtain this AGREEMENT.
B. CONTRACTOR has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this AGREEMENT. Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. CONTRACTOR has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONTRACTOR, and that if any such interest comes to the knowledge of CONTRACTOR at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws. - 8-
D. Upon the execution of this AGREEMENT, CONTRACTOR has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.
E. California Government Code section 84308 ("Levine Act") requires a party to a contract other than competitively bid, labor, or personal employment contract, to disclose any contribution of more than $250 that the party (or their agent) has made to a member of the City Council or any other officer of the City as defined in the Levine Act within the prior 12 months. The Levine Act also prohibits for 12 months following a final decision, a party (or their agent) from making a contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may participate in the making of this Agreement.
(1) By its signature on this Agreement, CONTRACTOR represents and warrants [select one]:
• Neither CONTRACTOR nor any agent acting on behalf of CONTRACTOR has, within the 12 months preceding the commencement of negotiations of this Agreement, made any political contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.
OR
• CONTRACTOR (or an agent acting on behalf of CONTRACTOR) has made a political contribution of more than $250 to:
Identify the person(s) or agents) who made the contribution:
N/A
Identify the City officers) who received the contribution:
N/A
(2) By its signature on this Agreement, CONTRACTOR further represents and warrants [select one]:
• Neither CONTRACTOR nor any agent acting on behalf of CONTRACTOR intends, within the 12 months following the execution of this Agreement, to make any political contribution of more than $250 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.
OR
• CONTRACTOR (or an agent acting on behalf of CONTRACTOR) intends to make a political contribution of more than $250 to:
Identify the person(s) or agents) who will make the contribution:
N/A
Identify the City officers) who will receive the contribution:
N/A
-9-
26. Resolution of Disputes.
A. Disputes regarding the interpretation or application of any provisions of this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys' fees and the costs of mediation shall be split equally between the parties.
If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.
27. Exhibits.
The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:
Exhibit "A" Scope of Services
Exhibit "B" Pricing Schedule
28. Governing Law.
This AGREEMENT shall be governed by the laws of the State of California.
29. Effective Date.
This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONTRACTOR, executes said AGREEMENT. - 10 -
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER
By:
Trolis Niebla, City Manager
Dated:
CONTRACTOR, St. Francis Electric, LLC.
By:
Guy Smith, President
Dated:
ATTEST:
Andrea Alexander, City Clerk
APPROVED AS TO FORM:
Allison E. Burns Esq., City Attorney
CONTRACT SUBMISSION APPROVAL:
Marissa Diaz, Director - Public Works
- 11 -
EXHIBIT "A"
SCOPE OF SERVICES
- 12-
TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES
RFP MSD24-01
SCOPE OF SERVICES - EXHIBIT A
1. BACKGROUND
1.1. The City of Lancaster is a thriving community of 173,516 located approximately one-hour north of Los Angeles. Traffic Signal/Lighting group is responsible for maintaining and upgrading traffic signals, smart school crosswalks, radar speed feedback signs, hard-wired and fiber optic communication systems, detection systems, street and parking lot lighting, bollard and walkway lighting, and inspecting all street lights for proper operation.
The City is in search of a contractor or multiple contactors to provide safe, timely, and quality maintenance and repair services for the Traffic signal and lighting assets City wide.
The City of Lancaster currently owns and maintains 154 signalized intersections and over 20,000 various types of light and poles. Almost all of these lights have been converted to LED fixtures.
2. OBJECTIVES
2.1. The City of Lancaster maintains a high level of service in signal and street light operations.
The City seeks to continue this level of service by supplementing tasks to a maintenance and repair contactor or multiple contractors. The contractors will be required to provide safe and timely responses to various maintenance and repair tasks. They must also provide routine safety, preventive, visual inspections to signal and street light assets.
2.2. This contract may be awarded to multiple vendors. The City will review each section of this scope of work and can potentially award each section to a different contractor. For example, if one contractor is determined to be successful in winning the traffic signal maintenance section, but didn't meet the need of the street light requirement they could only be awarded the traffic signal agreement. A different contract would be awarded the streetlight agreement.
3. CONTRACTOR RESPONSIBILITIES
3.1. Flat Rate Traffic Signal Annual Preventative Maintenance Inspection Tasks.
3.1.1. Inspect the exterior of traffic signal cabinet and any other signal components.
Remove unauthorized signs, stickers, and posters. Items that cannot be removed or graffiti that cannot be wiped away shall be reported to the City. Inspect and verify cabinet paint and coating for damage or deterioration. Inspect signal components for wear, damage or deterioration.
