ON-CALL MAINTENANCE AND REPAIR SERVICES AGREEMENT
[On-Call Traffic Signal Services: Loop Detector Installation and Replacement; SP-4272 (Bid No. 23-24.16)]
THIS MAINTENA NCE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ________________, 2023 by and between the CITY OF ORANGE, a mun icipal corporation (“City”) and SMITHSON ELECTRIC, INC., a California corporation (“Contractor”), who agree as follows.
1. Services. Subject to the terms and conditions set forth in this Agreement and on an on-call basis, as further described herein, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A ,” which is attached hereto and incorporated herein by this reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully under stands the difficulti es and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
Jimmy Rocha, Traffic Operations Superintendent (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.
2. Total Compensation, Annual Compensation and Fee Schedule.
a. It is understood that services described in the Scope of Work will be provided on an on -call and as -needed basis, determined at the sole discretion of the City. City neither warrants nor guarantees any minimum or maximum compensation paid to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement.
However, Contractor’s total compensation for all services that may be performed under this Agreement, during the Initial Term, as defined in Section 2.1.a , shall not exceed SIXTY THOUSAND DOLLARS and 00/100 ($60,000.00) without the prior written authorization of the City.
b. The compensation for services performed under this Agreement shall be paid for hourly costs, time and materials, or per unit price as specified in Exhibit “B.”
c. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and all related expenses.
2 2.1. Term and Extension(s).
a. The Initial Term of this Agreement is two (2) years (the “Initial Term”), commencing November 28, 2023, and expiring on November 27, 2025 (the “Expiration Date”); provided, however, that City has the right to extend the term of this Agreement for the following extensions and upon the following terms:
(1) First Extension (the “First Extension Term”) commencing November 28, 2025 , and terminating November 27, 2026, shall be an additional amount not to exceed THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) to be added to the Agreement, for a total compensation of NINETY THOUSAND DOLLARS and 00/100 ($90,000.00) without the prior written authorization of City;
(2) Second Extension (the “Second Extension Term”) commencing November 28, 2026 , and terminating November 27, 2027 , shall be an additional amount not to exceed THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) to be added to the Agreement, for a total compensation of ONE HUNDRED TWENTY THOUSAND DOLLARS and 00/100 ($120,000.00) without the prior written authorization of City;
(3) Third Extension (the “Third Extension Term”) commencing November 28, 2027 , and terminating November 27, 2028 , shall be an additional amount not to exceed THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) to be added to the Agreement, for a total compensation of ONE HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($150,000.00) without the prior written authorization of City.
b. The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise each Extension Term (if at all) no later than thirty (30) days prior to the Expiration Date of the then -current te rm; provided, however, that City’s notice of its intention to extend the term of this Agreement for each Extension Term shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension Term as part of its annual budget approval process prior to the beginning of each Extension Term. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Agreement no later than thirty (30) days prior to the Expiration Date of the then -current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension Term in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension Term, this Agreement shall terminate and be of no further force and effect as of the expiration of the then-current term. Notwithstanding anything in this provision to the contrary, in the event City gives Contractor written notice exercising an Extension Term and City receives notice that appropriation of funds for the Extension Term in question are not available after Contractor has performed services under the Extension Term, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension Term through the date of termination of the Agreement. Except as specifically set forth herein, the terms and conditions of each Extension Term will be the same as the Initial Term.
3 c. Any Extension Term, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agreement refl ecting the exercise of each Extension Term and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension Term.
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any authorized extra work performed.
c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, and adjustment of the compensation to be paid by City to Contractor.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.
6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreem ent. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equi pment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited 4 to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent . Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons. Except as otherwise authorized by City’s Project Manager, only the employees of Contractor shall perform work provided for under this Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or designee.
10. Term. The term of this Agreement shall be for two (2) years, commencing on November 28, 2023, and ending on November 27, 2025.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Reserved.
14. Products of Contractor . The documents, studies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in 5 conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all cl aims under worker s’ compensation acts and other employee benefit acts with respect to Contractor’s employees or subcontractor’s employees arising out of Contractor’s work under this Agreement , including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreeme nt, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgmen t that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b. Reserved.
6 c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) Two Million Dollars ($ 2,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contract or under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.
f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
7 g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.
i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.
j. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
8 21. Compliance with Laws/Background.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.
b. The work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers and shall comply with all statutory requirements thereunder. Statutory provisions for penalties for failure to comply with prevailing wage laws will be enforced. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR).
