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CONTRACT 3819 Maintenance and Repair Agreement CLOSED3819. , MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC. THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 6th day of May, 2008, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and REPUBLIC, a California Corporation ( "CONTRACTOR "). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR on a lump sum basis an amount set forth in the attached Exhibit "A," which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from May 7, 2008, to May 7, 2014. The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit A. B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. Page 1 of 8 38 1 9 • . B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from City's Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state -wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. V. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, Page 2 of 8 38 1 9 - . . 44 ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has i. Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth Page 3 of 8 3819•...+ above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to Page 4 of 8 3819•,.,. CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from CONTRACTOR's removal, remediation, response or other plan concerning any Hazardous Waste resulting in the release of any hazardous substance into the environment. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will; notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, Page 5 of 8 3819•,,:1 bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 10. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: Attn: City of El Segundo 350 Main Street El Segundo, CA 90245 To CONTRACTOR: Attn: Wade White Republic Intelligent Transportation Services Inc. 1266 La Loma Circle Anaheim, CA 92806 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 13. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. Page 6 of 8 3819•.;' 14. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 16. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 17. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the El Segundo City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting lead based stabilization. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. Page 7 of 8 3819.,,, IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO a general la ity Jac Wa t, 1K I erim City Manager AT'fEST: Cindy Moi City Clerk 145", / By: Kar erger, Assista City Attorney es A. Wagner Vice President Page 8 of 8 No. �Q 02-40-2- -r 3819. EXHIBIT "A" Scope Furnish and install Caltrans compliant LED traffic signal modules in vehicular signals as shown in the table Remove and recycle existing incandescent lamps, glassware, reflectors and sockets Perform traffic control using MUTCD maintenance procedures This project is priced to reflect installation work during off -peak traffic times to provide the least impact to motoring public Project will be on a per unit cost basis Sales tax included 12" Red Ball 101 $ 70.66 $ 7,136.66 12" Yellow Ball 163 $ 76.82 $ 12,521.66 12" Green Ball 145 $120.39 $ 17,456.55 12" Red Arrow 44 $ 71.50 $ 3,146.00 12" Yellow Arrow 49 $ 71.50 $ 3,503.50 12" Green Arrow 49 $ 88.17 $ 4,320.33 8" Red Ball 55 $ 60.85 $ 3,346.75 8" Yellow Ball 123 $ 66.18 $ 8,140.14 8" Green Ball 104 $ 76.96 $ 8,003.84 16x18 Pedestrian 163 $513.91 $ 83,767.33 Total $151,342.76 MONTHLY ROUTINE MAINTENANCE Visually inspect controller and cabinet for proper operation and current date and time. If in coordination, check modem or communications devices. Check that timing is consistent with timing sheet. Visually inspect all vehicular and pedestrian indications for proper operation and replace outages found. Material and /or labor and equipment for all LED outages still covered under manufacturer or Republic ITS warranty is included, when applicable; otherwise, labor, material and equipment costs will be reimbursed by the agency. Visually inspect and realign signals as required. Check for bent visors and back - plates. Check detector amplifiers and tune if necessary. Check load switches. Check relays. Check operation of the fan. Check operation of BBS if present. Check and actuate each pedestrian push button for proper operation. Visually inspect roadway along loop detectors for possible exposed wires, cracks and potholes. Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with recommendations to the agency by intersection. 3819., 6 - MONTH ROUTINE MAINTENANCE (In addition to monthly) Check controller cabinet filter. Check ground rod clamp and wire. Check wire schematics and records to make sure they are in the cabinet. • Check operation of ground fault receptacle. • Measure voltage at service inputs in cabinet and record. • Visually check integrity of splices. Manually record inspection date and time in controller cabinet and send written • confirmation of 6 -month inspection with recommendations to the agency by intersection. YEARLY ROUTINE MAINTENANCE (In addition to monthly and 6- month) • Test Conflict Monitor. • Vacuum and clean controller cabinet and contents. • Replace cabinet filter. • Check weatherproof gasket seal on controller cabinets. • Check for water accumulation and duct sealant. Lubricate hinges and lock on controller cabinets. Check indicator lamps. Check all connectors. Check detector extensions. Manually record inspection date and time in controller cabinet and send written confirmation of yearly inspection with recommendations to the agency by intersection. 4. REPUBLIC agrees to provide phone service for the receiving of notification of inoperative Traffic Signals including those items requiring emergency repair and service during REPUBLIC'S normal business hours and an answering service for the receiving of notification of inoperative Traffic Signals requiring emergency repairs or service at all times (7 days per week) other than REPUBLIC'S normal business hours, whether such notification originates with THE CITY or a party or person other than THE CITY. 5. REPUBLIC agrees to have service personnel available 24 hours per day to respond to traffic signal and controller trouble calls. Response time will be within two (2) hours during regular business hours and three (3) hours after regular business hours and weekends. In the event of multiple calls, each will be serviced on a priority basis. THE CITY will provide REPUBLIC with a priority list. This priority list will constitute authorization from THE CITY to REPUBLIC to leave an intersection of a non - priority status to respond to a priority intersection. 6. REPUBLIC agrees to provide response service 24 hours per day for repair of the equipment and appurtenances, such as street lighting, safety lighting, street name signs, pedestrian and traffic signals, controllers, flashing beacons and detector devices which REPUBLIC may be called upon from time to time by THE CITY to repair, replace or refurbish. However, it is understood that any work in excess of Two Thousand Five Hundred Dollars ($2,500.00) will not be performed without prior verbal or written approval from THE CITY. 7. Compensation shall be as follows: A. In consideration for furnishing said labor, materials and equipment, pursuant to Paragraph 3, (preventative maintenance), REPUBLIC shall receive from THE 3819•,' CITY the sum of Sixty -six dollars and Eighty -two cents ($66.82) per month for each signalized intersection listed in "Exhibit B ". B. In consideration for furnishing said labor, materials and equipment pursuant to Paragraph 7 (response maintenance), when such repairs are necessitated by obsolescence, failure, accidental damage such as collision, acts of God, vandalism and pavement failure, REPUBLIC shall receive, in addition to the monthly sum specified above, a per call amount based upon the invoice cost of materials plus 20% and its then current labor and equipment rates (Exhibit C). Equipment not listed on "Exhibit C" will be at the current California Department of Transportation equipment rental rates + 15 %. 8. Should REPUBLIC neglect to execute the work properly, or fail to perform any provision of this Agreement, THE CITY, after giving three (3) days written notice to REPUBLIC, may perform such work and deduct the cost thereof from any payment due to REPUBLIC. This provision is in addition to any legal remedies, which THE CITY may otherwise have. 9. Except for the manufacturer's factory warranty, REPUBLIC disclaims all warranties with respect to materials supplied hereunder, REPUBLIC further disclaims any liability for failure to perform, or for the delay in performance hereunder, where the same is due to any cause beyond REPUBLIC'S reasonable control, such as, but not limited to, vandalism, fire, acts of God, or labor strike. 10. Should REPUBLIC default in the performance of its obligation under the terms of this Agreement, and should such default not be corrected by REPUBLIC within 30 days after receiving written notice thereof from THE CITY, this Agreement may be terminated by THE CITY without compensation to REPUBLIC save and except for amounts due under the terms hereunder accrued and unpaid as of the date of termination. 11. The specified compensation will stay in effect for the duration of this contract. REPUBLIC reserves the right to increase its rates at a percentage no greater than the percent increase in the March to March Los Angeles /Riverside /Orange County Area Consumer Price Index (CPI —All Urban Consumers —All Items) as released by the United States Department of Labor on a yearly basis with a maximum CPI increase of 5% per year. In the event the Los Angeles /Riverside /Orange County CPI exceeds 5% for a particular year and if REPUBLIC chooses to incorporate a higher CPI rate, THE CITY will have the option to reopen this Agreement and negotiate with REPUBLIC for the remainder of the Agreement. In the event the Index is less than 0% for a particular year, and upon written request from THE CITY, the contract rates will be adjusted accordingly. O z w z Q z U LL F- 0 W CL N cc Q V N d' O N LLB Q = U) Q Z 0 N Fn a 0 Q Lo Co LO tO M W W Q 2 N N O m Q F = N m 0 X m N Q W 2 J � Q z 0 3819.,,, ©000m© ©G MIM00N0 ©Q �aeeeeeeeee00000 © ©ovv000eoeo ©000e ©ee� 1II0, 1�1 .tI NINI°i °I i .0 l '* I'D Iw1°,i,.tico l,.tILoF ©■© 2 m 75 U% > u > N j (n m C m M: N (n (n U L > j O o Z m N F' V fn (n C 7 N> >Q m O N m� Z O C._ N r-5 L C m N :% O UZD m O O� O� N aOQQ Q N m > m> �QQ C a�— O � d N N�Q W w r N Q m Y m > —> C C m O m EL)Z O N N N (p o O— f --o C Q N'. Qm D E -000Q o > >> y OQQ >> - > co vi co N L w m ym 7m O_Z > > > �Q .% .: Q N — O c in to m u� W' to y > W C W C C Q C C 7j 0 7> > Q > Q > Q > Q m to m t� m Ul N. m m Ui V) (n C7 2 4 V) cn (n (n m U m U m U m U C m U m U N y O Z I o '++ o 0 0 w— 0 N CO N CO m 'C C 'o C 'a C 'O C 'a y y C C C C C . C m m O m L O O M L a. ,m ,m m ,m ,m U) (n U) Uj m m t`0 f`6 C m C m ����ZZZ������w���Z�� m 7 O 7 O ALA m m m f6 m m m m m O O O O m O o .y >2 7 QQQQQW W W W WC7CD D(D 3819 • . -791 EXHIBIT C Labor and Equipment Rates Unit Description Price Maintenance Rate Schedule Traffic Signal Monthl Maintenance $66.82 If V #. Qnhadu /a Engineering Technician $71.82 Engineering Technician - Overtime $100.55 Technician $70.55 -Signal Technician - Overtime $97.47 -Signal Technician $70.55 -Utility Technician - Overtime $97.47 -Utility $70.55 -Signalman Signalman - Overtime $97.47 Lab Technician $30.78 Lab Technician - Overtime $46.17 Laborer $66.69 Laborer - Overtime $91.31 I ...,:.,..,a"i Rn /o Rrhoduh- li Service Truck $18.47 Hydraulic Man Lift (Bucket Under 32') $28.73 Hydraulic Man Lift (Bucket Over 32') $38.99 Compressor w/ Tools $15.39 Concrete Saw / Water Truck I $41.04 1 Un D.da Qnhadu /o LiliY � - 12" Red Ball $70.66 12" Yellow Ball $76.82 12" Green Ball $120.39 12" Red Arrow $71.50 12" Yellow Arrow $71.50 12" Green Arrow $88.17 8" Red Ball $60.85 8" Yellow Ball $66.18 8" Green Ball $76.96 16x18 Pedestrian $513.91 3819. , I Mayor. Fredrick M. Freeman Mayor Pro Tom: Catherine A. Driscoll Council Members: Alice B. Jempso Kenneth C, Parker Marilynn M. Poe City Manager. Lucl Romero SOO 3191 Katella Avenue Los Alamitos, CA 90720 -5600 Telephone: (562) 431 -3538 FAX (562) 493 -1255 www.cl.Los- Alomltos,ca.us November 1, 2006 Ken Harris, So. Calif. Area Manager Republic Electric 1266 N. La Loma Circle Anahelm, CA 92806 -1801 SUBJECT: CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE Dear Mr. Harris: am enclosing an executed original of the above contract for your records. Thank you for your assistance in this matter. Sincerely, CITY OF LOS ALAMI OS Susan C. Vanderpool City Clerk Enclosures cc: Mike Kapanpour, Public Works Director 3 8 7 CITY OF LOS ALAMITOS CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 16'H day of October, 2006, by and between the City of Los Alamitos, a municipal corporation of the State of California, located at 3191 Katella Avenue, Los Alamitos, California 90720, County of Orange, State of California, (hereinafter referred to as "City ") and Republic Electric, with Its principal place of business at 1266 N. La Loma Circle, Anaheim, CA 92806 -1801, (hereinafter referred to as "Contractor "). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" In this Agreement. 2. ReciTALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing tree maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of Califomia,. and that Is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such traffic signal maintenance services throughout the City ( "Project ") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional traffic signal maintenance services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3819•,.; 3.1.2 Term. The term of this Agreement shall be from date of execution to October 31, 2009, with two one -year extensions at the City's option, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Pavment of Subordinates: Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall. perform the Services expeditiously, within the term of this Agreement, and in accordance with the Request for Proposals. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals In a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 _Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Mr. Rob Thompson, or his or her designee, to act as its representative for the performance of this Agreement ( "Contractor's Representative "). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3,2,6 - gordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care: Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub - contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who falls or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the.