9 3.1.2. Inspect cabinet foundation. Visually inspect for damage or deterioration. Inspect the cabinet to base seal. Reseal if necessary. Inspect and verify cabinet mounting hardware and anchor bolts. Tighten if necessary.
3.1.3. Inspect all doors, gaskets and seals verify that the cabinet is watertight. Replace any sealing components that are leaking
3.1.4. Inspect cabinet vents on doors and top of cabinet. Replace cabinet air filters annually. Verify Cabinet fan operation.
3.1.5. Cabinet handles, locks and hinge are working properly. Lubricate if necessary.
3.1.6. Blow out or brush off cabinet shelves, thoroughly vacuum the interior or cabinet.
3.1.7. Inspect and load test back up batteries. Document results of testing. Verify back up battery system operation. Report any deficiencies to the City.
3.1.8. Inspect poles and mast arm. Inspect for signs of damage, cracks, deterioration and proper alignment. Inspect anchor bolts and tighten as necessary. Report on any of these items found to the City.
3.1.9. Inspect signal heads, backing plates, and visors for proper torque, damage, or deterioration. Ensure these components are tight and properly aligned. If necessary, tighten or align these components.
3.1.10. Visually inspect and verify that all vehicle indications are operating properly, and no obstructions are present. If the indication is not working replace them as necessary.
Report any obstructions to the City.
3.1.11. Inspect all mounting hardware. Check all nuts, bolts and screws for proper torque and verify. Inspect for damage. If necessary, replace or tighten mounting hardware.
Report any damage to the City.
3.1.12. Inspect the hand hole covers for proper installation or damage. Tighten or replace if hand hole or hand hole hardware is damaged, missing or loose.
3.1.13. Inspect pole tops, mast arm end covers, and tenon covers. Ensure these components are installed and properly mounted.
3.1.14. Inspect vehicle detection camera mounting devices, alignment and hardware. Clean vehicle detection camera lenses. If necessary, tighten or align mount and hardware.
3.1.15. Inspect safety light mounting and operation. If safety lights are found inoperable, report to lighting team.
10 3.1.16. Inspect regulatory signs mounted to traffic signal components. Inspect signs overall condition and for proper mounting. If necessary, tighten mounting components. Report worn or deteriorated signs to the City.
3.1.17. Inspect reflectorized street name sign condition and mounting. Inspect mounting components for wear, verify torque, and inspect for signs of fatigue. If necessary, clean the sign face. Check safety cables and replace them if necessary.
3.1.18. Inspect Pedestrian indications. Check pedestrian heads for proper alignment and verify torque. Inspect "walk man and hand" for proper illumination. If count down module, ensure proper operation.
3.1.19. Inspect pedestrian push button for proper operation and mounting. Verify illumination and audible beep if equipped. Report to City if not operating correctly.
3.1.20. Inspect and clean service pedestal.
3.1.21. Inspect and clean pull boxes. Check that covers are intact and adequately secured.
Secure cover as needed. Replace damaged or missing covers if necessary.
3.1.22. Complete preventative maintenance check list and provide to City.
3.1.23. Log preventative maintenance inspection in cabinet logbook and record in City's maintenance software.
3.1.24. Check and if necessary, tighten all accessible electrical connections inside of cabinet, service pedestal, and in terminal compartments of signal poles and signal heads. Report any damage to the City.
3.1.25. Inspect CCTV mounting devices and hardware, tighten if necessary. Clean camera lens.
3.2. Non- Flat Rate repair items are requested by the City based on preventive maintenance inspection, reported deficiencies, and the City's Comcate system.
They include, but are not limited to the following-
3.2.1. Replacement of vehicle indications- red, yellow, green led balls and arrows
3.2.2. Replacement of Pedestrian head.
3.2.3. Installation of Reflectorized street name sign.
3.2.4. Replacing the signal head.
3.2.5. Installing visor.
3.2.6. Installing backing plate.
11 3.2.7. Installing regulatory sign on mast arm.
3.2.8. Installation of replacement pedestrian button.
3.2.9. Trouble shooting various electrical issues.
3.2.10. Other signal repairs not listed may require a time and materials quotation.
3.3. Traffic signal Five-year preventative maintenance tasks will require the same item as the annual and will also include additional items listed below. Five-year inspections will be completed at 31 of the City's 154 intersections every year.
3.3.1. Complete annual inspection tasks.
3.3.2. Install new red and green vehicle indications
3.3.3. Paint signal heads, visors, backing plates and mounting framework, including heads and mounting framework for pedestrian indications.
