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HomeMy WebLinkAboutReso 109-24 Approving Agreements for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services with Bear Electrical Solutions, LLC. and DC Electric GroupDocusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F RESOLUTION NO. 109 — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENTS FOR ON -CALL ELECTRICAL, TRAFFIC SIGNAL, TRAFFIC SIGNAL COMMUNICATION, STREETLIGHT SUPPORT, AND EMERGENCY REPAIR SERVICES WITH BEAR ELECTRICAL SOLUTIONS, LLC AND DC ELECTRIC GROUP WHEREAS, on July 16, 2024, Staff issued a Request for Qualifications (RFQ) for On -Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair Services; and WHEREAS, the City received four responses to the RFQ; and WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance with the RFQ rating criteria; and WHEREAS, the City desires to enter into agreements with Bear Electrical Solutions, LLC and DC Electric Group, each for a not -to -exceed amount of $500,000 over a three-year term; and WHEREAS, the City also wishes to enter into agreements at a later date, for the following firms which were deemed to be qualified as part of the RFQ solicitation process: St Francis Electric LLC and Tennyson Electric LLC. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreements with Bear Electrical Solutions, LLC and DC Electric Group, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Agreements and make any necessary, non -substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of October 2024, by the following vote: AYES: Councilmembers Hu, Josey, Qaadri, Thalblum and Mayor McCorriston NOES: ABSENT: ABSTAIN: ATTEST: DocuSigned by: V5/13L— 9 7 015 22174 A City Clerk Reso. No. 109-24, Item 5.3, Adopted 10/01/2024 Page 1 of 1 Signed by: C Dtit l at l 6tiL(,Caryisfok, 1,63Ege2eB8B45-1... Mayor Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F Exhibit A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BEAR ELECTRICAL SOLUTIONS, LLC FOR ON -CALL ELECTRICAL, TRAFFIC SIGNAL, TRAFFIC SIGNAL COMMUNICATION, STREETLIGHT SUPPORT AND EMERGENCY REPAIR SERVICES THIS AGREEMENT for On -Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair services is made by and between the City of Dublin ("City") and Bear Electrical Solutions, LLC ("Contractor") (together sometimes referred to as the "Parties") as of October 2, 2024 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Service attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 1 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder. 1.5 Public Works Contractor Registration. Because the services described in Exhibit A include "work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work," the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. 1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $500,000, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the amount of compensation between this Agreement and Consultant's proposal, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page2of21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense ■ The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; ■ The Contractor's signature; ■ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 3 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of Services Agreement between City of Dublin and Bear Electrical Solutions, LLC Page 4 of 21 October 2, 2024 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 5 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project's safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page6of21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers' Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page7of21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non -owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor's insurance coverage shall be Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 8 of 21 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self - insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 9 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 10 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 11 of 21 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 12 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 13 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 14 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 15 of 21 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: Robert Asuncion, TE 1252 State Street, PO Box 924 Alviso, CA 95002 Any written notice to City shall be sent to: City of Dublin Att: Sai Midididdi Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 16 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses 10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City -approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. 10.13 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq. A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 17 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one -and -one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. B. WAGES: i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 18 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records. c. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 19 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. SIGNATURES ON FOLLOWING PAGE Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 20 of 21 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN BEAR ELECTRICAL SOLUTIONS, LLC Linda Smith D'Ambrosio, City Manager Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 DocuSigned by: Fed,urf Q SUdA.(,ibiA, 5DA4558DC559480... Robert Asuncion, Vice President 1000002158 Contractor's DIR Registration Number (if applicable) Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Page 21 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F EXHIBIT A SCOPE OF SERVICES COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES On -Call Electrical, Traffic Signal, Traffic Signal Communication, and Streetlight Support and Emergency Repair Services The City's traffic signal and streetlight preventive maintenance services are contracted to Alameda County Traffic Signal Maintenance staff. The Contractor(s) selected through this RFQ shall provide On -Call Support and Emergency Repair Services for the City's traffic signals, streetlight and other electrical infrastructure. The Contractor will primarily provide support to City staff or Alameda County Traffic Signal Maintenance staff as needed on a workorder basis. On -call and during emergency situations, the Contractor shall furnish and supply all labor, equipment, and materials and perform all work, as needed, to maintain and repair all traffic signal equipment, fiberoptic cable, safety lights, and streetlights. Various classifications of On -Call repair work include the following services listed below. No payment will be made for services not expressly authorized by the City staff. 1.0 Accidental Damage Repair On the City's request, the Contractor shall repair damage to traffic signal systems and streetlights resulting from traffic accidents. Accidental damage repair work includes cleanup of debris from an accident, such as a pole knockdown, erection of barricades or signs, or hookup of a temporary signal controller, temporary poles and signals, if necessary, and any other work required to safeguard against any or all injury or damage to the public and reduce to a minimum any inconvenience to the public. The Contractor shall provide adequate traffic control and warning signs per the latest MUTCD guidelines and shall maintain erected warning and directional signs while work is in progress. Two signal heads facing each approach shall be considered the minimum acceptable operation pending permanent repairs unless otherwise authorized by City staff. All temporary signals, controllers, or other equipment shall provide the same functional capability as the original installation. 1.1 Traffic Signal Modification This work consists of modifying any existing signal features or components and/or correcting signal malfunctions of any kind, including those that are the result of accidental damage (knockdown), vandalism, pavement failure, or obsolescence. Signal modifications and repair includes improvements necessary to correct equipment deterioration, malfunction, or other equipment failure. The traffic signal modifications and repair scope include but not limited to: Services Agreement between October 2, 2024 City of Dublin and Bear Electrical Solutions, LLC Exhibit A — Page 1 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F • Traffic signal poles and mast arms • Safety lighting poles • Video system installation and repair — CCTV & video detection • Emergency Vehicle Pre-emption • Battery Back-up Systems (BBS) • Audible Pedestrian Signals (APS) • Loop Vehicle Detection Systems • Associated or appurtenant concrete work for sidewalk and curb ramps that may need to be modified or adjusted based on traffic signal modifications • Underground utility installation & repair • Live Electronic Records Management System • After hours and emergency response, including PG&E Public Safety Power Shutoff (PSPS)Events, Flex Alerts, other planned power shutoff events 1.2 Detector Loops On the City's request, the Contractor shall test detector loops, detection cameras and detector lead -in -cables for Meg Ohms reading, continuity, frequency, and inductance. At the request of City staff, the Contractor shall provide qualified staff to repair the detector loops per State and City standards. 1.3 Video Detection On the City's request, the Contractor shall provide qualified personnel to install, test and adjust the video detection systems. Otherwise, the Contractor will be responsible to hire qualified personnel from the video detection manufacturer to program the camera at their expense. The Contractor shall also be able to install, operate and program a pan — tilt —zoom camera (PTZ camera) as needed. 