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HomeMy WebLinkAboutContract 1821 • e AGREEMENT FOR TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND EMERGENCY ON-CALL SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND SIEMENS MOBILITY, INC. This Agreement for Traffic Signal Preventive Maintenance and Emergency On-Call Services ("Agreement") is entered into as of July 11, 2018 ("Effective Date") between the City of Cathedral City, a municipal corporation ("City") and Siemens Mobility, Inc. ("Contractor") (collectively the "Parties"). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: SCOPE OF SERVICES Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for twelve months with an option for an additional twelve months, commencing on the Effective Date ("Term"). Contractor Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit "A" [Scope of Services] ("Services"). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City's staff and consultants at all reasonable times. Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services ("Extra Work"), except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor. General Warranty. Contractor warrants all Services under this Agreement (which 1 for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All 1 warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City. regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand. Contractor's Representative. Contractor hereby designates the representative named in Exhibit"D"[Representatives], or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. COMPENSATION AND METHOD OF PAYMENT Compensation. City shall pay to Contractor for non-disputed Services rendered the compensation set forth in Exhibit "C" [Compensation] attached hereto and incorporated herein by reference. Payment of Compensation. Contractor shall submit monthly invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, 2 or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor. RESPONSIBILITIES OF CONTRACTOR Control and Payment of Subordinates; Independent Contractor. Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor's exclusive direction and control. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement. Contractor shall furnish the City copies of all licenses, permits and approvals for any individual working on City-owned equipment. 3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor's failure to comply with the standard of care provided for herein. Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Labor Code and Prevailing Wage Requirements. Apprenticeable Crafts. To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code. Payroll Records. In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours. Prevailing Wage Laws. Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "Public Works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public Works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and any location where the Services are performed. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee 4 or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. INDEMNIFICATION Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to,and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry,judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor's officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City's workers' compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement. Action. For purposes of this Agreement, "Action" shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non- binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action. Costs and Expenses. For purposes of this Agreement, "Costs and Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney's fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable. 5 Hazardous Substances. For purposes of this Agreement, "Hazardous Substances" shall mean any and all of the following: any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act("RCRA"), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.;the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.;the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code ("H.&S.C.") §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001 , et seq.; the Porter-Cologne Water Quality Control Act. Water Code §13000, et seq., all as they may from time to time be amended; and any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature. RECORDS AND DOCUMENTS Accounting Records. Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable. inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this 6 Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Agreement. Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents INSURANCE Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit "F" [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City. Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City. BONDS Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit "E" [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor's execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not- to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City. Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty(30)days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall,without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:Vlll and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. TERMINATION. Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5)days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non-disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Termination by Contractor. Contractor may, by written notice to City, terminate this Agreement based upon City's failure to timely cure a default under this Agreement as provided herein. At least forty-five (45)days prior to termination, Contractor shall provide City with a written notice specifying City's alleged default and providing City with a forty- five (45) day period to cure the default. Should City timely cure such default, the s Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City. GENERAL PROVISIONS Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor's failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City's right to treat such non- performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of$500 per failure to perform, per day. City may, at its election. deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City. Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement. 9 Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie eelusively in the County of Riverside. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California. Integration. This Agreement, including the attached Exhibits "A" through "F", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has It agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Delivery Of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit "D", or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 10 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. Attorney's Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees and Costs and Expenses, in addition to any other relief to which it may be entitled. Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. Authority To Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder. Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 9.10 [Amendment] and the City Manager's contracting authority under the Cathedral City Municipal Code. 11 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CATHEDRAL CITY CONTRAC 0• : Charles P. McClendon, City Manager By: Marcus Welz_ 5 Its: Vice President- ITS ATTEST: •,,,, Z1./ _1111/1ext)., j • • ' Gary F. HOWeil,'City By: David Buchfuehrer its: Head of Controlling- ITS APPROVED AS TO FORM: c'T LAO Eri6B. Vali, City Attorney 12 i i a A notary public or other officer completing this certificate verifies only the identity of the Individual who F signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF TEXAS ) COUNTY OF TRAVIS ) ) On ilj,ik. i I I it k / i 2018, before me, .1._ ,. ► / ae la e •n. : a V'•-r ,.. a - O0- log -U.is `' personally appeared A / 1( - .I ► /, 1.A / b. , 4 1� < . i `=me o gner s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by 1 his/her/their signature(s) on the instrument the person(s), or the ) entity upon behalf of which the person(s) acted, executed the I instrument. 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1...,: MIcHaEWILKINSON WITN- my a -nd official seal. -� I '= MY COMMISSION EXPIRES ; December 30,2018 i / ha IAr I., Signature of Natary Palle OPTIONAL Though this section is optional,completing this Information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACITIES)CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: " Individual " Corporate Officer P Tltle(s) Title or Type of Document a " Partner(s) " Limited g General Attorney-In-Fact Number Of Pages -- " Trustee(s) " Guardian/Conservator " Other: Data Of Document ____._.