3.3.4. Install new batteries in battery backup device.
3.4. Flat rate streetlight & safety light maintenance and repair.
3.4.1. Respond to citizens and staff repo ted outages, lighting failures or day burning lights.
3.4.2. Troubleshoot and repair various components of lighting (fixtures, photocells, receptacles, wiring, fuses, etc.)
3.4.3. Tighten loose components and adjust fixtures.
3.4.4. Tighten or replace loose or missing hand hole covers.
3.4.5. Remove items hanging from poles (shoes, balloons, etc.)
3.4.6. Remove unauthorized signs or sign mounting devices.
3.4.7. Repair and maintain rural foot lights and bollard lights.
3.4.8. Repair and maintain various parking lot lighting throughout the City.
3.4.9. Repair and maintain various City owned facilities lighting throughout the City.
3.4.10. Log repairs and light information in City's Citizens Complaint system and GIS program.
3.4.11. Retrofit or replace fixture with LED if necessary. 12 3.4.12. In LS2 streetlight system it will be necessary to coordinate with Southern California Edison for any work below City handhold including energizing or de-energizing. LS3 light will allow for trouble shooting from the power pedestal to the end of the lighting circuit. and may require repairs in pull boxes or service pedestal.
3.4.13. The City will provide all materials.
3.4.14. Citizens' Complaints and outage reports must be responded to within 48 hours of reporting.
3.4.15. Proper traffic control must be proved at all times. Traffic control must meet MUTCD standards.
3.4.16. During normal working hours, remove debris from knocked down poles and clean up surrounding area. Knocked down poles must be cut down to a transportable size and disposed of at the City maintenance yard.
3.4.17. Identify and repackage defective components for warranty repairs.
3.4.18. Replace damaged overhead wire
3.4.19. Day time inspections of poles City wide to find light that stay on during the day or components are visibly defective.
3.4.20. Removing partially fallen poles or structurally compromised poles.
3.4.21. LS3 lights will include energizing and de-energizing
3.4.22. LS2 will require Edison coordination for energizing and de-energizing
3.4.23. Wire new pole to appropriate location
3.4.24. Install new luminaire arm, fixture, photocell as needed.
3.4.25. Poles will be placed with hand holes facing opposite direction of traffic
3.4.26. Concrete cap to be broken out completely and replaced when new pole is installed.
3.4.27. The jobsite must be cleaned, secured and properly delineated to keep pedestrians and motorists safe.
3.4.28. Proper traffic control must be set up and maintained at all times. Traffic control must meet MUTCD standards.
3.4.29. Pole, fixtures, photocell, luminaire arm, and wiring will be provided by the City. 13 3.4.30. Worksite and right of way around Iccation must be safe for pedestrians and motorists during repair. If all work cannot be completed at one time, the area must be made safe in between work times.
3.5. Non-flat rates.
3.5.1. Night survey.
3.5.1.1. Inspect street lighting at night for inoperative light
3.5.1.2. Document and tag streetlights that are inoperative.
3.5.1.3. Create work order for repair.
3.5.1.4. Night surveys will only to be performed if requested by the City.
3.5.2. Replacement of street light foundation.
3.5.2.1. Remove existing cap
3.5.2.2. If necessary, remove existing pole
3.5.2.3. Intercept conduit
3.5.2.4. Remove damaged foundation
3.5.2.5. Set cage and anchors
3.5.2.6. Reconnect conduit
3.5.2.7. Pour new foundation
3.5.2.8. Re-stand pole or install new pole
3.5.2.9. Worksite and right of way around location must be safe for pedestrians and motorists during repair. If all work cannot be completed at one time, the area must be made safe in between work times
3.5.3. Replacement of street light pole.
3.5.3.1. Remove concrete cap
3.5.3.2. Remove the anchor bolts.
3.5.3.3. Remove damaged base plate and clean bolt threading.
3.5.3.4. Install new pole and make sure pole is level.
14 3.5.3.5. Tighten nuts to an appropriate torque setting.
3.5.3.6. Reinstall concrete cap.
3.6. The Contractor must set up and maintain appropriate traffic control for each operation.
Traffic control must meet MUTCD standa ds for roadway size and speeds.
3.7. The contractor is responsible for ensuring that all staff obtain the necessary licenses and certifications required for working on the specified infrastructure and within potential work zones.
3.8. If after-hours work is required to complete a task, the City shall notify the contracts three days before the scheduled work to allow the Contractor to make necessary staff notifications.
4. DELIVERABLES
4.1. Contractor shall provide adequate staff to complete required scope of work.
4.2. Contractor shall provide boom trucks, cranes, traffic control vehicles, arrow boards, and any other equipment required to complete work tasks.