1.4 Streetlights On the City's request, the Contractor shall provide temporary or permanent repairs to streetlight equipment and appurtenances (LED fixtures, photocell) which the Contractor may be called upon from time to time by the City to repair, replace, or refurbish when streetlight or streetlight pole has been damaged by such things as, but not limited to, vehicle accidents or natural causes. The contractor shall ensure that in the event of a knockdown, that the affected area is secure and that no exposed wires are present. At the request of City staff, the Contractor shall repair or replace streetlight wire and conduits in the event of an outage or wire theft. Unless specified, the City will furnish the appropriate LED fixtures to the contractor. 1.5 New Traffic Signal Turn -on Support Services Agreement between October 2, 2024 City of Dublin and Bear Electrical Solutions, LLC Exhibit A — Page 2 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F On the request of City staff, the Contractor shall provide the following services to facilitate the installation of a new traffic signal or pedestrian hybrid beacon: 1. Prior to the acceptance of a new traffic signal by the City, the Contractor will inspect the traffic signal and prepare a punch list for corrective measures (if required). The signal construction Contractor will undertake all corrective measures. 2. The Contractor shall test related timing plans in the controller for new traffic signals before they are installed. 3. The Contractor shall provide qualified personnel to make all necessary field connections of the new traffic signal to the controller. This includes, but is not limited to, signal interconnect cable, detector lead-in cable, video detection (i.e., GPS, Opticom, etc.) 4. The Contractor shall be present at signal turn-ons even if the traffic signal is being constructed by a different contractor. 1.6 Training City staff may request training in the use of certain equipment. This training will be provided on a time -and -material basis, as required. Tasks may include programming a controller, video detection system and any assistance to City staff. 1.7 Traffic Control The Contractor shall conduct operations to cause the least possible obstruction and inconvenience to public traffic. All traffic shall be permitted to pass through the work area. Contractor shall furnish, erect, and maintain sufficient warning and directional signs, barricades, and lights and shall furnish sufficient flagmen to give adequate warning to the public, at all times, that the road or street is under construction and of any dangerous conditions that may be encountered as a result thereof, in accordance with the CA MUTCD. Whenever it is necessary to block any traffic lanes in order to complete any portion of the work, the Contractor shall notify the Dublin Police Department and the Dublin Fire Department, as well as City staff. Lane closure and times scheduled for closure shall be subject to approval of City staff. At least one (1) lane of traffic shall be kept open in each direction, at all times. On major arterials, no lane closures shall take place before 9:00 a.m. or after 3:00 p.m., without prior approval from City staff. Failure on the part of the Contractor to provide adequate signing and barricading will give authority to City staff to provide such protection, as is necessary by City forces or an independent contractor. All costs of protection shall be charged to the Contractor. Repetitive failure shall be sufficient cause to terminate the contract. 1.8 Spare Materials and Equipment Availability Services Agreement between October 2, 2024 City of Dublin and Bear Electrical Solutions, LLC Exhibit A — Page 3 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F The Contractor shall maintain adequate storage and shop repair facilities to perform all work including a sufficient stock of common spare parts and signal equipment to effect permanent repairs to the system with the exception of controllers and cabinets. The City will provide spare controllers and cabinets on an as needed basis. The Contractor shall be responsible for maintaining adequate storage facilities to store City supplied materials. The contractor shall provide equipment and apply installation procedures which are acceptable to City staff and per City standards. 1.9 Parts, Material Quality, and Workmanship Unless otherwise provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this agreement shall be of the best quality of their respective kind and for their purpose. Wherever replacement of material or equipment, in accordance with the Standard Plans and Specifications may cause an obvious difference in either appearance or operation of the system or would be in any way incompatible with other existing equipment, the Contractor shall so inform City staff. All phases of the work are subject to inspection and approval of City staff. All permanent repairs to the system shall be undertaken within a time period approved by the City Engineer. Failure to effect permanent repairs within this time limit shall be sufficient cause for City staff to authorize repairs to be completed by another contractor. The Contractor shall be responsible for furnishing all spare parts necessary to maintain the continued safe and efficient operation of the signals whenever the original unit is withdrawn for maintenance, repair, or modification. All component parts of each system shall be maintained at all times to perform the functions for which they were designed, unless authorized otherwise by City staff. 1.10 Maintenance Records The following records shall be maintained by the Contractor covering signal maintenance activities: A record of all service calls, repairs, and relevant data pertaining to each individual intersection will be kept in the controller cabinet and properly annotated by the Contractor, at the time of any repair work or modifications. A duplicate record will be kept on file in the Contractor's office and will be sent to City staff, included on the monthly summary report. The Contractor shall supply a copy of the maintenance record to City staff. Signal -timing charts will be kept in the controller cabinet. The Contractor shall record all signal -timing changes on these charts, and identify the personnel implementing the change and dates of changes. Only City staff shall authorize timing changes. The Contractor may make changes required on a temporary basis due to maintenance Services Agreement between October 2, 2024 City of Dublin and Bear Electrical Solutions, LLC Exhibit A — Page 4 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F operations, such as detector failures, but must inform City staff immediately of each change. A duplicate record of all service calls, repairs, and relevant data pertaining to each individual request is to be kept on file in the Contractor's office and available to the City upon request. A database shall be maintained indicating previous and scheduled work orders. 1.11 Maintenance Report The Contractor shall provide reports when on -call to City staff. The submitted report shall contain, as a minimum, the following information on every work order: • Date of visit to the location • Location/Intersection name and/or number • Purpose of the visit (include the name of City staff who requested the service) • Work accomplished during the visit The Contractor shall submit to City staff reports of any breakdowns of individual pieces of equipment due to mechanical failure, and report of major repairs to any equipment, the reason for repairs and recommendation for any major repairs to equipment that the Contractor deems necessary for proper performance. Before any work is begun, the Contractor shall provide a quote to be approved by City staff. 1.12 Work Force 1. The Contractor shall always maintain a force of sufficiently trained, qualified traffic signal maintenance employees, preferably International Municipal Signal Association (IMSA) certified, having work experience of a minimum of two years to perform the work as required by City staff. 2. The team of qualified employees shall be sufficient to respond to emergency calls, which may be received at any time, and to promptly make temporary and permanent repairs. 3. The Contractor shall retain qualified engineering or technical personnel capable of working with the types of controllers in the City's system (example: NAZTEC 980, 2070, Cubic Trafficware 980 ATC and Commander). 1.13 Response and Service The Contractor shall provide response and service in the following manner: 1. The Contractor shall designate and inform City staff of a telephone number(s), where he/she can be reached concerning response or on -call maintenance. The Contractor shall be accessible at this telephone number(s) and available to perform traffic signal repair/response maintenance, twenty-four (24) hours a day, Services Agreement between October 2, 2024 City of Dublin and Bear Electrical Solutions, LLC Exhibit A — Page 5 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F seven (7) days a week, including holidays. A fax number and an e- mail address for transmitting documents shall be owned and operated by the Contractor. 2. The Contractor shall provide adequate shop facilities, maintenance vehicles with two-way radio dispatch capability, and tools, inventory, and testing equipment to accomplish all the work described above 3. When the notification is sent by City staff to the Contractor regarding an on -call work: a. If the Contractor receives the call between 8:00 a.m. and 5:00 p.m., the response time shall not exceed two (2) hours, Monday through Friday. b. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours. c. When a situation exists that City staff deems dangerous or an emergency and so advises the Contractor, the Contractor shall dispatch qualified personnel and appropriate equipment and material to correct the situation, as soon as possible, but in no case later than indicated above. d. Contractor's response to emergency repair should be coordinated with City staff. 2. Other Work 2.1 Conduit Installation The Contractor shall provide all necessary labor, equipment, and materials to install conduits for traffic signals, signal interconnects or any other work as required by City staff. The work shall be paid in accordance with the contract unit price on Schedule F and G. 2.2 Replace/Install Only City staff may, from time to time, ask the Contractor to replace existing signal appurtenances with new or advanced ones. City staff will supply the materials and the Contractor's responsibility shall be limited to the installation and replacement only. Payment for such work shall be in accordance with the contract unit price on Schedule H. 2.3 Specific Material Installation Rates The Contractor shall provide all necessary labor, equipment, and materials for responses and services to execute any work shown either on Schedule D or Schedule E. The cost of such repairs shall be billed in accordance with the contract unit price on Schedule D during regular work hours. Work executed during weekends and beyond regular work hours shall be paid in accordance with the unit contract price on Schedule E. 2.4 Minor Repair Services Agreement between October 2, 2024 City of Dublin and Bear Electrical Solutions, LLC Exhibit A — Page 6 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F The payment for minor repair work, such as fixing of turned signal heads, turned pedestrian signal heads, loose back plates, loose visors, loose internally illuminated street name signs (IISNS) or re -splicing of loops, shall be paid in accordance with the contract unit price on Schedule J, during regular work hours. Work executed during weekends and beyond regular work hours shall be paid in accordance with the contract unit price on Schedule I. 3. Lump Sum Work 3.1 Repair of Radar Signs and Flashing Beacons Damaged due to Accident/Vandalism/Acts of God The Contractor shall provide all necessary labor, equipment, and material for responses and services to repair any existing Radar Sign or Flashing Beacon damaged as a result of accidents, vandalism (wire theft), and other acts beyond the control of the City or the Contractor or install at new locations. If applicable, all or part of such work shall be paid in accordance with any category under the appropriate unit price schedules. If not applicable, all or part of the work shall be paid in accordance with hourly labor rates and equipment rates (Schedules A and B) plus the marked -up invoice cost (less than or equal to 10%) of the materials. The Contractor shall be responsible for dividing the work under unit price work and lump sum work and submitting an invoice/quote to City staff for payment or approval for execution of the work. 3.2 Signal Modifications Whenever City staff deems it necessary to make modifications to an existing, aging traffic signal infrastructure, City staff shall authorize the Contractor to make the necessary modifications. The Contractor shall make such modifications only after receiving a plan and/or an authorization in writing from City staff. The Contractor shall provide all necessary labor, equipment, and materials to provide signal modification work as recommended and approved by City staff. If applicable, all or part of such work shall be paid in accordance with any category under the appropriate unit price schedules. If not applicable, all or part of the work shall be paid in accordance with hourly labor rates and equipment rates (Schedules A and B) plus the marked -up invoice cost (less than or equal to 10%) of the materials. The Contractor shall be responsible for dividing the work under unit price work and lump sum work and submitting a quote to City staff for approval. The City also reserves the right to advertise for competitive bids to effect repairs or modifications to any signal or signal system. Examples of such work include but are not limited to: 1. Replace the aging/existing green vehicle signal indications (green arrows and green circle indications) at 58 intersections with new indications. The approximate number of green indications is 1,100. 2. Replacing the aging vehicle detection system at four intersections along San Ramon Road. Services Agreement between October 2, 2024 City of Dublin and Bear Electrical Solutions, LLC Exhibit A — Page 7 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 3.3 Fiber Optics On the City's request, the Contractor shall designate one person who has knowledge and appropriate licenses to install, troubleshoot, test (OTDR) and make recommendations for the City's fiber optics system. The Contractor may also subcontract fiber optics work to an outside company at its own expense to troubleshoot the City's fiber optics network. Upon completion of any fiber optic work, the contractor shall provide the City with a drawing or mark-up indicating the new fiber connections. The Contractor shall also provide qualified staff to complete the following scope: • ITS expertise including networking design, implementation, and deployment as well as programming and activation of switches, hubs, & routers • Certified Fiber Installation, Splicing, Testing, Reporting, and Turn -On • Certified technicians to land and connect the fiber in traffic signal cabinet and the City's traffic Operation Center. 3.4 Overview of On -Call Projects Process When requesting services for work under on -call contract, a City project manager will request services on a "Time and Material" basis. The selected firm's services shall be provided based on the costs proposed in the below "Cost Proposal" for scope mentioned in Section 1 and 2. The services will be negotiated on a per project basis and have a budget and specific work scope, submitted on letterhead and signed by the designated project manager for Lump sum Work mentioned in Sections 3. Services Agreement between October 2, 2024 City of Dublin and Bear Electrical Solutions, LLC Exhibit A — Page 8 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES SCHEDULE A LABOR SCHEDULE # Description Hourly Rate Straight Time Overtime 1 Operations Superintendent Reviews and Approves all work; provides input to Engineer $ 155.00 $ 220.00 2 Engineering Technician Acts as technical liaison; assists Engineer with operation of equipment $ 145.00 $ 210.00 3 Lead Man Guides and assists field technicians and signalmen $ 155.00 $ 220.00 4 Traffic Signal Technician — Field Troubleshoots, maintains, repairs field equipment, and programming controller with signal timing plan. $ 145.00 $ 210.00 5 Traffic Signal Technician — Lab Troubleshoots, maintains, repairs equipment in lab, and programming controller with signal timing plan. $ 145.00 $ 210.00 6 Traffic Signal Person Under direction of lead man, assists field $ 145.00 $ 210.00 7 Traffic Signal Person — Apprentice In -training; assists traffic signalman $ 135.00 $ 200.00 8 Traffic Signal Laborer Assists signalman in field $ 95.00 $ 125.00 SCHEDULE B EQUIPMENT SCHEDULE # Description Cost per Response or CaII/Per Hour 1 Personnel Vehicle (Per Response)(Per $ 50.00 2 Pickup Truck Response)(Per $ 50.00 3 Service Truck Response) $ 50.00 4 Boom Truck (Per Hour) $ 65.00 5 Paint Rig Truck (Per Response) $ 100.00 6 Bucket Truck (Hydraulic, Man -Lift) (Per Hour) $ 40.00 7 Air Compressor (Per Response)(Per $ 100.00 8 Water Truck Response)(Per $ 100.00 9 Concrete Saw Response) $ 100.00 Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Exhibit A — Page 9 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F SCHEDULE C EQUIPMENT TESTING SCHEDULE # Description Unit Costs 1 New Controller Cabinet (TS — 2 Type 1 "P") Each $ 1,200.00 2 New Signal Controller Each $ 350.00 MODIFIED SCHEDULE D SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (STRAIGHT TIME) # Description Unit Cost 1 1 to 4 (6'x6') Type E Loop Each $ 750.00 2 5 to 8 (6'X6') Type E Loop Each $ 650.00 3 1 to 4(modified round Type D loops) Type E loops with a circular shape Each $ 750.00 4 5 to 8 (modified round Type D loops) Type E loops with a circular shape Each $ 650.00 5 Furnish and install Audible PPB (Polara) Polara 2 Wire iNS25ANO-G PPB. Include furnish and installation of CCU. Each $ 4,370.00 6 Furnish and replace Audible PPB (Polara) Polara 2 Wire iNS25ANO-G PPB Each $ 800.00 7 Furnish and install ADA compliant PPB post (no foundation replacement) Each $ 640.00 8 Furnish and install ADA compliant PPB post (with foundation replacement) Each $ 2,000.00 9 Furnish and Install Caltrans Standard Type 15 pole with new 8' luminaire mast arm (no foundation replacement) Each $ 4,720.00 10 Furnish and Install Caltrans Standard Type 15 pole with new 8' luminaire mast arm (with foundation replacement) Each $ 10,250.00 11 Furnish and Install 12' Decorative pedestrian light pole (no foundation replacement) — Philips LUMEC Pole: SM6N-18.5-IP- PW-BKTX-LMS46497K Each $ 7,000.00 12 Furnish and Install 12' Decorative pedestrian light pole (with foundation replacement) — Philips LUMEC Pole: SM6N-18.5-IP- PW-BKTX-LMS46497K Each $ 13,945.00 13 Deleted $- 14 Deleted $- 15 Caltrans Standard Type 1-A — 10' (no foundation replacement) Each $ 2,840.00 16 Caltrans Standard Type 1-A - 10' (with foundation replacement) Each $ 6,800.00 17 Caltrans Standard Type 1-B — 10' (no foundation