HomeMy WebLinkAbout11/01/2011, C3 - SIGNAL AND LIGHTING MAINTENANCE REQUEST FOR PROPOSALS C �J
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CITY O F SAN LUIS O B I S P O
FROM: Jay D. Walter, Director of Public Works
Prepared By: Barbara Lynch, Deputy Director of Public Works,
SUBJECT: SIGNAL AND LIGHTING MAINTENANCE REQUEST FOR PROPOSALS
RECOMMENDATIONS
1. Approve the Request for Proposals for Signal and Lighting Maintenance services
2. Authorize staff to advertise for proposals
3. Authorize the City Manager to award a contract for on-call services
DISCUSSION
Background
The Traffic Signals and Lights operating program in Public Works is responsible to maintain 67
signalized intersections and 2,230 street lights with two signal technician positions. The industry
standard for maintenance staff to signal ratio ranges from approximately 1:17 to 1:27 depending on.
the complexity of the signal system. The City's current budgeted staff ratio is greater than the
industry standard ratio at 1:32. The program receives approximately 120 traffic signal service
requests annually and about 300 requests for street light service in addition to its normal
preventative maintenance activities. This program is currently operating at half the approved
staffing levels due to an extended employee absence.
In the spring of 2011, a short term contract was-established with a local signal construction firm to
provide emergency backup and assist with needed preventative maintenance through the end of the
calendar year. Since that time, it has become apparent that the return of the staff person is not
imminent and that alternative maintenance support is needed to prevent intersection operation
failures. Staff discussed the possibility of using temporary staff; however, the sophistication of the
City's signal system does not lend itself to maintenance by a regularly trained electrician, rather
specialized knowledge is needed.
Staff used a temporary agreement with a local contractor which has proven effective in providing
support during the employee absence. Staff is now requesting to formalize that effort through the
Request for Proposal (RFP) process, similar to that used to obtain other maintenance services
including facility janitorial, landscape maintenance, and sidewalk scrubbing. Staff uses this process
to evaluate qualifications of companies interested in providing the work, and balances that with cost
proposals to achieve the best benefit for the City.
Workscope
The two primary work items identified in the RFP cover both routine preventative maintenance
checks as well as emergency response. Preventive maintenance is important for the system because
it identifies operational problems and equipment failures so they can be corrected before they cause
significant problems. This improves performance of the intersection in terms of handling traffic,
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and it reduces liability resulting from equipment failure. The check includes a review of the full
controller and component operation, as well as walking the intersection to ensure all the vehicle and
pedestrian heads are working. Preventive maintenance checks are documented and that assists in
reducing liability for the City in the event of an accident, by showing that operations and equipment
are reviewed regularly. The remaining technician is responding primarily to problem calls, leaving
little time for preventive maintenance.
The other element of the RFP is emergency response. Emergency response is needed for major
signal malfunctions or collisions that damage or knock down equipment. Immediate response is still
provided by standby staff to provide some perimeter control of unsafe areas. However, it is possible
to have exposed wiring or other hazards which need prompt attention for safety reasons. Traffic
management needs would dictate restoration of the intersection as soon as possible. There are times
when the signal technician is unavailable, the size of the restoration project is significant, or there
are multiple incidents. Even with two technicians working, having an on-call service contract to
assist with major events will be valuable, and staff anticipates maintaining an on-call service in the
future for assistance with emergencies.
Timeline
The issuance of the RFP at this time will allow a contract to be awarded in December, with
maintenance work to start by January.
FISCAL IMPACT
Staff's interim experience with on-call services indicates that preventive maintenance costs with
a contractor are approximately$10,000 per month. At this time, savings in the current (2011-12)
fiscal year resulting from the absence of the signal technician are anticipated to be $33,000, with
approximately $10,000 spent to date for assistance. There remains funding forabout two months
of assistance with routine maintenance activities with this year's salary savings.
At the end of two months, staff will re-evaluate the work anticipated to be accomplished by the
contractor within the available budget, and make a recommendation to the Public Works Director
to cease regular maintenance supplemental work when funding runs out or request additional
funding for further maintenance efforts. If additional funding is needed, staff will determine the
best options for funding and, if necessary, submit a request to the Council for a short term
funding augmentation from the General Fund until such time as the absence is resolved.
