Loading...
HomeMy WebLinkAbout25I - STREET LIGHTING REPAIRSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AGREEMENT WITH ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. FOR STREET LIGHTING REPAIRS f f --r--- r CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Econolite Traffic Engineering and Maintenance, Inc. in the amount not to exceed $1,125,000 to perform needed street lighting repairs in the Floral Park neighborhood, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's street lighting system located in the northern part of the City was constructed in the 1920's. In the last several years the lighting has been very unstable and the residents in the Floral Park neighborhood have experienced frequent lighting outages. The system requires parts that are difficult to locate and repairs must be handled by contractors experienced with high voltage series lighting. Due to the difficulty in maintaining the system, staff is proposing to replace the cable, install new conduit where required and install new globes. The existing light poles will remain to retain the character of the neighborhood. The work will be done in phases. The initial phase will be in the Floral Park area north of Santa Clara, followed by the area north of 17th Street. The final phase will include the street lights on Broadway (Exhibits 1-3). A meeting will be held with the Floral Park neighborhood association before the work begins. Requests for proposal were sent to twenty-three street lighting companies and three responded. A committee consisting of five staff members from the Public Works Agency evaluated the proposals. Each company was evaluated based on its qualifications, past experience and capacity to 251-1 Agreement with Econolite Traffic Engineering and Maintenance, Inc. May 5, 2008 Page 2 perform the required work. The prices submitted for the project are as follows: Econolite Traffic Engineering and Maintenance Inc. $1,011,223 Republic ITS $.1,157,640 Sierra Pacific $2,128,795 The City has utilized Econolite for a number of years for its signal and street lighting maintenance and due to their familiarity with the system, excellent service and competitive pricing, staff is recommending an agreement with Econolite. A ten percent contingency has been included in the agreement for conduit replacement and other unforeseen circumstances. FISCAL IMPACT The current fiscal year budget includes $375,000 to begin this project in the Street Lighting activity (account no. 11-625-6631) and another $375,000 is included in the proposed budget for fiscal year 2008-2009 which will be submitted to the City Council in the next several weeks. The remaining $375,000 will be included in the proposed 2009-2010 budget. Completion of the project will be contingent on Council approval of subsequent year funding. James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: 'T' ~11~R O a asp ~ ~ ~ .a-.~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~ 251-2 RIGAN AV J ' Z Z J Q ` 1 J W ~ ; w ~ O -NARD ~ ~ ~ LN LL. SHEI~WIN RD W Z O Z ~z ~ wz ~ W'~ ~J ~-~ ~ J RIVIERA DR z f J ,' J r W O J Z J W J O BUFFALO AV ,` F- cn F- z ' cn 5 ~ I- >- 0 O W BU A~ LO ED m sarrT~ A~~ I itie: ~ CITY COUNCIL AGREEMENT WITH ECONOLITE AGENDA DATE: TRAFFIC ENGINEERING AND ~"=`~~~ ,: MAY 5. 2008 MAINTENANCE, INC. .,~: . H W O ~ LL ~ w Q w _... _MEMORY LN __.. .. JONQUIL RD U~ ~, ~ ._, _,_..._._ ~_,.... _, , ... Ua ' a PARK LN s~2~ 9 -92 ', 9~ ~~~~ , -y~~°. Project Area 1 ~R~ F~ RIVERSIDE DR ~R ,__. ~ `4 %~ ~ HELIOTROPE DR _ ~.- ~ ~ ~.~ ~ __ OZ ~z m NORTH PARK BLVD ~ Lt _ . m ~ O s F- Q w < - ..__... ~. _„ .. BONNIE BRAE WY z, , ~..~ _ w SANTA CLARA AV , 251-3 __ _, _~ w 18TH ST ~ tai w i _. ~ ~ > ` ~ ~ 16TH ST ~ ~ ~ ._ __ _ _ _ ~6l Z a > ~ Exhibit 2 saNTa aN~ Title: CITY COUNCIL AGREEMENT WITH ECONOLITE ~~. ~'' AGENDA DATE: TRAFFIC ENGINEERING AND ~~;- MAY 5, 2008 MAINTENANCE, INC. _ 251-4 HELIOTROPE DR _~ .. _ ,~ `~m2 ~ 4 , , 02 .' ~ ~ ~o ~- a m EDGEWOOD RD NORTH PARK BLVD = _ "~~~ ~ :- - ~ ~ ~ ~ _ ~ o _; ~ F- O w m ! cn Z f F-- .` ¢ k ~; ~ ~ B ~~~~~~'~ Area w: ~ z z - ONNIE BRAE WY w _ ~ I ~ a ~ ~ SANTA CLARA AV ~~' i~ l f SAN' N ~ ~~ UFFALO ~ ~ y . ` ~ _ ___ ._ ~; AV i ~. y BUFFALO AV D ' LL ' ~ F- ' ~ OC ~ i -t~ ~ ~ a . O: ~ ~ E- w ; ~: Q ~ ~ I ~ f 22ND ST __.. w_ p: ~ ; Ot ~ U H w ~ E r 2 ~' U ~ W ' ~ ~' ~ ~ E 20TH ST ~ z - r ~-_ ~ ,_ ~_ ~ ~, _._ m 1 ~-. = ~ ' ~ ~ 9TH ST Z ~ a, ~ z, O __ a-__ ~ ~' ~ __ ~ 1 TH ST _ .. ~ ti j w i f-- > t i s - ~ _.. _.~ .~ ..... ~ 3 Z ~ 16TH ST ~ w ;. _ ~ ~ - - ~ 6TH ~ ST ` F- ~ z ~ I _.~ ~ _ .. _; _ ~ ._ ~ ~ . __ Exhibit 3 s~rr~~ aN.