replacement) Each $ 2,150.00 18 Caltrans Standard Type 1-B - 10' (with foundation replacement) Each $ 5,900.00 19 Caltrans Standard Type 1-D — 10' (no foundation replacement) Each $ 2,800.00 20 Caltrans Standard Type 1-D -10' (with foundation replacement) Each $ 7,000.00 21 Furnish and Install Caltrans Standard Type 18-4-100 with foundation with 30' mast arm Each $ 29,800.00 Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Exhibit A — Page 10 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F 22 Furnish and Install Caltrans Standard Type 19-4-100 with foundation with 30' mast arm Each $ 34,900.00 23 Furnish and Install Caltrans Standard Type 17-3-100 with foundation with 30' mast arm Each $ 50,500.00 24 Install City -furnished Video Detection Camera (new) along with cable run Per Camera $ 1,500.00 25 Replace existing camera with city -furnished Video Detection Camera Per Camera $ 1,500.00 26 Install Caltrans Standard Type 15 pole with new 8'Iuminaire mast arm with LED light and Install Foundation, Luminaire: Leotek Green Cobra Streetlights, include photocell, GCJ1-30J- MV-30K-2R-G Y-035-PCR7-CR-WL-RWG Each $ 9,500.00 27 Install Caltrans Standard Type 15 pole with new 8'Iuminaire mast arm with LED light, Luminaire: Leotek Green Cobra Streetlights, include photocell, GCJ1-30J-MV-30K-2R-GY-035- PCR7-CR-WL-RWG Each $ 3,500.00 28 Remove existing type 15 Pole Each $ 1,500.00 29 Pull box # 3.5 install in sidewalk area, include sidewalk restoration cost Each $ 540.00 30 Pull box # 5 install in sidewalk area, include sidewalk restoration cost Each $ 560.00 31 Pull box # 6 install in sidewalk area, include sidewalk restoration cost Each $ 625.00 32 Pull box #6E install in sidewalk area, include sidewalk restoration cost $ 690.00 33 Pull box #N48 install in sidewalk area, include sidewalk restoration cost $ 1,450.00 34 Pull box lid for # 3.5, concrete lid only allowed Each $ 190.00 35 Pull box lid for #5, concrete lid only allowed Each $ 230.00 36 Pull box lid for #6, concrete lid only allowed Each $ 270.00 37 Pull box lid for #6E, concrete lid only allowed $ 270.00 38 Pull box lid for #N 48, concrete lid only allowed $ 645.00 39 12" LED signal (Green — Ball) Each $ 140.00 40 12" LED signal (Yellow — Ball) Each $ 140.00 41 12" LED signal (Red — Ball) Each $ 140.00 42 12" LED signal (Green — Arrow) Each $ 140.00 43 12" LED signal (Yellow — Arrow) Each $ 140.00 44 12" LED signal (Red — Arrow) Each $ 140.00 45 Install LED countdown pedestrian signal Each $ 250.00 46 Type "C" pedestrian signal housing Each $ 315.00 47 12" full circle visor Each $ 65.00 48 3 section 12" back plate (Louvered) Each $ 175.00 49 3 section signal head complete assembly installation, Complete assembly includes signal head, framework, LED modules, backplate and visor Each* $ 1,250.00 50 4 section signal head complete assembly installation Each* $ 1,465.00 51 5 section signal head complete assembly installation Each* $ 1,680.00 Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Exhibit A — Page 11 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 52 Sidewalk Replacement (5' X 5' X 4') Per Flag $ 2,560.00 53 Furnish and Install GPS based Optical Detector on mast arm, Include cable installation Each $ 1,280.00 54 Furnish and Install GPS based Discriminator Card — 2 Channel, Opticom 762 Phase Selector Each $ 4,280.00 55 Furnish and Install CCTV/PTZ camera system with switch, CODEC, and cabling AXIS P5655—E PTZ Network Camera Each $ 4,450.00 56 Furnish and Install LED illuminated street name sign (6 feet) Temple Edge -Lit LED RAZOR SNS or approved equal. Do not include conductor and cable installation. Each $ 4,050.00 57 Furnish and Install LED illuminated street name sign (8 feet) Temple Edge -Lit LED RAZOR SNS or approved equal. Do not include conductor and cable installation. Each $ 4,300.00 58 Locate and mark existing traffic signal loop Per Loop $ 275.00 59 Bore and install 3" conduit with 12 SM Fiber Optics line to replace an existing damaged conduit. Include traffic control, potholing and restoration LF $ 130.00 60 Bore and install 3" conduit with 140 SM Fiber Optics line to replace an existing damaged conduit. Include traffic control, potholing and restoration. LF $ 140.00 61 Test the fiber optic line, end to end, both direction (OTDR) LS $ 550.00 62 Trouble shoot fiber optics break Hour $ 185.00 *Priced with TV-1T Framework SCHEDULE E SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (OVER TIME) # Description Unit Cost 1 1 to 4 (6'x6') inductive loops (Type A or D) Each $ 1,400.00 2 1 to 4 Type E Loop Each $ 1,400.00 3 5 to 8 Type E Loop Each $ 1,300.00 4 5 to 8 (6'x6') inductive loops (Type A or D) Each $ 1,200.00 5 9 or more (6'x6') inductive loops (Type A or D) Each $ 1,300.00 6 PPB post (no foundation replacement) Each $ 975.00 7 PPB post (with foundation replacement) Each $ 1,500.00 8 Type 1-A — 10' (no foundation replacement) Each $ 4,260.00 9 Type 1-A — 10' (with foundation replacement) Each $ 8,750.00 10 Type 1-B — 10' (no foundation replacement) Each $ 3,225.00 11 Type 1-B — 10' (with foundation replacement) Each $ 8,450.00 12 Type 1-D — 10' (no foundation replacement) Each $ 4,200.00 13 Type 1-D — 10' (with foundation replacement) Each $ 8,750.00 14 Pull box # 3.5 Each $ 180.00 15 Pull box # 5 Each $ 200.00 16 Pull box # 6 Each $ 230.00 17 Pull box lid for # 3.5 Each $ 180.00 Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Exhibit A — Page 12 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 18 Pull box lid for # 5 Each $ 200.00 19 Pull box lid for # 6 Each $ 230.00 20 12" LED signal (Green - Ball) Each** $ 560.00 21 12" LED signal (Yellow - Ball) Each** $ 560.00 22 12" LED signal (Red - Ball) Each** $ 560.00 23 12" LED signal (Green - Arrow) Each** $ 560.00 24 12" LED signal (Yellow - Arrow) Each** $ 560.00 25 12" LED signal (Red - Arrow) Each** $ 560.00 26 8" LED signal (Green - Ball) Each** $ 555.00 27 8" LED signal (Yellow - Ball) Each** $ 555.00 28 8" LED signal (Red - Ball) Each** $ 555.00 29 8" LED signal (Green - Arrow) Each** $ 555.00 30 8" LED signal (Yellow - Arrow) Each** $ 555.00 31 8" LED signal (Red - Arrow) Each** $ 560.00 32 LED pedestrian signal Each** $ 645.00 33 LED countdown pedestrian signal Each** $ 670.00 34 Audible signal Each** $ 745.00 35 Type "C" pedestrian signal housing Each** $ 560.00 36 12" full circle visor _ Each** $ 535.00 37 8" full circle visor Each** $ 560.00 38 3 section 8" back plate (Louvered) Each** $ 585.00 39 3 section 12" back plate (Louvered) Each** $ 585.00 40 3 section signal head complete assembly installation Each** $ 1,295.00 41 4 section signal head complete assembly installation Each** $ 1,935.00 42 5 section signal head complete assembly installation Each** $ 2,575.00 43 Remove and secure a knockdown streetlight Each** $ 780.00 SCHEDULE F CONDUIT SUPPLY AND INSTALL SCHEDULE # Description Unit Cost RIGID PVC CONDUIT (SCHEDULE 40) 1 Trench 1.5" conduit LF $ 35.00 2 Trench 2.0" conduit LF $ 36.00 3 Trench 2.5" conduit LF $ 37.00 4 Trench 3" conduit LF $ 38.00 5 Bore 1.5" conduit LF $ 130.00 6 Bore 2.0" conduit LF $ 130.00 7 Bore 2.5" conduit LF $ 130.00 8 Bore 3" conduit LF $ 130.00 RIGID PVC CONDUIT (SCHEDULE 80) Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Exhibit A - Page 13 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 1 Trench 1.5" conduit LF $ 40.00 2 Trench 2.0" conduit LF $ 41.00 3 Trench 2.5" conduit LF $ 42.00 4 Trench 3" conduit LF $ 43.00 5 Bore 1.5" conduit LF $ 130.00 6 Bore 2.0" conduit LF $ 130.00 7 Bore 2.5" conduit LF $ 130.00 8 Bore 3" conduit LF $ 130.00 SCHEDULE G CONDUIT SUPPLY AND INSTALL SCHEDULE # Description Unit Cost RIGID STEEL CONDUIT 1 Trench 1.5" conduit LF $ 50.00 2 Trench 2.0" conduit LF $ 51.00 3 Trench 2.5" conduit LF $ 52.00 4 Trench 3" conduit LF $ 53.00 5 Bore 1.5" conduit LF $ 140.00 6 Bore 2.0" conduit LF $ 140.00 7 Bore 2.5" conduit LF $ 140.00 8 Bore 3" conduit LF $ 140.00 SCHEDULE H REPLACE/INSTALL SCHEDULE (MATERIALS WILL BE SUPPLIED BY THE CITY WHERE SPECIFIED) # Description Unit Cost 1 City furnished Battery Backup system in an existing "P" cabinet Each $ 2,960.00 2 City furnished Battery Backup system in a stand-alone cabinet Each $ 2,960.00 3 City furnished Battery Backup system and foundation Each $ 5,920.00 4 City furnished LED signal (vehicle indication only) Each $ 185.00 5 City furnished LED signal (Pedestrian indication only) Each $ 185.00 6 Installation of Timing Plan in controller Each $ 370.00 7 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on existing foundation Each $ 2,960.00 8 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on new foundation. Furnish and install new foundation Each $ 5,920.00 9 City furnished Pedestrian signal housing replacement (Type C) Each $ 370.00 10 Attach City furnished solar -powered radar sign to existing pole Each $ 1,480.00 11 Install City furnished radar feedback sign or flashing beacon - Furnish and install foundation and pole in sidewalk Each $ 6,450.00 12 Install City furnished radar feedback sign or flashing beacon - Furnish and install foundation and pole in dirt Each $ 5,920.00 Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Exhibit A - Page 14 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 13 Install City furnished RRFB. Furnish and install foundation with pole in dirt (complete system may be 2 or 3 RRFB) LS $ 5,920.00 14 Install City furnished RRFB. Furnish and install foundation with pole in sidewalk (complete system may be 2 or 3 RRFB) LS $ 5,920.00 15 Install City furnished GPS Opticom with receiver Each $ 740.00 SCHEDULE I MINOR REPAIR SCHEDULE (STRAIGHT TIME) # Description Unit Cost 1 Turned signal head Each $ 277.50 2 Turned pedestrian signal head Each $ 277.50 3 Loose back plate Each $ 277.50 4 Loose or missing visor Each $ 