- Signer is representing: Name Of Person(s)Or Entity(les) Signer(s)Other Than Named Above 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF RIVERSIDE COUNTY OF RIVERSIDE ) On2018, before me, —Date a lame •n. i = S' •'hoer e.g. ' ane Poe, 'otary -u.is personally appeared _ Name of Signe ist who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES)CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) COUNTY OF RIVERSIDE ) On 2018, before me, Dwe Name And Title Of Officer(e.g.'Jane Doe,Notary Public") personally appeared _ Name of Sgnens) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Put'ic OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above EXHIBIT "A" SCOPE OF SERVICES 1. Scope of Work Our Understanding It is our understanding that the City of Cathedral City is looking to award one contract with an initial term of one year (with four potential one year extensions) to a traffic signal maintenance service company that is most qualified to perform the services described in the "Scope of Work" section listed in the City's RFP. The selected service company will be responsible for providing a continuing, comprehensive, routine maintenance program at the City's 42 signalized intersections, monthly. The City's expectation is that the signal maintenance program will reduce the incidence of malfunctions, reduce complaints, promote safety, and proactively extend the longevity of the traffic control equipment, thus reducing the overall operating cost for the City's traffic signal system. In addition to the monthly preventative maintenance program, the City expects the selected service company to provide 24-hour (per day) emergency response , � v service and be capable of responding to emergency calls from the City within two (2) hours. Siemens will also provide other ri# , �� extraordinary services such as unscheduled repairs and technical • ��` ' support services to the City's traffic signal systems in accordance .7 with the City's requirements and response times as listed in the •` "mama City's RFP. 1 Detailed Scope of Work It is always the goal of Siemens ITS to hone our service around a ' 1 ,t Customer's needs. We understand that throughout the term of a contract of this type, those needs may change.We approach all of our contracts with the same vision; build a partnership with the City's staff and work towards achieving common goals set forth through that partnership. We realize that this is an ever evolving process and that is why we believe that the only successful route . is through establishing these common goals. This methodology S`- `4T-- and a commitment to service will be applied to every aspect of our services for the City of Cathedral City. Candace Gallaher will be the Account Manager serving the City of Cathedral City. She and her service coordinator, Melissa Torna, will be responsible for maintaining communication with the City regarding daily operation and maintenance of all traffic signal equipment. Our account management team as well as our field staff will work closely with you and your team in order to ensure that all of your requests are being effectively addressed. We make every effort to make certain that the City's staff is always aware of issues that are in need of attention. I } City of Cathedral City Proposal for Traffic Signal Preventative Maintenance and Emergency On-Call Services Page 11 of 45 I Siemens will execute a comprehensive routine maintenance program as outlined in the City's scope of work, as recommended by the manufacturer and as listed below. Siemens will also maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the City. The Field Technician will, at a minimum, perform the following tasks at each location (if applicable) once every month: • Routine maintenance is typically scheduled by the technician as they are more aware of the geography of the area. He will definitely take into consideration contract requirements and your preference when scheduling routine preventive maintenance. • Once our technician arrives at the location he will complete a job hazard analysis (JHA) determining any potential hazards at the location. Following the JHA, he/she will secure the area with proper traffic control as referenced in the most recent edition of the W.A.T.C.H. Handbook and in accordance with the City's traffic control requirements. • Our technician will first clean and vacuum the controller cabinet and battery backup cabinet (if equipped) and ensure the cabinet vents are un-obstructed and the air filter is clean, properly inserted and secure (air filters will be replaced semi-annually or sooner if necessary). During this process your Siemens technician will perform the following checks inside the controller cabinet: ➢ Confirm that the controller cabinet is securely mounted to the foundation and inspect the seal for deterioration. Excessive dampness and plant or animal intrusion inside the controller cabinet will be reported to the City and repaired immediately. ➢ Verify fan operation and ensure the thermostat is set to the appropriate temperature and that there is sufficient airflow through the cabinet. ➢ Inspect cabinet hardware (i.e. door gaskets, hinges, locks, etc.) for proper operation. All deficiencies will be repaired and reported to the City. ➢ Inspect electrical components (i.e. relays, load switches, flasher(s), rack-mount detectors, harness/connectors, cabinet grounding, GFCI receptacles, terminal connections cabinet