4.3. Contactor shall provide trained and qualified staff for each job task. Example- Traffic signal maintenance technician will be required to have certifications in signal maintenance and inspection. Certifications must be provided to the City with the proposal response.
4.4. Contractor shall provide staff trained in traffic control and work zone safety. Certification must be provided to the City with the proposal response.
5. DUE DATES/SCHEDULES/TIMELINES
5.1. Contractor will provide services Monday through Friday from 6:00 to 3:00.
5.2. Contractor will not work on City holidays. See the observed City holidays list, Attachment
1. 5.3. Requests from the City's Citizens Complaint system shall be responded to within 48 hours.
5.4. Knocked down street light poles will need to be installed within 7 days of reporting, unless agreed upon by City and contractor in writing.
6. REPORTS AND MEETINGS
6.1. Contractor will be required to report work in City's Citizens Complaint system, GIS layer, Maintenance software and log books depending on the type of work. The report shall be completed at completion of task.
15 6.2. Meeting with City staff may be necessary for certain tasks to discuss logistics or procedures.
6.3. It may be required that contractor staff meet with City staff to pick up parts or restock their service vehicles with City provided parts. These meetings shall be included in the flat rate and not billed separately.
6.4. A quarterly meeting with contractor management to discuss issues or status of work shall be required, but can be waived by City staff if deemed unnecessary by both the City and the contractor.
6.5. Reports of work shall accompany all billing. Flat rate or non-flat rate items shall be reported.
6.6. Deficiencies shall be reported to the traffic operations supervisor.
7. CITY RESPONSIBILITIES
7.1. City will provide all materials for both signal and streetlight repairs and maintenance. In the event of that the City is unable to provide parts, the contractor can provide at a predetermined mark up.
7.2. City will provide documentation for record keeping and if electronic records are needed the City will provide electric device required with required software installed.
8. ASSETS FOR MAINTENANCE AND REPAIR
8.1. Traffic signals- 154 signalized intersections
8.2. Lighting- Roughly 18,719 standard concrete street light poles, 434 decorative street lights, 880 safety lights, 85 walkway and bollard lights, 724 various parking lot lights.
8.3. The City regularly takes ownership of new signals and lighting as part of annexations or acceptance of developments. These lights will be added to the maintenance contract at the same billing rate as the current light rate.
9. PERFORMANCE METRICS AND STANDARDS
9.1. The Contractor shall maintain the following performance metrics, subject to City oversight:
9.1.1. Response Time: The Contractor must respond to all emergency traffic signal repairs within two (2) hours of notification. All streetlight repairs, unless otherwise specified, must be completed within forty-eight (48) hours of notification.
9.1.2. Completion Rate: The Contractor shall achieve a minimum 95% completion rate for all assigned tasks within the agreed-upon timelines.
9.1.3. Uptime: All traffic signals must maintain an operational uptime of 99.5%, excluding pre-approved maintenance windows.
16 9.1.4. Reporting Accuracy: Reports submitted to the City must have a 100% accuracy rate, with any discrepancies or errors corrected within 24 hours.
10. LIQUIDATED DAMAGES
10.1. The Contractor agrees that failure to meet the performance metrics or comply with contractual obligations will result in liquidated damages, as detailed below:
10.1.1. Late Work Completion: The contractor agrees to provide an invoice credit of $500 per day will be assessed for each day critical repairs (e.g., knocked-down poles, traffic signal failures) remain incomplete past the agreed timeline.
10.1.2. Work Quality Deficiencies: The Contractor shall be responsible for the costs of corrective actions required due to rework stemming from poor-quality repairs or non- compliance with specifications, without additional charge to the City.
11. QUALITY ASSURANCE & SAFETY PROTOCOLS
11.1. Safety Inspections: The Contractor must ensure that safety inspections are conducted before, during, and after work on all job sites. All employees assigned to the job must be certified in all necessary safety procedures for all tasks requiring lane closures or significant public disruption.
11.2. Worksite Audits: The City reserves the right to conduct unscheduled worksite audits to ensure compliance with safety protocols, traffic control requirements, and adherence to scope of work.
11.3. Preventive Maintenance Reporting: The Contractor must submit quarterly reports detailing preventive maintenance work performed, including the condition of traffic signals and street lighting, safety issues addressed, and remaining risk factors.
Compliance with OSHA and MUTCD: All work must comply with OSHA regulations and MUTCD traffic control standards. Regular training sessions shall be held by the Contractor to ensure staff maintain current certifications in work zone safety and traffic control.