Emergency work will continue to be managed separately from preventive maintenance as it is
needed.
ALTERNATIVE
Deny authorization of RFP. The City Council could choose not advertise and establish an on-
call service contract for signal and lighting maintenance. Staff does not recommend this option
as signal maintenance, both preventative and emergency on-call, are critical to the City's signal
and traffic management programs. Same-day response times are considered appropriate for
emergency repairs. Response times have been as long as two to three days due to the current
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staffing shortage. Outages and delays in services can have significant impacts on traffic city-
wide.
ATTACHMENT
Request for Proposals for Traffic Signal and Lighting Maintenance Services
\\chstore4\Team\Council Agenda Reports\Public Works CAR\2201 l\Sereets-Lights\Sig Maint RFP\Rpt Signal RFP.docz
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city of San tuts OBlspo
919 Palm Street•San Luis Obispo • CA• 93401
Notice Requesting Proposals for
Traffic Signal and Lighting Maintenance Services
Specification No. 50330-2012
The City of San Luis Obispo is requesting sealed proposals for Traffic Signal and Street Lighting system
maintenance services pursuant to Specification No. 50330-2012. All proposals must be received by the Public
Works Department at 919 Palm Street, San Luis Obispo, CA 93401 by 3:00 P.M. on December 1, 2011.
Proposals received after said time will not be considered. To guard against premature opening, each proposal
shall be submitted to the Public Works Department in a sealed envelope plainly marked with the proposal title,
specification number, Proposer name, and time and date of the proposal opening. Proposals shall be submitted
using the forms provided in the specification package.
Obtaining a Specification Package
■ Download from the City's Web site www.slocity.org -Bids&Proposals page
■ Pick up a copy of the RFP at the above address
■ Mail a request to the City of San Luis Obispo Public Works Department at the above address
■ Fax a request to the City of San Luis Obispo at 805-781-7537—include company name, street address, phone,
fax, email and the name of the contact person.
Requests must.include the RFP title and specification number.
A list of companies that have requested a copy of the proposal is maintained on the web page.
Contract Detail Information
Project detail information may be obtained by contacting Gary Keavney at(805)781-7043.
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C" ATTACHMENT
Specification No. 50330-2012
TABLE OF CONTENTS
DESCRIPTIONOF WORK...........................................................................................................................................3
GENERAL TERMS AND CONDITIONS......................................................................................................................4
PROPOSALREQUIREMENTS............................................................................................................................4
CONTRACT AWARD AND EXECUTION.............................................................................................................4
PROPOSAL CONTENT AND SELECTION PROCESS..............................................................................................6
PROPOSALCONTENT........................................................................................................................................6
PROPOSAL EVALUATION AND PROPOSER SELECTION...............................................................................6
FORMOF AGREEMENT.............................................................................................................................................8
SCOPEOF WORK.....................................................................................................................................................14
DETAILED DESCRIPTION OF WORK...............................................................................................................14
PROPOSAL SUBMITTAL FORMS............................................................................................................................15
ACKNOWLEDGEMENT......................................................................................................................................15
............................................................................................................................................................................15
INSURANCECERTIFICATE..............................................................................................................................15
REFERENCES....................................................................................................................................................16
CONTRACTCOST PROPOSAL................................................................................................................................18
INSURANCE REQUIREMENTS: Operation and Maintenance Services..............................................................19
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Section A
DESCRIPTION OF WORK
Background:
The City currently maintains 67 signalized intersections and 2,230 street lights. The City's system includes live
video streaming from most signals to central control using radio antenna systems, a Quicknet signal management
system with real time surveillance, signal condition, and timing data-time of day plan remote operation, Polara
audio pedestrian system, video detection, emergency vehicle preemption, and other standard signal operational
equipment. The street lighting system includes StreetSmart remote sensing equipment.
The City is currently understaffed and is requesting proposals from qualified companies to complete routine
maintenance activities and emergency response assistance.