-Project-by-the- Contractor and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ( "Performance Time "). Contractor shall perform the Services In strict accordance with any completion schedule or Project milestones described In Exhibits 'Wor "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and /or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this 3819 • , .. Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 lnsu rance. 3.2.9.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.9.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance forthe duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers` Compensation and Employer's Liability. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) 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 Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/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; and (3) Workers' Compensation and Employer's Liability., Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.9.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment 3 8 1 9 • . '.~ :1 furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand In an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, Its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the Insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with It in any way. (C) Workers' Compensation and Employees Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that; (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days priorwritten notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, Its directors, officials, officers, employees, agents, and volunteers. 3.2.9.4 Separation of Insureds: No Special Limitations. All Insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 3.2,9.5 Deductibles and Self- Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3819 ., 3.2.9.6 Acceptability of Insurers. Insurance is to be placed with insurers with a currentA.M. Best's rating no less than'A' rating, licensed to do business in California, and satisfactory to the City. 3.2.9.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the .City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurerto bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of ail required insurance policies, at any time. 3.2.9.8 Reporting of Claims. Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.10 Safe . Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall Include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, ces, equipment and wearing trenching and shoring, equipment and other safety devi apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.12 Bonds. 3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. if such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3819.. 0" 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become Insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. in the event the surety or Contractor intends to reduce or cancel any required bond, at leastthirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor falls to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California - admitted surety with a current A.M. Best's rating no less than 'A' rating and satisfactory to the City. if a California - admitted surety insurer issuing bonds does not meet these requirements, the Insurer will be considered qualified 9 it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth t Exhibit as described below, incorporated herein authorized will be compensated sated at the rates and be authorized, manner set forth In this Agreement. 3.32 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 5.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of 3819•,:' this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses Incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, bywritten noticeto Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other Information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Mr. Ken Harris _Southern California Area Manager 1266 N. La Loma Circle Anaheim CA 92806 -1801 CITY: City of Los Alamitos 3191 Katella Avenue Los Alamitos, CA 90720 Attn: Director of Public Works 3819.,,,E Such notice shall be deemed made when personally delivered orwhen mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at Its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation-, Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney's Fees. if either party commences an action agalnstthe other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5,5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or Instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law, This Agreement shall be governed by the laws of the 3819•,..1 State of California. Venue shall be in orange County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves rightto employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction-, References; Captions. Since the Parties ortheir agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days, All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity, Severability. If any portion of this Agreement is declared Invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect 3.5.17 Prohibited Interests. Contractor maintains and warrants that It has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide 10 3819. , .11 employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required understate law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance In accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.8.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF LOS LAMIT By: Fredrick Freeman Mayor REPUBLIC ELECTRIC, INC. By: .._ ORANGEZRDA778 11 (09M MAY 7, 2003) 3819 :a Attest: AA an Vanderpool City Clerk Approved as to Form: By: De erleth City Attorney ORAN(IWRD14778 12 (BBLK: MAY 7, 200]) 38 1 9 • .' EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES The Contractor shall provide the following services in the City of Los Alamitos according to the Proposal dated October 5, 2006: Routine and ordinary traffic signal maintenance fortwenty signals (listed in Appendix "N) in the City of Los Alamitos. The Contractor also shall provide extraordinary and emergency maintenance based on time and material as per fees in the Exhibit °B ". ORANGEIDRDA778 ki (MM MAY 7,1003) EXHIBIT B FEE PROPOSAL Labor and Equipment Rates City of Los Alamitos October 5, 2006 TRAFFIC SIGNALS Intersection Monthly Maintenance LABOR RATES Traffic Signal Electrician Traffic Electrician I Traffic Electrician 11 Traffic Signal Laborer Traffic Signal Apprentice EOU_IPMENT RATES REGULAR TIME $80.00 /Hr' - * $ 75.00 / Fir $58.00 /Hr $ 45.00 / Hr $45.00 /Hr 3819•... $ 70.00 EA OVERTIME $115.00 / Hr $107.50. / Hr $82.00 /Hr $62.50/Hr $ 62.50 / Hr Pickup truck $10.00 / Hr Service truck $10'00 / Hr Water truck $10.00 / Hr Concrete Saw truck $15.00 / Hr Arrow Board $ 5.00 / Hr Bucket Truck $ 24.00 / Hr Mobile Crane $ 75'0 / Hr Other equipment not listed above will be billed at the current California Department of Transportation equipment rates that equal the surcharge rate plus 15X. MAT_._ E_ RAL Cost plus 10% Extraordi_*��+ Maintenance USA mark outs $ 75.00 / location .Loop•Replacement_ _$350.004 loop.5.orless_ Installation of complete new pedestrian And signal heads with walkman / hand indication solid state transformers and Clamshell mounting $ 325.00 3819. EXHIBIT B Painting of a signal head $ 50.00 Painting of a Ped head $ 40.00 Painting of a PPB $ 20.00 Paint Controller Cabinet $ 400.00 Cabinet Testing and Certification $ 950.00 Installation of three section signal $105.00 / Hr Head with backplate abd framework $ 525.00 ENGINEERING SERVICES Principal Engineer $185.00 / I-Ir Senior Engineer $155.00 j Hr Associate Engineer $135.00 / Hr Staff Engineer $120.00 / Hr Senior Engineering Assistant $115.00 / Hr Engineering Assistant $105.00 / Hr CAD Operator $ 75.00 / Hx Clerical $ 75•0 / Hr Reproductions Cost plus 15% Rates are subject to change on January 1st of each year. 3819. it 0 EXHIBIT "C" NOT USED ORANCiMDRDW776 C'1 (BB&K: MAY T, 2007) APPENDIX A SIGNALIZED INTERSECTIONS 3819. The Contractor shall maintain the signal facilities as defined herein at the following locations: No, Location Controller Master Sec. Interconnect 1 2 3 4 5 6 7 Katella Avenue at: City Hall /GTE Entrance Ecnit. ASC12 Walnut Street/Wallingsford Ro; Ecnit. ASC /2 Los Alamitos Boulevard Ecnit. ASC /2 Cherry Street Ecnit. ASC /2 Bloomfield Street Ecnit. ASC /2 Lexington Drive Ecnit. ASC /2 Noel Street Ecnit. ASC /2 TS2 TS2 TS2 6 PAIR TS2 CABLE TS2 TS2 TS2 9 Cerritos Avenue at: Los Alamitos Boulevard. Ecnit. ASC /2 TS1 6 PAIR 10 Los Alamitos High School Ecnit. ASC12 TS1 CABLE 11 Humboit Street Ecnit ASC /2 TS1 12 Bloomfield Street Ecnit. ASC /2 TS1 Los Alamitos Boulevard at: 13 Sausalito Street Ecnit. ASCl2 TS2 TS1 6 PAIR 14 15 Farquhar Avenue Orangewood Avenue IDC 390 Ecnit. ASC /2 TS2 CABLE 16 Rossmoor Way Ecnit. ASC /2 TS2 17 Bradbury Road IDC 390 TS1 16 Florists Street Ecnit. ASC 12 TS2 Bloomfield Street at: NONE 19 Carbon Creek Channel Fix Timer on ICavInr1Ra11 Ecnit. ASC12 TS2 G:1Signal MaInI\20D6 7 S RF13120406 !APPENDIX A.dac 3819. CITY OF LOS ALAMITOS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR MAINTENANCE OF TRAFFIC SIGNALS August 10, 2006 Prepared W. CITY OF LOS ALANHTOS PUBLIC WORKS DEPARTMENT 3191 KATELLA AVENUE LOS ALAMrrOS, CA 90720 -5600 (562) 431 -3538, Ext.101 3819..';; TABLE OF CONTENTS PART PROCEDURAL DOCUMENTS Page Section 1.1 Notice inviting sealed bids 1.1 -1 1.2 -1 1 2 Information for Bidders 1,2.1 -1 1 2 1 Proposal Conditions 1.3 -1 1.3 Bid 1.4 -1 1.4 Bid Bond 1.5 -1 1.5 Standard Contract 1.6 -1 1.6 Payment Bond 1.7 -1 1.7 Contract Performance Bond 1.8 -1 1.8 Certificates of Insurance and Endorsement 1.9 -1 19 Notice of Award 1.10 -1 1.10 Notice to Proceed 1.11 -1 1.11 (THIS SECTION NOT USED) 1.12.1 (THIS SECTION NOT USED) 1.12 PART II GENERAL CONDITIONS Page 2.1 T Abbreviations Definitions, Terms, 2.1 -1 2.2 -1 2 2 Additional Instructions and Detail Drawings 2.2 -1 Schedules, Reports, and Records 2 3 PART III SPECIAL CONDITIONS 3.1 -1 3.01 Contract Period Description and Location of Work 3.1 -1 3.02 3.03 Administrative Requirements Routine and Preventative Maintenance of Traffic Signals 3.1 -1 i 8 3.04 3.05 New Installations 3.1 -8 3.06 Salvaged or Damaged Equipment 3.1 -8 3.07 Extra Work AppENDIX A Signalized Intersections 3819•,... SECTION 1.1 of PROCEDURAL DOCUMENTS NOTICE INVITING SEALED BIDS FOR . MAINTENANCE OF TRAFFIC SIGNALS NOTICE IS HEREBY GIVEN that the City of Los Alamitos (hereinafter referred to as the "City "), will receive sealed bids at its office, 3191 Katella Ave., Los Alamitos, CA 90720 -5600 up to the hour of 2:00 o'clock P.M. ; PDT, on the 31st day of August, 2006, at. which time said bids will be publicly opened and announced. Mailed bids should be addressed as follows: CITY OF LOS ALAMITOS Attn: City Clerk 3191 KATELLA AVENUE LOS ALAMITOS, CA 90720 -5600 RE: MAINTENANCE OF TRAFFIC SIGNALS WORK AND IMPROVEMENTS The work to be done consists in general of routine preventative maintenance and extraordinary, maintenance of traffic signal systems, and highway safety lighting for locations that are the responsibility of the City of Los Alamitos for the period of three (3) years from October 1, 2006 to September 30, 2009. The locations where the work shall be performed are listed in Appendix A of the bid specifications. The various locations in Appendix A may change as provided in these Specifications. PLANS AND SPECIFICATIONS All of the above work is to be done under contract with City in accordance with those certain specifications prepared by the City, to which documents reference is hereby made for description of said Works and Improvements. BIDS Bids must be submitted on the blank forms prepared and furnished for that purpose and which ;may be obtained at the Office of the City Engineer. At said office, bidders my obtain copies of the specifications for the contemplated service and improvements. 1.1 -1 3819•,.; BONDS The contractor will be required to furnish with the contract a Contract Performance Bond in the amount of TEN THOUSAND DOLLARS ($10,000.00), and a Labor and Material Bond in the amount of TWENTY THOUSAND DOLLARS ($20,000.00). The contractor will also famish certificates of insurance and all other documents evidencing all insurance coverage as required by the specifications. CERTIFICATION The Contractor shall comply with the California Labor Code 3099 - 3099.5, and shall have certification for performing the Traffic Signal Maintenance. PREVAILING WAGES NOTICE IS FURTHER GIVEN that the City Council has obtained the general prevailing rate of per them wages in accordance with law to be paid for the construction of the above Work and Improvements. The schedule has been obtained from the Director of the Department of Industrial Relations, pursuant to the provisions of Section 1773 of the Labor Code of the State of California, and reference is hereby made to copies thereof on file in the City's Office, which said copies are available to any interested party upon request. PAYMENT In accordance with Public Contract Code Section 20104.50, payments will be made in cash to the Contractor in accordance with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer, submitted in accordance therewith, based on labor and materials incorporated into said work during the proceeding month by the Contractor. Payment shall not be made more often than once each thirty (30) days. BID SECURITY All proposals or bids shall be accompanied by a cashiers or certified check, payable to the order of the City, in the amount of TEN THOUSAND DOLLARS ($10,000.00), or by a bond in said amount and payable to said City, signed by the bidder and a corporate surety, or by the bidder and two sureties who will justify before any officer competent to administer oaths, in double said amount over and above all statutory exemption. Each check shall be forfeited or said bond shall become payable in case the bidder depositing same does not, within ten (10) days after written notice, sign the Agreement. REQUIRED LICENSE CLASSIFICATION Under Section 7059 of the Business and Professions Code, the bidder must have a license classification (C10) which is sufficient to perform a majority of the project. If the bidder is a specialty contractor, the bidder is alerted to the requirements of Business and Professions Code Section 7059. 