lights and switches, CMU (interlock) door switch, the police panel switches, etc.) for proper 111 operation and make adjustments as necessary. We'll also verify proper operation of all equipment displays and cabinet/controller indicator lamps. Deficiencies that pose a safety concern will be corrected immediately. • Following the visual inspection, your Siemens technician will examine the functionality of the controller in relation to traffic at the intersection and confirm all phase and coordination timing is programmed correctly and is current based on the timing sheet located in the controller cabinet. • In addition to monitoring phase actuation from vehicle/traffic, they will also confirm proper intersection cycling by manually placing vehicle and pedestrian calls on each phase through the cabinet test switches or the controller key pad to verify controller servicing of each phase. • We'll ensure your controller's date and time is correct and we'll adjust all controller clocks within 48 hours of time changes related to Daylight Saving Time. This also includes confirming the correct date and time in all Conflict Monitor Units and Malfunction Management Units (CMU/MMU) during each visit. City of Cathedral City Proposal for Traffic Signal Preventative Maintenance and Emergency On-Call Services Page 12 of 45 it I I • Your Siemens technician will check the controller log buffers and investigate any faults that may have surfaced since the last maintenance visit. • All CMU's/MMU's will be tested annually with an ATSI PCMT 8000 conflict monitor tester. Individual test results will meet the City's documentation requirements and will be available in each controller cabinet and an electronic file (USB or CD) will be delivered to the City with 30 days after completing the testing. This test will also be documented on the routine maintenance log located in the controller cabinet. The price for CMU/MMU testing will be included in the flat rate for routine preventative maintenance. • We will monitor the intersection for proper operation of the detector loops and amplifiers. For intersections with video detection, we will verify camera operation by monitoring the vehicle call on the video monitor and also, verify the calls going to the detector call page in the controller. • The technician will confirm all detector loop cables are correctly identified, connected to the correct vehicle detector field terminals, and that a call is placed on the correct detector input, and that the i input places a call on the correct controller phase. We will make adjustments or re-tune detector amplifiers and correct substandard splices as necessary. Loops requiring re-seal or replacement will be documented and reported to the City immediately. • If the intersection is equipped with video detection our technician will verify that detection zones are properly structured. They will also verify proper camera operation by monitoring the vehicle call on the video processor unit and confirm that the calls are registering in the controller and actuating the correct phase in the controller. The technician will also verify that detection system software has been properly updated. If necessary, your Siemens technician will clean the video detection camera lenses. • If equipped, your Siemens technician will confirm operation of all preemption devices (i.e. railroad, emergency vehicle preemption (EVP), fire station preemption, etc.). • Your Siemens technician will verify operation of telemetry on controller display and also confirm operations on any local communication devices (i.e. internal/external modem (hardwired/wireless), spread spectrum, etc.), if equipped, and report any malfunction to the City immediately. • The technician will also test your interconnect systems in order to maintain existing operation and will notify you of any deficiencies. 9 Our technicians have been trained and are extremely knowledgeable with the installation, handling and testing of traffic signal masters, and related interconnect, fiber optic cable and Wi-Fi systems. • If equipped, your Siemens technician will check the display for Alternating Current (AC) input, Uninterruptible Power Supply (UPS) Output, and Inverter indications. We will also verify the battery level and load level displays. We will report any batteries that require replacement immediately. In addition, we'll confirm all battery connections to ensure they are clean and secure. All events and Iirun time will be documented inside each controller cabinet. Batteries requiring replacement will be brought to the City's attention immediately, and in no circumstances will notification be later than 48 hours following the discovery. 