Additionally, to perform work under this Agreement, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department o f Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
9 e. Contractor shall require all subcontractors to make the same representations and warranties as set forth herein.
f. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.
g. All personnel performing any services to City under this Agreement shall possess sufficient experience and security records to perform the work at public facilities.
Contractor shall conduct and complete, to City’s satisfaction, sufficient background checks to ensure no personnel performing services under this Agreement is listed on the National Sex Offender Public Registry (“NSOPR”). Contractor shall monitor personnel security records to ensure no existing or new employees performing services under this Agreement are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety.
h. All costs associated with the documentation and verification required herein shall be borne by Contractor. Contractor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Agreement. City has the right, in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services for City, with or without cause, at the time of such assignment or at any time thereafter, and Contractor shall remove that employee from providing services to City to the extent permitted by law and any applicable collective bargaining agreement. City’s rights under this Article shall not be exercised in an arbitrary or capricious manner, or with the intent of forcing a termination of this Agreement.
i. Contractor agrees to indemnify and hold City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any wo rk performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.
24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or 10 within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Smithson Electric, Inc. City of Orange
1938 E Katella Avenue 300 E. Chapman Avenue
Orange, CA 92867-5109 Orange, CA 92866-1591
Attn.: Chris Zell Attn.: Larry Tay
Telephone: (714) 681-3144 Telephone: (714) 744-5534 E-Mail: [email protected] E-Mail: [email protected]
25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page]
11 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
SMITHSON ELECTRIC, INC., CITY OF ORANGE, a municipal corporation a California corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Melissa M Crosthwaite
Senior Assistant City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
√
12 EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
ORANGE CIVIC CENTER · 300 E · CHAPMAN AVENUE · ORANGE, CA 92866
REQUEST FOR PROPOSAL
for
ON-CALL TRAFFIC SIGNAL SERVICES: LOOP
DETECTOR INSTALLATION AND REPLACEMENT
RFP 23-24.16
Request for Clarifications Due: October 26, 2023 by 2:00 p.m.
Proposals Due: November 2, 2023 by 2:00 p.m.
Table of Contents
REQUEST FOR PROPOSAL FOR ON-CALL TRAFFIC SIGNAL SERVICES: LOOP DETECTOR INSTALLATION AND REPLACEMENT ............................................................................................... 1 INTRODUCTION ............................................................................................................................. 1 SCOPE OF WORK............................................................................................................................ 1 RESPONSIBILITIES OF THE CONTRACTOR ................................................................................ 2 PROPOSAL SUBMITTAL ...................................................................................................................... 4 PROPOSAL SCHEDULE OF EVENTS ............................................................................................ 4 REQUEST FOR CLARIFICATIONS ................................................................................................ 4 MAIN PROPOSAL REQUIREMENTS ............................................................................................. 4 FEE PROPOSAL REQUIREMENTS ................................................................................................ 5 PROPOSAL PREPARATION EXPENSES........................................................................................ 6 CITY’S RESERVATION OF RIGHTS .............................................................................................. 6 COMPENSATION ............................................................................................................................ 6 PROPOSAL SUBMITTAL INSTRUCTIONS ................................................................................... 7 SELECTION CRITERIA ......................................................................................................................... 8 PROPOSAL EVALUATION ............................................................................................................. 8 SELECTION PROCEDURE.............................................................................................................. 9 GENERAL INFORMATION............................................................................................................. 9 AWARD OF AGREEMENT ............................................................................................................. 9 IMPLEMENTATION ........................................................................................................................ 9
ATTACHMENTS
Attachment A: Insurance Checklist
Attachment B: Special Provisions
Attachment C: Referenced Standard Details
Attachment D: Sample Agreement
Attachment E: Fee Proposal Documents
Non-Collusion Affidavit ........................................................................................................ P-1 Nonlobbying Certification ...................................................................................................... P-2 Nondiscrimination Certification ............................................................................................. P-3 Contractor’s Licensing and Registration Statement ................................................................. P-5 Prevailing Wage Compliance and Monitoring Statement......................................................... P-6 Ownership Affidavit .............................................................................................................. P-7 List of Subcontractors ............................................................................................................ P-8 References ............................................................................................................................. P-9 Apprenticeship Requirement Statement ................................................................................. P-11 “Anti-Kickback” Requirement Statement .............................................................................. P-12 Public Contract Code Questionnaires..................................................................................... P-13 Proposers Certification and Proposal Item Pricing “Fee Proposal” ......................................... P-14
On-Call Traffic Signal Services: Loop Detector Installation and Replacement
REQUEST FOR PROPOSAL FOR
ON-CALL TRAFFIC SIGNAL SERVICES: LOOP DETECTOR
INSTALLATION AND REPLACEMENT
INTRODUCTION
The City of Orange is requesting proposals from qualified electrical contractors for traffic signal vehicle detection repair services on an on-call/ as-needed basis for a period of two (2) years, with the option for the City to grant up to three (3) one (1)-year renewals.