General Description of Work:
The Contractor is expected to take the place of permanent staff, performing maintenance and generally
representing the City at designated sites.
The work will primarily be completion of routine signal cabinet preventive maintenance checks, including camera
and vehicle lens cleaning and intersection walk down for head operation verification. Additionally, the City may
need assistance in the event of an emergency such as a knock down or other event which damages a portion of
the system. Preventive maintenance work is outlined in detail in Agreement Exhibit A, "Scope of Work" of this
specification.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Proposer) shall meet all
of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its
proposal submittal, the Proposer acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis
Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the
proposal should be clearly labeled with the proposal title, specification number, name of Proposer, and date
and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Proposer's insurance coverage during
proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until contract
award. The City's insurance requirements are detailed in Section F. i.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFP package.
5. Proposal Withdrawal and Opening. A Proposer may withdraw its proposal,without prejudice prior to the time
specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal, in
which event the proposal will be returned to the Proposer unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All
proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at
the opening of the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub-proposal to a Proposer submitting a
proposal, or who has quoted prices on materials to such Proposer, is not thereby disqualified from submitting a
sub-proposal or from quoting prices to other Proposers submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any
such oral communication shall not be binding on the City.
8. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non substantial irregularities in any
proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to
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the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in
Section C of these specifications for proposal evaluation and contract award criteria.
10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence
and responsibility, professionally and/or financially, of Proposers. Proposers will provide, in a timely manner, all
information that the City deems necessary to make such a decision.
11. Labor Actions. In the event that the successful proposing firm is experiencing a labor action at the time of
contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the
right to declare said proposing firm is no longer the best proposing firm and to accept the next best proposal
from a proposing firm that is not experiencing a labor action, and to declare it to be the best proposing firm.
12. Contract Requirement. The Proposer to whom award is made shall execute a written contract with the City
within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its
proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications.
13. Insurance Requirements. The Proposer shall provide proof of insurance in the form, coverage's and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Proposer must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805)781-7134.
15. Failure to Accept Contract. The following will occur if the Proposer to whom the award is made fails to enter
into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special
terms and conditions if a Proposer's bond or security is required; and an award may be made to the next
highest ranked Proposer with whom a responsible compensation is negotiated, who shall fulfill every stipulation
as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c: References
d. Labor, Equipment&Material Markup and any minimum charges proposed—in separate sealed envelope
2. Qualifications
a. Experience of your fine and staff in performing similar services
b. All certifications and licenses possessed by current staff
c. Statement and explanation of any instances where your firm has been removed from a contract or
disqualified from proposing on a contract
3. Work Program
a. Description of your approach to assisting the City in maintenance and emergency work
b. Any services anticipated to be provided by the City
c. Any other information that would assist us in making this contract award decision
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to conveying information are encouraged.
b. 3 copies of the proposal must be submitted.
PROPOSAL EVALUATION AND PROPOSER SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
5. Written Proposal Review/Finalist Candidate Selection
Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness,
qualifications and understanding of the Proposer relative to these specification requirements. Where a
proposal is rated consistently higher than others, that Proposer may be selected as the top ranked Proposer for
purposes of contract negotiation. Alternatively, a group of finalist candidates (generally the top 2 to 3
proposers) may be requested to submit additional clarifying information, before the final top ranked Proposer is
determined.
6. Proposer Selection and Compensation
After selecting the best proposing firm, the review committee will open all the submitted price proposals. If the
price proposal for the best proposing firms is within the range of acceptable prices, the review committee will
recommend that a contract be awarded to that firm. If the price proposal is not within the range of acceptable
prices, the review committee will negotiate with the best proposing firms to establish an acceptable price. If
negotiations are unsuccessful, the review committee will repeat the process with the next best proposing firm
until an acceptable price can be established and the review committee can recommend that a contract be
awarded.
Contract award may be to one or more than one firm, and will be based on a combination of factors that
represent the best overall value for completing the workscope as determined by the City, including: the written
proposal criteria described above; results of background and reference checks; and proposed compensation.