11 City of Cathedral City Proposal for Traffic Signal Preventative Maintenance and Emergency On-Call Services Page 13 of 45 c . a • Siemens will perform a night time inspection of safety lights and illuminated street name signs (ISNS) at all signalized intersections (if equipped) once per month. Our findings will be submitted to the City along with a price proposal for the required repairs. 011 • Our technician will walk the intersection (clockwise and counter clockwise) and visually inspect all poles, signal heads, pedestrian signals, associated framework, and signal mounted signs for proper operation, alignment, and broken or missing parts. During this process your Siemens technician will 111) perform the following checks outside of the controller cabinet: > They will depress all pedestrian push buttons and observe proper timing and display. 111 > Visually inspect the loops for sufficient sealant or exposed loop wires. > They will inspect pull boxes, pull box lids and hand-hole covers. Missing covers/lids will be replaced immediately. ➢ They will visually inspect all signal doors, signal back plates, and signal visors and confirm they are secure. ' Open all traffic signal pull boxes annually and remove dirt and debris.While we have the pull box open, Siemens' technicians will also inspect traffic signal conductors and report any PIdeficiencies immediately to the City. ' They will remove unauthorized signs, stickers, and posters that can be easily removed from 1111 traffic signal poles and the controller cabinet. ➢ Siemens will annually prepare a list of locations where painting may be necessary and we'll submit this to the City for approval for painting at the rates listed in the extraordinary fee schedule. Your Siemens technician will document all maintenance activities on the City approved preventative maintenance checklist, on the cabinet log, and in their handheld device which is wirelessly communicating to our maintenance server enabling our customers to view all progress virtually real U time. In addition to the monthly preventative maintenance service, we will provide other extraordinary services such as scheduled repairs, emergency response repairs and technical support services to the City's traffic signal systems in accordance with the City's requirements and as listed below. 4464 Emergency response call outs and unscheduled repairs are initiated by calling d our toll free emergency phone number listed above (this will be a live �� � , 1111 dispatcher 24 hours a day, 7 days a week), report the location, problem and a o. leave your call back information. Our dispatcher will create a work order in our ;r•, visual planning board. Once the work order is released by our dispatcher it will immediately transfer to our technicians queue on their android device. As part ( i f i of our quality control practice, our dispatcher will follow up with a phone call to r ` our technician to confirm that he/she is in receipt of the call out/work order. The technician will arrive at the site within the contracted response time to - assess and correct the reported problem. Once the problem is corrected, the technician will inform you of the repair actions. - • ` City of Cathedral City Proposal for Traffic Signal Preventative Maintenance and Emergency On-Call Services Page 14 of 45 I Our extraordinary and emergency response services includes, but not limited to,the following services: • Siemens technicians will be equipped with various types of industry equipment including Econolite TS2 certified equipment. We fully stock our bucket trucks with signal controllers, power supply, conflict monitors/malfunction monitors, relays, load switches, detectors (rack and shelf mount), BIU's, various video detection system cameras and processors, signal heads, pedestrian heads, signal framework, LED's, luminaries, and many more required parts. • Downed signal heads, poles, signal on flash, signal blackout, burned out lamps, damaged controller and cabinet, damaged illuminated street name signs, damaged inductive loops, sensing elements, pedestrian push buttons, electroliers, pedestrian signal heads, wiring, and other operational equipment related issues. Ii • Assisting the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions. If requested, prepare punch list items and follow through with City representative to ensure a successful completion. • Perform overhead maintenance on safety lighting, traffic signals, street name and regulatory signs, video detection cameras and Opticom systems. • Provide support for underground maintenance including conduit repair or replacement, wire inspection and installation; interconnect installation. • USA Dig Alert— Locating services using in house locators. Siemens will respond to all Underground Service Alert T (USA) requests/notices or at the request of City staff for the DIRT marking and