185.00 5 Re -splice loop Each $ 370.00 6 Reseal Loop Each $ 740.00 7 Loose IISNS Each $ 277.50 8 Installation of traffic sign on mast arm Each $ 277.50 9 Signal on Flash and Reset the MMU Each $ 370.00 10 Clean PTZ and Video detection lens Each $ 277.50 SCHEDULE J MINOR REPAIR SCHEDULE (OVERTIME) # Description Unit Cost 1 Turned signal head Each $ 277.50 2 Turned pedestrian signal head Each $ 277.50 3 Loose back plate Each $ 277.50 4 Signal on Flash and Reset the MMU Each $ 370.00 5 Loose visor Each $ 185.00 6 Re -splice loop Each $ 370.00 7 Signal on Flash and Reset the MMU Each $ 370.00 8 Reseal Loop Each $ 740.00 9 Loose IISNS Each $ 277.50 Please note all reimbursable costs are included in rates above. All CPI increases shall be calculated by Contractors and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. Remit invoices to: PWlnvoices@dublin.ca.gov Services Agreement between City of Dublin and Bear Electrical Solutions, LLC October 2, 2024 Exhibit A — Page 15 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DC ELECTRIC GROUP FOR ON -CALL ELECTRICAL, TRAFFIC SIGNAL, TRAFFIC SIGNAL COMMUNICATION, STREETLIGHT SUPPORT AND EMERGENCY REPAIR SERVICES THIS AGREEMENT for On -Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair services is made by and between the City of Dublin ("City") and DC Electric Group ("Contractor") (together sometimes referred to as the "Parties") as of October 2, 2024 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 1 of 21 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F standard of performance provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder. 1.5 Public Works Contractor Registration. Because the services described in Exhibit A include "work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work," the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. 1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code Section 1725.5. Contractor further agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $500,000, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the amount of compensation between this Agreement and Consultant's proposal, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 2 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense ■ The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; ■ The Contractor's signature; ■ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 3 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 4 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 5 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project's safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 6 of 21 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers' Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 7 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non -owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 8 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self - insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 9 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 10 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 11 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 12 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 13 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 14 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 15 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: John Abraham, Regional Manager 40 Berry Drive, Pacheco, CA 94553 P.O.Box 7525, Cotati, CA 94931 Any written notice to City shall be sent to: City of Dublin Att: Sai Midididdi 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses 10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 16 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City -approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. 10.13 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq. A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one -and -one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 17 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F week, in violation of the provisions of California Labor Code Section 1810 and following. B. WAGES: i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: a. The contract executed between the Consultant and the subcontractor for the performance of part of the services Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 18 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records. c. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 19 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. SIGNATURES ON FOLLOWING PAGE Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 20 of 21 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN DC ELECTRIC GROUP, INC. Linda Smith D'Ambrosio, City Manager Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 DocuSigned by: s) uA, Qtivra(A,a. '-1F1BF4B2A391405... John Abraham, Regional Manager John Abraham, Regional Manager Contractor's DIR Registration Number (if applicable) Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Page 21 of 21 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F EXHIBIT A SCOPE OF SERVICES COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES On -Call Electrical, Traffic Signal, Traffic Signal Communication, and Streetlight Support and Emergency Repair Services The City's traffic signal and streetlight preventive maintenance services are contracted to Alameda County Traffic Signal Maintenance staff. The Contractor(s) selected through this RFQ shall provide On -Call Support and Emergency Repair Services for the City's traffic signals, streetlight and other electrical infrastructure. The Contractor will primarily provide support to City staff or Alameda County Traffic Signal Maintenance staff as needed on a workorder basis. On -call and during emergency situations, the Contractor shall furnish and supply all labor, equipment, and materials and perform all work, as needed, to maintain and repair all traffic signal equipment, fiberoptic cable, safety lights, and streetlights. Various classifications of On -Call repair work include the following services listed below. No payment will be made for services not expressly authorized by the City staff. 1.0 Accidental Damage Repair On the City's request, the Contractor shall repair damage to traffic signal systems and streetlights resulting from traffic accidents. Accidental damage repair work includes cleanup of debris from an accident, such as a pole knockdown, erection of barricades or signs, or hookup of a temporary signal controller, temporary poles and signals, if necessary, and any other work required to safeguard against any or all injury or damage to the public and reduce to a minimum any inconvenience to the public. The Contractor shall provide adequate traffic control and warning signs per the latest MUTCD guidelines and shall maintain erected warning and directional signs while work is in progress. Two signal heads facing each approach shall be considered the minimum acceptable operation pending permanent repairs unless otherwise authorized by City staff. All temporary signals, controllers, or other equipment shall provide the same functional capability as the original installation. 1.1 Traffic Signal Modification This work consists of modifying any existing signal features or components and/or correcting signal malfunctions of any kind, including those that are the result of accidental damage (knockdown), vandalism, pavement failure, or obsolescence. Signal modifications and repair includes improvements necessary to correct equipment deterioration, malfunction, or other equipment failure. The traffic signal modifications and repair scope include but not limited to: • Traffic signal poles and mast arms • Safety lighting poles Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Exhibit A - Page 1 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F • Video system installation and repair - CCTV & video detection • Emergency Vehicle Pre-emption • Battery Back-up Systems (BBS) • Audible Pedestrian Signals (APS) • Loop Vehicle Detection Systems • Associated or appurtenant concrete work for sidewalk and curb ramps that may need to be modified or adjusted based on traffic signal modifications • Underground utility installation & repair • Live Electronic Records Management System • After hours and emergency response, including PG&E Public Safety Power Shutoff (PSPS)Events, Flex Alerts, other planned power shutoff events 1.2 Detector Loops On the City's request, the Contractor shall test detector loops, detection cameras and detector lead -in -cables for Meg Ohms reading, continuity, frequency, and inductance. At the request of City staff, the Contractor shall provide qualified staff to repair the detector loops per State and City standards. 1.3 Video Detection On the City's request, the Contractor shall provide qualified personnel to install, test and adjust the video detection systems. Otherwise, the Contractor will be responsible to hire qualified personnel from the video detection manufacturer to program the camera at their expense. The Contractor shall also be able to install, operate and program a pan - tilt -zoom camera (PTZ camera) as needed. 1.4 Streetlights On the City's request, the Contractor shall provide temporary or permanent repairs to streetlight equipment and appurtenances (LED fixtures, photocell) which the Contractor may be called upon from time to time by the City to repair, replace, or refurbish when streetlight or streetlight pole has been damaged by such things as, but not limited to, vehicle accidents or natural causes. The contractor shall ensure that in the event of a knockdown, that the affected area is secure and that no exposed wires are present. At the request of City staff, the Contractor shall repair or replace streetlight wire and conduits in the event of an outage or wire theft. Unless specified, the City will furnish the appropriate LED fixtures to the contractor. 