~ i itie: ~ ~~, CITY COUNCIL AGREEMENT WITH ECONOLITE ~, :~=- AGENDA DATE: TRAFFIC ENGINEERING AND ~=~ ~= MAY 5, 2008 MAINTENANCE, INC. :, ,, , 251-5 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 5`h day of May, 2008 by and between Econolite Traffic Engineering and Maintenance, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of street lighting systems and installation of underground cables and conduits. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide street light repair and replacement for the Floral Park neighborhood, as set forth in City's Request for Proposal dated December 6, 2007, attached hereto as Exhibit A, and incorporated, in full, by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Proposal, attached hereto as Exhibit B. The total sum to be budgeted under this Agreement shall not exceed $375,000.00, per fiscal year, for a total compensation of $1,125,000.00 during the term of this Agreement. The total compensation includes a contingency for replacement of conduit as necessary, and other unforeseen circumstances. Said funds shall accumulate during the term of this Agreement if not expended during the fiscal year allocated to this Agreement. b. The Contractor will be paid monthly in arrears for work performed satisfactorily under this contract. By the 10th of each month the Contractor shall submit a detailed progress report, I 251-6 detailing the percentage of work completed on the circuit in the prior month. This report shall be accompanied by a billing in accordance with the contract price for the work performed, and shall become the basis for payment. Payment by City shall be made within thirty (30) days following receipt of such invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and will terminate December 31, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon the written approval of the Executive Director of the Public Works Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor's comprehensive general liability insurance policy shall contain language substantially similar to the following clauses: 2 251-7 (1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. (2) With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. (3) This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 3 251-8 f. Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with City prior to the effective date of this Agreement. This is a condition precedent to the formation of any obligation by City to compensate Contractor under this agreement. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 2514 9 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works Agency Administrative Services City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5069 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Econolite Traffic Engineering and Maintenance, Inc. 3360 E. La Palma Avenue Anaheim, California 92806 telefacsimile (714) 666-1123 Attn: Rick Duncan, Operations Manager A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been 25110 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25111 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or its employees in connection with the performance of this work. 17. FAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that if the Contractor fails to perform the work as specified herein, the Director 1) will only pay for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. B. The Director may make a billing adjustment in monthly payments for insufficiencies in service rendered by the Contractor. Billing adjustments for this 25112 unsatisfactory service may be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein. C. If the Contractor performs the work in such a manner that the amount of payment withheld due to sub-standard performance, non-performance and forfeiture for non- completion per schedule totals five (5) percent of the total contract price, the City will put the Contractor under notice of non-compliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, non-performance and forfeiture for non-completion per schedule totals ten (10) percent of the total contract price, the contract is subject to cancellation at the City's option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued by changing contractors 18. SAFETY REQUIREMENTS All work performed under this contract shall be performed in a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 19. UNDERGROUND SERVICE ALERT (USA) Underground Alert Systems must be notified 48-hours in advance prior to commencing work that involves digging underground. This notification is required for each location. The telephone number is 1-800-422-4133. 20. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately reported to the Public Works Agency. 21. UTILITIES Any Damage to utility lines that occurs shall be immediately reported to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. 22. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property, the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. 25113 23. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's expense. 24. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH Handbook, the Contractor will contact the Director for approval. 25. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for Routine and/or Extraordinary maintenance of this contract. Signs used for handling traffic during the course of this contract shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and/or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 26. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the contractor fail to correct deficiencies or public nuisances that have been created because of his operation, then these will be considered to be of an emergency nature. City shall have the right, but not the obligation to make the corrective work. Such work will be done on a force account basis with an additional callout charge of $200.00 for each callout. 27. APPRENTICESHIP STANDARDS Where required under law, the prime contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 28. SUBCONTRACTORS 9 251-14 a. Designation of Subcontractors In accordance with the provisions of Section 4100 and subsequent sections of the Government Code concerning the Subletting and Subcontracting Fair Practices Act, Contractor's proposal lists all subcontractors who will perform work or labor or render service to the Contractor's total proposal. b. Proposers Note Carefully If Contractor failed to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of the total bid, he agrees to perform that portion himself. The Contractor shall not, without the written consent of the City: (a) Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. (b) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. (c) Subcontract any portions of the work if the cost thereof exceeds one-half of one percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 29. PAYROLL RECORDS Section 1776, Chapter 1 of Division 2, from the California Labor Code relating to apprentices on Public Works, requires that each contractor and subcontractor keep an accurate payroll, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and each week, and the actual per diem wages paid each journeyman, apprenticeship or worker employed by him. The payroll shall be made available to the employee or this authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards. Pursuant to Labor Code S 1778.8, the Contractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with applicable collective bargaining agreements filed with the Department of Industrial Relations. 30. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. ~o 251-15 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. RODNEY MATHIS President Tax ID# 251'16 EXHIBIT A FLORAL PARK NEIGHBORHOOD STREET LIGHT REPAIR SPECIFICATIONS I. SCOPE OF WORK The Request for Proposal calls for repairs of the existing street light system in the Floral Park Neighborhood due to age and deterioration. The Floral Park Neighborhood is located in the north part of the City and is bounded by Riverside Drive on the north, Flower Street on the west, 17t~ Street on the south, and Broadway on the east. This project will include the replacement of all cable, replacement of portions of deteriorated conduit where required, removal of potheads from street light poles, removal of pull boxes and installation of new globes in the North Park circuit, North Residential circuit and Broadway circuit. The Floral Park Neighborhood is a high voltage series street lighting system that was installed in the early 1920's. The neighborhood has witnessed numerous power outages which are becoming more frequent. The system repairs have been "piecemealed" over the years and it is unknown how much, if any, of the existing conduit may need to be replaced. The conduit in that area is old and deteriorated. The City is considering two options - replacing all conduit and utilizing existing conduit. Pricing requested from the Contractor will include both options. The lead casing that surrounds the existing cable is possibly considered hazardous material for disposal purposes. Staff will confirm the cable disposal and/or recycling options and send you an addendum on this issue. The Floral Park Neighborhood has approximately 57,000 linear feet of cable: Circuit • North Park Circuit - 22, 000 feet • North Residential Circuit - 30,000 feet • Broadway Circuit - 5,000 feet Not to exceed budget (excluding conduit replacement and unforeseen circumstances) $392,136.00 $526,772.00 $ 92,315.00 The scope of work includes the following details: • Replace all cable using existing conduit. • Replace