protection of traffic signal underground ��.L// facilities such as traffic signal and electrical conduits, 1/1/ ik® interconnect facilities, loops, safety light conduits, and other • appurtenant equipment which might conflict with other right-of- way construction or repairs. Our technicians are equipped and certified with the proper locating devices provided by Metrotech. • Repair, replace or otherwise render in good working order any and all defective parts of the traffic signal equipment with like make and model parts. Whenever equipment is removed, the City 1111 representative will be notified within twenty-four (24) hours. Siemens will notify the City prior to any traffic signal deactivations that may be necessary to provide the 111 required services. Traffic signal shut downs will not be scheduled without the approval of an authorized representative of the City. Also, Siemens will not proceed with any extraordinary repairs without authorization from the City, unless it is a matter of safety. Siemens has a dedicated 24 hour support line for repair and maintenance, 1-800-229-6090. Because our technicians take their (fully stocked) bucket trucks home and typically live in or around the area C, they service, the response time of two (2) hours, as listed in the solicitation, is easily achievable. This service will be provided 24 hours a day, 7 days a week, 365 days a year, with typical response time under normal circumstances being 1 hour City of Cathedral City Proposal for Traffic Signal Preventative Maintenance and Emergency On-Call Services Page 15 of 45 Employee Activity Tracking As described in the previous section, Siemens utilizes an in-house application and management system that enables our contract management team to track individual employee utilization and production. This system is directly tied to our payroll system which ensures 100% accuracy for hour paid to our employees and charged to our Customers for work performed. In addition to our Customer Portal, you will receive a detailed billing report with each invoice that lists labor and equipment hours billed for each service order. _ TSB•Mam11I Bloomington 1 Riverside Date COOIpteted Fri,MAR118/2010 01:00 Work Order 0:5002704108 Debit Memo Rep. 3301177107 DcBvjtb,l NEC POLE KD•CALLER:PD Resprme. REMOVED DAMAGED EQUIPMENT.DRILLED&INSTALLED NEW 10 POLE. TV'LT.TWO 3 SEC.PV HEAD S WITH ARROW LENSES,2 R.2 Y 5 2 0 PV LEDS, COUNT-DOWN COMBO ME LED.RE-USED PEDHEAD 5 PPB ASSY.REPLACED PPB AND DIRECTIONAL PLATE OLD SM WEREN'T PROGRAM.WILL FOLOW UP WITH BALL.LENSES E PROGRAM S01'S IF CITY WANT THEM PROGRAMVW 118,,; Oty and Unit Cost Extra ' Routine ELECTRICIAN � la H •N(RT, 12.000 H _. C1tv>.es tlaii. ---.- f 000 ELECTRICIAN,01 _ •000 H Pet H • •0.00 ELECTRICVIN iP r; SAW H per H $ •0.00 SERVICE BUCKET TRUCK _—. 1'25000 H @ De•H • •0.00 ,MATERIALS I PC t0, _per PC $ $0.00 VltitToLY E :0.00 •0.00, • Intersection Records We will maintain permanent service records at each signalized intersection documenting all preventative maintenance visits, as well as all ongoing work, operations and hardware malfunctions, repairs and configuration work. An example of our cabinet log (intersection record)is below: SIEMENS • �.rel&....., •w. +C..r.,...er.......rr - -- — i L Accountability Statement In order to ensure that we are performing to the high standards that the City of Cathedral City deserves, we will be employing multiple points of checks and balances. Access to our customer portal is included in the contract and we will issue usernames and login information to any city approved contract administrators. This will give access to the City to see, in virtual real time; all response times, work performed, etc. at the any location in the city. Additionally this acts as a database of all activities (by location if needed)from inception of our responsibility. Additionally, we will have our technicians directly email the city appointed contract administrators (currently Deanna Pressgrove and Carlos Rodriguez) with information for all call outs within the City City of Cathedral Cry Proposal fox Traffic Sign,*PetSitairritnancx;T1d ta►Ter¢ Irf QneiC4di 5eryittm Pact.16 of 46 I 2. Personnel and Qualifications 111 U Cdke6dCiy The Spirit of the Desert Steven Teal Director of Service Michael Hutchens Operations Manager Candace Gallaher Service Account Manager 111 Melissa Tome Jennifer Dalby Service Coordinator Dispatcher Christopher Slocum Minh Tran Field Supervisor Engineering Technician Alberto Ramirez Timothy Walker IMSA Level III Certified IMSA Level III Certified 20 Additional Traffic Signal Technician Traffic Signal Technician Signal Technicians Sampson Monte IMSA Level III Certified Traffic Signal Technician 23 Const./Auxiliary { Employees(Foreman, Crane Operators, Groundsman,etc.) Ii