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07-0417_COMPUTER SERVICE COMPANY_Maintenance Agreement
MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this/clay of April 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Computer Service Company, hereinafter referred to as "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal for maintenance of traffic signals and appurtenance, traffic signal interconnect, flashing beacons, safety lights and in-pavement lighted crosswalks in the City of San Juan Capistrano; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. The term of this Agreement shall be for the period from July 1. 2007 to and including June 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be as set forth in Exhibit 'A" attached and incorporated herein by reference. 0 0 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit 'A," attached and incorporated herein by reference. Included within the compensation are all of the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal. 3.3 Method of Payment. Contractor shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. 3.4 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent Contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its sub-Contractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any sub-Contractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. 0 Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; and (2) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 9. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 10. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Contractor's professional services. Section-11. Indemnity. Contractor agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Contractor arising out of or in connection with the work, operation or 0 activities of Contractor, its agents, employees and sub-Contractors in carrying out its obligations under this Agreement. Section 12. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 12.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $5,000,000 property damage; $5,000,000 injury to one person/any one occurrence/not limited to contractual period; $5,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 12.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: $5,000,000 property damage; $5,000,000 injury to one person/any one occurrence/not limited to contractual period; $5,000,000 injury to more than one person/any one occurrenceinot limited to contractual period 12.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Contractor's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 12.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 12.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 13. Termination. City and Contractor shall have the right to terminate this Agreement without cause by giving ninety (90) days' advance written notice of termination to the other party. In the alternative, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 14. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Alan Oswald, Senior Engineer-Traffic To Contractor: Computer Service Company 210 N. Delilah Street Corona, CA 92879 Attn: Justin Cataldo, Operations Manager Section 15. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 16. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Sl fi Dave Adams, City Manager CONTRACTOR By: J JMareR. onaha , y lerk APPROU' D AS TO FORM: JohT Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO PROPOSAL SHEET ROUTINE MAINTENANCE MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS,SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS INKY M1109AM=ffn Routine inspection, preventive maintenance, 34 $ _ $ 1 and repairs of traffic signals. Traffic 70 Z3$v Per intersection, per month: Signals Each Monthly Routine inspection, preventive maintenance, 2 $ $ 2 and repairs of flashing beacons Beacons / S- - 3 c> '— Per location, per month: locations Each Monthly Routine inspection, preventive maintenance, 131 $ $ 3 and repairs of safety tights 3 s, sv Per light, per month: Lights Each Monthly Routine inspection, preventive maintenance, $ $ 4 testing, and repairs of in-pavement lighted 2 j Q crosswalk installations Location Per location, per month Each Monthly Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside marked limits of work. No compensation will be allowed for disposing of rejected or excess material. Contractor shall note that the Award, if any, of this contract will be to the most responsible proposer per the selection criteria. The City reserves the right to reject all proposals. In case of discrepancy between unit and total price, the unit price shall prevail. EXHIBIT A SP-23 CITY OF SAN JUAN CAPISTRANO PROPOSALSHEET EXTRAORDINARY MAINTENANCE MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS,SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS The description of extraordinary maintenance is provided per the provision of the scope of work. Signal Maintenance Superintendent $ 73- - $ y/,q Signal Maintenance Technicians $ 6 S 1s- $ Field Traffic Signalman $ S-z' Laborer $ Z/5r- $ p �s Painter $ ye �5 $ Engineer Technician $ 75- - $ / Z s_ Interconnect/Communications Specialist(Econolite FSK) $ S- - $ Zz L s o Fiber Optic Specialist $ / 35' - $ 2_61- z34 Flex Lift(Hydraulic Boom) $ 7-fs 5Z Pickup Truck $ 15;- Service Truck $ 25- - Service Ladder Truck $ y Boom Ladder Truck(Man Lift) $ y� sti Concrete Saw and Water Truck $ ZU - Compressor with Tools $ /5 Major upgrade of existing controller cabinet(excluding controller)such as painting,wiring,auxiliary equipment 2 upgrades including rack-mounted detection. Type III service 5 $ 3 3 0_ $ IE Svc. Replacement of shelf-mounted detectors with rack- mounted (estimate based on the replacement of 12 5 $ 266c, $/3ooa detectors Operation and certification testing of new cabinet and controllers and appurtenances (work shall be in 2 $ Sot, — $ 1604) - accordance with State of California testing procedures) SP-24 x`9't""e' 5mGf.. ax Irv� �� lZoiFeo e del k S r �.J.�- w C E� fifL -�`(v �r o)f ti�511w?.t yLEY...,.;,ns-`��i�i•o€ <w..L': �. .r�'����nSz.i-_,..ss .a.xf °�F76d.FJ,l.1���,.,]1.....� C,� �.i�f�W�%�=i Replace 12" red ball LED display Replace •• ball LED display © ® Replace 12" red arrow LE#LdLv_ Jay_ Replace i red arrow LED display ©� Replace ball LEI,display ReplaceReplace S" yellow ball LED display ► • / display Replace 8" yellow arrow LED display Replace 12" green ball LED display Replace 8"green ball LED display Replace green arrowdisplay Replacegreen arrow1 display ( `.yam E pFj -C�-SY�,..4k �to alllf�.ii�` Mi ,(..,�.. ,..:::✓v>:..�....c.Ft-:; t3.z:_ _.u� - ra a _3:c �E.��-A!.�14L.�.�._ _zsf .;.,L, ut,3:�t 3 Replace pedestrian push button signing _ 6' round three- or four-turn Type E loop riptertorz Video detection camera �,,��qqi 'Cry,V �� 'c�S '*K `tc Back-up unit mdv 4. .<• ,.E+$ z t 4 INN t �yytyy 11. f k 1. + �+w i 1 7 7r C'�:k•�J �6+ E E IS d � a LL t r z, tall z_''.~s tVt.�.,&�sT�ti�J.LS.,.,+].z,�_''rs<'r„li,....>�;;a� 5< s...x_k .a3�e,yr•�a t° €E � ',` .�eC�,,.s,.,.,um.. c,...�..c'z Furnish&install 2"conduit with pull boxes and pull rope Bore under sidewalk/street 1,000 $ - $ 1- Trenched in dirt 1,000 $ / -7 Wheeled in asphalt 1,000 $ 3 $ Furnish&install 3"conduit with pull boxes and pull rope M dewalk/street 1,000 $ 6 s"`' $dirt 1,000 $ Z 1 $sphalt 1,000 $ 4173o $ 5/73ce Furnish & install interconnect/fiber optic cable(s) 6 pair cable 500 $ 3 as $ c'- 12 pair#22 cable 1,000 $ z $ Z 3 o u 25 pair#22 cable 2,500 $ 3 ^S $ 24-strand fiber optic cable pulled with copper pairs (Note: price should be the additional cost to pull with 2,500, $ $ 3/ZS standard cable 24-strand fiber optic cable only 500 $ z z $ Furnish & install pullboxes or splice pedestals #5 pullbox 10 $ /17S— - $ //7Sb #6pullbox 10 $ 53�^ ' $ Splice pedestals with locks 10 $ ( 'La - $ i 76on Furnish & install termination/connector equipment in slice edestals Terminal block for#22 cable 10 $ c/g-U — $ I/j 0 c " Terminallfusion box for 24-strand fiber optics 10 $ 50c" $ ovv Interconnect/fiber cable connections including verification of 2122ra tion 6/12/25 pair#22 connections 20 $ / ,3 s' $ L7oo 24-strand fiber optic cable terminations/splice 20 $ 1000 l $ 7o p0 a f Interconnect/communications troubleshooting 100 $ Z7„ $ Z7c ac> Fiber optic troubleshooting 40 $ S yo $ Z/d vc SP-26 ' - Repair In-pavement Lighted Crosswalk V///A in-pavement Lighted Crosswalk I $ Furnish and install new In-pavement Lighted The City shall pay to the contractor for materials used in extraordinary maintenance the contractor's cost from the supplier plus n0t-to`eXceed2UY6noark'up. The contractor shall provide hzthe City Engineer supplier's invoice price. All extraordinary maintenance service costs are estimates for purposes of budgeting and establishing rates for specific work task during the year. The quantity 0fwork iunot guaranteed, it may increase or decrease depending on the required work and subject to the authorization by the City. SP-27 CITY OF SAN JUAN CAPISTRANO CALIFORNIA REQUEST FOR PROPOSALS ("RFP") FOR MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS IN-PAVEMENT LIGHTED CROSSWALKS AND SAFETY LIGHTS PREPARED BY: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 (949) 443-6356 CITY OF SAN JUAN CAPISTRANO CALIFORNIA REQUEST FOR PROPOSALS FOR MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT,FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS Approved by: / /,:J-- Date: 171--7106 Nasser Abbeszadeh, P.E. City Engineer 2 CITY OF SAN JUAN CAPISTRANO NOTICE OF REQUEST FOR PROPOSALS MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS NOTICE IS HEREBY GIVEN that the City of San Juan Capistrano, as AGENCY, invites sealed proposals for furnishing all labor, materials, equipment, transportation and such other facilities as may be required to perform annual contract services providing the Maintenance Agreement for Traffic Signals and Appurtenances, Interconnect, Flashing Beacons, Safety Lights and In- pavement Lighted Crosswalks in the City of San Juan Capistrano for the period of April 1, 2007,to June 30,2010. The City