12. ENVIRONMENTAL AND SUSTAINABILITY REQUIREMENTS
Energy Efficiency: The Contractor shall maintain and promote the use of energy- efficient technologies, including LED retrofitting, and ensure all newly installed lighting systems meet or exceed ENERGY STAR guidelines for energy efficiency.
Waste Reduction: The Contractor must properly dispose of any waste generated from traffic signal and streetlight repairs, ensuring that recyclable materials (such as aluminum or electronic waste) are recycled, and hazardous materials are handled per state and EPA guidelines.
17 Sustainability Goals: The Contractor is encouraged to suggest environmentally- friendly alternatives during maintenance and repair work that may further reduce the City's carbon footprint and energy use.
13. WARRANTY REQUIREMENTS
13.1. Parts Warranty: The Contractor shall provide a minimum one-year warranty on all parts and materials supplied, ensuring that any defective items are repaired or replaced at no additional cost to the City.
Labor Warranty: The Contractor guarantees that all labor performed will be free from defects in workmanship for a minimum of one year. Any issues that arise during this period must be resolved at the Contractor's expense.
Manufacturer Warranty Coordination: The Contractor shall manage all warranty claims with manufacturers for defective components, ensuring timely replacement or repair of faulty materials.
13.4. Warranty Documentation: Copies of warranty documents must be provided to the City upon completion of each task where applicable.
14. SB 854 - SB 854 bill signed into law on June 20, 2014, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The Department of Industrial Relations (DIR) requires all contractors and subcontractors who propose or perform work on a public works project (as defined under the Labor Code) be subject to a registration and annual renewal fee. Contractors must apply online and meet minimum qualifications to be registered as eligible to propose and work on public works projects. The requirement to list only registered contractors and subcontractors on proposals becomes effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015.
This contract shall comply with the requirement of SB 854. 18 EXHIBIT "B"
PRICING SCHEDULE
- 13 -
EXHIBIT "B"
PRICING SCHEDULE
Section Description Unit Price
Flat Rate* Signal Preventive Maintenance Inspection $ 2,644.05
3.2.1 Replacement Of Vehicle Indications Ball Or Arrow $ 125.00
3.2.2 Replacement Of Pedestrian Head Head $
3.2.3 Installation Of Reflectorized Street Name Sigr Sign $
3.2.4 3 Section $
5 Section $
3.2.5 Installing Visor Per Visor
Installing Backing Plate Per Plate
Installing Regulatory Sign On Mast Arm Per Sign
3.2.8 Installation Of Replacement Pedestrian Button Per Button Trouble Shooting Various Electrical Issues Per Hour 135.00 Five-Year Preventative Maintenance Per Intersection 10,047.39 Section Description Unit Price
3.4 Flat Rate* Lighting Repair and Maintenance Month $ 29,965.89
3.5.1. Night Survey Inspection Shift $ 2,500.00
Option A (per location) Option B
Section Item Description
(28 intersections)
3.3.2. Instal new red and green vehicle indications $ 2,750.00 = 77,000.00
3.3.3. Paint signal heads, visors, backing plates and mounting framework. $ 5,500.00$ 154,000.00
3.3.4. Install new batteries in battery backup device $ 255.00$ 7,140.00 Option A Option B
Item Description (1 Pole Install Each) (Set of 4 Pole Installation)
3.5.2. Replacement of street light foundation 23,000.00 s 63.000.00
3.5.3. Replacement of street light pole 6,200.00 s 9,999.00 Item # Item Description Unit Straight Time I overtime: 1 Premium Time / Holiday .2
Superintendent/Supervisor THR $ 142.00 $ 194.00 $ 245.00 Signal Maintenance Technician - Lead HR $ 142.00 $ 194.00 $ 245.00 Signal Maintenance Technician THR $ 135.00 $ 182.00 225.00 Service Laborer THR $ 108.00 s 143.00 $ 178.00
Safety Light Technician HR 135.00 $ 182.00 $ 225.00
Crane / Backhoe Operator THR 142.00 $ 194.00 $ 245.00
Item # Item Description Unit Straight Time Overtime Holiday Time
2.1 Pick-up Truck HR 28.50 $ 28.50 s 28.50
2.2 Service Utility Truck IHR 40.00 $ 40.00 $ 40.00
2.3 Bucket Truck THR $ 40.00 $ 40.00 $ 40.00
2.4 Crane Truck THR $ 199.00 s 199.00 $ 199.00
2.5 Jack Hammer/Compressor THR $ 25.00 $ 25.00 $ 25.00
2.6 Arrow Board THR $ 25.00 s 25.00 $ 25.00
Estimated Usage S 1,908.234.00
15% Contingency S 286.235.10
Total NTE Amount s 2,194,469.10