1.1 -2 3819. CONTR ACT DOC S Copies of the Contract Documents may be obtained at the Office of the City Engineer, 3191 Katella Ave., Los Alamitos, CA 90720 -5600 telephone (562) 431 -3538 Ext. 101, upon a non - refundable payment of ($ 20.00 for each set ($ 25.00 if mailed). AWARD AND EXECUTION The Contractor shall execute the Agreement within ten (10) calendar days after he /she has been notified of the proposed award. The City hereby reserves the right to reject any and all bid proposals, to waive any irregularity, and to award the contract to the most qualified responsive and responsible bidder (no bidder may withdraw his/her bid for a period of sixty (60) days after the bid opening). DATED: August 10, 2006 1.1 -3 Mike Kapanpour Interim City Engineer 3819, SECTION 1.2 of PROCEDURAL DOCUMENTS INFORMATION FOR BIDDERS Bids will be received by the City of Los Alamitos, hereinafter called the "City," at the Office of the City Clerk, 3191 Katella Ave., Los Alamitos, CA 90720 -5600, until 2:00 P.M., PDT, August.31, 2006, and then at said office publicly opened and read aloud. Each Bid must be submitted in a sealed envelope, addressed to the City at the above - referenced address. Each sealed envelope containing a Bid must be plainly marked on the outside as "SEALED BID FOR TRAFFIC SIGNAL MAINTENANCE -DU NOT OPEN WITH REGULAR MAID" and the envelope should bear on the outside the name of the Bidder, his/her address and his/her license number, if applicable. If forwarded by mail, the sealed envelope containing the Bid, must be enclosed in another envelope addressed to the City of Los Alamitos, c/o City Clerk, 3191 Katella Ave., Los Alamitos, CA 90720 -5600. All Bids must be made on the required Bid form. -All blank spaces for Bid prices must be filled in, in ink or typewritten, and the Bid form must be fully completed and executed when submitted. Only one copy of the Bid form is required. The City may waive any informalities or minor defects or reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the. time and date specified shall not be considered. No Bidder may withdraw a Bid within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the City and the Bidder. Bidders must satisfy themselves of the character of the Work to be performed by examination of the site and review of the Drawings and Specifications, including Addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the nature of the Work to be done. The City shall provide to Bidders prior to Bidding, all information which is pertinent to, and delineates and describes, the land owned and rights -of -way acquired or to be acquired. The Contract Documents contain the provisions required for the Project. Information obtained from any officer, agent, or employee of the City or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him/her ' from fulfilling any of the conditions of the Contract. Each Bid must be accompanied by a Bid Bond (on the required form) payable to the City for Ten Thousand Dollars ($10,000.00). As soon as the Bid prices have been compared, the City will return the Bonds of all except the three lowest responsible Bidders. After opening of the bids, bid errors or bid mistakes may result in the withdrawal of a bid only 1.2 -1 3819. � in accordance with Public Contract Code Section 5101 et seg. When the Agreement is executed, the bonds of the remaining unsuccessful Bidders will be returned. The Bid Bond of the successful Bidder will be retained until all Contract Documents have been executed and approved, after which it will be returned. A cashiers check may be used in lieu of a Bid Bond as described in Section 1.1. According to the provisions of Section 7028.5 of the Business Professions Code, any bid submitted by a contractor not licensed in accordance with state requirements and pursuant to the provisions found in these bid documents shall be considered by the City to be non - responsive and shall be rejected by the City. Except as otherwise provided under State law, the City shall, before awarding this contract, verify that the bidder was properly licensed when the contractor submitted the bid. Within .ten (10) days of notice of award, the successful Bidder will purchase and obtain a City of Los Alamitos Business License. The Contractor shall have certification for performing the Traffic Signal Maintenance, and shall comply with the California Labor Code 3099- 3099.5. Bonds and Insurance Certificates must be in the form required by the City (substitutions are not permitted) and the Company must be admitted and authorized to do business as an insurance company or surety as appropriate in the State of California. A Labor and Material Payment Bond in the amount of Twenty Thousand Dollars ($20,000.00) and a Contract Performance Bond (on the required form), in the amount of Ten Thousand Dollars ($10,000.00), with a corporate surety authorized and admitted to do business as such in California, will be required for the Faithful Performance of the Contract. Attorneys -in -fact who sign Bid Bonds, Labor and Material Payment Bonds, and Contract Performance Bonds must file with each Bond a certified and effective dated copy of their power of attorney. The party to whom the Contract is awarded will be required to execute the Contract within ten (10) calendar days after he /she has been notified of the proposed award and to submit the Labor and Material Payment Bond, Contract Performance Bond, and Insurance Certificates on the required forms when returning the signed Contract. In case of failure of the Bidder to execute the Contract, the City may at its option consider the Bidder in default, in which case the Bid Bond accompanying the proposal shall become the property of the City. The City, within ten (10) days of receipt of acceptable Labor and Material Payment Bond, Contract Performance Bond, Insurance Certificates, and Contract signed by the party to whom the Contract was awarded, shall sign the Contract and return to such party an executed duplicate of the Contract. Should the City not execute the Contract within 1.2 -2 38 1 9 such period, the Bidder may by Written Notice withdraw his/her signed Contract. Such notice of withdrawal shall be effective upon receipt of the notice by the City. A Notice to Proceed will be issued by the City as a part of this Contract. The City may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. A conditional or qualified bid will not be accepted. Award, if made, will be made to the most qualified, responsive and responsible Bidder, as determined by the City. The City reserves the right to award the Contract or reject all bids. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over maintenance of traffic signals shall apply to the Contract throughout. Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to his/her Bid. All Bidders shall supply the names, addresses, and Contractor's License No. of Subcontractors as set forth in the Bid. Contractors and Subcontractors are advised that if a dispute arises between the Contractor and a Subcontractor, the City shall utilize the services of a third party hearing officer, the cost of which shall be shared between the Contractor and Subcontractor. Bidders are advised that if awarded this Contract, the Contract Documents require binding arbitration in accordance with Code of Civil Procedure Section 1280 et seq. in lieu of litigation in the courts. Bidders are further advised that if awarded this Contract, the Contract Documents require them to waive the provisions of Civil Code Section 47(b) in making claims under the Contract Documents and that the City will pursue any and all remedies available under the California False Claims Act, Government Code Section 12650 et seq. Contractors are reminded that making a false claim is a criminal offense. 1.2 -3 3819._--.4 SECTION 1.2.1 of PROCEDURAL DOCUMENTS PROPOSAL CONDITIONS GENERAL INFORMATION The City of Los Alamitos will review sealed proposals for the work described in these specifications. See "Notice Inviting Sealed Bids" for proposal requirements. PROPOSAL FORM All proposals must be made upon the enclosed proposal form. All proposals must give the prices proposed in figures, and must be signed by the bidder, with bidder's address. If the proposal is made by an individual, name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the State under the laws of which the corporation was chartered and the name, titles and business addresses of the President, Secretary and Treasurer. BID DER'S SECURITY All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check or bid bond made payable to the City of Los Alamitos for the amount equal to $10,000.00 and no proposal shall be considered unless such cash, certified check, or bid bond is enclosed therewith. BIDDER'S STATEMENT Bidder shall complete the Bidder's Statement on the Proposal, indicating the name of bidder, address and whether bidder is an individual, partnership or corporation. It shall be signed by the individual, a partner or an officer of the corporation empowered to execute contracts for the corporation. CHANGES OR ALTERATIONS Should a bidder find discrepancies in or omissions from the specifications or other documents or should be in doubt as to their true meaning, he may request interpretation from the City Engineer. Any interpretation or changes in the proposed documents Will be made only by addendum issued to each person to whom specifications have been issued and shall become part of the proposal. 1.2.1 -1 3819. DELIVERY OF PROPOSALS Proposals shall be enclosed in envelopes, with bidder's name and address plainly marked in the upper left hand corner and the title of proposal marked on the bottom left corner. The bidder will be solely responsible for the proposal being received by the closing time. REJECTION OF PROPOSALS Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. AWARD OF CONTRACT The award of the contract, if it be awarded, will be made to the most qualified, responsive and responsible bidder by the City Council within sixty calendar days after the opening of the proposals. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The bidder is required to examine carefully the site of and the specifications for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quantities of work to be performed and materials to be furnished and as to the requirements of the specifications and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. NON - COLLUSION AFFIDAVIT Bidder shall complete the Non - Collusion Affidavit which is attached hereto and made a part hereof. The affidavit shall be submitted with the bidder's proposal. MONTHLY RECORD LOG Bidder shall submit a sample of the monthly record log to be placed in each controller cabinet in conformance with the requirement of these specifications. BIDDER'S QUESTIONNAIRE Bidders shall completely fill in the questionnaire and submit it with the proposal. REFERENCES Bidders shall provide references, including names, addresses, and phone numbers, for at least three (3) public agencies for which Bidder has performed similar work within the past two years. 1.2.1 -2 3819. BASIS OF AWARD The basis of contract award will be on both bid price and an evaluation of the respective bidders' experience, facilities maintained by the bidder for controller and signal maintenance, ability and time to respond to trouble calls, and other factors. The bidder is invited to submit additional factual information to the City with this bid in addition to the specific information requested on the questionnaire contained in the proposal form. The City desires to make an objective evaluation of all bidder's qualifications prior to award of contract. Since this bid is for technical services, the evaluation of bidder qualifications to perform traffic signal maintenance in Los Alamitos has importance as well as the bid prices. 1.2.1 -3 3819.; BIDDER'S QUESTIONNAIRE The following questions shall be answered by all bidders to help the City in making an evaluation of the bidder`s qualifications and proposed level of service. Where answers to the questions require more space than provided here, bidder shall attach supplementary answer pages. a. Where are controllers repaired: In bidder's own shop or elsewhere? So state. b Will bidder furnish spare controllers to replace temporary malfunctioning controllers in Los Alamitos? c List agencies for whom you are now performing traffic signal maintenance. d Are bidder's service vehicles dispatched via radio? e Are spare controller parts stocked by bidder? f Specify in detail what will constitute "regular patrol" as provided in Emergency Service section of specifications. g Specify how soon your personnel and equipment can reach the site of the intersection in Los Alamitos for emergency calls or blackouts. b Specify how soon you can do a routine type repair, such as a burnout of flashing "pedestrian" signal head, after . reported by the City. Signature of Bidder Name of Firm 1.2.1 -4 3819 � CONTRACTOR'S LICENSING STATEMENT TO BE PROVIDED BY SUCCESSFUL BIDDER PRIOR TO THE AWARD OF CONTRACT The undersigned contractor, or corporate officer, declares under penalty of perjury that the attached copy of contractor's pocket license or certificate of licensure is a true and correct copy of the original, that said license is contractor's, is current and valid, and is in a classification appropriate to the work to be undertaken for this project. Project: Name of Contractor: Signature of Declarant: Title: Subscribed and sworn before me, a Notary Public in and for the State of California on .2006. Signed: Notary Seal 1.2.1 -5 38 1 9 .: ;';I SECTION 1.3 of PROCEDURAL DOCUNIE"NTS PROJECT: MAINTENANCE OF TRAFFIC SIGNALS Proposal of hereinafter called "Bidder," organized and existing under the laws of the State of California, doing business as To the City of Los Alamitos, hereinafter called "City ": In compliance with your Invitation for Bids and Information for Bidders, Bidder hereby proposes to perform all Work for the proposed project in strict accordance with the Plans and Contract Documents, within the time set forth therein, and at the prices stated below. By submission of this Bid, each Bidder certifies, and in the case of a j oint Bid each party thereto certifies as to his/her own organization that this Bid has been arrived at independently, without consultation, communication, agreement as to any matter relating to this Bid with any other Bidder or with any competitor. Bidder hereby agrees to commence Work under this Contract on or before a date to be specified in the Notice to Proceed. ADDENDA Bidder acknowledges receipt of the following Addenda: Dated Dated Dated BIDDING SHEET In the blanks provided, fill in the prices at which you propose to furnish the work, including all labor, materials, equipment, work, and methods necessary to complete the work, and all applicable sales and use taxes imposed pursuant to the laws of the State of California. Bidders are advised that they must include a proportional amount of overhead, profit, etc., within the bid prices. vinsert "a corporation," "a partnership," or "an individual," as applicable. 