City of Cathedral City Proposal for Traffic Signal Preventative Maintenance and Emergency On-Call Services Page 17 of 45 Monthly Maintenance Tasks • Clean and vacuum the controller cabinet and battery backup cabinet (if equipped). • Ensure the cabinet vents are un-obstructed and the air filter is clean, properly inserted and secure. • Confirm that the controller cabinet is securely mounted to the foundation and inspect the seal for deterioration or excessive dampness and plant or animal intrusion. Reported findings to the City. • Verify fan operation and ensure the thermostat is set to the appropriate temperature and that there is sufficient airflow through the cabinet. • Inspect cabinet hardware (i.e. door gaskets, hinges, locks, etc.) for proper operation. All deficiencies will be repaired and reported to the City. • Inspect all internal electrical cabinet components (i.e. relays, load switches, flasher(s), rack-mount detectors, harness/connectors, cabinet grounding, the police panel switches, etc.) Report deficiencies to City within 48 hours.Issues that pose a safety concern, correct immediately. • Check controller in relation to traffic at the intersection and confirm all signal timing is programmed correctly and is current based on the timing sheet located in the controller cabinet. • Test cabinet test switches or the controller key pad to verify the controller is servicing of each phase. • Confirm controller/Conflict Monitor date and time is correct. • Verify proper operation of the intersections detection (detector loops amplifiers and video detection). • Confirm all detector loop cables are correctly identified, connected to the correct vehicle detector field terminals, and that a call is placed on the correct detector input, and that the input places a call on the correct controller phase. Make adjustments to detector amplifiers and correct substandard splices as necessary. • If equipped, confirm operation of all preemption devices (i.e. railroad, emergency vehicle preemption(EVP), fire station preemption, etc.). • Confirm operation of telemetry on controller display and any local communication devices. Report Deficiencies to City immediately. • Verify proper operation of interconnect systems. • Test Battery Backup System per Manufacture recommendations. Report Deficiencies to City within 48 hours of findings. • Perform a night time inspection of traffic signal, safety lights and illuminated street name signs (ISNS) monthly. • Walk the intersection and visually inspect all poles, signal heads, pedestrian signals, associated framework, and signal mounted signs for proper operation, alignment, and broken or missing parts. • Depress all pedestrian push buttons and observe proper timing and display. • Visually inspect the loops for sufficient sealant or exposed loop wires. • Inspect pull boxes, pull box lids and hand-hole covers. Missing covers/lids will be replaced immediatel . City cf Cathedral City Proposal for Traffic Signal Preventative Maintenance and Emergency On Call Services Page 33 of 45 Semi Annual Maintenance • Replace Air Filter. IAnnual Maintenance • Test CMU's/MMU's with an ATSI PCMT 8000 conflict monitor tester or equivalent and submit test reports to City within 30 days. • Adjust all controller clocks within 48 hours of time changes related to Daylight Saving Time. I • Prepare a list of locations where painting may be necessary. • Open all traffic signal pull boxes and remove dirt and debris. I • I I I I I I I I I I City of Cathedral C:y Proposal to-Traffic Signal Preventative Maintenance and Emergency On-Call Services Page 34 of 45 EXHIBIT "B" SCHEDULE OF PERFORMANCE Contractor to perform routine items of work as included in the Scope of Services. Emergency on-call services to be performed as requested by Cathedral City. EXHIBIT "C" COMPENSATION Compensation will be based on the negotiated rates that will be attached. Contractor agrees to base all invoices on the monthly and/or hourly rates and the unit prices included in the negotiated Price Proposal. ATTACHMENT C CITY OF CATHEDRAL CITY TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND ON CALL EMERGENCY SERVICES BID FORM (BIDS MUST BE SUBMITTED ON THIS FORM OR PROPOSAL WILL BE CONSIDERED NON-RESPONSIVE) Price Proposal Routine Maintenance Rates Item Estimated Monthly No. Description Quantity Unit Price Total 1 routine Maintenance—Signals 43 $75.25 $3,235.75 2 Routine Maintenance-Flashing Beacon 2 ( $35.00 $ 70.00 4 Routine Maintenance—in Pavement Illuminated Crosswalk 4 $37.00 $ 148.00 MONTHLY SUB TOTAL $3,453.75 ANNUAL GRAND TOTAL(Monthly x 12) 541,445.00 Labor and Eaulament Rates Item No. Description Regular Times Overtime** 1 Labor Hourly Rates a Traffic Signal Maintenance Technician $ 98.00 $131.00 b Laborer $ 85.00 $133.00 c Licensed