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7. Proposal.Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
IssueRFP............................................................ November 5
Receive proposals............................................... December 1
Complete proposal evaluation............................. December 8
Award contract...................................................December 21
Execute contract................................................ December 30
Start work......................................................January 1, 2012
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR'S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
WITNESSETH
WHEREAS, on November 5, 2011, the City requested proposals for Traffic Signal Maintenance Services
per Specification No. 50330-2012.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained,the parties hereto agree as follows:
1. Term. The term of this Agreement shall be from January 1, 2012 to December 31, 2014 or until termination of
the contract in accordance with this agreement.
2. Contract Extension. The term of the contract may be extended by mutual consent for an additional 2 years.
3. Cost Adjustments. During the term of the agreement, beginning July 1, 2012, contract prices shall be
increased by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban
Consumers(CPI-U)from March in the previous year to March in the year of adjustment.
4. Ability to Perform. The Contractor warrants that it possesses all capital and other equipment, labor, materials,
and licenses necessary to cavy out and complete the work hereunder in compliance with any and all applicable
federal, state, county, city, and special district laws, ordinances, and regulations.
The Contractor's employees shall be competent and qualified to perform the specified work and shall perform
the specified work in an orderly manner. If the City's representative advises the Contractor that an employee is
incompetent, unqualified, or disorderly, the Contractor shall remove that employee from the specified work for
the duration of the contract. The Contractor shall not bring to the specified work locations any pets, children, or
persons not employed under the contract.
5. Contractor Identification. All staff employed in the work shall wear a shirt or jacket clearly identifying the
Contractor's company.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City.
7. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City.
8. Scope of Work and Levels of Service. The Contractor shall furnish services for Traffic Signal and Street
Lighting systems as specified in Exhibit A.
The City may periodically request additional unspecified work, such as emergency response to knock downs.
For this work, the City shall pay the Contractor an amount equal to the employee hours used multiplied by the
accepted labor rate, equipment and material costs as shown in Exhibit B.
9. Work Hours. The Contractor shall perform the preventive maintenance work on weekdays (Monday through
Friday) between the hours of 7:00 a.m. and 5:00 p.m. The Contractor shall not perform any of the specified
work outside of these work hours without the previous written consent from the City's Contract Manager.
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10. Emergency Response Time. The Contractor shall be available to provide an initial response to emergency
calls within 60 minutes of receiving the call from the contract manager or his authorized designee. The
Contractor shall secure the area initially and work with the contract manager to develop the workscope for
repairs.
11. Traffic Control. The Contractor shall furnish all traffic control delineation required in order to perform the
specified work. Traffic control delineation shall comply with all local, state, and federal regulations. The
Contractor shall not close street lanes without the City's previous written consent.
12. Work Schedule. At the beginning of each month the Contractor shall submit to the City a proposed schedule
showing the sites and tasks to be completed during the upcoming month.
When submitting an invoice for work completed during a month, the Contractor shall include with the invoice a
copy of the schedule showing the actual dates when work was completed. Failure to provide an adequate
schedule will result in a forfeiture of 10%of the total monthly payment due.
13. Materials. The Contractor shall not use any material for the specified work without the City's prior written
approval of that material. If requested, the Contractor shall furnish to the City without charge samples of
materials for examination.
14. Inspection and Corrections. The Contractor shall furnish the City with every reasonable opportunity for City
to ascertain that the services of the Contractor are being performed in accordance with the requirements and
intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's
inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to
fulfill its contract requirements. The City Contract Manager shall be sole judge of the adequacy of the
Contractor's maintenance.
The Contractor shall make itself available to the City's Contract Manager at least once a month to inspect
locations where work was scheduled for completion that month. The City's Contract Manager will periodically
inspect work locations and document any deficiencies in writing. Any deficiencies will be reported to the
- Contractor before the end of the third week of the month for correction.
If the Contractor does not correct a documented deficiency by the end of the month, it shall forfeit 50 percent of
the cost of the work performed where the deficiency occurred. If the deficiency is not corrected within the next
month, 100 percent of the of the cost of the work where the deficiency occurred will be forfeited. The City will
deduct such forfeiture from its next payment.
15. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding
by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure
to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to
perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
offset from such payment representing the City's damages from such breach. "Reasonable value" includes
fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by
the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work,
services or goods performed or provided by the Contractor shall be based solely on the City's assessment of
the value of the work completed.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the work,
as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In
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no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its
proposal.
If, at any time during the term of the contract, the City determines that continued maintenance is not feasible
due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract.
Contractor will be paid compensation due and payable to the date of termination.
16. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Contractor and sub-contractors shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for three years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
Copies shall be furnished if requested.
17. Release of Reports and Information. The Contractor shall not issue any news release or public relations
item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City's written permission.
18. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities
as part of the work or services under these specifications, the Contractor shall provide such additional copies
as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the
Contractors direct expense.
19. Conflict of Interest. The Contractor shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Contractor shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow.
The Contractor covenants that it presently has no interest,and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Contractor further covenants that, in the performance of this work, no sub-Contractor or person having such an
interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in
performing this worts is an officer or employee of the City. It is hereby expressly agreed that, in the
performance of the work hereunder, the Contractor shall at all times be deemed an independent Contractor and
not an agent or employee of the City.
20. Rebates, Kickbacks or Other Unlawful Consideration. The Contractor warrants that this contract was not
obtained or secured through rebates; kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
21. Covenant Against Contingent Fees. The Contractor warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
22. Compliance with Laws and Wage Rates. The Contractor shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work.
23. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is
required to pay.
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24. Permits, Licenses, and Insurance. The Contractor shall procure and maintain current, all permits, licenses,
and specified insurance, and pay all charges and fees, and file all notices as they pertain to the completion of
the Contractor's work. The contractor shall have and maintain the following valid State of California Licenses,
C-XX Contractors License.
25. Indemnification for Professional Liability. To the fullest extent permitted by law, the Contractor shall
indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and'
agents (`Indemnified Parties') from and against any and all losses, liabilities, damages, costs and
expenses, including attorney's fees and cost which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
26. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
27. Public and Employee Safety. .Whenever the Contractor's operations create a condition hazardous to the
public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such
fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures
as are necessary to prevent accidents or damage or injury to the public and employees.
28. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be
replaced or restored to a condition as good as when the Contractor began work.
29. Security of Work Locations. For work locations secured by locks, the City shall provide the Contractor with
the required keys. The Contractor shall properly secure these locations when specified work is completed and
shall replace or repair City property lost or damaged when locks are not properly set.
30. Immigration Act of 1986. The Contractor warrants on behalf of itself and all sub-Contractors engaged for the
performance of this work that only persons authorized to work in the United States pursuant to the Immigration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
. hereunder.
31. Contractor Non-Discrimination. In the award of subcontracts or in performance of this work, the Contractor
agrees that it will not engage in, nor permit such sub-Contractors as it may employ, to engage in discrimination
in employment of persons on any basis prohibited by State or Federal law.
32. Accuracy of Specifications. The specifications for this contract are believed by the City to be accurate and
to contain no affirmative misrepresentation or any concealment of fact. In preparing its proposal, the Contractor
and all sub-Contractors named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been ascertained by
examining the sites. Although the effect of ambiguities or defects in the specifications will be as determined by
law, any patent ambiguity or defect shall give rise to a duty of Contractor to inquire prior to proposal submittal.
Failure to so inquire shall cause any such ambiguity or defect to be construed against the Contractor. An
ambiguity or defect shall be considered patent if it is of such a nature that the Contractor, assuming reasonable
skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect.
Furthermore, failure of the Contractor to notify City in writing of specification defects or ambiguities prior to
proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the
proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable for
costs incurred by the successful Contractor to achieve the project's objective or standard beyond the amounts
provided therefore in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, Contractor shall immediately notify the City in
writing, and the Contractor shall continue to perform, irrespective of whether or not the ambiguity or defect is
major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional
compensation has been granted by City. Failure to provide the hereinbefore described written notice within one
(1)working day of Contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver
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of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the
dispute.
33. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from.
other Contractors during the contract term.
34. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, itemized by location and work
type. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-Contractor
invoices, similarly broken down, as supporting detail.