1.3 -1 3819. CITY OF LOS ALAMITOS BID PROPOSAL FOR MAINTENANCE OF TRAFFIC SIGNALS 2006 to 2009 To: The City Council of the City of Los Alamitos The undersigned bidder understands and agrees that this written proposal, or any part thereof specifically designated and accepted by the City of Los Alamitos, shall constitute the entire agreement between bidder and the City only after it has been accepted by the City Council, endorsed by the City Clerk with a signature and official seal noting thereon the action of approval of the Council. Bidder further agrees that upon delivery of the accepted agreement the bidder will furnish City all required bonds and the insurance certificates within ten (10) working days, or the funds, check, draft, or the Bid Bond accompanying this Proposal shall become the property of the City and shall be considered as payment of damages due to delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain. if the required Bonds and insurance certificate are submitted to the City within the required time limit, the otherwise said check, draft, or bid bond will be returned to the undersigned. All the terms contained in the specifications and scope of work are to be, incorporated by reference into this agreement and are made specifically a part of this bid. The undersigned, as bidder, declares the following: that the only persons or parties interested in the proposal as principals are those names herein; that this proposal is made without collusion with any other person, firm or corporation; that the bidder has carefully examined the location of the proposed work, and the bidder proposes and agrees that if this proposal is accepted, to provide work with all necessary machinery, tools, apparatus and other means of construction, in the manner and time prescribed, and according to the requirements of the contract and additional requirements of the Engineer, and that he will take full payment therefore at the following unit prices, to -wit: 1.3 -2 3819. ;! PROPOSED SCHEDULE OF WORK AND PRICES A. Routine Maintenance Item Description Quantity Unit Price Total No. 1. Replacement of standard detector loop, including sawcut lead -in and 3. 1. Monthly Routine Maintenance: Flat Rate per 20 Installation of complete new pedestrian and signal heads with $ 5. Signalized Intersection 6. mountin . B. Extraordinary Maintenance Item Description Price No. Traffic Si al Maintenance Supervisor 1. Replacement of standard detector loop, including sawcut lead -in and 3. cable splicing 2, Installation of complete new pedestrian and signal heads with 5. walkman/hand indication solid state transformers and clamshell 6. mountin . 2. Painting of pedestrian and signal heads, including frameworks per signalization intersection. Painting Per Head a.) Signal Head b.) Pedestrian Head c.) Pedestrian Push Button 3. Painting of traffic signal controller cabinet per intersection 4. Complete testing of traffic signal controller cabinets including all internal a ui ment and certification. 5. Group Te-larnping of all standard signal lamps. 6. Installation of three- section traffic signal heads with backplates, and frameworks. 7. Materials & Parts shall be per Supplier's itemized invoice & 10% mark-up. C. Labor Cost Item No. Position Regular/hr. Overtime/hr. 1. I Traffic Si al Maintenance Supervisor 2. TTraffic Signal Technician 1 3. Traffic Si al Technician 2 4. Traffi c Si al Laborer 5. Traffic Signal Ap2rentice 6. Painter 1.3 -3 3 8 19 • ; :" CITY OF LOS ALAMITOS PROPOSED SCHEDULE OF WORK AND PRICES (Cont'd) D. Equipment Item No. Description Hourly Rate 1. Pick-up truck with tools 2. Service truck with tools 3. Service/ Ladder truck with tools 4. Boom/ Ladder truck with tools 5. Water truck 6. Concrete saw and truck 7. Air compressor with tools 8. Crane 9. Arrow board Total Amount of Bid $ (In figure) (In Words) Duly Authorized Contractor Representative's Name: Print: Sign: 1.3-4 38 19 Total prices for each item in each and every case shall represent a true price used in preparing the bid schedule totals (Bid form). The prices listed herein shall include all material, installation, and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications and shall include transportation costs, sales tax, and all other applicable taxes and fees. Unbalanced prices shall be sufficient cause for rejection of the bid. The purpose of the pricing is for bid evaluation and changes in the work during construction. When discrepancies occur between words and figures, the words shall govern. M. Ir : • r There is enclosed herewith a cashiers check or surety bond in the sum Ten Thousand Dollars ($10,000.00), made payable to the CITY OF LOS ALAMITOS, and the undersigned agrees that in case of his/her failure to execute the necessary Contract and furnish the required bonds and insurance certificates, the cashiers check or surety bond and the money payable thereon shall be and remain the property of the CITY OF LOS ALAMOS. WITHDRAWAL OF BID The Bidder agrees that after opening of bids, this Bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving Bids. Bids withdrawals for mistake or error shall only occur pursuant to Public Contract Code Section 5101 et se . VISITING THE SITE The undersigned has thoroughly examined the Drawings and Specifications and Addenda (if any), has visited the site, and is thoroughly familiar with the contents and all of the conditions thereof. The undersigned is aware of and will observe all security regulations enforced at this facility. DESIGNATION OF SUBCONTRACTORS In compliance with the provisions of Section 4100 -4108 of the Public Contract Code of the State of California, and any amendments thereof, each Bidder shall set forth below, the name and location of the mill, shop, or office of each subcontractor who will perform work or labor, or render service to the Contractor in an amount in excess of one -half (1/2) of one percent (1 %) of the total Bid, and the portion of the Work which will be done by each Subcontractor. If the Contractor fails to specify a Subcontractor for any portion of the Work in excess of one -half (1/2) of one percent (1 %) of the total Bid to be performed under the Contract, he /she shall be deemed to have agreed to perform such portion of the Work, Trade 1.3 -5 3819•,::? himself/herself and he /she shall not be permitted to subcontract that portion of the Work except under conditions permitted by law. Subletting or subcontracting of any portion of the Work as to which no Subcontractor was designated in the original Bid shall only be permitted in case of public emergency or necessity, or otherwise permitted by law, and then only after a finding reduced to writing as a public record of the City. % of Work Trade To Be Done Subcontractor Address License 1.3 -6 3819. 0.3 INFORMATION REQUQZED OF BIDDER 1. Number of years experience as a contractor in construction work: 2. List at lease three projects completed as of recent date: Contract Amount Class of Work Date Com 1. Name/Address/ Telephone of Owner and Point of Contact 3. List the names of the persons who inspected the site of the proposed work for your firm: 4. Date of Inspection: 5. Note: If requested by the Engineer, the bidder shall furnish a notarized financial statement, financial data, or other information and reference sufficiently comprehensive to permit an appraisal of his/her current financial conditions. 1.3 -7 ANTI -TRUST CLAIM In submitting a Bid to a public purchasing body, the Bidder offers and agrees that if the Bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Bidder. RESPECTFULLY SUBMITTED: Signature City, State, Zip Code Title Contractor's License No. Federal I.D. No. (SEAL - -if Bid is by a corporation] ATTEST 1.3 -8 Address Telephone Date Type of License 3819 - , .. CERTIFICATION LABOR CODE - SECTION 1851 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work of this Contract. CONTRACTOR: 1.3 -9 Firm Name Second Party 3819..' a, J PUBLIC CONTRACT CODE SECTION 10162 STATEMENT In accordance with Public Contract Code Section 10162, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two -year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury that the bidder has , has not been convicted within the preceding three (3) years of any offenses referred to in that Section, including. any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal anti-trust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place an initial after "has" or "has not" in one of the blank spaces provided. The above Statements are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of these Statements. Bidders are cautioned that making false certification may subject the certifier to criminal prosecution. 1.3 -10 3819. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In accordance with Public Contract Code Section 10162, the Bidder shall complete under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. 1.3 -11 3819-.;..; NONCOLLUSION AFFIDAVIT (Public Contract Code Section 7106) In accordance with Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Bid. Signing this Bid'on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. BID SECURITY Accompanying this proposal is 1i in the amount of Ten Thousand Dollars ($10,000.00). The names of all persons interested in the foregoing proposal as principals are as follows: NOTICE: If the bidder or other interested person is a corporation, state legal name of corporation and the State of incorporation, also names of the president, secretary, treasurer, and manager thereof, if co- partners compose firm or if bidder or other interested person is an individual, state first and last names in full. The bidder i'Note: Insert the words "CASHIERS CHECK," "CERTIFIED CHECK," or "BIDDERS BOND," as the case may be. 1.3 -12 3819. , ,, is licensed in accordance with state law providing for the registration of Contractors, License No._ . The license expiration date is By my signature on this proposal, I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire, affidavit, and statements of Public Contract Code Sections 10162, 7106, 10232, and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Code of Regulations). Date: Business Address Place of Business Place of Residence Business Phone Signature of Bidder 1.3 -13 ZQ 1 O 3 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the City of Los Alamitos, a California General Law Municipal Corporation, as Owner in the penal sum of Ten Thousand Dollars ($10,000.00) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our successors, and assigns. Signed, this day of .2006. The Condition of the above obligation is such that whereas the Principal has submitted to the a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the NOW, THEREFORE, - a. If said Bid shall be rejected, or b. If said Bid shall be accepted and the Principal shall execute and deliver, within ten (10) days after acceptance, a contract in the form attached hereto (properly completed in accordance with said Bid) and shall fixrnish a Bond for his/her faithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, the required . Insurance Certificates, and shall in all other respects perform the Contract created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension. in the event suit is brought upon this bond by the obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorneys fee to be fixed by the court. °IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. 1.4 -1 3819•.1') Two Witnesses PRINCIPAL: (If Individual): By Title ATTEST (If Corporation): By Title (Corporate Seal) SURETY: ATTEST: By By Title Title (Corporate Seal) IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or Project is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Departments most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) 1.4 -2 (Name and Address of Agent or Representative in California, if different from above) (Telephone Number of Surety and Agent or Representative in California) 1.4 -3 38 1 9 • ; :' 3819 -,-;'3 CITY OF LOS ALAAHTOS PROFESSIONAL SERVICES AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS 1. PARTIES AND DATE. This Agreement is made and entered into this day of , 20____, by and between the City of Los Alamitos, a municipal organization organized under the laws of the State of California with its principal place of business at 3191 Katella Avenue, Los Alamitos, California 90720 ( "City") and I a, with its principal place of business at ( "Consultant "). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2: RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional engineering consultant services required by the City on an as- needed basis pursuant to the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional engineering consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Maintenance of Traffic Signals ( "Project ") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scone of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering consultant services on an as- needed basis necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 1.5 -1 BSK: AUGUST2005 ORA.NGETSM19634.1 3819. 3.1.2 Term. The term of this Agreement shall be from October 1, 2006 to September 30, 2009, unless earlier terminated as provided herein. Consultant shall complete the Services, as requested by the City on an as- needed basis, within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, on an as- needed basis within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services -in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to. City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME(S)j. 3.2.5 City's Representative. The City hereby designates the City Engineer, or his or her designee, to act as its representative for the performance of this Agreement ( "City's 1.5 -2 ORANGEMM19634.1 BBK: AUGUST2005 3819 -. Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 _Consultant's Representative. Consultant hereby designates or his or her designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant`s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care• Performance of Emnlovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, . permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself My informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all CaVOSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be „contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 1.5 -3 ORANGSKSM19634.1 SRK AUGUST 2005 �j 1 9 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scone of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability:. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000.00 per occurrence for bodily injury, personal injury and property damage. if Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of 51,000,000.00 per accident for bodily injury or disease. 3.2.10.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, 1.5-4 BBK: AUGUST 2606 ORANGSKSM19634.1 3819•..: officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. 3.2.10.4 Separation of Insureds- No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 3.2.10.5 Deductibles and Self- Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.6 Acceptability of Insurers. All insurers shall be admitted and authorized to do business in California as insurance carriers. 3.2.10.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and 1.5 -5 c)RANGE\KSDN19634.1 BBK: AUGUST 2005 endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.10.8 Reporting of Claims. Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.11 S„ afety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall' receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and .manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly _ itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 1.5 -6 ORANGBIKSD119634,1 BBK: AUGUST2006 .y 1� 9.,, 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et gq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements. on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant's principal place of business and at the project site. Consultant 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. 3.4 Accounting Records. 3.4.1 Maintenance and Insuection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant -to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and with cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 1.5 -7 BBK: AUGUST2005 oRANOE\K5D119634.1 3819•, ". 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: City: City of Los Alamitos 3191 Katella Avenue Los Alamitos, CA 90720 Attn: City Engineer, Public Works Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. —NOT APPLICABLE 3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Consultant, its officials, officers, employees, agents, subconsultants and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or ORANOMKSD \19634.1 6M AUGUST 2006 3C 9 .. : volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. - NOT APPLICABLE 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law., this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by. reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction• References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 1.5 -9 ORANGMSM19634.1 BBK: AUGUST2005 3819..'.. 3.5.16 No Third Party Bene$ciaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity• Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenfCe -and d effect ceab a court of competent jurisdiction, the remaining provisions shall continue m full for 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For- breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Eau Onportunity Emplo a t. Consultant sub consultant, employee or opportunity employer and it shall not discriminate against y applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall alsativ A�Yfi• n Plan or othertrelated programslorsguidelines Business Enterprise program, Affirm currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - inswance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have bind each hispe five Party. have the legal power, right, and authority to make this Agreement and 3.5.22 Counte arts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior APRroval ired Requ. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 1.5 -10 oRANGEUC5D\19634.1 9HK: AUGUST2005 CITY OF LOS ALAMITOS En Attest: M. Fredrick Freeman Mayor Susan Vanderpool City Clerk Approved as to Form: Best Best & Krieger LLP City Attorney 3819.,,;-1 [INSERT NAME OF CONTRACTOR] By: [INSERT NAME AND TITLE] f f Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Name: Title: 1.5 -11 BBK: AUGUST 2006 ORANGE1KSD\19634,1 3819•...1 EXMIT "A" SCOPE OF SERVICES The Consultant shall provide routine and extraordinary maintenance of all traffic signals in the City of Los Alamitos according to Contract Documents and Specifications for Maintenance of Traffic Signals, dated August 10, 1006. ORANGE\KSD \19634.1 A -1 BEK AUGUST 2005 3819 • - -J EXHIBIT "B" COMPENSATION [INSERT THE BID SCHEDULE SUBMITTED BY CONTRACTOR AS PART OF BID PACKAGE] ORANcTMsD119634.1 B -1 BBK: AUGUST2006 3819•...Y SECTION 1.6 of PROCEDURAL DOCUMENTS PAYMENT BOND (LABOR AND MATERIALS BOA (CALIFORNIA PUBLIC WORK) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the (referred to hereinafter as. "Obligee ") has awarded to (hereinafter designated as the "Contractor "), a contract dated , for work described as follows: (hereinafter referred to as the "Public Work Contract "); and WHEREAS said Contractor is required to furnish a bond in connection with said Public Works Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code in the sum of Dollars ($ ), said sum being the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his/her or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the Public Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of said Contractor and his/her Subcontractors pursuant to Section 18806 of the Revenue and Taxation Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety or Sureties will pay a reasonable attorneys fee to be fixed by the Court. 1.6 -1 3819 -.') In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Code, so as to give a right of action to them or their assigns any suit brought upon this bond. The Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any •way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications. No final settlement between the Obligee.and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 2006. PRINCIPAL: By: SURETY: Attorney -in -Fact IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the Califomia Insurance Code, and if the work or project is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as -amended). THIS IS A REQUIRED FORM. 1.6 -2 3819•:': STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this day , in the year 2006, before me, , a Notary Public in and for said State, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attomey -in -Fact of the (Surety) and acknowledged to me that he /she subscribed the name of the (Surety) thereto and his/her own name as Attorney-in -Fact. Notary Public in and for said State (SEAL) Commission expires NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto. CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the secretary of the corporation named as Principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing bond. (CORPORATE SEAL) 1.6 -3 Signature 3819•.:; SECTION 1.7 of PROCEDURAL DOCUMENTS CONTRACT PERFORMANCE BOND (FAITHFUL PERFORMANCE BOND) (CALIFORNIA PUBLIC WORKS) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the (sometimes referred to hereinafter as "Obliges ") has awarded to (hereinafter designated as the "Contractor "), a Contract for the work described as follows: (hereinafter referred to as the "Public Work "); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter referred to as the "Public Work Contract "), which Public Work Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and _, a corporation organized and existing under the laws of the State of _ , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the in the sum ($ ) said sum being the total amount payable by the said obligee under the terms of the said Public Work's Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his/her or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, the said Surety will pay to Obligee a reasonable attorneys fee to be fixed by the Court. 1.7 -1 3819. ..3 The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Public Work Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications. . No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 2006. PRINCIPAL: SURETY: Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged, $ (The above must be filled in by corporate surety.)* IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Departments most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. 1.7 -2 STATE OF CALIFORNIA ) ) ss. COUNTY OF , ) On this day , in the year 2006, before me, , a Notary Public in and for said State, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (Surety) and acknowledged to me that he/she subscribed the name of the (Surety) thereto and his/her own name as Attorney -in -Fact. Notary Public in and for said State (SEAL) Commission expires NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto. CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the secretary of the corporation named as Principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing bond. (CORPORATE SEAL) 1.7 -3 Signature 3819•.:... SECTION 1.8 of PROCEDURAL DOCUMENTS CERTIFICATES OF INSURANCE AND ENDORSEMENT The Contractor shall not commence any work under the Contract Documents until he/she obtains, at his/her own and sole cost and expense, all required insurance as stipulated by the City. The required insurance shall be provided by the Contractor in conformance with the requirements of Section 2.21 of the General Conditions of these Contract Documents and may include the following: • Workers' Compensation Insurance • Comprehensive General and Vehicle Liability Insurance • All Risk • Earthquake • Flood The insurance company or companies utilized by the Contractor shall be authorized and admitted to transact business in the State of California and to issue policies in the amounts required in said Section 2.21 of the General Conditions of these Contract Documents. No substitutions or revisions to the certificates and endorsements which follow will be accepted. if the insurance called for is provided by more than one company, a separate certificate, using the format presented, shall be provided for each company. 1.8 -1 3819. CERTIFICATE OF INSURANCE CITY: City of Los Alamitos 3191 Katella Avenue Los Alamitos, CA 90720 -5600 DESCRIPTION Maintenance of Traffic Sianals OF CONTRACT TYPE OF INSURANCE: WORKERS' COMPENSATION INSURANCE THIS IS TO CERTIFY that the policies of insurance listed below have been issued by the company named below in conformance with the requirements set forth in the City's Contract Documents, and that said policies are now in force. Said company will give at least thirty (30) days advance written notice by registered or certified mail to the City and Engineer prior to any material change or cancellation of said policies. This certificate or verification of insurance is not an insurance policy and does not amend, extend, or alter the coverage afforded by policies listed herein. Notwithstanding any requirement, term, or condition of any Contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Policy Number Effective Date Expiration Date The insurance provided by said policies complies in all respects as to coverage and limits of liability with the requirements of the Workers' Compensation Insurance Laws of the State of California. Page 1 of 3 1.8 -2 EFFECTIVE: Name Insured Street Number City and State Insurance Company Agent for service of process in California (Name) (Street Number) California (City) (Telephone Number) 3819..x;;4 Insurance Company Street Number City and State By: (Authorized Representative) (Attach Acknowledgment) (Company) (Street Number) (City and State) (Telephone Number) NOTICE: No substitution or revision to this certificate will be accepted. If the insurance called for is provided by more than one company, a separate certificate, using this format, shall be provided for each company. Page 2 of 3 1.8 -3 3819.:: STATE OF ) ss. COUNTY OF ) On this day of , 2006, before me personally came to me known, who being duly sworn, did depose and say: that is an authorized representative of the and acknowledged to me that executed the within instrument on bebalf of said insurance company. IN WITNESS WHEREOF, I have signed and affixed my Official Seal on the date in this certificate first above written. Notary Public in and for said County and State Page 3 of 3 1.8-4 3819•. CERTIFICATE OF INSURANCE AND ENDORSEMENT CITY: CITY OF LOS ALAMITOS 3191 Katella Avenue Los Alamitos, CA 90720 -5600 DESCRIPTION Maintenance of Traffic Signals OF CONTRACT TYPE OF INSURANCE: COMPREHENSIVE GENERAL AND VEHICLE LIABILITY INSURANCE THIS IS TO CERTIFY that the policies of insurance listed below have been issued by the company named below in conformance with the requirements set forth in the City's Contract Documents, and that said policies are now in force. Said company will give at least thirty (30) days advance written notice by registered or certified mail to the City and Engineer prior to any material change or cancellation of said policies. This certificate or verification of insurance is not an insurance policy and does not amend, extend, or alter the coverage afforded by policies listed herein. Notwithstanding any -' requirement, term, or condition of any Contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Policy Effective Expiration Limits of Liabili Number Date Date. Bodily Injury Property Damage The following types of coverage are included in this policy (indicated by "X" in space): Manufacturers' and Contractors' Yes _ No Cites' and Contractors' Protective Yes _ No Blanket Contractual Yes — No Completed Operations Yes No Owned Automobiles Yes No Hired Automobiles Yes _ No Non -Owned Automobiles Yes _ No Broad Form Property Damage Yes _ No "XCU" Exposure Yes No Page 1 of 3 1.8 -5 ,a 9 M. J ._ �� •)! ENDORSEMENT: The City, the City's Representative, the. Engineer and his/her consultants, and each of their officers, agents, and employees are included as insureds under these policies but only while acting in their capacity as such and only as respects operations of the original named insured, his/her subcontractors, agents, and employees in the performance of the above - referenced Contract. This endorsement shall not operate to increase the Company's total limits of liability under the . above - listed policies. The insurance company hereby waive its rights of subrogation against the insureds covered hereby. EFFECTIVE: Name Insured Insurance Company Street Number Street Number City and State Insurance Company Agent for service of process in California (Name) (Street Number) , California (City) City and State By: (Authorized Representative) (Attach Acknowledgment) (Company) (Street Number) (City and State) ' (Telephone Number) (Telephone Number) NOTICE: No substitution or revision to this certificate will be accepted. If the insurance called for is provided by more than one company, a separate certificate, using this format, shall be provided for each company. Page 2 of 3. 