requests proposal be received by the City of San Juan Capistrano,32400 Paseo Adelanto, San Juan Capistrano,California 92675,by 10:00 a.m.,Tuesday,January 23,2007,in the office of the City Engineer. Each proposal should be in a sealed envelope clearly marked with the name of the proposal subject and the name of the proposer_ If the proposal is mailed to the City Engineer, the sealed envelope should be placed within a mailing envelope,which should be marked in such a fashion as to indicate that it contains a sealed proposal. It shall be the sole responsibility of the contractor to see that the proposal is received in proper order. Proposal forms and scope of work to be used for this project can be obtained at the office of the City Engineer, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, upon a non-refundable payment of $20.00 per set ($2500 per set if mailed). Related records and other contract documents may also be examined at the office of the City Engineer of the City of San Juan Capistrano. The City reserves the right not to consider any proposal if it is not made per the format specified by the City including the use of City-furnished forms. The City of San Juan Capistrano will evaluate the proposal per the described evaluation criteria and reserves the right to reject any or all proposals and/or waive minor irregularities or any informality on a proposal. Dated this Z-7-'-day of 12 , 2006 By: Nasser Abbaszacfeh, City Engineer 3 CITY OF SAN JUAN CAPISTRANO INSTRUCTIONS TO PROPOSERS MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS 1. GENERAL INFORMATION A. Background The City of San Juan Capistrano operates and maintains approximately 34 traffic signals equipped with Econolite ASC8000, ASC/2-2100, ASC/2S-2100 and ASC/3-2100 controllers. All these intersections are currently connected to two ASC/2M Traffic Signal Zone Masters through a combination communication system of telephone drops and City-owned twisted pair copper interconnect cable. B. Proposal Overview 1. Proposals shall be submitted in an 8/z' by 11" format (foldouts are acceptable) including City-provided forms. 2. Submit three (3) copies of the proposal. 3. Proposals must be in sealed envelopes with "Maintenance Agreement for Traffic Signals and Appurtenance, Interconnect, Flashing Beacons, Safety Lights and In-Pavement Lighted Crosswalks" printed on the outside. Please note special handling of proposed fees per Item 2E, Proposed Service Fees. We request the Proposal be received by the office of the Engineering & Building Department, City Engineer, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, no later than 10:00 a.m., Tuesday, January 23, 2007. The proposal shall be signed by an official authorized to bind the firm. If the proposal is made by an individual, his 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 charted and the names, titles and business addresses of the president, secretary and treasurer. 4. The successful Proposer will be expected to enter into an agreement for services in substantially the same format to the sample Maintenance Agreement attached to this RFP request. SP-4 0 2. PROPOSAL FORMAT The following is a list of items that must be included as a minimum within the submitted proposal. A. Scope of Work Present your concept for providing a comprehensive, Citywide traffic signal maintenance program and related support services as described in the enclosed scope of work. Include a discussion regarding the range of tasks and services provided by your company. Clearly describe the work methodology and specifically identify items which are not included. Respondents are encouraged to recommend supplementary alternatives or tasks that may reduce the costs to the City and/or enhance the overall quality of the work product. Identify any items assumed to be provided by the City. Required Attachment - Summarize on a separate sheet the specific tasks to be performed by the technician each month per the provisions of routine maintenance, noting other maintenance performed at other intervals (i.e., six months). This will be used as an exhibit in the contract. B. Personnel and Qualifications This section shall identify individuals whp will be assigned to the City of San Juan Capistrano, their job titles, and the percentage of their work hours dedicated to the City of San Juan Capistrano. Also include a brief statement of their job description, qualifications (including IMSA certifications), and previous job-related experience with traffic signal maintenance or other required specialties such as interconnect/fiber optics. Identify the primary contact with the City during the contract period and the level of their authority. Required Attachment - A summary list of personnel including job titles and percentage of work hours assigned to City of San Juan Capistrano. An example format is provided in the Proposal section of this Request for Proposal. This will be used as an attachment to the contract so any changes in personnel or job assignments shall be submitted in writing to the City per the terms of the contract. C. References List a minimum of five (5) recent (within the past three years) city clients for whom similar or comparable services have been performed. Include the name of agency, mailing address, contact name, and telephone number. An example format is provided in the Proposal section of this Request for Proposal. References will be contacted with a request to rate the quality of the firm's service on a scale of 1 (unacceptable) to 10 (outstanding). SP-5 D. Questionnaire A completed questionnaire provided in the Proposal section of this Request for Proposal shall be submitted per the City's form with attachments as required. E. Proposal Fees Proposed The forms provided in the Proposal section of this Request for Proposal shall be used. The City of San Juan Capistrano will open the service fee proposal for the contractor that best meets the evaluation criteria and reserves the right to review and negotiate the final fee or range of services. In the event a mutual agreement on the fees or range of services cannot be reached, the next most qualified firm may be selected subject to the same terms. F. Other Required Forms Proposal Affidavit - Contractor shall complete this form (provided in the Proposal section of this Request for Proposal) indicating the name of contractor, address and whether contractor is an individual, partnership or corporation (provided in the Proposal section of this Request for Proposal). It shall be signed by the individual, a partner, or an officer of the corporation empowered to execute contracts for the corporation. Annual Intersection Service Report/Monthly Record of Activities/Controller Cabinet Log — The Proposer shall submit a sample of the Annual Intersection Service Report, Citywide summary or monthly record of activities and the cabinet log forms to be placed in each controller cabinet in conformance with the requirements of these specifications. This shall be subject to the review and approval of the Director of Engineering & Building. Any required revisions to the format as directed by the City shall be the responsibility of the selected contractor. 3. AWARD OF CONTRACT The award of the contract will be made to the best qualified Proposer in the judgment of the City based upon application of criteria as set forth in this RFP. 4. EXAMINATION OF SPECIFICATIONS AND AFFECTED EQUIPMENT The proposer is required to examine carefully the conditions of the City's signalized intersections and the scope of work contemplated, and it will be assumed that the proposer 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 proposer has made such examination. SP-6 0 0 5. INSURANCE REQUIREMENTS The Proposer shall satisfy general liability insurance requirements as set forth in the sample Agreement for Services attached to this RFP. 6. SELECTION CRITERIA The successful Proposer shall be chosen based upon the application of the following set of criteria: A. Ability of the firm to perform the specific tasks outlined in the Request for Proposal based on the descriptions as submitted in scope of work and responses to the questionnaire. B. Qualifications of the specific individuals who will be significantly involved in the project and their familiarity with traffic signal maintenance/operation, interconnect, and City procedures. C. Amount and quality of time that key personnel will be involved in their respective portions of the project as established by the information provided. D. Demonstrated record of success by the firm on work previously performed for the City of San Juan Capistrano and/or other municipalities. E. Degree of responsiveness with regard to the contractor addressing the items listed in the Request for Proposal. F. Costs as outlined in the Proposal Sheets for Routine Maintenance and Extraordinary Maintenance. The City may at its discretion schedule interviews with the representatives of each firm to review the contents of their proposal and meet proposed supervisory staff. Firms proposing may be required to present satisfactory evidence that they have been regularly engaged in the business of traffic signal maintenance,or are reasonably familiar with this work and are fully prepared with necessary capital, material, and machinery to complete the work, and/or contracted services capable of completing the work to the satisfaction of the City. This Request for Proposals is not subject to the formal bid process applicable to public works construction projects. SP-7 MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and hereinafter referred to as "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal for maintenance of traffic signals and appurtenance, traffic signal interconnect, flashing beacons, safety lights and in-pavement lighted crosswalks in the City of San Juan Capistrano; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scone of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. The term of this Agreement shall be for the period from April 1, 2007 to and including June 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be as set forth in Exhibit 'A" attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit 'A," attached and incorporated herein by reference. Included within the compensation are all of the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal. 3.3 Method of Payment. Contractor shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. 