deteriorated conduit only if it is more cost effective to replace than to work with existing conduit, as directed by the Director. t2 251-17 • Separate pricing is requested for replacing all conduit with 1'/z-inch conduit installed 18 to 36 inches below grade. • Remove potheads from street light poles as work progresses. • Remove all pull boxes except for required boxes as work progresses. • Install new globes. • This is a working system; system must be de-energized each morning and re- energized each afternoon. Contractor is responsible for keeping street lighting system operational. • Lockout/tagout is required. • Proper disposal or recycling of hazardous materials is required. • Work shall start from the service point and proceed to completion of one circuit prior to starting work on another circuit. • All connections must be made by the end of each day as the system shall be energized each evening. At no time can a cable be left unconnected prior to energizing. • All return lines must be separate and identifiable. • A sketch of a typical cable replacement is attached. The City acknowledges the complexity of this project, the scope of work requested and that unforeseen work may be required during the scope of the project. A map showing street light locations and service points is attached to this proposal (EXHIBIT A-1). Funding will be allocated over a three or four year period until the work is completed. The City, at the discretion of the Director, reserves the right to decrease the scope of work during the duration of the agreement The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, recycling of construction and demolition material, and proper disposal and/or recycling of hazardous materials as part of this project. II. APPROVED MATERIALS A. CONDUIT L Rigid, nonmetallic electrical conduit 2. Sizes: 1" 1 '/a" 1 '/2" 2" 3. Fittings to match conduit sizes B. CONDUCTORS AWG wire size #8 solid copper wire. 251'18 2. Rated for operation at 5,000 volts. 3. 2.8mm polyethylene insulation per Power Cable Engineers Association. 4. Approved oil resistant rubber tape and vinyl chloride tape for splicing. C. GLOBES 1. Polycarbonate white textured 2. Acorn style globe (matching existing) 3. Size North Park and North Residential areas a. 15" x 23 '/z" x 8" Broadway a. 16" x 27" x 9" D. CONCRETE Replacement concrete must match existing concrete. III. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director shall have the authority to acceptlreject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be sub-standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; (2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. The Director, or his authorized representative, shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR (1) Local Office The Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. A local office is one 2511419 that can be reached by telephone without it being a toll call. Contractor will not be allowed to store equipment or materials at any contracted area. (2) Submittals The Contractor shall submit to the Director at the beginning of work, 1) a proposed job schedule, 2) time sheet, 3) names and titles of all persons working on the project, and 4) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. (3) Uniforms/Identification The Contractor shall provide to all field personnel a standard uniform with company identification. All vehicles and equipment on the project site shall also be properly marked with company identification. (4) Licenses and Permits The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to G10 Electrical License and a City of Santa Ana Business License. (5) Compliance with the Law The Contractor agrees that its performance under the contract shall comply with all applicable laws of the United States of America, the State of California, the County of Orange, the City of Santa Ana, and any other body having jurisdiction over the activities of the Contractor. (6) Work Force a. The Contractor shall insure that all work under this agreement is supervised by Contractor employed supervisory personnel who are technically qualified and possess management skills required to implement modern methods and newly developed procedures b. The Contractor shall insure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by the Contractor. c. The Contractor shall be responsible for the skills, methods, appearance and action of Contractor's employees and for all work done. The Contractor's employees shall be U.S. Citizens and/or legal residents. 