1.8-6 STATE OF ) ss. COUNTY OF ) On this day of , 2006, before me personally came to me known, who being duly swom, did depose and say: that is an authorized representative of the and acknowledged to me that * executed the within instrument on behalf of said insurance company. IN WITNESS WHEREOF, I have signed and affixed my Official. Seal on the date in this certificate first above written. Notary Public in and for said County and State Page 3 of 3 1.8 -7 SECTION 1.9 of PROCEDURAL DOCUMENTS NOTICE OF AWARD To: Project Description: i 9 ..y . The City has considered the Bid submitted by you for the above described Work in response to its Advertisement for Bids dated . 2006, and Information for Bidders. You are hereby notified that your • Bid has been accepted ' in the amount of $ You are required by the Information for Bidders to execute the Contract and fiurush the required Contractor's Payment Bond, Contract Performance Bond, and Certificates of Insurance and Endorsements within ten (10) calendar days from the date of this Notice of Award. If you fail to execute said Contract and to Ru -nish said Bonds and Certificates of Insurance and Endorsements within ten (10) calendar days from the date of this Notice of Award, the City will be entitled to consider all your rights arising out of the City's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the City. Dated this day of _ '2006. By Title 1.9 -1 City 3 8 1 9, ,..,. j ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by THIS THE day of .2006. By Title 1.9 -2 Contractor SECTION 1.10 of PROCEDURAL DOCUMENTS NOTICE TO PROCEED To: Project Description: I C 38 1 9 • *I *I You are hereby notified to commence Work in accordance with the Contract dated , 2006, on or before . 2006. You are required to return an acknowledged copy of this Notice to Proceed to the City. Dated this day of , 2006. CITY OF LOS ALAIMGTOS Owner By Title 1.10 -1 3819.,1'11 ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by , THIS THE day of .2006. Contractor Title 1.10 -2 PART II GENERAL CONDITIONS Document N: 349 3 3 1 9 '� SECTION 2.1 of GENERAL CONDITIONS DEFINITIONS TERMS. ABBREVIATIONS 2.1.01 Definitions - Wherever used in the Contract Documents, the following shall have the meanings indicated which shall be applicable to both the singular and plural thereof. Acceptance, Final Acceptance - The formal action by the City accepting the Work as being complete. Accepted Bid - The bid accepted by the City. Addenda - Written or graphic instruments issued prior to the opening of sealed bids which modify or interpret the Contract Documents and Drawings by additions, deletions, clarifications, or corrections. Bid - The offer or proposal of the Bidder submitted on the prescribed Form setting forth the prices for the Work to be performed. Bidder - Any person, firm,'or corporation submitting a Bid for the Work. Bonds - Bid, Performance, and Payment Bonds and other instruments of security, furnished by the Contractor and his/her surety in accordance with the Contract Documents. Change Order - A written order to the Contractor authorizing an addition, deletion, or revision in the Work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. City - City of Los Alamitos. City's Representative /City Engineer - The person or engineering firm authorized by the City to represent it during the performance of the Work. Contract - The written agreement executed between the City and the Contractor covering the performance of the Work. Contract Documents - The Contract Documents, including Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Contract, Payment Bond, Performance Bond, Insurance Certificates, Notice of Award, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Detailed Technical Provisions, Drawings, Public Improvement Document N: 349 2.1 -1 3 8 1 9 - .� aA Warranty, Addenda, and Standard Specifications for Public Works Constructi on, latest edition and addenda. Contract Price - The total monies payable to the Contractor under the terms and conditions of the Contract Documents. Contract Time - The number of calendar days stated in the Contract Documents for the completion of the Work. Contractor -The person, firm, or corporation with whom the City has executed the Contract. Detailed Technical Provisions - A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction system, standards, and workmanship. Drawings - The part of the Contract Documents which show the characteristics and scope of the Work to be performed and which have been prepared or approved by the Engineer. Engineer - The person, firm, or corporation named as such in the Contract Documents. Field Order - A written order effecting a change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time, issued by the Engineer to the Contractor during construction. Laboratory - The laboratory authorized by the City or the City's representative to test materials and work involved in the Project. Manufacturer - A person, firm, or corporation that fabricates, processes, or creates from raw materials or component parts, materials or equipment to be incorporated into the Project. Notice of Award - The written notice of the acceptance of the Bid from the City to the successful Bidder. Notice to Proceed - Written communication issued by the City to the Contractor authorizing him to proceed with the Work and establishing the date of commencement of the Work. Project - The undertaking to be performed as provided in the Contract Documents. Resident Project Representative - The authorized representative of the City who is assigned to the Project site or any part thereof. Document #. 349 2.1 -2 389 • 07 Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the - Contractor, a Subcontractor, manufacturer, Supplier, or distributor, which illustrate how specific portions of the Work shall be fabricated or installed. Special Conditions - Modifications to Detailed Technical Provisions. Specifications - The General Conditions, Supplemental General Conditions, Special Conditions, and Detailed Technical' Provisions and Standard Specifications for Public Works Construction. latest edition, of these Contract Documents. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion - That date as certified by the Engineer when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it is intended. Supplemental General Conditions - Modifications to General Conditions that are specifically applicable to this Project. Supplier - Any person or organization that supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Utility - Public or private fixed works for the transportation of fluids, gases, power, signals, or, communications. Work - All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the Project. Written Notice - Any notice to any party of the Contract relative to any part of this Contract in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his/her last given address, or delivered in person to said party or his/her authorized representative on the Work. 2.1.02 Terms - Wherever used in the Contract Documents, the terms "directed," "required," "permitted," "ordered," "designated," "prescribed," or terms of like import are used, it shall be understood that the direction, requirements, permission, order, designation, or prescription of the City's Representative is intended. Similarly, the terms "approved," "acceptable," "satisfactory," "or equal," or terms of like import shall mean approved by or acceptable to or satisfactory to the City's Representative, unless otherwise expressly stated. The word "provide" shall be understood to mean flunish and install. Document #: 349 2.1 -3 i „ J s' ! s • 2.1.03 Abbreviations - Whenever used in the Contract Documents, the following abbreviations shall have the meanings indicated: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association Al The Asphalt Institute AIA American Institute of Architects AIEE American Institute of Electrical Engineers AISC American Institute of Steel Construction AISI American Iron & Steel Institute Standards Institute (formerly USASI, USAL, ASA) ANSI American National API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ASA American Standards Association (now ANSI) ASCE American Society of Civil Engineers ASHRAE American society of Heating, Refrigerating, and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society AWWA American Water Works Association CRSI Concrete Reinforcing Steel Institute IEEE Institute of Electrical and Electronics Engineers NBFU National Board of Fire Underwriters NEMA National Electrical Manufacturers Association PCA Portland Cement Association SSPC Steel Structures Painting Council UBC Uniform Building Code, Pacific Coast Building Officials Conference of the International Conference of Building Officials U/L or UL Underwriters Laboratories, Inc. USASI or United States of America Standards In USAS (now ANSI) Document#; 349 2.1-4 3819•.1 IN SECTION 2.2 of GENERAL CONDITIONS ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 2.2.01 The Contractor may be furnished additional instructions and detail drawings by the Engineer, as necessary to carry out the Work required by the Contract Documents. 2.2.02 The additional drawings and instruction thus supplied will become a part of the Contract Documents. The Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. Dccumcnt N: 349 2.2 -1 3819.; SECTION 2.3 Of GENERAL CONDITONS CONTRACTOR RESPONSIBILITIES 1. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements of Section 1860 of the Labor Code (Chapter 1000, Statutes of 1965), Contractor shall take out and maintain, during the life of this contract, worker's compensation insurance for all its employees employed at the site of improvement, and if any work is sublet, contractor shall require subcontractor similarly to provide worker's compensation insurance for all of the latter's employees. Contractor indemnifies City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance. 2. PUBLIC LIABILITY AND PROPERTY DAMAGES Contractor shall take out and maintain during the life of the contract comprehensive automobile and general liability insurance that provides protection from claims which may arise from operations or performance under this contract. The amount of the insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000. Contractor shall provide City with a certificate of insurance on City's form which evidences the required insurance. Refer to sample certificates last page of Section C. This certificate shall be submitted with the contract documents. The following endorsements must be indicated on the certificate: a. The City of Los .Alamitos, its elective and appointive boards, officers, agents, Contractors and employees are named as additional insureds in the policy as to the work being performed under the contract; b. The coverage is primary and no other insurance carried by the City of Los Alamitos will be called upon to contribute to a loss under this coverage; C. The policy covers blanket contractual liability; I The policy limits of liability are provided on occurrence basis; Documcnt W: 349 2.3 -1 38 19 • .':1 e. The policy covers broad form property damage liability; f. The policy covers personal injury, as well as bodily injury liability; g. The policy covers explosion, collapse and underground hazards; I The policy covers products and completed operations; i. The policy covers use on non -owned automobiles; and j. The coverage shall not be canceled nor materially altered unless thirty (3 0) days written notice is first given to the City of Los Alamitos. 3. LEGAL OBLIGATION Said Contractor, at its own cost, expense, and risk, shall defend any and all actions, suits or other legal proceedings which may be brought or instituted against the City or its principals on any such claim or demand arising out of Contractor's performance or subcontractor's performance. under this contract, and pay or satisfy and judgment that may be rendered against the City or its principals in any such action, suit or legal proceedings or result thereof. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment for damages to persons or property resulting from this operation or any operations of any subcontractor under him. 4. ASSIGNMENT OF CONTRACT Contractor shall under no circumstances assign this contract to another party without the express consent of the City Council. S. LABOR STRIKE It shall be the responsibility of the Contractor to provide continuous maintenance services, without any interruption, of all traffic signals in the City. In case of any labor strikes, the Contractor shall provide other means, at its own cost, to provide comparable continuous service as if there were no strike. Failing to do so will cause the City to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor. 6. FAILURE TO PERFORM If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of this Contract, the City, three (3) days after written notice to the Contractor, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost Document #: 349 2.3 -2 s 1 thereof from the payment then or thereafter due the Contractor; provided however, that the City Engineer of said City shall approve such action and certify the amount thereof to be charged to the Contractor. It is expressly understood and agreed that the Contractor herein named in the furnishing of all labor, services, materials and equipment and performing the work as provided in this contract is at the express consent of the City Council. 7. TERMINATION DURING CONTRACT PERIOD In the event that any of the provisions of this contract are violated by Contractor the City may terminate the contract by serving written notice upon the Contractor within ten (10) days, the contract shall cease and terminate. In the event of any such termination for the reason above mentioned, the City may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and its sureties shall be liable to the City for any excess cost occasionedin the event of any such termination, for other causes, authorized by law or other provisions of this contract. 