3.4 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent Contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its sub-Contractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any sub-Contractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; and (2) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 9. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest•shall be employed by or associated with Contractor. Section 10. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Contractor's professional services. Section 11. Indemnity. Contractor agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions 0 0 committed by Contractor arising out of or in connection with the work, operation or activities of Contractor, its agents, employees and sub-Contractors in carrying out its obligations under this Agreement. Section 12. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Bests Guide Rating of A- Class VII or better. 12.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $5,000,000 property damage; $5,000,000 injury to one person/any one occurrence/not limited to contractual period; ' $5,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 12.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: $5,000,000 property damage; $5,000,000 injury to one person/any one occurrence/not limited to contractual period; $5,000,000 injury to more than one person/any one occurrence/not limited to contractual period 12.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 0 0 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Contractor's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 12.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 12.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 13. Termination. City and Contractor shall have the right to terminate this Agreement without cause by giving ninety (90) days' advance written notice of termination to the other party. In the alternative, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 14. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Alan Oswald, Senior Engineer-Traffic To Contractor: Attn: Section 15. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 16. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: CONTRACTOR By: ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO SPECIAL PROVISIONS MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS 1. GENERAL The contractor shall furnish all tools, equipment, apparatus, facilities, labor, services and material, and perform all work necessary to maintain in a good and workmanlike manner traffic signal facilities in accordance with the proposal and the defined scope of work. 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 facilities in good workmanlike manner. The contractor shall be equipped with spare parts sufficient to return a defective signal to operation following ordinary trouble calls. The contractor shall have on-hand at least one (1) spare NEMA system-compatible controller, and monitor for every twenty-five (25) intersections within the City area. The contractor shall provide at least one (1) full-time technician for each fifty (50) maintained signals or flashers. As a minimum, these technicians shall have certification of Level II or higher Traffic Signal Technician from the International Municipal Signal Association (IMSA). Skilled laborers can make hardware repairs under the direct supervision of the technician. The City reserves the right at all times to concur with the contractor's assignment of personnel to the City. If appropriate, the contractor shall replace any personnel assigned to the City whose performance is considered unacceptable by the City or the standards established per the proposal. 2. SPECIFICATIONS All signal work shall be performed in accordance with the current Standard Plans and Section 86 of the Standard Specifications for the State of California, Department of Transportation and the current City Standard Plans. All work performed or equipment or parts supplied by contractor shall be subject to the inspection and approval of the City, its Director of Public Works, or his authorized representative. Failure to pass inspection on any maintenance, repair and service item will result in non-payment for that item until such time as the contractor can present the item to the City in acceptable form. All identified City intersections per this agreement shall be regularly patrolled by contractor or his representative. SP-8 The contractor shall have available adequately skilled personnel and proper lab testing facilities to perform inspection of new controller mechanisms including controller units, auxiliary equipment, and traffic control appurtenances. All testing and test facilities shall conform to State of California, Department of Transportation (Caltrans) current specifications for NEMA controllers. 3. ADDITIONS TO SYSTEM Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the City. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the contractor is notified. 4. MAINTENANCE RECORDS Contractor shall maintain a record of all service calls and work performed upon the signal equipment listing dates, hour of day, and description of work or work performed. A copy of such record shall be maintained at all times within the controller cabinet at each signal location. A summary log sheet giving a brief description of all routine and extraordinary maintenance activities shall be attached to each associated monthly invoice. Invoices will not be paid until the summary has been received. .Contractor shall also be responsible to maintain copies of City records for performing the required underground marking of facilities including, but not limited to, traffic signal and interconnect plans. The contractor shall also note any corrections to these records or location of traffic signal facilities that have been identified by contractor for future use. Copies of these updates to the records shall be transmitted to the City with the monthly invoices. 5. NOTIFICATION Contractor shall notify the City Engineer or his authorized representative by telephone within twenty-four (24) hours of the next business day regarding alterations of the operation of any signal or the installation/removal of any substitute controller or component. 6. SHUT DOWNS Contractor shall notify the San Juan Capistrano Sheriffs Department and the City Engineer or his authorized representative of any signal turn-offs or turn-ons necessitated by his operations and shall not make said turn-offs or turn-ons until a police officer is present or unless given permission to proceed without police control by the City Engineer or his authorized representative. SP-9 7. TYPES OF SIGNALS The proposed prices for both the routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the contract. 8. COMPENSATION FOR MAINTENANCE City will compensate contractor for routine maintenance at the contract lump sum price per signalized intersection, flashing beacon or highway safety light per month. Said compensation shall include all labor, materials, equipment, overhead and profits for routine service shall be included in the price proposal, per intersection, per month, and no extra compensation will be allowed. Extraordinary maintenance shall be billed at the established rates per the approved contract and shall include all labor, materials, equipment and profit. All items not covered shall require a negotiated price and approval by the City Engineer or his authorized representative. All extraordinary maintenance requires an authorization prior to beginning the work. City reserves the right to separately bid extraordinary maintenance work in the event a negotiated price cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current contract. 9. ROUTINE MAINTENANCE The contractor shall provide a continuing, comprehensive, routine maintenance program designed to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the equipment. The price proposed for routine maintenance for traffic signals and flashing beacons shall include, but not be limited to, preparation of the "Annual Service Report", the monthly inspection and cleaning of cabinets with the repair/replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City's signal interconnect or fiber optic system, vehicle LED and pedestrian indication replacements (labor), rewiring and lamping to maintain existing operation. Contractor shall maintain a local telephone number where the supervisors and assigned maintenance personnel can be reached twenty-four(24) hours per day with personnel authorized to dispatch emergency maintenance requests. This telephone number shall be made available to all persons designated by the City. A. Annual Service Report The Contractor shall provide to the City a separate "Annual Intersection Service Report" for each intersection listing routine and extraordinary maintenance and work performed for the previous twelve months. The report shall cover the time period from January 1st to December 30th. The SP-10 report should be provided to the City within 45 days after the end of the report period. B. Monthly Inspection Contractor shall inspect, clean, adjust and make a routine inspection of each controller unit once per month per the dpproved proposal. Contractor agrees that he will maintain a record in each controller showing the date and time checked. Controllers shall not be replaced, except for repair, without prior approval of the City. The routine maintenance proposal price for safety lights shall include at least one night-time inspection each month with replacement lamps as required in addition to the timely replacement of burned-out lamps as reported or observed. C. Repair and Replacement' Contractor shall replace or repair any and all