1.5 New Traffic Signal Turn -on Support On the request of City staff, the Contractor shall provide the following services to facilitate the installation of a new traffic signal or pedestrian hybrid beacon: Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Exhibit A - Page 2 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F 1. Prior to the acceptance of a new traffic signal by the City, the Contractor will inspect the traffic signal and prepare a punch list for corrective measures (if required). The signal construction Contractor will undertake all corrective measures. 2. The Contractor shall test related timing plans in the controller for new traffic signals before they are installed. 3. The Contractor shall provide qualified personnel to make all necessary field connections of the new traffic signal to the controller. This includes, but is not limited to, signal interconnect cable, detector lead-in cable, video detection (i.e., GPS, Opticom, etc.) 4. The Contractor shall be present at signal turn-ons even if the traffic signal is being constructed by a different contractor. 1.6 Training City staff may request training in the use of certain equipment. This training will be provided on a time -and -material basis, as required. Tasks may include programming a controller, video detection system and any assistance to City staff. 1.7 Traffic Control The Contractor shall conduct operations to cause the least possible obstruction and inconvenience to public traffic. All traffic shall be permitted to pass through the work area. Contractor shall furnish, erect, and maintain sufficient warning and directional signs, barricades, and lights and shall furnish sufficient flagmen to give adequate warning to the public, at all times, that the road or street is under construction and of any dangerous conditions that may be encountered as a result thereof, in accordance with the CA MUTCD. Whenever it is necessary to block any traffic lanes in order to complete any portion of the work, the Contractor shall notify the Dublin Police Department and the Dublin Fire Department, as well as City staff. Lane closure and times scheduled for closure shall be subject to approval of City staff. At least one (1) lane of traffic shall be kept open in each direction, at all times. On major arterials, no lane closures shall take place before 9:00 a.m. or after 3:00 p.m., without prior approval from City staff. Failure on the part of the Contractor to provide adequate signing and barricading will give authority to City staff to provide such protection, as is necessary by City forces or an independent contractor. All costs of protection shall be charged to the Contractor. Repetitive failure shall be sufficient cause to terminate the contract. 1.8 Spare Materials and Equipment Availability The Contractor shall maintain adequate storage and shop repair facilities to perform all work including a sufficient stock of common spare parts and signal equipment to effect permanent repairs to the system with the exception of controllers and cabinets. The City Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Exhibit A - Page 3 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F will provide spare controllers and cabinets on an as needed basis. The Contractor shall be responsible for maintaining adequate storage facilities to store City supplied materials. The contractor shall provide equipment and apply installation procedures which are acceptable to City staff and per City standards. 1.9 Parts, Material Quality, and Workmanship Unless otherwise provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this agreement shall be of the best quality of their respective kind and for their purpose. Wherever replacement of material or equipment, in accordance with the Standard Plans and Specifications may cause an obvious difference in either appearance or operation of the system or would be in any way incompatible with other existing equipment, the Contractor shall so inform City staff. All phases of the work are subject to inspection and approval of City staff. All permanent repairs to the system shall be undertaken within a time period approved by the City Engineer. Failure to effect permanent repairs within this time limit shall be sufficient cause for City staff to authorize repairs to be completed by another contractor. The Contractor shall be responsible for furnishing all spare parts necessary to maintain the continued safe and efficient operation of the signals whenever the original unit is withdrawn for maintenance, repair, or modification. All component parts of each system shall be maintained at all times to perform the functions for which they were designed, unless authorized otherwise by City staff. 1.10 Maintenance Records The following records shall be maintained by the Contractor covering signal maintenance activities: A record of all service calls, repairs, and relevant data pertaining to each individual intersection will be kept in the controller cabinet and properly annotated by the Contractor, at the time of any repair work or modifications. A duplicate record will be kept on file in the Contractor's office and will be sent to City staff, included on the monthly summary report. The Contractor shall supply a copy of the maintenance record to City staff. Signal -timing charts will be kept in the controller cabinet. The Contractor shall record all signal -timing changes on these charts, and identify the personnel implementing the change and dates of changes. Only City staff shall authorize timing changes. The Contractor may make changes required on a temporary basis due to maintenance operations, such as detector failures, but must inform City staff immediately of each change. Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Exhibit A - Page 4 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F A duplicate record of all service calls, repairs, and relevant data pertaining to each individual request is to be kept on file in the Contractor's office and available to the City upon request. A database shall be maintained indicating previous and scheduled work orders. 1.11 Maintenance Report The Contractor shall provide reports when on -call to City staff. The submitted report shall contain, as a minimum, the following information on every work order: • Date of visit to the location • Location/Intersection name and/or number • Purpose of the visit (include the name of City staff who requested the service) • Work accomplished during the visit The Contractor shall submit to City staff reports of any breakdowns of individual pieces of equipment due to mechanical failure, and report of major repairs to any equipment, the reason for repairs and recommendation for any major repairs to equipment that the Contractor deems necessary for proper performance. Before any work is begun, the Contractor shall provide a quote to be approved by City staff. 1.12 Work Force 1. The Contractor shall always maintain a force of sufficiently trained, qualified traffic signal maintenance employees, preferably International Municipal Signal Association (IMSA) certified, having work experience of a minimum of two years to perform the work as required by City staff. 2. The team of qualified employees shall be sufficient to respond to emergency calls, which may be received at any time, and to promptly make temporary and permanent repairs. 3. The Contractor shall retain qualified engineering or technical personnel capable of working with the types of controllers in the City's system (example: NAZTEC 980, 2070, Cubic Trafficware 980 ATC and Commander). 1.13 Response and Service The Contractor shall provide response and service in the following manner: 1. The Contractor shall designate and inform City staff of a telephone number(s), where he/she can be reached concerning response or on -call maintenance. The Contractor shall be accessible at this telephone number(s) and available to perform traffic signal repair/response maintenance, twenty-four (24) hours a day, seven (7) days a week, including holidays. A fax number and an e- mail address for transmitting documents shall be owned and operated by the Contractor Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Exhibit A - Page 5 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F 2. The Contractor shall provide adequate shop facilities, maintenance vehicles with two-way radio dispatch capability, and tools, inventory, and testing equipment to accomplish all the work described above 3. When the notification is sent by City staff to the Contractor regarding an on -call work: a. If the Contractor receives the call between 8:00 a.m. and 5:00 p.m., the response time shall not exceed two (2) hours, Monday through Friday. b. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours. c. When a situation exists that City staff deems dangerous or an emergency and so advises the Contractor, the Contractor shall dispatch qualified personnel and appropriate equipment and material to correct the situation, as soon as possible, but in no case later than indicated above. d. Contractor's response to emergency repair should be coordinated with City staff. 