8. PERFORMANCE AND PAYMENT BONDS The .Contractor shall secure the City of Los Alamitos for the faithful performance of its duties and payment of lawful obligations under this contract by means of a Faithful Performance Bond in the amount of $10,000 and a Labor and Materials Payment Bond in the amount of $20,000 - whereby-the City of Los Alamitos shall be made beneficiary thereof and all costs and premiums shall be paid by said Contractor. Said bonds will be Rimished on a year to year basis and shall be issued by a surety company rated Grade A or better and Class IX or better by the latest edition of Best's Key Rating Guide. 9. LAWS TO BE OBSERVED The Contractor shall keep fully informed of all existing and future State and National Laws and all Municipal Ordinances and regulations of the City of Los Alamitos which in any manner affect those engaged or employed in the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with and shall cause all agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, - and decrees, and shall protect and indemnify the City of Los Alamitos, the City Council, the, City Engineer, and all of its and their officers and agents and employees against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by contractor or its employees. If any discrepancy or inconsistency is discovered in the specifications or contract for the work in relation to any such law, ordinance, regulation order or decree the Contractor shall forthwith report the same to the City Engineer in writing. Document #: 349 2.3 -3 389• 10. LABOR DISCRIMINATION Attention is directed to the Labor Code which provides that no discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons and every contractor of public works violating this section is subject to all the penalties imposed for a violation of this chapter. 11. PERMTS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the contract. 12. PAS The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. 13. PUBLIC CONVENIENCE AND SAFETY The Contractor shall so conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with the current "Manual of Traffic Controls, Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways" published by the State of California, Department of Transportation, or as may be deemed necessary by the City Engineer to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof. 14. RESPONSIBILITY FOR DAMAGE The City of Los Alamitos, the City Council, or the City Engineer shall not be answerable or accountable, in any manner, for any loss or damage that may happen to the work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workers or the public; for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall indemnify and save harmless the City of Los Alamitos, the City Council, and the City Engineer from any suits, claims, or actions brought by any person or persons for or on account of any injuries or damage sustained in or arising from the construction of the work or in consequence thereof. The City may retain as much of the money due the Contractor as shall be considered necessary, until disposition has been made -of such suits or claims for damages as aforementioned. 1i Document M. 349 2.34 8 1 9 15. NO PERSONAL LIABILITY Neither the City Council, the City Engineer, nor any other officer or authorized assistant or agent, shall be personally responsible for any liability arising under this contract. 16. CONTRACTOR'S LICENSE The successful bidder, prior to award of the contract by the City Council, shall present his or her contractor's pocket license or certificate of licensure and provide a signed statement which swears, under penalty of perjury, that the pocket license or certificate of licensure presented is his or hers, is current and valid, and is in a classification appropriate to the work to be undertaken. Format for this statement is shown in Section B, Proposal. 17. PREVAILING WAGES a. The CITY OF LOS ALAMITOS has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the office of the City Clerk. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. b. The Contractor shall, as a penalty to the CITY OF LOS ALAMITOS, forfeit twenty - five dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by. Contractor or any subcontractor under Contractor) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. c. Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. d. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves thirty thousand dollars ($30,000.00) or more, or twenty (20) working days or more, or if contracts or subcontractors not bidding for work through the general or prime contractor are two thousand dollars ($2,000.00) or more, or five (5) working days or more. e. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and shall forfeit to the City as a penalty, the sum of twenty five dollars ($25.00) for each worker employed in the execution of this contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to Document #: 349 2.3 -5 3819 labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the public work. f. Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice or worker employed by contractor in connection with the public work, and agrees to insist that each of its subcontractors do the same. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or its representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et se q. in general. Document #: 349 2.3 -6 SPECIAL CONDITIONS 3.01 CONTRACT PERIOD The contract shall commence October 1, 2006 and shall expire September 30, 2009. 3.02 DESCRIPTION AND LOCATION OF WORK The work to be done consists in general of routine preventative maintenance and extraordinary maintenance of traffic signal systems, and highway safety lighting for locations that are the responsibility of the CITY of Los Alamitos. The locations where the work shall be performed are listed in Appendix A. The various locations in Appendix A may change as provided for in these Specifications. 3.03 ADMINISTRATIVE REQUIREMENTS a. Facilities. The CONTRACTOR shall have available and readily accessible all required tools, equipment, apparatus, facilities, skilled labor services and materials to perform all work necessary to maintain the traffic signal systems and highway safety lighting in a good workman -like manner. The CONTRACTOR shall also maintain a single local telephone number where he can be reached 24 hours a day, seven days a week. b. Personnel. The CONTRACTOR shall provide one full-time traffic signal maintenance technician for every fifty (50) signalized intersections of contract responsibility or fraction thereof. These maintenance technicians shall have, at a minimum, certification as a LEVEL II TRAFFIC SIGNAL TECHNICIAN issued by the International Municipal Signal Association (IMSA:). The certification must be held in good standing and shall be maintained current throughout the entire duration of the contract. Copy of certifications shall be provided with bid package. C. Requests for Service. The CONTRACTOR should anticipate receiving requests for maintenance services outside of the CONTRACTOR's normally scheduled preventative maintenance program. These requests for service may be received in various forms such as by telephone, FAX, written correspondence or by a CITY issued work order and may originate from various sources. The CONTRACTOR will maintain 24 hour response capabilities in order to effectively address and respond to requests for services. All requests shall be•addressed by an appropriate timely response as outlined in these specifications. Document #: 349 3.1 -I d. Response Criteria for Requested Services: Emergency Call -out and Routine. The CONTRACTOR will need to ascertain whether requested services are of an "emergency" nature requiring an immediate response or whether the request is general in nature requiring a routine response. Requests deemed to be "emergencies" shall be responded to immediately with all possible haste within two (2) hours of first notification. Routine requests shall be responded to within 24 hours of notification. The following events shall establish an'emergency condition and the following action shall be taken: Failure or malfunction of the traffic signal system or interruption of normal signal operations whether caused by damage from vehicle collisions, acts of God, civil disorder, malicious mischief or other similar circumstance. Under these conditions the CONTRACTOR shall immediately restore the traffic signal system to normal operation. In the event the failure, malfunction or interruption is caused by a power outage the CONTRACTOR shall: Respond to the location to ascertain the blacked -out condition; check with serving utility provider for an anticipated power restoration time; place the intersection in red flash and erect temporary stop signs on all intersection approaches (CONTRACTOR may then leave the intersection); continue monitoring the outage with the power company; return to the intersection once the power is restored; take down the temporary stop signs and return the intersection to normal operation. Note: on widespread outages, CONTRACTOR may not have sufficient stop signs for all affected intersections and will therefore only be required to erect temporary stop signs on the fringes of the power outage. Whenever any traffic signal indications at any location burn out such that less than two indications for any one direction of travel are functional the CONTRACTOR shall immediately replace the burned out lamps. Any appurtenant traffic signal equipment such as safety lights, traffic signal heads, illuminated or reflectorized street name signs affixed to the signal mast arm or pole, or other such devices reported to be knocked down, dangling, or otherwise creating a public safety hazard shall be immediately repaired or removed in order to eliminate the unsafe condition. Any equipment removed shall be promptly scheduled for replacement. Any requests received by the CONTRACTOR where the nature of the call is unclear because of incomplete or inaccurate information shall be treated as an emergency. All requests not deemed emergencies shall be treated as routine. Emergency calls which require the replacement of equipment will not require prior written approval of the CITY before such replacements are commenced. e. Traffic Signal Turn -Offs and Turn -Ons. The CONTRACTOR shall notify the Los Alamitos Police Department and City Engineer, or an acting representative, at least 48 hours in advance of any scheduled turn- off/turn -ons necessitated by the CONTRACTORS operations. The CONTRACTOR shall erect stop signs on each Documcnt #: 349 3.1 -2 3819. ,. approach of the intersection to provide all-way stop control while the traffic signal is turned off. The placement and removal of the temporary stop signs shall be completed while the signal is in a red flash condition. The CONTRACTOR shall make every effort to schedule shut downs only between the hours of 9:00 a.m. and 3:00 p.m. f. Standards. All work performed and electrical equipment supplied shall conform to the regulations and codes referenced in Section 86.1.02 of the current edition of the Standard Specifications of the State of California Department of Transportation (Caltrans). All work performed, equipment or parts supplied by the CONTRACTOR shall be subject to the inspection and approval of CITY, its City Engineer, or its authorized representative. g.. Spare Equipment. The CONTRACTOR shall own and maintain for CITY use spare equipment conforming to the requirements of these.Specifications as follows: One (1) eight phase, NEMA TS -1 and TS -2, CITY system compatible traffic signal controller per every fifty (50) signalized intersections of contract responsibility. One (1) NEMA Plus, 2 Channel Conflict/Voltage Monitor, and one (1) Malfunction Management Unit 04MLD per every fifty (50) signalized intersections of contract responsibility. One (1) TS -2 cabinet power supply and Bus Interface Unit (BIU) per every fifty (50) signalized intersections of contract responsibility. CONTRACTOR shall also be responsible for owning and maintaining spare inductive loop detector units of the type used throughout the contract intersections. Substitution of NEMA TS -2 equipment with NEMA TS -1 equipment will not be allowed. No permanent or temporary change of control mechanisms shall be done without prior approval of CITY. In the event a change is necessary to respond to an emergency, the CONTRACTOR shall notify CITY by telephone within 24 hours of the next working day that equipment was removed and replaced with approved spare equipment. h. Record Keeping and Reporting. The CONTRACTOR shall keep a current, permanent operational record of each and every piece of traffic control or safety equipment which the CONTRACTOR is required to maintain by this contract. These records shall be kept at each maintained location on a preventative maintenance record (PM) sheet or similar form approved by the CITY and shall include the date, time, description of device including all model, part and serial numbers, narrative of any deficiencies encountered, and a detail of any corrective action taken. Entries shall be made in indelible ink and shall be initialed by the technician making the entry. Document #: 349 3.1 -3 38 19 The CONTRACTOR shall keep one complete set of records for all locations noting all inspections and repairs completed. A separate daily log or diary for every person and vehicle employed on this contract shall also be maintained. Said log or diary shall fully describe the work or service performed by each individual or piece of equipment and show all chargeable time to this contract for every 24 -hour period. The CONTRACTOR shall submit reports covering one calendar month's activities by the fifteenth day of the month immediately following the reporting period. These monthly activity reports shall be submitted for the entire duration of this contract and shall include the following information: Location where service was provided; date and approximate time when service was performed; and reason for said service. Description of service and whether routine or emergency shall be noted. i. Testing. The CONTRACTOR shall have available adequate skilled personnel and proper laboratory testing facilities to perform inspection of controller mechanisms, including traffic signal controllers, conflict monitors, auxiliary equipment and traffic control appurtenances. All testing shall conform to the following: Most current NEMA Specification TS -1 and/or TS -2 (as appropriate); Section 86 -2.14, "Testing ", of the Caltrans Standard Specifications; The "Acceptance Test Manual Type 90 Traffic Signal Control System" published by the Caltrans Laboratory, April 1987 or latest edition. Copy of laboratory reports showing repairs to traffic control equipment shall be submitted to the CITY on an annual basis. j. Warranty Service. Newly installed traffic signal systems carry a one (1) year warranty provided by the manufacturer and/or the installing contractor. The CITY shall supply the CONTRACTOR with copies of all such warranties. During the warranty period, the CONTRACTOR is expected to coordinate warranty repairs with the appropriate manufacturer and/or installing contractor. The CONTRACTOR shall notify the CITY of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests. k. Payment for Administrative Requirements. Payment for "Administrative Requirements" and all its subsections shall be considered as included in the various items of work and no additional compensation shall be allowed therefore. 