parts of the signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned-out lamps, detector loops, video detection cameras and/or units, push buttons, sensing units and wiring system, communication internal modems and/or interface units, unless the failure or malfunction falls in the category of extraordinary maintenance as defined in this Request for Proposal. The contractor shall complete all work within a timely manner notifying the City within twenty-four (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs. D. In-Pavement Lighted Crosswalks Contractor shall inspect and test each lighted crosswalk location on a weekly basis and report any malfunctions or deficiencies observed to the City in a timely manner. Maintenance shall include cleaning of lenses and housings on a quarterly basis. Equipment shall be repaired and/or replaced according to the provisions of payment for extraordinary maintenance. D. Loop Detector Replacement Once it is determined by the City that the saw cut has deteriorated to a point that applying more sealant is insufficient, the loop detector shall be replaced at the proposed price stated in the proposal per extraordinary maintenance. SP-11 E. Lamps and Lighting Contractor shall furnish and replace all standard signal lamps, program visibility lamps and safety lighting lamps at all traffic signals and flashers based upon an 80% depletion curve, but in any event all lamps, except incandescent yellow, shall be group re-lamped at least once every twelve (12) months with the exception of safety lights which shall be once every twenty-four (24) months. Incandescent yellow lamps shall be replaced on an "as-needed" basis. A schedule for re-lamping shall be submitted to the City Engineer for approval within the first month of each contract year with a final report showing the date re-lamping started and the date of completion prior to the end of the contract year. At the time of re-lamping, Contractor shall also clean all LED modules with a method which prevents or minimizes lens scratching, test for luminance and report any that fall outside acceptable levels according to the specifications. All incandescent lamps for traffic signal units shall be Sylvania Super Saver or Duro Test Watt Saver or an equivalent approved by the City Engineer. Programmed visibility lamps shall be per the manufacturer's recommendation. Safety lighting shall be replaced with the equivalent per the existing lamp. Contractor shall clean and polish all lenses and reflectors, align signal heads and adjust all mast-arm-mounted street name signs for all traffic signals within the City at the time of re-lamping. The monthly routine maintenance proposal price shall include lamp replacement of burned-out lights as needed in addition to the contractor's annual replacement of all lamps. LED modules and pedestrian indication replacement modules (equipment only) are billed under extraordinary maintenance. F. Air Filters Contractor shall replace the air filter elements in all cabinets so equipped every six (6) months in accordance with the schedule contained in this Request for Proposal. G. Conflict Monitors Contractor shall test conflict monitors using the PCMT-2500 conflict monitor tester on an annual basis. Contractor shall supply a report for each test conducted. The test shall be conducted utilizing a replacement monitor (like kind)to monitor the intersection while the test is being conducted. The testing shall take place on a schedule approved by the City Engineer. Testing of conflict monitors shall be included in the lump sum proposed for routine maintenance. Any conflict monitor that does not pass the test shall be repaired or replaced. SP-12 H. Battery Back-up Systems Battery Back-up Systems including back-up unit and batteries shall be tested monthly in accordance with the manufacturers recommended maintenance as a part of routine maintenance. Battery Back-up Systems or batteries shall be replaced at the proposed price stated in the proposal per extraordinary maintenance. I. Emergency Service Contractor shall maintain a 24-hour-per-day emergency service per the provision of routine maintenance for the replacement of burned-out lamps, turned heads, and controller malfunctions. The contractor shall make the required repairs to restore or maintain the traffic signal in good working condition. Temporary repairs may be required in the event of an accident or failure that may be covered under extraordinary maintenance. The intersections where said traffic signals are located shall be regularly patrolled by contractor or his representatives. Contractor shall make immediate service calls on an emergency basis, responding within two (2) hours in the event of malfunctions of the controller or signal system or turned head. The replacement of burned- out lamps need not be on emergency basis provided that there are at least two (2) indications still operative for each direction of travel. Such replacement shall be handled as soon as possible in a routine manner. J. Payment for Routine Maintenance Contractor shall submit separate monthly billings for routine maintenance at the contract lump sum price per signalized intersection, flashing beacon or highway safety light location per month. Said compensation shall include all labor, materials, equipment, overhead and profits for routine services in the price proposed per intersection, per month, and no extra compensation will be allowed. 10. EXTRAORDINARY MAINTENANCE Extraordinary maintenance shall be defined as: — Repair/services of damages resulting from collisions which have caused dislocation of poles or equipment, vandalism, natural or civil disasters, or resurfacing of streets or excavation. — Additional extraordinary maintenance will include modifications to traffic signal equipment such as, but not limited to, upgrades of controller cabinets, replacement of batteries for battery back-up systems, LED modules, pedestrian indications, painting of cabinets and signal heads, new lenses and framework. SP-13 Response to all Underground Service Alert (USA) requests/notices relating to street lights, traffic signals and interconnect. The contractor may be required to assist in the final inspection of new installation or provide interim emergency response or repairs of signals not currently owned by the City as authorized by the City. A. Notifications The contractor shall report to,the City Engineer or his authorized representative said conditions and provide satisfactory evidence that replacement is necessary per terms of Extraordinary Maintenance with cost estimates, including labor, to perform said work. No work shall proceed without the City Engineer's or his authorized representative's written authorization except in emergencies where injury or property damage may result without prompt response. B. Emergencies The contractor shall respond immediately to emergency calls, such as a total blackout, when directed by the City and dispatch the qualified personnel and equipment to reach the site within one (1) hour under normal circumstances. For the emergency repair of a signal which is totally blacked out, the following procedure of traffic control shall apply: 1) The contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour under normal circumstances. The contractor's vehicle shall carry traffic cones, stop signs, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the City Engineer or his representative. 2) If no police officer is present and temporary stop signs have been set up when the contractor arrives at the site, the contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the contractor shall remove all of the temporary traffic control devices and return those devices owned by the City to the City Yard. 3) If a police officer is still at the site when the contractor arrives, the contractor shall quickly examine the signal, evaluate the situation, and discuss it with the police officer. If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while the contractor repairs the signal. If the repair will take longer than the officer can wait, the contractor shall immediately set up SP-14 temporary stop signs and all other necessary warning devices and relieve the police officer. C. Underground Services Alert The contractor shall be the designated City representative in response to all Underground Services Alert (USA) requests/notices or at the request of City staff for the marking and protection of street lights, traffic signal underground facilities such as traffic signal and electrical conduits, interconnect facilities, loops, and other appurtenant equipment which might conflict with other right-of-way construction or repairs. The contractor shall be responsible for equipping their technicians with the proper locating devices and for maintaining an up-to-date or current inventory of as-builts (City to provide a set of their current records)for these facilities including field verification using these locating devices. All updates shall be transmitted to the City in a format adequate for their records. In the event underground equipment is damaged by'construction due to the contractor's failure to properly mark the underground facilities per the records or reasonable effort using the appropriate equipment as determined by the City Engineer, the costs for repairs shall be the sole responsibility of the contractor for facilities which were not properly marked. It shall also be their responsibility to contact requesting party in the event the scope of work is vague or incomplete. D. Traffic Signal Master/Interconnect Contractor shall provide trained technicians/personnel in the field testing of traffic signal master Econolite ASC/2M and the related interconnect. If the supervision is subcontracted, this information shall be supplied and subject to the approval of the City. Costs for additional assistance shall be assumed per the unit price for related interconnect. E. Painting Contractor shall repaint all metal standards, signal heads, back plates, visors, and controller housings as directed by the City. Repainting shall be conducted by spray painting methods with colors consistent with traffic signal standards and as approved by the City. Contractor shall annually prepare as part of the routine maintenance, a list of locations where painting may be necessary and submit to the City for work authorization for painting per extraordinary maintenance. SP-15 F. Method of Payment Upon the receipt of an itemized invoice within thirty (30) days of completion of the work, City shall compensate contractor for such repairs required beyond the scope of routine maintenance as follows: 1) Materials The City shall pay to the contractor for materials used in extraordinary maintenance the contractor's cost from the supplier plus the percentage mark-up specified in the contractor's proposal but in no case greater than 15%. All materials and parts shall be new or have the approval of the City Engineer if otherwise. The City has the right to inspect the contractor's records to verify any material costs used in extraordinary maintenance. 