The City of Orange maintains a total of 157 traffic signals; of these, 14 intersections rely on video detection, 19 intersections have a combination of vehicle detection and advance loop detection, and the remaining 124 solely utilize loop detection. The City is looking for responsive and responsible contractors that will be committed to providing the best level of service in installing traffic signal inductive loop detectors and associated tasks.
Prospective contractors are requested to read all sections of this proposal carefully. Proposers should note critical items such as minimum requirements, scope of services, proposal submittal dates and formats, and submittal instructions. Only the Request for Proposal document (RFP) received directly from the City shall be considered official, as the City must track RFP holders in the event an addendum is issued.
Prospective contractors may email Elizabeth Aragonez, [email protected], Administrative Assistant at the City of Orange, requesting to be added to the Proposer List. Any addendum issued will be provided to prospective contractors on the Proposer List.
SCOPE OF WORK
1) Scope of Work
The scope of work generally consists of on-call traffic signal inductive loop detector services.
This includes installation of or removal of existing and replacement of traffic signal inductive loop detectors and conduit, testing, and traffic control. Majority of the work is anticipated for field equipment repairs. Scope of work shall include but is not limited to:
Removal of existing traffic signal inductive loop detectors, splicing, procurement/ installation of new Type “E” (presence/ advance) or Type “E” Modified (bicycle presence) loop detectors, and conduit stub out and upgrading as necessary. Testing of loop detectors consistent with Special Provisions Miscellaneous tasks related to traffic signal inductive loop detectors, as directed by City Staff.
The Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and materials to perform all work.
The Contractor may utilize subcontractors and/ or manufacturers with specific expertise to provide the needed services.
Work to be done shall be determined per the attached Fee Proposal rates. 2) Working Hours
The Contractor’s activities shall be confined to the following hours:
Normal working hours are from 7:00 a.m. to 4:00 p.m. for local streets and from 8:30 a.m. to 3:30 p.m. for arterial streets, Monday through Friday, excluding all City observed holidays. No
On-Call Traffic Signal Services: Loop Detector Installation and Replacement work will be permitted outside the specified working hours except under extraordinary circumstances and with prior approval of the City Traffic Engineer.
The Contractor shall not start, operate, move, or work on any equipment prior to 7:00 a.m. 3) City Responsibilities
The City will provide as-built plans and any other material related to the traffic signal inductive loop detectors to facilitate the repair work.
RESPONSIBILITIES OF THE CONTRACTOR
1) Licenses
The Contractor must possess or obtain a valid California Class C-10 Electrical Contractor license prior to the scheduled award date of this contract.
2) Service Personnel
The Contractor shall provide qualified service personnel or subcontractor to replace and install traffic signal loop detectors as described. Personnel shall have at least one (1) year of experience replacing and installing traffic signal loop detectors.
The Contractor shall include the personnel’s qualifications in the proposal. The City will notify the Contractor in the City’s sole opinion if any personnel proposed are not qualified to work on these systems. Within thirty (30) days after the City makes the determination, the Contractor shall hire qualified subcontractor(s) specialized in the respective scope of work without any additional compensation from the City.
3) Equipment
The Contractor shall have access to a traffic loop saw capable of making circular cuts and shall furnish all necessary tools and equipment necessary to perform the work. 4) DIR Registration
On-call public work tasks completed as part of this RFP and proposal(s) submitted shall be subject to the following: No contractor or subcontractor may be listed on a project for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Any subsequent work that follows from this RFP is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.
5) Prevailing Wage Compliance and Monitoring
Contractor shall be aware of the requirements of the 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 requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as
On-Call Traffic Signal Services: Loop Detector Installation and Replacement defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall be in compliance with the Prevailing Wages and requirements effective the due date of this proposal submittal and shall pay prevailing rates of per diem wages according to state law at all times throughout the term of any future agreement with the City. 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 job 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.