35. Payment. For providing services as specified in this Agreement, City will pay and Contractor shall receive
therefore compensation for individual site work in accordance with the prices included in Exhibit B.
36. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City with the name of the contract,
the contract specification number. The invoice shall be itemized by site/location and accompanied by required
reporting documents.
37. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice, monthly
reporting and acceptance by the City of the materials, supplies, equipment or services provided by the
Contractor(Net 30).
38. Resolution of Disputes. Any dispute, other than audit, conceming a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City Contract
Manager and the City Director of Public Works, who may consider written or verbal information submitted by
the Contractor. Not later than thirty days after receipt of a written decision on any dispute by the City's Contract
Manager, the Contractor may request review by the City Council of unresolved claims or disputes, other than
audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute conceming a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City's Chief Fiscal Officer. Not later than 30 days after issuance of the
final audit report, the Contractor may request a review by the City's Chief Fiscal Officer of unresolved audit
issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the Contractor from full and
timely performance in accordance with the terms of this contract.
39. Agreement Parties.
City: Gary Keavney Contractor: X
City of San Luis Obispo
25 Prado Road
San Luis Obispo, CA 93401
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
40. Incorporation by Reference. City Request for Proposal Specification No. 50330-2012 and Contractor's
proposal dated X, are hereby incorporated in and made a part of this Agreement.
41. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the City Engineer. If, at any time during the project, the Contractor
is directed to do work by persons other than the City Contract Manager and the Contractor believes that the
work is outside of the scope of the original contract, the Contractor shall inform the Contract Manager
immediately. If the Contract Manager and Contractor both agree that the work is outside of the workscope and
is necessary to the successful completion of the work, then a fee will be established for such work based on
Contractor's hourly billing rates or a lump sum price agreed upon between the City and the Contractor. Any
extra work performed by Contractor without prior written approval from the City Contract Manager shall be at
Contractor's own expense.
42. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
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understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto. For and in consideration.of.the payments and agreements hereinbefore mentioned to be made.and
performed by City, Contractor agrees with City to do everything required by this Agreement, the said
specification and incorporated documents.
Authority to Execute Agreement. Both City and Contractor do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO: CONTRACTOR:
Katie Lichtig, City Manager By:
APP D AS TO FORM:
V�
Christine Dietrick, City Attorney
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Exhibit A to Agreement
SCOPE OF WORK
DETAILED DESCRIPTION OF WORK
Signal Maintenance:
Camera lens cleaning
Vehicle&pedestrian head lens cleaning
Intersection operational observation
Conflict monitor testing
Street Light Maintenance:
Replace photocells, lamps, and ballasts
Emergency Response:
Electrical disconnection—secure the intersection
Install new foundation and/or pole and heads
Replace/rewire system components
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
■ Has carefully examined Specification No. 50330-2012
• Is thoroughly familiar with its content
■ Is authorized to represent the proposing firm; and
■ Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email: Fax: Phone:
Signature of Authorized Representative: Date:
INSURANCE CERTIFICATE
Insurance Company's A.M. Best Rating
❑ Certificate of insurance attached
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name:
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone&Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Reference No. 2
Customer Name
Contact Individual
Telephone&Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
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Reference No.3
Customer Name
Contact Individual
Telephone&Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
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Exhibit B to Agreement
CONTRACT COST PROPOSAL
The Cost Proposal should be separated from the remainder of the proposal and submitted in a separate
sealed envelope.
Unit Figure
Traffic Signal Technician—Regular Time($/hr)
Traffic Signal Technician—Overtime($/hr)
Aerial Lift Truck($/hr)
Pickup Truck($/hr)
Material Mark-up(%)
Minimum charge for emergency response (hrs)
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Section F
INSURANCE REQUIREMENTS: Operation and Maintenance Services
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property that may arise from or in connection with the performance of the work hereunder
by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain,the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insured's as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor, premises owned, occupied or used by the Contractor; or
automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officers, official, employees, agents or
volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
3. 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 insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required
coverage. Original endorsements effecting general liability and automobile liability coverage are also required by
this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf. All endorsements are to be received and approved by the City before work commences.
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Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of
the requirements stated herein.
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