2. Other Work 2.1 Conduit Installation The Contractor shall provide all necessary labor, equipment, and materials to install conduits for traffic signals, signal interconnects or any other work as required by City staff. The work shall be paid in accordance with the contract unit price on Schedule F and G. 2.2 Replace/Install Only City staff may, from time to time, ask the Contractor to replace existing signal appurtenances with new or advanced ones. City staff will supply the materials and the Contractor's responsibility shall be limited to the installation and replacement only. Payment for such work shall be in accordance with the contract unit price on Schedule H. 2.3 Specific Material Installation Rates The Contractor shall provide all necessary labor, equipment, and materials for responses and services to execute any work shown either on Schedule D or Schedule E. The cost of such repairs shall be billed in accordance with the contract unit price on Schedule D during regular work hours. Work executed during weekends and beyond regular work hours shall be paid in accordance with the unit contract price on Schedule E. 2.4 Minor Repair The payment for minor repair work, such as fixing of turned signal heads, turned pedestrian signal heads, loose back plates, loose visors, loose internally illuminated Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Exhibit A - Page 6 of 15 Docusign Envelope ID: 831E1557-0310-4D64-B37D-D29C9044561F street name signs (IISNS) or re -splicing of loops, shall be paid in accordance with the contract unit price on Schedule J, during regular work hours. Work executed during weekends and beyond regular work hours shall be paid in accordance with the contract unit price on Schedule I. 3. Lump Sum Work 3.1 Repair of Radar Signs and Flashing Beacons Damaged due to Accident/Vandalism/Acts of God The Contractor shall provide all necessary labor, equipment, and material for responses and services to repair any existing Radar Sign or Flashing Beacon damaged as a result of accidents, vandalism (wire theft), and other acts beyond the control of the City or the Contractor or install at new locations. If applicable, all or part of such work shall be paid in accordance with any category under the appropriate unit price schedules. If not applicable, all or part of the work shall be paid in accordance with hourly labor rates and equipment rates (Schedules A and B) plus the marked -up invoice cost (less than or equal to 10%) of the materials. The Contractor shall be responsible for dividing the work under unit price work and lump sum work and submitting an invoice/quote to City staff for payment or approval for execution of the work. 3.2 Signal Modifications Whenever City staff deems it necessary to make modifications to an existing, aging traffic signal infrastructure, City staff shall authorize the Contractor to make the necessary modifications. The Contractor shall make such modifications only after receiving a plan and/or an authorization in writing from City staff. The Contractor shall provide all necessary labor, equipment, and materials to provide signal modification work as recommended and approved by City staff. If applicable, all or part of such work shall be paid in accordance with any category under the appropriate unit price schedules. If not applicable, all or part of the work shall be paid in accordance with hourly labor rates and equipment rates (Schedules A and B) plus the marked -up invoice cost (less than or equal to 10%) of the materials. The Contractor shall be responsible for dividing the work under unit price work and lump sum work and submitting a quote to City staff for approval. The City also reserves the right to advertise for competitive bids to effect repairs or modifications to any signal or signal system. Examples of such work include but are not limited to: 1. Replace the aging/existing green vehicle signal indications (green arrows and green circle indications) at 58 intersections with new indications. The approximate number of green indications is 1,100. 2. Replacing the aging vehicle detection system at four intersections along San Ramon Road. Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Exhibit A - Page 7 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F 3.3 Fiber Optics On the City's request, the Contractor shall designate one person who has knowledge and appropriate licenses to install, troubleshoot, test (OTDR) and make recommendations for the City's fiber optics system. The Contractor may also subcontract fiber optics work to an outside company at its own expense to troubleshoot the City's fiber optics network. Upon completion of any fiber optic work, the contractor shall provide the City with a drawing or mark-up indicating the new fiber connections. The Contractor shall also provide qualified staff to complete the following scope: • ITS expertise including networking design, implementation, and deployment as well as programming and activation of switches, hubs, & routers • Certified Fiber Installation, Splicing, Testing, Reporting, and Turn -On • Certified technicians to land and connect the fiber in traffic signal cabinet and the City's traffic Operation Center. 3.4 Overview of On -Call Projects Process When requesting services for work under on -call contract, a City project manager will request services on a "Time and Material" basis. The selected firm's services shall be provided based on the costs proposed in the below "Cost Proposal" for scope mentioned in Section 1 and 2. The services will be negotiated on a per project basis and have a budget and specific work scope, submitted on letterhead and signed by the designated project manager for Lump sum Work mentioned in Sections 3. Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Exhibit A - Page 8 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES SCHEDULE A LABOR SCHEDULE # Description Hourly Rate Straight Time Overtime 1 Operations Superintendent Reviews and Approves all work; provides input to Engineer $ 165.00 $ 250.00 2 Engineering Technician Acts as technical liaison; assists Engineer with operation of equipment $ 165.00 $ 250.00 3 Lead Man Guides and assists field technicians and signalmen $ 165.00 $ 250.00 4 Traffic Signal Technician — Field Troubleshoots, maintains, repairs field equipment, and programming controller with signal timing plan. $ 149.00 $ 235.00 5 Traffic Signal Technician — Lab Troubleshoots, maintains, repairs equipment in lab, and programming controller with signal timing plan. $ 149.00 $ 244.00 6 Traffic Signal Person Under direction of lead man, assists field $ 149.00 $ 244.00 7 Traffic Signal Person — Apprentice In -training; assists traffic signalman $ 98.00 $ 149.00 8 Traffic Signal Laborer Assists signalman in field $ 98.00 $ 149.00 SCHEDULE B EQUIPMENT SCHEDULE # Description Cost per Response CaII/Per Hour 1 Personnel Vehicle (Per Response)(Per $ 49.00 2 Pickup Truck Response)(Per $ 49.00 3 Service Truck Response) $ 49.00 4 Boom Truck (Per Hour) $ 144.00 5 Paint Rig Truck (Per Response) $ 85.00 6 Bucket Truck (Hydraulic, Man -Lift) (Per Hour) $ 69.00 7 Air Compressor (Per Response)(Per $ 481.00 8 Water Truck Response)(Per $ 125.00 9 Concrete Saw Response) $ 125.00 Services Agreement between City of Dublin and DC Electric Group October 2, 2024 Exhibit A — Page 9 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F SCHEDULE C EQUIPMENT TESTING SCHEDULE # Description Unit Costs 1 New Controller Cabinet (TS — 2 Type 1 "P") Each $ 1,300.00 2 New Signal Controller Each $ 650.00 MODIFIED SCHEDULE D SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (STRAIGHT TIME) # Description Unit Cost 1 1 to 4 (6'x6') Type E Loop Each $ 2,000.00 2 5 to 8 (6'X6') Type E Loop Each $ 1,200.00 3 1 to 4(modified round Type D loops) Type E loops with a circular shape Each $ 2,000.00 4 5 to 8 (modified round Type D loops) Type E loops with a circular shape Each $ 1,200.00 5 Furnish and install Audible PPB (Polara) Polara 2 Wire iNS25ANO-G PPB. Include furnish and installation of CCU. Each $ 5,000.00 6 Furnish and replace Audible PPB (Polara) Polara 2 Wire iNS25ANO-G PPB Each $ 750.00 7 Furnish and install ADA compliant PPB post (no foundation replacement) Each $ 950.00 8 Furnish and install ADA compliant PPB post (with foundation replacement) Each $ 2,300.00 9 Furnish and Install Caltrans Standard Type 15 pole with new 8' luminaire mast arm (no foundation replacement) Each $ 6,000.00 10 Furnish and Install Caltrans Standard Type 15 pole with new 8' luminaire mast arm (with foundation replacement) Each $ 11,000.00 11 Furnish and Install 12' Decorative pedestrian light pole (no foundation replacement) — Philips LUMEC Pole: SM6N- 18.5-I P-PW-BKTX-L MS4 649 7K Each $ 6,000.00 12 Furnish and Install 12' Decorative pedestrian light pole (with foundation replacement) — Philips LUMEC Pole: SM6N- 18.5-IP-PW-BKTX-LMS4649 7K Each $ 10,200.00 13 Deleted $ - 14 Deleted $ - 15 Caltrans Standard Type 1-A — 10' (no foundation replacement) Each $ 2,700.00 16 Caltrans Standard Type 1-A - 10' (with foundation replacement) Each $ 7,700.00 17 Caltrans Standard Type 1-B — 10' (no foundation replacement) Each $ 2,200.00 18 Caltrans Standard Type 1-B - 10' (with foundation replacement) Each $ 7,000.00 19 Caltrans Standard Type 1-D — 10' (no foundation replacement) Each $ 2,700.00 20 Caltrans Standard Type 1-D -10' (with foundation replacement) Each $ 7,700.00 21 Furnish and Install Caltrans Standard Type 18-4-100 with foundation with 30' mast arm Each $ 32,000.00 22 Furnish and Install Caltrans Standard Type 19-4-100 with foundation with 30' mast arm Each $ 35,500.00 Services Agreement between City of Dublin and DC Electric Group October 2, 2024 Exhibit A— Page 10 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F 23 Furnish and Install Caltrans Standard Type 17-3-100 with foundation with 30' mast arm Each $ 35,000.00 24 Install City -furnished Video Detection Camera (new) along with cable run Per Camera $ 3,700.00 25 Replace existing camera with city -furnished Video Detection Camera Per Camera $ 1,300.00 26 Install Caltrans Standard Type 15 pole with new 8'Iuminaire mast arm with LED light and Install