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:
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Mayor
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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.
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October 2, 2024
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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
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October 2, 2024
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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
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October 2, 2024
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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
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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.
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October 2, 2024
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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
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October 2, 2024
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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
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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
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October 2, 2024
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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
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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.
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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,
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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,
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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
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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.
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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.
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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
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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
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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
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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
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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
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October 2, 2024
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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)
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October 2, 2024
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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:
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• 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
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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
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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
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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,
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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)
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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
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• 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:
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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
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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.
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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
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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
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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