2) Direct Labor Contractor shall present with his monthly invoice a record of hours spent in extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay the contractor for such hours of extraordinary maintenance at the rates specified on Exhibit B of the Contract. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, workmen for health and welfare, insurance workmen's compensation, pension, vacation, sick leave, or any local, state, federal, or union tax or assessment. 3) Equipment City shall pay contractor for equipment used in extraordinary maintenance on a per-hour basis as specified in Exhibit B of the Contract and per the appropriate required equipment to complete the work. The contractor's listing of per-hour equipment rates shall constitute total rates to be paid by City when specified equipment is used. No additional payments of any kind shall be paid for equipment except as specified on Exhibit B of the Contract for per-hour rates. No additional compensation shall be paid for transporting the equipment to or from the job site. 11. LABORSTRIKE 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 SP-16 • labor strikes, the contractor shall provide other means, at his own cost, to provide comparable continuous service as if there were no strike. Failure to do so will cause the City to take whatever actions are deemed necessary to provide such service and the costs will be bome by the contractor. 13. PERMITS 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. No fees will be charged for City-related projects. 14. PATENTS The contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. ' 15. PUBLIC CONVENIENCE AND SAFETY The contractor shall so conduct his 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 for Construction and Maintenance Work Zones" published by the State of California, Department of Transportation and the Manual on Uniform Traffic Control Devices (MUTCD) California Supplement, 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. SP-17 Proposer's Name CITY OF SAN JUAN CAPISTRANO PROPOSAL MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS TO CITY OF SAN JUAN CAPISTRANO, as AGENCY: In accordance with the City's "Notice of Request for Proposals,"the undersigned Proposer hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above- stated maintenance work as set forth in the Plans,Specifications and Contract Documents therefor, and to perform all work in the manner and time prescribed therein. Proposer declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions and Contract Documents. If this proposal is accepted for award, Proposer agrees to enter into the sample contract with City, and the unit and/or fee schedule set forth in the following Proposal Sheet. Proposer understands that no proposal will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III, of the Business and Professions Code of the State of California at the time the proposal is submitted, and that all information pertaining to the license must be included on the proposer's information form as indicated. Proposer agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workmen's Compensation or to undertake self-insurance in accordance with the provisions of that code,and that the it will comply with such provisions of that code before commencing the performance of this Contract if awarded to it. Proposer certifies that in all previous contracts or subcontracts all reports which may have been due under the requirements of any Agency,State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. Proposer declares under penalty of perjury under the. laws of the State of California that the following information is true and correct: Proposer's Name Business Address Telephone State Contractor's License No. and Class Original Date Issued Expiration Date SP-18 PROJECT REFERENCES In order to fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of similar projects completed or in progress within the last 24 months. Your cooperation in this matter is greatly appreciated. Number of years as a contractor in work of this type Three projects of this type recently completed: 1. Do any of the agencies include interconnect maintenance? If yes, list agencies: 2. Do any of the agencies operate Econolite ASC/2S-2100 OR ASC/3-2100? If yes, list agencies: 3. Do any of the agencies include fiber optics? If yes, list agencies: 4. Do any of the agencies include in-pavement lighted crosswalks? If yes, list agencies: Proposer's Initials SP-19 PROPOSAL IN WITNESS WHEREOF, Proposer executes and submits this proposal with the names, titles, hands and seals of all forenamed principals this day of 2007. PROPOSER Subscribed and sworn to this day of 2007. NOTARY PUBLIC SP-20 NON-COLLUSION AFFIDAVIT STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) being first duly sworn, deposes and says that he is (sole owner, a partner, president, etc.) of , the party making the foregoing proposal: that such proposal is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation; that such proposal is genuine and not collusive or sham; that said proposer has not directly or indirectly induced or solicited any other proposer to put in a sham proposal, or that anyone shall refrain from proposing; that said Proposer has not in any manner directly or indirectly sought by agreements, communication or conference with anyone to fix the proposal price of said proposer or of any other proposer, or to fix the overhead, profit or cost element of such proposal price or that of any other proposer, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such proposal are true and, further, that said proposer has not directly or indirectly submitted his proposal price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,or paid and will not pay any fee in connection herewith, to any organization, proposal depository or to any member or persons as have a partnership or other financial interest with said proposer in his general business. Signed Title Subscribed and sworn to before me this day of 2007. Seal of Notary Notary Public SP-21 0 CITY OF SAN JUAN CAPISTRANO STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS TO BE SUBMITTED WITH PRPOSAL I have reviewed the attached City of San Juan Capistrano Insurance Requirements with my insurer and am able to provide verification of coverage after award of the contract. BY: Authorized Signature Name of Insurance Company/Broker Print Name of Authorized Signer Insurance Company/Broker Address Title of Authorized Signer Name of Company Insurance CompanyBrokerTelephone Business Address Business Telephone SP-22 CITY OF SAN JUAN CAPISTRANO PROPOSAL SHEET ROUTINE MAINTENANCE MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS Routine inspection, preventive maintenance, 34 $ $ 1 and repairs of traffic signals. Traffic Per intersection, per month: Signals Each Monthly Routine inspection, preventive maintenance, 2 $ $ 2 and repairs of flashing beacons Beacons Per location, per month: locations Each Monthly Routine inspection, preventive maintenance, 131 $ $ 3 and repairs of safety lights Per light, per month: Lights Each Monthly Routine inspection, preventive maintenance, $ $ 4 testing, and repairs of in-pavement lighted 2 crosswalk installations Location Per location, per month Each Monthly Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside marked limits of work. No compensation will be allowed for disposing of rejected or excess material. Contractor shall note that the Award, if any, of this contract will be to the most responsible proposer per the selection criteria. The City reserves the right to reject all proposals. In case of discrepancy between unit and total price, the unit price shall prevail. SP-23 CITY OF SAN JUAN CAPISTRANO PROPOSAL SHEET EXTRAORDINARY MAINTENANCE MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS The description of extraordinary maintenance is provided per the provision of the scope of work. Signal Maintenance Superintendent $ $ Signal Maintenance Technicians $ $ Field Traffic Signalman $ $ Laborer $ $ Painter $ $ Engineer Technician $ $ interconnect/Communications Specialist(Econolite FSK) $ $ Fiber Optic Specialist $ $ Flex Lift (Hydraulic Boom) $ Pickup Truck $ Service Truck $ Service Ladder Truck $ Boom Ladder Truck (Man Lift) $ Concrete Saw and Water Truck $ Compressor with Tools $ Major upgrade of existing controller cabinet(excluding controller)such as painting,wiring,auxiliary equipment 2 $ $ upgrades including rack-mounted detection. Type III service 5 $ $ Replacement of shelf-mounted detectors with rack- mounted (estimate based on the replacement of 12 5 $ $ detectors Operation and certification testing of new cabinet and controllers and appurtenances (work shall be in 2 $ $ accordance with State of California testing procedures) SP-24 Replace 12" red ball LED display775 $ $ Replace 8" red ball LED display $ $ Replace 12" red arrow LED display $ $ Replace 8" red arrow LED display $ $ Replace 12" yellow ball LED display 20 $ $ Replace 8" yellow ball LED display 5 $ $ Replace 12" yellow arrow LED display 10 $ $ Replace 8" yellow arrow