6) Safety Program Requirements
The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State, and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices, and protective equipment and shall take any and all actions appropriate to providing a safe construction site.
The following is also required in addition to being in compliance with the above and related latest editions (unless otherwise noted) of the standard specifications and/ or plans in the City of Orange “Orangebook,” APWA “Greenbook (2018 Edition),” CA MUTCD, CALTRANS Standard Plans and Standard Specifications, CALTRANS Highway Design and Traffic Manuals.
Tuesday, October 31, 2023
City of Orange
300 E Chapman Avenue
Orange, CA 92866
Re: RFP 23-24. 16 On-Call Loop Detector Installation and Replacement
Reducing traffic congestion and facilitating a safe flow of traffic is vital to any city. Because of this, the City of Orange requires working traffic loop detectors. As a project that encompasses every corner of the City of Orange, you require a vendor who can complete traffic loop installation and replacement on-time and within budget for the ongoing safety and comfort of your residents.
With over 30 years of experience in the traffic loop detector industry, Smithson Electric, Inc. brings the necessary experience to ensure the success of this project.
Why Smithson Electric, Inc.
In addition to our 30-plus years of expertise, there are a few key reasons why the City of Orange will benefit from working with Smithson Electric, Inc.
• Local
Smithson Electric, Inc. is headquartered in the City of Orange. Making it easy for us to attend to any installation and/or repair requests in a timely manner. • Experience
Smithson Electric, Inc. has held traffic loop detector maintenance contracts with several local cities and public works departments. From small annual projects to large multi-year projects.
In working with Smithson Electric, Inc., the City of Orange can rest assured that you are receiving a top-quality product/installation from our qualified staff. Our history of completing similar projects both within your city and around Southern California, speaks to our expertise, integrity, and attention to quality. We look forward to supporting the City of Orange in this project.
Chris Zell
Vice President
Smithson Electric, Inc.
Phone: 714.681.3144 | email: [email protected]
SMITHSON ELECTRIC, INC. – PROPSAL FOR RFP 23-24. 16 On-Call Loop Detector Installation and Replacement
Table of Contents
Organizational chart of key staff ........................................................................................................................................... 1 Outline of key staff ................................................................................................................................................................. 1 Project Understanding and Approach ................................................................................................................................... 2 Relevant Experience and Qualifications ................................................................................................................................ 2 Service Availability ................................................................................................................................................................. 2 Appendices ............................................................................................................................................................................ 3 Resumes of Key Staff ........................................................................................................................................................... 3 Fee Proposal Documents .................................................................................................................................................... 7
Smithson Electric, Inc. organizational chart of key staff for above referenced project
Smithson Electric, Inc. Outline of key staff for above referenced project Chris Zell, Vice President
Oversees all field/project operations
Allan Alvaro, General Foreman
Manages all field personnel on project. Attends pre-con meetings with city ofificals and engineers as needed throughout duration of project.
Laurie Johnsen, Contract Administrator
Manages office operations for project. This includes contract administration, insurance compliance, payroll and billing.
Chris Zell
Vice President
Allan Alvaro
General Foreman
Laurie
Johnsen
Contract Administrator
Project Understanding and Approach
Replace all traffic loop detectors that are assigned to be installed or replaced by the City of Orange.
Smithson Electric, Inc.’s approach will be as follows: after receiving traffic loop detector assignment from the City of Orange’s traffic department, we will work with the city to schedule work to be preformed. After completion of assigned work, Smithson Electric, Inc. will notify city of said completion.
Relevant Experience and Qualifications
Smithson Electric, Inc. has held multiple traffic loop detector maintenance contracts with several local cities and public works departments. In addition, we have worked with over 150 contractors and municipalities to install traffic loop detectors. We utilize four (4) 3-4 man crews each day.
Smithson Electric, Inc. specializes in traffic loop detector installation. Over 50% of our field staff have been employed by Smithson Electric, Inc. for over 10 years. As mentioned above, we have worked with numerous public works entities and are confident that we can fulfill the proposed contract with efficient and quality work.
Service Availability
Our turn-around time for assigned traffic loop detector locations will be to complete requests within 2 weeks of the date of request. Depending on schedule availability, emergency request availability will be assessed on an as-needed basis.
13 EXHIBIT “B”
COMPENSATION FOR SERVICES
[Beneath this sheet.]