Foundation, Luminaire: Leotek Green Cobra Streetlights, include photocell, GCJ1- 30J-MV-30K-2R-G Y-035-PCR7-CR-WL-RWG Each $ 11,400.00 27 Install Caltrans Standard Type 15 pole with new 8'Iuminaire mast arm with LED light, Luminaire: Leotek Green Cobra Streetlights, include photocell, GCJ1-30J-MV-30K-2R-GY- 035-PCR7-CR-WL-RWG Each $ 6,400.00 28 Remove existing type 15 Pole Each $ 1,700.00 29 Pull box # 3.5 install in sidewalk area, include sidewalk restoration cost Each $ 780.00 30 Pull box # 5 install in sidewalk area, include sidewalk restoration cost Each $ 810.00 31 Pull box # 6 install in sidewalk area, include sidewalk restoration cost Each $ 840.00 32 Pull box #6E install in sidewalk area, include sidewalk restoration cost $ 840.00 33 Pull box #N48 install in sidewalk area, include sidewalk restoration cost $ 1,300.00 34 Pull box lid for # 3.5, concrete lid only allowed Each $ 150.00 35 Pull box lid for #5, concrete lid only allowed Each $ 190.00 36 Pull box lid for #6, concrete lid only allowed Each $ 220.00 37 Pull box lid for #6E, concrete lid only allowed $ 220.00 38 Pull box lid for #N 48, concrete lid only allowed $ 1,000.00 39 12" LED signal (Green — Ball) Each $ 165.00 40 12" LED signal (Yellow — Ball) Each $ 165.00 41 12" LED signal (Red — Ball) Each $ 165.00 42 12" LED signal (Green — Arrow) Each $ 165.00 43 12" LED signal (Yellow — Arrow) Each $ 165.00 44 12" LED signal (Red — Arrow) Each $ 165.00 45 Install LED countdown pedestrian signal Each $ 275.00 46 Type "C" pedestrian signal housing Each $ 420.00 47 12" full circle visor Each $ 150.00 48 3 section 12" back plate (Louvered) Each $ 350.00 49 3 section signal head complete assembly installation, Complete assembly includes signal head, framework, LED modules, backplate and visor Each $ 900.00 50 4 section signal head complete assembly installation Each $ 1,100.00 51 5 section signal head complete assembly installation Each $ 1,300.00 52 Sidewalk Replacement (5' X 5' X 4') Per Flag $ 2,900.00 53 Furnish and Install GPS based Optical Detector on mast arm, Include cable installation Each $ 2,500.00 Services Agreement between City of Dublin and DC Electric Group October 2, 2024 Exhibit A— Page 11 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F 54 Furnish and Install GPS based Discriminator Card — 2 Channel, Opticom 762 Phase Selector Each $ 4,300.00 55 Furnish and Install CCTV/PTZ camera system with switch, CODEC, and cabling AXIS P5655—E PTZ Network Camera Each $ 9,400.00 56 Furnish and Install LED illuminated street name sign (6 feet) Temple Edge -Lit LED RAZOR SNS or approved equal. Do not include conductor and cable installation. Each $ 4,850.00 57 Furnish and Install LED illuminated street name sign (8 feet) Temple Edge -Lit LED RAZOR SNS or approved equal. Do not include conductor and cable installation. Each $ 5,100.00 58 Locate and mark existing traffic signal loop Per Loop $ 60.00 59 Bore and install 3" conduit with 12 SM Fiber Optics line to replace an existing damaged conduit. Include traffic control, potholing and restoration LF $ 315.00 60 Bore and install 3" conduit with 140 SM Fiber Optics line to replace an existing damaged conduit. Include traffic control, potholing and restoration. LF $ 320.00 61 Test the fiber optic line, end to end, both direction (OTDR) LS $ 1,350.00 62 Trouble shoot fiber optics break Hour $ 200.00 SCHEDULE E SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (OVER TIME) # Description Unit Cost 1 1 to 4 (6'x6') inductive loops (Type A or D) Each $ 2,200.00 2 1 to 4 Type E Loop Each $ 2,200.00 3 5 to 8 Type E Loop Each $ 1,400.00 4 5 to 8 (6'x6') inductive loops (Type A or D) Each $ 1,400.00 5 9 or more (6'x6') inductive loops (Type A or D) Each $ 900.00 6 PPB post (no foundation replacement) Each $ 1,200.00 7 PPB post (with foundation replacement) Each $ 3,200.00 8 Type 1-A — 10' (no foundation replacement) Each $ 3,400.00 9 Type 1-A — 10' (with foundation replacement) Each $ 10,400.00 10 Type 1-B — 10' (no foundation replacement) Each $ 2,900.00 11 Type 1-B — 10' (with foundation replacement) Each $ 9,600.00 12 Type 1-D — 10' (no foundation replacement) Each $ 3,400.00 13 Type 1-D — 10' (with foundation replacement) Each $ 10,400.00 14 Pull box # 3.5 Each $ 1,140.00 15 Pull box # 5 Each $ 1,160.00 16 Pull box # 6 Each $ 1,525.00 17 Pull box lid for # 3.5 Each $ 210.00 18 Pull box lid for # 5 Each $ 250.00 19 Pull box lid for # 6 Each $ 280.00 20 12" LED signal (Green — Ball) Each $ 220.00 21 12" LED signal (Yellow — Ball) Each $ 220.00 22 12" LED signal (Red — Ball) Each $ 220.00 Services Agreement between City of Dublin and DC Electric Group October 2, 2024 Exhibit A— Page 12 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F 23 12" LED signal (Green - Arrow) Each $ 220.00 24 12" LED signal (Yellow - Arrow) Each $ 220.00 25 12" LED signal (Red - Arrow) Each $ 220.00 26 8" LED signal (Green - Ball) Each $ 220.00 27 8" LED signal (Yellow - Ball) Each $ 220.00 28 8" LED signal (Red - Ball) Each $ 220.00 29 8" LED signal (Green - Arrow) Each $ - 30 8" LED signal (Yellow - Arrow) Each $ - 31 8" LED signal (Red - Arrow) Each $ - 32 LED pedestrian signal Each $ 335.00 33 LED countdown pedestrian signal Each $ 335.00 34 Audible signal Each $ 615.00 35 Type "C" pedestrian signal housing Each $ 540.00 36 12" full circle visor Each $ 215.00 37 8" full circle visor Each $ 215.00 38 3 section 8" back plate (Louvered) Each $ 440.00 39 3 section 12" back plate (Louvered) Each $ 440.00 40 3 section signal head complete assembly installation Each $ 1,000.00 41 4 section signal head complete assembly installation Each $ 1,200.00 42 5 section signal head complete assembly installation Each $ 1,400.00 43 Remove and secure a knockdown streetlight Each $ 750.00 SCHEDULE F CONDUIT SUPPLY AND INSTALL SCHEDULE # Description Unit Cost RIGID PVC CONDUIT (SCHEDULE 40) 1 Trench 1.5" conduit LF $ 125.00 2 Trench 2.0" conduit LF $ 125.00 3 Trench 2.5" conduit LF $ 125.00 4 Trench 3" conduit LF $ 125.00 5 Bore 1.5" conduit LF $ 175.00 6 Bore 2.0" conduit LF $ 175.00 7 Bore 2.5" conduit LF $ 175.00 8 Bore 3" conduit LF $ 175.00 RIGID PVC CONDUIT (SCHEDULE 80) 1 Trench 1.5" conduit LF $ 135.00 2 Trench 2.0" conduit LF $ 135.00 3 Trench 2.5" conduit LF $ 135.00 4 Trench 3" conduit LF $ 135.00 5 Bore 1.5" conduit LF $ 185.00 6 Bore 2.0" conduit LF $ 185.00 Services Agreement between City of Dublin and DC Electric Group October 2, 2024 Exhibit A- Page 13 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F 7 Bore 2.5" conduit LF $ 185.00 8 Bore 3" conduit LF 185.00 SCHEDULE G CONDUIT SUPPLY AND INSTALL SCHEDULE # Description Unit Cost RIGID STEEL CONDUIT 1 Trench 1.5" conduit LF $215.00 2 Trench 2.0" conduit LF $215.00 3 Trench 2.5" conduit LF $215.00 4 Trench 3" conduit LF $215.00 5 Bore 1.5" conduit LF $255.00 6 Bore 2.0" conduit LF $255.00 7 Bore 2.5" conduit LF $255.00 8 Bore 3" conduit LF $255.00 SCHEDULE H REPLACE/INSTALL SCHEDULE (MATERIALS WILL BE SUPPLIED BY THE CITY WHERE SPECIFIED) # Description Unit Cost 1 City furnished Battery Backup system in an existing "P" cabinet Each $ 950.00 2 City furnished Battery Backup system in a stand-alone cabinet Each $ 1,800.00 3 City furnished Battery Backup system and foundation Each $ 5,000.00 4 City furnished LED signal (vehicle indication only) Each $ 110.00 5 City furnished LED signal (Pedestrian indication only) Each $ 110.00 6 Installation of Timing Plan in controller Each $ 235.00 7 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on existing foundation Each $ 4,400.00 8 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on new foundation. Furnish and install new foundation Each $ 8,800.00 9 Ci y furnished Pedestrian signal housing replacement (Type Each $ 235.00 10 City furnished solar -powered radar sign to existing pole Each Each $ 1,450.00 11 Install City furnished radar feedback sign or flashing beacon — Furnish and install foundation and pole in sidewalk Each $ 9,500.00 12 Install City furnished radar feedback sign or flashing beacon — Furnish and install foundation and pole in dirt Each $ 7,750.00 13 Install City furnished RRFB. Furnish and install foundation with pole in dirt (complete system may be 2 or 3 RRFB) LS $ 15,000.00 14 Install City furnished RRFB. Furnish and install foundation with pole in sidewalk (complete system may be 2 or 3 RRFB) LS $ 16,500.00 15 Install City furnished GPS Opticom with receiver Each $ 2,000.00 Services Agreement between City of Dublin and DC Electric Group October 2, 2024 Exhibit A— Page 14 of 15 Docusign Envelope ID: 831 E1557-0310-4D64-B37D-D29C9044561 F SCHEDULE I MINOR REPAIR SCHEDULE (STRAIGHT TIME) # Description Unit Cost 1 Turned signal head Each $ 105.00 2 Turned pedestrian signal head Each $ 105.00 3 Loose back plate Each $ 105.00 4 Loose or missing visor Each $ 105.00 5 Re -splice loop Each $ 220.00 6 Reseal Loop Each $ 475.00 7 Loose IISNS Each $ 235.00 8 Installation of traffic sign on mast arm Each $ 235.00 9 Signal on Flash and Reset the MMU Each $ 235.00 10 Clean PTZ and Video detection lens Each $ 120.00 SCHEDULE J MINOR REPAIR SCHEDULE (OVERTIME) # Description Unit Cost 1 Turned signal head Each $ 160.00 2 Turned pedestrian signal head Each $ 160.00 3 Loose back plate Each $ 150.00 4 Signal on Flash and Reset the MMU Each $ 340.00 5 Loose visor Each $ 160.00 6 Re -splice loop Each $ 340.00 7 Signal on Flash and Reset the MMU Each $ 340.00 8 Reseal Loop Each $ 700.00 9 Loose IISNS Each $ 360.00 Please note all reimbursable costs are included in rates above. All CPI increases shall be calculated by Contractor and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. Remit invoices to: PWInvoices@dublin.ca.gov Services Agreement between October 2, 2024 City of Dublin and DC Electric Group Exhibit A- Page 15 of 15