3.04 ROUTINE AND PREVENTATIVE MAINTENANCE OF TRAFFIC SIGNAL SYSTEMS The CONTRACTOR shall carry on a program of continuing comprehensive routine maintenance designed to eliminate or reduce the incidences of malfunctions, reduce operational complaints Document #: 349 3.1-4 1 9 and extend the useful life of the equipment. The program shall include but not limited to the following: a. Monthly Maintenance The CONTRACTOR shall perform the following services at each intersection of contract responsibility once per calendar month: 1) Clean the inside and outside of all controller assemblies and remove any foreign material, including graffiti. Replace and/or clean filters as necessary. 2) Check timing of individual signal phases and interval timing circuits for all timed devices in the assemblies. 3) Maintain an accurate chronograph and set all real -time clocks to the National Bureau of Standards (WWV) time. a. E (-4)- Check detector units and systems including but not limited to inductive loops and pedestrian push buttons for correct detection of both vehicles and pedestrians and adjust or repair as necessary to restore intended operations. This includes the splicing o re- icing) of detector loops. Cutting and installing new loops is considered extra work and will require prior approval by CITY before work is commenced. Walk all the approaches of the intersection and visually inspect all signal poles, mastarms, signal heads and indications (including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices, and verify the correct placement and/or operation. Any burned out indications or illuminated sign lamps_ shall be replaced. All traffic heads and pedestrian heads found to be out of alignment shall be properly aligned. Missing sign shall be replaced. Cracked or damaged loop sealants shall be re- sealed. All other equipmen ound missing or damaged shall be replaced or repaired. 6) Immediately correct all safety deficiencies found during routine inspections and schedule non - emergency work with CITY staff. 7) Check all traffic signal controller communications equipment (internal modems and/or interface modules) for proper operation and replace or repair as needed. The repair or replacement of traffic signal interconnect cables shall be extra work and will require prior approval by CITY before work is commenced. b. Traffic Signal Controller Assembly. The CONTRACTOR shall replace, repair, or otherwise render in good working order any and all defective traffic signal controller assemblies with like make and model assemblies as necessary to ensure the safe and Document #: 349 3.1 -5 3819 -..iii proper operation of said signal equipment. Solid state equipment shall be maintained according to the manufacturers specifications. Traffic signal controller assemblies that become obsolete or that deteriorate beyond repair should be removed from service. The CONTRACTOR shall report such conditions to the CITY along with sufficient evidence to support the replacement of the equipment. The replacement of the obsolete or unsalvageable equipment shall be at the discretion of the CITY and any approved replacements shall constitute extra work. C. Equipment Service Intervals. CONTRACTOR shall test all NEMA Conflict Monitor Units (CMU) and Malfunction Management Units (1vM4U) at all traffic signals at least once every twelve (12) months. Testing of all CMU and MMU equipment shall be completed with the use of an automated testing device with the test results printed on a report that is to be maintained in the signal cabinet at all times. An additional copy of this report shall be provided to the CITY for filling. Non -NEMA CMUs shall be tested manually for all fault conditions with the test date, test time, and the name of the technician responsible for conducting the test recorded on the routine preventative maintenance activity form. The printed report containing the test results shall, at a minimum, include the following information: Report header with type of monitor tested and date tested; agency identification; monitor identification including manufacturer, model, and serial number; related test information including operator, test site, and intersection location; and monitor verification with a description of type of tests performed and conditions found (i.e. failure or non - failure). d. Signal Lamps. The CONTRACTOR shall furnish and replace all signal lamps, and programmed visibility-lamps that burn out. All signal lamps, except those lamps used in programmed visibility heads, shall be group re- lamped at - all maintained locations within ninety (90) days of the award of this Contract and at least once every twenty -four (24) months thereafter, or when an 80 percent depletion curve is reached. A schedule for re- lamping shall be submitted to the CITY for approval within the first month of each contract year. The CONTRACTOR shall clean and polish all lenses and reflectors, align signal heads and adjust all mastarm mounted street name signs at the time of re- lamping. All signal lamps, except those for programmed visibility heads, furnished by the CONTRACTOR shall be standard traffic signal lamps manufactured by Duro -Test Corporation, no substitutions will be allowed. For programmed visibility heads the CITY shall compensate the CONTRACTOR for the replacement cost of the burned -out sealed beam traffic signal lamp only. e. Highway Safety Lighting and Illuminated Signs. The CONTRACTOR shall perform the following services at each intersection of contract responsibility once per calendar month: Document #: 349 3.1-6 J J I • .t ;.1 d Check all safety lighting, illuminated street name signs, and illuminated traffic sign systems for proper operation and provide a report to the CITY detailing locations that require corrective action. The field inspections shall be conducted at night unless the electrical service is of the type that permits daytime inspection (i.e. photoelectric control is at the service panel rather than on the light fixture). The CONTRACTOR shall fitrnish and replace all safety lamps, illuminated street name sign lamps and illuminated traffic signn lamps that burn out; any inoperative starter boards or photoelectric controls and any damaged and/or knocked down safety light assemblies; and any damaged and/or knocked down illuminated street name signs. Furnishing replacement lamps, assemblies, equipment, illuminated street name sign fixtures and/or street name panels shall be considered extra work and will require prior approval by CITY before work is commenced. f. Signs. The CONTRACTOR shall repair or furnish and replace any damaged or missing traffic control signs or pedestrian push button plates affixed to -any signal mastarm or pole. g. Painting of Equipment. The CONTRACTOR shall clean, primer, and repaint all controller cabinets, services, signal heads, back plates and visors within the first year of this contract with the appropriate colored paint as specified by the CITY. For non- painted aluminum cabinets and services painting will not be required. Second or additional paintings shall constitute extra work and shall require prior approval by CITY before work is commenced. The following list of intersections W11 not require painting of cabinets, services, signal heads, back plates and visors during this contract. Katella Avenue at: City Hall/GTE Entrance Walnut Street/Wallingsford Road Los Alamitos Boulevard Cherry Street Bloomfield Street Lexington Drive Noel Street Winners Circle Los Alamitos Boulevard at: Sausalito Street h. Payment for Routine and Preventative Maintenance of Traffic Signal Systems. The CITY will compensate the CONTRACTOR monthly at the unit price bid per intersection for "Routine and Preventative Maintenance of Traffic Signal Systems" and no additional compensation shall be allowed therefore; except for those specific items identified as extra work which will be compensated as set forth in these specifications. Said compensation shall include all services rendered, labor, materials, equipment, overhead and profit. Document #: 349 3.1 -7 9 3.05 NEW INSTALLATIONS During the course of this contract the CITY may add or delete facilities to be maintained from the original list in Appendix A. The CONTRACTOR shall commence and/or terminate services immediately at all locations identified in writing by the CITY. The CONTRACTOR shall be compensated an appropriately prorated amount as per the various bid items for work resulting from mid - billing cycle notifications of additions or deletions. 3.06 SALVAGED OR DAMAGED EQUIPMENT Salvaged or damaged equipment shall become the property of the CONTRACTOR unless directed otherwise by the CITY. 3.07 EXTRA WORK a. Extraordinary Maintenance. Extraordinary maintenance includes all the labor and materials necessary to ensure the safe and efficient operation of the CITY'S traffic signal and highway lighting systems that goes beyond the normal routine and preventative maintenance programs established by these Specifications. Generally, extraordinary maintenance involves the replacement of equipment damaged by acts of God, civil disorder, vehicle collisions or vandalism, but such replacements may also stem from obsolescence or other unusual factors. The following list identifies the most common items of extra work. 1) Furnish and install replacement signal poles and/or mastarms. 2) Furnish and install replacement signal heads. 3) Furnish and install replacement cabinet assemblies. 4) Furnish and install replacement signal interconnect cables. 5) Furnish and install replacement signal controller assemblies. 6) Furnish and install replacement illuminated street name sign fixtures and sign panels. 7) Additional repainting of equipment. 8) Furnish and install replacement flasher assemblies. Document #: 349 3.1 -8 3 8 19 •e 9) Cut and install replacement detector loops. 10) Furnish and install replacement incandescent pedestrian indication assemblies. 11) Furnish and install replacement highway lighting assemblies, starter boards or photoelectric controls. 12) Emergency call-out response. b. Work Authorization. All extra work, except for emergency repairs as provided for in these Specifications, shall require prior written authorization from the CITY. The means of the authorization shall be, primarily, a signature on a CONTRACTOR furnished Damage Report that will be returned to the CONTRACTOR either via facsimile or through the mail, however, verbal authorization may be sufficient for certain work items. All items of work outlined in said Damage Report, and authorized by the CITY, shall be completed by the CONTRACTOR to the CITY'S satisfaction within fourteen (14) calendar days unless specifically directed otherwise by the CITY. Should the CONTRACTOR be unable to complete the extra work within the specified time, the CONTRACTOR shall submit to the CITY a written explanation for the delay and an anticipated completion date for said work. 1) payment for Extra Work. The CITY will compensate the CONTRACTOR monthly for "Extra Work" an amount based on the unit price bid for the various items of Extra Work or, for items without unit bid prices, an amount based on the actual cost of the time and materials expended on said items. Document H; 349 3.1 -9 3819.,, APPENDIX A Document #: 349 3.1 -10 3819•0.0,jt APPENDIX A SIGNALIZED INTERSECTIONS The Contractor shall maintain the signal facilities as defined herein at the following locations: No Location Controller Master Spec. Thterconned Katella Avenue at: 1 City Hall/GTE Entrance Ecnit. ASC /2 TS2 2 Walnut Street/Wallingsford Road Ecnit. ASC /2 TS2 3 Los Alamitos Boulevard Ecnit. ASC /2 TS2 6 PAIR 4 Cherry Street Ecnit. ASC /2 TS2 CABLE 5 Bloomfield Street Ecnit. ASC /2 TS2 6 Lexington Drive Ecnit. ASC /2 TS2 7 Noel Street Ecnit. ASC /2 TS2 8 Winners Circle Ecnit. ASC /2 TS2. Cerritos Avenue at: 9 Los Alamitos Boulevard Ecult. ASC /2 TS1 6 PAIR 10 Los Alamitos High School Ecnit. ASC /2 TS1 CABLE 11 Humbolt Street Ecnit ASC /2 TS1 12 Bloomfield Street Ecnit. ASC /2 TS1 Los Alamitos Boulevard at: 13 Sausalito Street Ecnit. ASC /2 TS2 14 Farquhar Avenue IDC 390 TS1 6 PAIR 15 Orangewood Avenue Ecn1t, ASC /2 TS2 CABLE 16 Rossmoor Way Ecnit. ASC /2 TS2 17 Bradbury Road IDC 390 TS1 18 Florista Street Ecnit. ASC /2 TS2 Bloomfield Street at: 19 Carbon Creek Channel Fix Timer NONE 20 KaylorBall Ecnit. ASC /2 TS2 SIGNALIZED INTERSECTIONS The Contractor shall maintain the signal facilities as defined herein at the following locations: Document #: 349 3.1 -I1 Traffic Si als 1. Katella Avenue & City HaWGTE Entrance 2, Katella Avenue & Walnut StreetlVJallingsford Road 3. Katella Avenue & Los Alamitos Boulevard 4. Katella Avenue & Cherry Street 5. Katella Avenue & Bloomfield Street 6. Katella Avenue & Lexington Drive 7. Katella Avenue & Noel Street 8. Katella Avenue & Winners Circle 9, Cerritos Avenue & Los Alamitos Boulevard 10. Cerritos Avenue & Los Alamitos High School 11. Cerritos Avenue & Humbolt Street 12. Cerritos Avenue & Bloomfield Street 13. Los Alamitos Boulevard & Sausalito Street 14. Los Alamitos Boulevard & Farquhar Avenue 15. Los Alamitos Boulevard & Orangewood Avenue 16. Los Alamitos Boulevard & Rossmoor Way 17. Los Alamitos Boulevard & Bradbury Road 18, Los Alamitos Boulevard & Florists Street 19; Bloomfield Street & Carbon Creek Channel 20. KaylorBall Document #:349 3.1 -12 38 1 9 • f. 044 Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full Actuated Full- Actuated Full- Actuated Full- Actuated Full Actuated Non Actuated