LED display 5 $ $ Replace 12" green ball LED display 10 $ $ Replace 8" green ball LED display 5 $ $ Replace 12" green arrow LED display 10 $ $ Replace 8" green arrow LED display 5 $ $ Replace pedestrian push button signing 5 $ $ Pedestrian module kits 5 $ $ Clean, primer, and repaint controller cabinet exterior 5 $ $ surfaces with paint color asspecified by Ci Clean, primer, and repaint signal head and mounting surfaces per industry standard color as approved by 30 $ $ Ci 6' round three- or four-tum Type E loop detectors 20 $ $ includin sawcut lead-in Video detection camera 1 Is $ Back-up unit 1 is $ Batteries 6 Is $ Installation and replacement of regulatory and warning 10 $ $ signs onpoles/mast arms SP-25 Furnish&install 2"conduit with pull boxes and pull rope Bore under sidewalk/street 1,000 $ $ Trenched in dirt 1,000 $ $ Wheeled in asphalt 1,000 $ $ Furnish&install 3"conduit with pull boxes and pull rope Bore under sidewalk/street 1,000 $ $ Trenched in dirt 1,000 $ $ Wheeled in asphalt 1,000 $ $ Fumish & install interconnect/fiber optic cable(s) 6 pair#22 cable 500 $ $ 12 pair#22 cable 1,000 $ $ 25 pair#22 cable 2,500 $ $ 24-strand fiber optic cable pulled with copper pairs (Note: price should be the additional cost to pull with 2,500 $ $ standard cable 24-strand fiber optic cable only 500 $ $ Furnish & install pullboxes or splice pedestals #5 pullbox 10 $ $ #6 pullbox 10 $ $ Splice pedestals with locks 10 $ $ Furnish & install termination/connector equipment in splice pedestals Terminal block for#22 cable 10 $ $ VIIA Terminal/fusion box for 24-strand fiber optics 10 $ $ Interconnect/fiber cable connections including verification of operation 6/12/25 pair#22 connections 20 $ $ 24-strand fiber optic cable terminations/splice 20 $ $ Interconnect/communications troubleshooting 100 $ $ Fiber optic troubleshooting 40 $ $ SP-26 Repair In-pavement Lighted Crosswalk In-pavement Lighted Crosswalk 1 $ $ Furnish and install new In-pavement Lighted $ $ Crosswalk The City shall pay to the contractor for materials used in extraordinary maintenance the contractor's cost from the supplier plus not-to-exceed 20% mark-up. The contractor shall provide to the City Engineer supplier's invoice price. All extraordinary maintenance service costs are estimates for purposes of budgeting and establishing rates for specific work task during the year. The quantity of work is not guaranteed. It may increase or decrease depending on the required work and subject to the authorization by the City. R SP-27 CITY OF SAN JUAN CAPISTRANO TRAFFIC SIGNAL MAINTENANCE PERSONNEL ASSIGNMENTS MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS Contractor's Prime Contact Interconnect/VMS 330 Technical Assistance Fiber Optics Technical Assistance Underground Services Alert Other SP-28 CITY OF SAN JUAN CAPISTRANO QUESTIONNAIRE MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS The following questions shall be answered by all proposers to help the City in making an evaluation of the proposer's qualifications and proposed level of service. Most answers to the questions require more space than provided here. Proposer shall attach supplementary answer pages as needed. 1. Indicate the city/location of facilities where the firm performs maintenance operation, testing/repair of controller components, and related support services. Estimate the travel time from this site to the City of San Juan Capistrano. City/Location: Estimated Travel Time: 2. Location of facilities for certification testing of new controllers,cabinets and appurtenances. If not in contractor's own shop,state location and the name of the subcontractor. Proposer shall provide proof of testing performance per State of California testing procedures. Location: 3. Specify how many spare Econolite ASC/2-2100,ASC/2S-2100 and ASC/3-2100 controllers will be assigned for the exclusive use in the City of San Juan Capistrano for temporary replacement when City controllers/cabinets are in for repairs. ASC/2-2100 Available: ASC/2S-2100 Available: ASC/3-2100 Available: 4. Are all proposer's service vehicles equipped with mobile radios/phones for dispatch? Radios: Yes ❑ No G Phones: Yes ❑ No Li 5. Specify the following information regarding maintenance staffing assigned to the Cityof San Juan Capistrano: A. Number of staff assigned on a daily basis. If shared with another city, provide additional information regarding the percentage of time assigned to San Juan Capistrano. Routine Maintenance: Technicians: (_%) Supervisors ( %) Emergency or Stand-by: Technicians: ( %) Supervisors ( %) SP-29 6. Estimate the response time your personnel and equipment can reach an intersection in the City of San Juan Capistrano on emergency calls. Estimated Response Time: If emergency personnel will be shared with other jurisdictions,describe what procedures will be followed to provide a timely response in the event the assigned personnel cannot leave another emergency location outside of the City within the expected time periods for emergency responses. 7. Provide information regarding the number of trained technicians/supervisors and availability of equipment to perform service changes, connections, repairs or general maintenance of the City's traffic signal master VMS 330, interconnect, and fiber optic facilities. Provide the name of any subcontractors who might perform the work. 8. Provide the name(s)of the person(s)who inspected City facilities for purposes of preparing this proposal and the date(s) of inspection. Name(s): Date(s) of Inspection: Signature of Proposer: Name of Firm: It is understood and agreed that: 1. The undersigned has carefully examined all contract documents which will form a part of the Contract; including,the Notice Inviting Proposals,the Instruction to Proposers,the Proposal, the Information Required of Proposers,the Agreement,the Faithful Performance Bond,the Labor and Material Bond, the Specifications including Conditions of the Contract and Technical Provisions. 2. The undersigned has, investigated the site of the work and otherwise, and is satisfied as to the nature and location of the work and is fully informed as to all conditions and matters which can in any way affect the work or the cost thereof. 3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and further understands that the City of San Juan Capistrano will be in no way responsible for any errors or omissions in the preparation of the Proposal. 4. The undersigned agrees, acknowledges and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of this Contract if it is awarded to the undersigned. SP-30 The undersigned will begin work after Notice of Award has been given as herein specified and provided all requirements in regard to bonds and insurance have been satisfied and will complete said work within the time specified. The undersigned will execute the Agreement and furnish the required statutory bonds and Certificates of Insurance within the period of time specified in the Instructions to Proposers. 5. The undersigned hereby certifies that this Proposal is genuine and not sham or collusive,or made in the interest or in behalf of a person not herein named,and the undersigned has not directly or indirectly induced or solicited any other proposer to put in a sham proposal or any other person,firm,or corporation to refrain from proposing. The undersigned has not in any manner sought by collusion to secure any advantage over any other proposer. 6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which the undersigned submitted a proposal. The awards for such work are to be entirely at the discretion of the City of San Juan Capistrano after evaluation of the proposals as submitted. The undersigned agrees that the City of San Juan Capistrano shall recover or retain as liquidated damages all amounts equal to the ten percent (10%)of the total amount of the award made, all in accordance with the foregoing stipulations,in the event the undersigned fails to execute a Contract and furnish the required bonds and insurance therefor within the time provided. Respectfully submitted, Contractor's Business Name By Business Address Title City, State, Zip Business Phone Number Date Proposer shall signify receipt of all Addenda here, if any: Addendum No. Date Received Proposer's Signature SP-31 EXHIBIT A TASKS TO BE PERFORMED Maintenance of traffic signals and appurtenance,interconnect,flashing beacons, safety lights,and In-pavement lighted crosswalks and equipment. - Tasks to be performed are to be in accordance with the City of San Juan Capistrano Special Provisions for the Maintenance of Traffic Signals and Appurtenance, Interconnect, Flashing Beacons, Safety Lights and In-pavement Lighted Crosswalks attached hereto as Exhibit A-1 and incorporated herein by this reference as though set forth in full. Specific tasks to be performed by contractor each month per the provisions of routine maintenance, and other maintenance performed at other intervals (i.e., quarterly, annually) shall be as summarized in Contractor's Proposal attached hereto as Exhibit A-2 and incorporated herein by this reference as though set forth in full. Tasks shall be performed by personnel listed in the Contractor's proposed summary list of personnel attached hereto as Exhibit A-3 and incorporated herein by this reference as though set forth in full. SP-32 EXHIBIT B PAYMENTSCHEDULE Payments shall be made in accordance with the City of San Juan Capistrano Special Provisions for the Maintenance of Traffic Signals and Appurtenances, Interconnect, Flashing Beacons, Safety Lighting, and In-pavement lighted crosswalks attached hereto and incorporated herein by this reference as though set forth in full. The Monthly Maintenance Rates, the Hourly Rates for Labor, and the Hourly Rates for Equipment are to be in accordance with the rates as set forth in City of San Juan Capistrano Rate Schedule for Routine Maintenance and City of San Juan Capistrano Rate Schedule for Extraordinary Maintenance attached hereto as Exhibit B-1 and incorporated herein bythis reference as though set forth in full. F IB-33 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 iSAM TO (949)493-1171 THOMAS W. HR (949)493-1053 FAX • mfRR/RARlFR THOMAS L HRIBAR BRRIOfNFR I X96) MARK NIELSEN www.sanjuancapistrano.org 1776 JOE SOTO DR.LONDRES USO TRANSMITTAL TO: Justin Cataldo Computer Service Company 210 N. Delilah Street Corona, CA 92879 DATE: July 12, 2007 FROM: Maria Morris, Deputy City Clerk (949)443-6309 RE: Maintenance Agreement— Maintenance of Traffic Signals Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6309. If you have questions concerning the agreement, please contact Alan Oswald, Senior Traffic Engineer (949) Douglas D. Dumhart, Economic Development Manager (949) 443-6356. An original agreement is enclosed for your records. Cc: Alan Oswald, Senior Traffic Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �.� Prinletl on 100%recvcletl Dace. 4/17/2007 AGENDA REPORT D5 TO: Dave Adams, City Manager .g,-' FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Award of Contract - Maintenance of City-Owned Traffic Signals, Safety Lights and Lighted Crosswalks (Computer Service Company, Inc.) RECOMMENDATION By motion, award a three-year contract for the maintenance of City-owned traffic signals, safety lights, flashing beacons and in-pavement lighted crosswalks(s) to Computer Service Company, Inc., in the amount of $33,582 per year for routine maintenance plus extraordinary maintenance costs per the attached agreement and fee schedule. Authorize the City Manager to execute the documents on behalf of the City. SITUATION A. Summary and Recommendations Based on proposals received, staff is recommending award of contract for the maintenance of City-owned traffic signals to Computer Service Company, Inc. B. Background This contract primarily consists of maintaining all of the City-owned traffic signals. This entails inspecting each location once a month and includes (but is not limited to) assuring the inside of the controller cabinet is reasonably clean, changing air filters, inspecting all the components within the cabinet, all the loop detectors, all the signal heads and lights and replacing/repairing (as needed) to assure proper functioning of the signals and their components. In addition, the contract provides for items (upon request by the City) such as testing of new cabinets/controllers, painting various signal facilities and replacing old or damaged components. In addition, this contract will consist of maintaining any/all City-owned safety lights, in-pavement lighted crosswalks and flashers. Proposals were requested for contract services and include: Agenda Report April 17, 2007 Page 2 1. The monthly maintenance cost per location; 2. Costs of various personnel and equipment for extraordinary repairs such as knockdowns; 3. Costs for routine and preventative maintenance of safety lights, flashers and in-pavement lighted crosswalk(s); 4. A critique of their company and personnel; 5. References of other agencies in the area that presently use their services. Quotes and proposals for the maintenance of all the City-owned traffic signals were received from the following: Republic ITS (RITS) Computer Service Company (CSC) Team Econolite (TE) Based upon the review of the submittals and verification of the references, staff recommends continuing to use Computer Service Company for this service for the following reasons: 1) The costs of ordinary and extraordinary maintenance of the traffic signals varied between companies with CSC being the lowest. Cost comparisons between the various items indicate that CSC is generally the lowest on both general and extraordinary traffic signal maintenance items and more than offsets their higher cost for maintenance of the safety lights. RITS costs are comparable but higher than CSC. TE costs are slightly to significantly higher on general and extraordinary repairs. Their low safety light maintenance cost does not offset these higher costs. Maintenance costs for flashing beacons and in-pavement lighted crosswalks were also requested. The quoted costs are comparable amongst the three companies and very small in comparison to the traffic signal and safety light costs. They were not a significant consideration in the overall evaluation. In the past, the year-end balance for extraordinary maintenance has varied from 10% - 25% above the routine maintenance cost. 2) The proposals provided by all three companies were very similar and were satisfactory. References for each of them were satisfactory as well. Agenda Report April 17, 2007 Page 3 Please note that a traffic signal maintenance contract services evaluation form for each company is attached with more detailed information on each contractor. The new contract is for three years. FINANCIAL CONSIDERATIONS Funding in the amount of$75,000 has been requested from Acct. No. 01-62417-4413 in the FY 2007-08 Engineering and Building Operations Budget. NOTIFICATION Republic ITS Computer Service Company Team Econolite RECOMMENDATION By motion, award a three-year contract for the maintenance of City-owned traffic signals, safety lights, flashing beacons and in-pavement lighted crosswalks(s) to Computer Service Company, Inc., in the amount of $33,582 per year for routine maintenance plus extraordinary maintenance costs per the attached agreement and fee schedule. Authorize the City Manager to execute the documents on behalf of the City. Resp idly su d, Prepared by, Cor ser aszadeh, P.E. Alan P. Oswald nineering & Building Director Senior Engineer]Traffic NA:ao Attachments: 1 . Traffic Signal Maintenance Contract Services Evaluations 2. Maintenance Agreement - Computer Service Company TRAFFIC SIGNAL MAINTENANCE CONTRACT SERVICES EVALUATION PROPOSAL SUBMITTED BY: Name: Republic ITS Address: 1266 N. La Loma Circle City: Anaheim, CA 92806-1801 Contact: Mike Hutchens Phone: (714) 630-2100 PROPOSED FEES/COSTS: Traffic Signal Maintenance = $32,640/year for 34 signals Safety Light Maintenance = $4,716/year Cabinet testing = $1 ,100/test Miscellaneous costs were comparable and in the middle of the other two proposals. QUALIFICATIONS AND EXPERIENCE: This company is our current maintenance provider and has provided traffic signal maintenance for the City for the last 15 years or more. They also list 51 other agencies for which they provide services. STAFF COMMENTS: Generally, this company's quality of service has been good, however staff feels their there have been significant delays in providing some requested services without justification. Also, some problems have taken longer to correct than would be expected. Staff has the feeling that there may not be adequate personnel to handle all work in a timely manner. EVALUATED BY: DATE: 28 v / Attachment 1 TRAFFIC SIGNAL MAINTENANCE CONTRACT SERVICES EVALUATION PROPOSAL SUBMITTED BY: Name: Computer Service Company Address: 210 N. Delilah Street City: Corona, CA 92879 Contact: Justin Cataldo Phone: (909) 738-1444 PROPOSED FEES/COSTS: Maintenance = $28,560/year for 34 signals Safety Light Maintenance = $5,502/year Cabinet testing = $800/test Miscellaneous costs were generally the lowest of the three proposals. QUALIFICATIONS AND EXPERIENCE: This company has been in business since 1979 and lists 17 agencies, generally in north Orange County, for which they provide service. Two of the cities are in the south county area — Aliso Viejo and Laguna Niguel. Contacts from both city provided staff with positive feedback on the quality of service this company performs. STAFF COMMENTS: Based on the company's proposal and their references, staff feels confident this company can perform the required services. EVALUATED BY: DATE: 2 Z t/ 07 TRAFFIC SIGNAL MAINTENANCE CONTRACT SERVICES EVALUATION PROPOSAL SUBMITTED BY: Name: Team Econolite Address: 3360 East La Palma Avenue City: Anaheim, CA 92806-2856 Contact: Pat Showalter Phone: (714) 287-5059 PROPOSED FEES/COSTS: Traffic Signal Maintenance = $39,984/year for 34 signals Safety Light Maintenance = $3,380/year Cabinet testing = $990/test Miscellaneous costs ranged from slightly to significantly higher than the other two proposals. QUALIFICATIONS AND EXPERIENCE: This company has been I business for four years and is a branch off of Econolite Control Products, the manufacturer of the City's traffic signal equipment. They serve at least 13 agencies in the area. References contacted expressed satisfaction with thee service provided. STAFF COMMENTS: Although only in business for four years, the quality of work on individual projects they have done for the City was very good. The experience of the work force is very good, as well. EVALUATED BY: TV DATE: Z Z8 07 MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of April 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Computer Service Company, hereinafter referred to as "Contractor"). RECITALS; WHEREAS, City desires to retain the services of Contractor regarding the City's proposal for maintenance of traffic signals and appurtenance, traffic signal interconnect, flashing beacons, safety lights and in-pavement lighted crosswalks in the City of San Juan Capistrano; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit 'A;' attached and incorporated herein by reference. Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. The term of this Agreement shall be for the period from July 1, 2007 to and including June 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be as set forth in Exhibit 'A" attached and incorporated herein by reference. ATTACHMENT • 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit 'A," attached and incorporated herein by reference. Included within the compensation are all of the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal. 3.3 Method of Payment. Contractor shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. 3.4 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent Contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its sub-Contractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any sub-Contractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; and (2) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 9. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 10. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Contractor's professional services. Section-11. Indemnity. Contractor agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Contractor arising out of or in connection with the work, operation or • • activities of Contractor, its agents, employees and sub-Contractors in carrying out its obligations under this Agreement. Section 12. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 12.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $5,000,000 property damage; $5,000,000 injury to one person/any one occurrence/not limited to contractual period; $5,000,000 injury to more than one,person/any one occurrence/not limited to contractual period. 12.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: $5,000,000 property damage; $5,000,000 injury to one person/any one occurrence/not limited to contractual period; $5,000,000 injury to more than one person/any one occurrence/not limited to contractual period 12.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Contractor's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 12.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 12.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 13. Termination. City and Contractor shall have the right to terminate this Agreement without cause by giving ninety (90) days' advance written notice of termination to the other party. In the alternative, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 14. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Alan Oswald, Senior Engineer-Traffic • To Contractor: Computer Service Company 210 N. Delilah Street Corona, CA 92879 Attn: Justin Cataldo, Operations Manager Section 15. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 16. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: CONTRACTOR By: ATTEST: Margaret R. Monahan, City Clerk APPROU' .D AS TO FORM: John T Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO PROPOSALSHEET ROUTINE MAINTENANCE MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS Routine inspection, preventive maintenance, 34 $ _ $ t and repairs of traffic signals. Traffic 7e- Z3$v Per intersection, per month: Signals Each Monthly Routine inspection, preventive maintenance, 2 $ _ $ 2 and repairs of flashing beacons Beacons 3 Q Per location, per month: locations Each Monthly Routine inspection, preventive maintenance, $ $ 3 and repairs of safety lights 3 � Per light, per month: Lights Each Monthly Routine inspection, preventive maintenance, $ $ 4 testing, and repairs of in-pavement lighted 2 Q crosswalk installations Location Per location, per month Each Monthly Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside marked limits of work. No compensation will be allowed for disposing of rejected or excess material. Contractor shall note that the Award, if any, of this contract will be to the most responsible proposer per the selection criteria. The City reserves the right to reject all proposals. In case of discrepancy between unit and total price, the unit price shall prevail. EXHIBIT A SP-23 CITY OF SAN JUAN CAPISTRANO PROPOSAL SHEET EXTRAORDINARY MAINTENANCE MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND APPURTENANCE, INTERCONNECT, FLASHING BEACONS, SAFETY LIGHTS AND IN-PAVEMENT LIGHTED CROSSWALKS The description of extraordinary maintenance is provided per the provision of the scope of work. Signal Maintenance Superintendent $ 75- - $ N/A Signal Maintenance Technicians $ G S ?r $ 9 L 6 r Field Traffic Signalman $ ?s- $ Laborer $ �/s- $ p a s- Painter $ yp ys $ 4o �* Engineer Technician $ `75- - $ 11.2 Interconnect/Communications Specialist (Econolite FSK) $ Z - $ 2 5 0 Fiber Optic Specialist $ 13r - $ 2-oz ssa Flex Lift (Hydraulic Boom) $ z8 5� Pickup Truck $ /'- Service Truck $ �S- — Service Ladder Truck $ y Boom Ladder Truck(Man Lift) $ Concrete Saw and Water Truck $ Z o Compressor with Tools $ /S Major upgrade of existing controller cabinet(excluding controller)such as painting,wiring,auxiliary equipment 2 $ �� o vo $ L yo c e upgrades including rack-mounted detection. Type III service 5 $ 3 0- $ 4 Replacement of shelf-mounted detectors with rack- mounted (estimate based on the replacement of 12 5 $ Z6OU l $13oo6 detectors Operation and certification testing of new cabinet and controllers and appurtenances (work shall be in 2 $ T$7 (, 00 accordance with State of California testin rocedures SP-24 Replace 12" red ball LED display 10 $ ff 5 $ Replace 8" red ball LED display 5 $ $ 3zs Replace 12" red arrow LED display 10 $ S $ 7S0 Replace 8" red arrow LED display 5 $ 6 5 $ 3ZS Replace 12" yellow ball LED display 20 $ 77 ' $ /5`yo Replace 8" yellow ball LED display 5 $ 65' $ -32>- Replace 12" yellow arrow LED display 10 $ GS ' $ b5-6 — Replace 8" yellow arrow LED display 5 $ 65- - $ _52-57- Replace ZS Replace 12" green ball LED display 10 $ Z 7 ' $ 2,7u Replace 8" green ball LED display 5 $ f! 7 ' $ S5r5" , Replace 12" green arrow LED display 10 $ j/ 7 $ 117,, Replace 8" green arrow LED display 5 $ 7 $ g g y Replace pedestrian push button signing 5 $ yS $ ZZs Pedestrian module kits 5 $ 3Zc ' $ %(o Z s=' Clean, primer, and repaint controller cabinet exterior surfaces with paint color asspecified by Ci 5 $ $ S 753 Clean, primer, and repaint signal head and mounting surfaces per industry standard color as approved by 30 $ 75- - city 6' round three- or four-turn Type E loop detectors includingsawcut lead-in 20 $ 35 D v $ /�-7 000 Video detection camera I $ Zovc $ z000 — Back-up unit 1 $ d 0 ' $ Batteries 6 $ Installation and replacement of regulatory and warnin717o $ si ns on It arms /45- $ /Z5'c SP-25 Furnish&install 2"conduit with pull boxes and pull rope Bore under sidewalk/street 1,000 $ b $ Trenched in dirt 1,000 $ rc $ i7 - Wheeled in asphalt 1,000 $ 33 �° $ 33 vo Furnish&install 3"conduit with pull boxes and pull rope Bore under sidewalk/street 1,000 $ /� s."Z' $ 66 oa ' Trenched in dirt 1,000 $ Z $ ZI o0 Wheeledinasphalt 1,000 $ L/73 $ '173., Furnish & install interconnect/fiber optic cable(s) 6 pair#22 cable 500 $ 3 $ - 12 pair#22 cable 1,000 $ Z 3 $ Z 3oc 25 pair#22 cable 2,500 $ 3 ^S $ i Zs 24-strand fiber optic cable pulled with copper pairs (Note: price should be the additional cost to pull with 2,500, $ j ?-5 $ - standard cable) 3/25 24-strand fiber optic cable only 500 $ Z ?° $ //v v Furnish & install pullboxes or splice pedestals MSplice 10 $ y7S- ` $ //7SV 10 $ 5 j j $ 5-3.5-D stals with locks 10 $ 176o - $ j 76ov Furnish & install termination/connector equipment in s lice pedestals Terminal block for#22 cable 10 $ G/g _ $ yy o c Terminallfusion box for 24-strand fiber optics 10 $ 55-00 - $ 5-0,0" Interconnect/fiber cable connections including verification of operation 6/12/25 pair#22 connections 20 $ 13 S $ Z70o 24-strand fiber optic cable terminations/splice 20 $ /000 $ Interconnect/communicationstroubleshooting 100 $ 2,70 $ Z7oeo Fiber optic troubleshooting 40 $ 5 $ Z/ Eco - SP-26 Repair In-pavement Lighted Crosswalk In-pavement Lighted Crosswalk 1 $ 0 Furnish and install new In-pavement Lighted Crosswalk 1 $ `18 $y� 700 The City shall pay to the contractor for materials used in extraordinary maintenance the contractor's cost from the supplier plus not-to-exceed 20% mark-up. The contractor shall provide to the City Engineer supplier's invoice price. All extraordinary maintenance service costs are estimates for purposes of budgeting and establishing rates for specific work task during the year. The quantity of work is not guaranteed. It may increase or decrease depending on the required work and subject to the authorization by the City. SP-27 0 ate,► • 32400 PASEO ADELANTO MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO,CA 92675 LL SAM ALLEVATO (949)493-1171 ✓' hnmwvonnlEu (949)493-1053 FAX THOMAS (SinAUSXfp 1961 MARK NIEL HRIBAR SEN www.sanivancapistrano.org 1776 JOE SOTO DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on April 17, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of Award of Contract Maintenance of City-Owned Traffic Signals, Safety Lights and Lighted Crosswalks (Computer Service Company, Inc)" — Item No. D5. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, April 16, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Alan P. Oswald, Senior Engineer/Traffic. You may contact that staff member at 949-443-6356 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkasanivancapistrano.or-g. Meg Monahan, MMC City Clerk cc: Republic ITS; Computer Service Company; Team Econolite; Alan P. Oswald, Senior Engineer/Traffic Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future " Printed on 100°h recycled paper 32400 PASEO ADELANTO JMEMBERS OF CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)493-1171 �,v' IOIXXroaerEo (949)493.1053 PaxOE lISXEX 1961 STHOMASOTIL FRIBA ESTABR www.sanjnancapi-strano.org 1716 JOE OE 5070 DR.LONDRES USO April 19, 2007 •'���p � NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On April 17, 2007, the City Council of San Juan Capistrano met regarding: "Consideration of Award of Contract - Maintenance of City-Owned Traffic Signals, Safety Lights and Lighted Crosswalks (Computer Service Company, Inc)" Item No. D5. The following action was taken at the meeting: Three-year contract for the maintenance of City-owned traffic signals, safety lights, flashing beacons and in- pavement lighted crosswalks to Computer Service Company, Inc. in the amount of $33,582 per year for routine maintenance plus extraordinary maintenance costs per the attached agreements and fee schedule, with the agreement modified to incorporate the Request for Proposal as part of the contract, approved; and the City Manager authorized to execute the documents on behalf of the City If you have any questions regarding this action, please contact Alan P. Oswald, Senior Engineer/Traffic at 949-443-6356 for more detailed information. Thank you, ^ — V r Me on han, MMC C' Clerk Cc: Republic ITS; Computer Service Company; Team Econolite; Alan P. Oswald, Senior Engineer/Traffic San Juan Capistrano: Preserving the Past to Enhance the Future �,^, Printed on 100'%reeycie paper