Sr.Traffic Engineer $108.00 $140.00 d Licensed Associate Traffic Engineer $108.00 $140.00 e Traffic Engineering Technician $108.00 $140.00 f Traffic Signal and Safety Light Inspector 2 equipment Hourly Rates $103.00 $131.00 a Bucket Truck $ 28.00 $ 28.00 b Crane Truck $ 55.00 $ 55.00 *Regular time between 7:30 am and 4:00pm **Overtime between 4:01 pm and 7:29 am Additional Work Item No. Description Unit Unit Price 1 glean and Paint Traffic Signal Head and Framework Each $250.00 2 Clean and Paint Controller and Service Cabinet Each $600.00 3 Clean and Paint Pedestrian Buttons and frame work Each $125.00 4 Replace Type A Detector Loop(1 to 6 loops) Per Loop $47508 5 Replace Type A Detector Loop(7 or more loops) Per Loop $425.00 6 Replace Type D Detector Loop(1 to 6 loops) Per Loop $47500 7 Replace Type D Detector Loop(7 or more loops) Per Loop $425.00 18 ATTACHMENT C CITY OF CATHEDRAL CITY TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND ON CALL EMERGENCY SERVICES BID FORM (BIDS MUST BE SUBMITTED ON THIS FORM OR PROPOSAL WILL BE CONSIDERED NON-RESPONSIVE) Price Proposal Routine Maintenance Rates St Francis Item I Estimated Monthly No. Description Quantity Unit Price Total 1 Routine Maintenance—Signals 43 $57.50 52,472 50 2 Routine Maintenance-Flashing Beacon 2 $23.00 $46.00 4 Routine Maintenance— In Pavement Illuminated Crosswalk 4 $23 00 $92.00 MONTHLY SUB TOTAL $2,610.50 ANNUAL GRAND TOTAL(Monthly x 12) I $31,326.00 Labor and Eauivment Rates Item No. Description i Regular Time* Overtime** 1 Labor Hourly Rates a Traffic Signal Maintenance Technician $80.00 $107.00 b Laborer $65.00 $85.00 c Licensed Sr.Traffic Engineer $199.00 $199.00 d Licensed Associate Traffic Engineer $150.00 $150.00 e Traffic Engineering Technician $150.00 $150.00 f Traffic Signal and Safety Light Inspector $80.00 $107.00 2 Equipment Hourly Rates a Bucket Truck $26.00 $26.00 b Crane Truck $60.00 $60.00 *Regular time between 700 am and 400 pm **Overtime between 4.0? pm and 659 am Additional Work Item No. Description Unit Unit Price 1 Clean and Paint Traffic Signal Head and Framework Each $250.00 2 Clean and Paint Controller and Service Cabinet Each $450.00 3 Clean and Paint Pedestrian Buttons and frame work Each $115.00 4 Replace Type A Detector Loop(1 to 6 loops) Per Loop $510.00 5 Replace Type A Detector Loop (7 or more loops) Per Loop $360.00 6 Replace Type D Detector Loop(1 to 6 loops) Per Loop $535.00 7 Replace Type D Detector Loop(7 or more loops) Per Loop $385.00 18 EXHIBIT "D" REPRESENTATIVES CITY'S REPRESENTATIVE City of Cathedral City Engineering Department Attn: John A. Corella, P.E., City Engineer 68-700 Avenida Lalo Guerrero Cathedral City, California 92234 Phone: (760) 770-0327 Fax: (760) 202-1460 Email Address: jcorella@cathedralcity.gov CONTRACTOR'S REPRESENTATIVE Siemens ITS Attn: Candace Gallaher, Service Account Manager 2250 Business Way Riverside, CA 92501 Phone: (951) 784-6600 Fax: (951) 784-6700 1 EXHIBIT "E" BONDS REQUIRED "No Bonds Required" 2 EXHIBIT "F" INSURANCE REQUIREMENTS FOR CITY OF CATHEDRAL CITY The City requires a certificate of insurance, including an underwriter's endorsement, prior to commencement of the Services. The insurance policies are to include additional endorsements that contain the following provisions: 1. That the City of Cathedral City and its respective elected officials, officers, employees, agents and representatives are additional insureds under the policy; 2. The policies are primary and non-contributory to any insurance that may be carried by City; 3. The City is entitled to thirty (30) days' prior written notice of cancellation, material reduction, or non-renewal of the policy or policies. 4. The insurance shall be carried only by responsible insurance companies that have rated "A-" and "V" or better by the A.M. Best Key Rating Guide, that are licensed to do business in the State of California. City will accept insurance provided by non-admitted "surplus lines" carriers only if the carrier is authorized to do business in the State of California. Only the following "marked" requirements are applicable: X Commercial General Liability(CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy. X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000)for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). 3 X Workers' Compensation Insurance: For all of Contractor's employees who will provide Services under this Agreement and to the extent required by applicable state or federal law, Contractor shall keep in full force and effect a Workers' Compensation policy that includes a minimum of one million dollars ($1,000,000) of employers' liability coverage. Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against City by a bona fide employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim. 4