15 251-20 d. The Contractor shall perform the work provided for in this contract under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. (7) Material The Contractor shall submit a list to the Director all materials that the Contractor proposes to use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements. (8) Rec_ cy lin All waste (including greenwaste and construction and demolition materials) resulting from work performed under this contract shall be recycled. A recycling work plan shall be submitted to the project manager prior and approved before the project begins. All hazardous waste shall be disposed of properly and/or recycled. (9) General Maintenance and Clean-Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in the parkway swept and cleaned of any debris, dirt or soil. (10) Emergency Service The Contractor shall be able to receive and respond to the City's call for emergency service twenty-four hours per day, seven days per week. Response time shall be immediate but not less than two hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where contractor can be contacted twenty-four hours per day, seven days per week. (11). Penalties and Fines Failure to comply with requests from the Director and/or creating unnecessary delays, as determined by the Director, may be cause for fines and penalties in the amount of $200.00 per occurrence per day until said request(s) is completed. These shall be deducted from invoiced payments. 251~~21 Q EXCAVATE AT EACH POLE OR PULLBOX LOCATION. CUT CONDUIT BY 90 DEGREE ELBOW. O PULL OUT CABLE. O INSTALL PVC COUPLINGS. O INSTALL NEW CABLE. Q REMOVE POTHEADS. O MAKE NEW CONNECTIONS. ~ REMOVE AS I i YOU PROCEED. i I 5 5 ~ ~ ~ ~ 1 I - L ' - - - ' ' ~~~~, 1 , - - -' ~ ~ 3 L~-u ' ~ 3 ' , 11 l! ~ ~ ~ ' ~ ~ I ~ ~ ~ ~ ~ I I 3 I IEPLKES STp, PLAN N0. 4 ~ I I APPROVED DATE: CITY OF SANTA ANA CITY ENGINEER rVDI-1~~ RtiA'NW AC~K~Yi DATE REVISION PACE TYPICAL CABLE I~R 251Q~ACEMENT SKETCH 251'23 EXHIBIT B VII. PRICING -LABOR RATES Labor Cost Straight Time Rate Overtime Rate Provide a listing of contractor's rates (including all fringe benefits, mark-up, overhead etc.) for all job classifications to be assigned to work on this project. 1. i ~-A~l C. St f~1Al_ ~l1ECT. $~C1 ~t~. $ t 4~ ~ 2. 2. ~-tc~ar~~ -t $ ~(~ N~ $ t 35 ~t2 4. $ $ 5. $ $ 6. $ $ Materials Cost Provide a listing of materials to be utilized and pricing 2. ~ ~~'f ~ ~ QG (;cri1~ iT' 3. ~ ~f 2` CaQC- Cc~Du~T 5. ~~~ ~iP..C_ CENIJtI iT 7 Mark-up Cost/Linear Foot $ ~ ~ ~.F $ -~ ~~LF a $_ cJ ~ LF $ i l i F..c~~.f-} $ 7,a~ $ c ~ 3 ~T ~5% $ 251-24 EXHIBIT B Installed Conduit Cost Total Cost/Linear Foot -~Provide_.~ i- ns~alled cost (including labor, materials and equipment} per linear foot for the following sizes of conduit 1. 1-inch j~~JVt:~(F~ $ ~ j ~ 2 . 1'/4- inch 't"REr~cj-tF.~} $ (,~ Z ~~. 3. 1'/z- inch T~~~-lam $ (03 i.~ 4. 2-inch ~Tp"-tom $ j ~F Equipment Cost Daily Rate Provide a listing of equipment to be utilized 1. C.q~rl ~ $ ((~7 2. ~~122~ ~-Q $ ~ t~ 3. Sr~LU iCE ~l ~-(i CL.~ $ ~-~'l~ 4. ~DUM (~ 't (2 UCI~- $ NCO 251-25 EXHIBIT B 111. -- PRICING -NORTH PARK CIRCUIT Contractor will provide all materials, labor ahd equipment costs to provide replacement of all cable utilizing existing conduit, removal of pothead~om street tight poles, removal of pull boxes~nd installation of -new globes equipment and ma#erials necessary for the completion of following scenario in accordance with the approved materials identified in Exhibit A. Materials Cost No. of Linear Feet Cost/Linear Foot Total Cast Provide a listing of materials to be utilized and pricing -~-- 4. ~ ~ 5. $ $ 6. $ T~P~- ~ ~ ~ $_ ~ - Mark-up % ~j~a $ .tj ~Z~{ Total Materials Costs $ ~ t.{-~ ~ ---s- tabor Cost Hourly Rate No. of Hours Total Cost Provide a listing of contractor's rates (including all fringe benefits, mark-up, o for each job classification verFtead etc. -~. 3. L.(L~R~I ~C,Ff1~llC(~ $ ~~ ~i17 "7~ $ . 4. ~~ - ~ -- ~ ~~ 8~0 t~a ~ ~ ~ , ~. ~c,~P~~Jt ~~ - ~ ~ Z~ t t t~ znc~ ~ 3 ~ , 6. Total Labor Costs 251-26 $ 3_~32b EXHIBIT B Equipment Cost Daily Rate Tota! Cost Provide a listing of equipment to be utilized 3. ~l~G lei ?~LfC(L $ j~ $~~ a. ,-~, $ 2'75 ~ $ 5. $ $ Total Equipment Cost $ ~~„ ~~ TOTAL NORTH PARK ClRCUtT $ ~~2 ~ ~ 251-27 EXHIBIT B VII. P~i1CING -NORTH REST©ENTIAL CIRCUIT Contractor will provide all materials, labor and equipnrnent costs to provide replacement of all cable utili2ing existing conduit, removal of potheads from street light poles, removal of pull boxes and installation of new globes, equipment and materials necessary for the completion of folbwing scenario in accordance with the approved materials identified in Exhibit A. Materials Cost No. of Linearf=eet Cost/Linear Foot Total Cost Provide a listing of materials to be utilized and pricing 2. ~IXiV F:IL~c. ~ ~ l~ $ 13~ 1 ~ _. _ . $ ~ ~ _. 4. ~ $ $ 5. $ $ s. $ ~araL : ~ 9 2 ~ , 3 . Mark-uP °~ -~°1~v $_ 7C~~L~ Total Materials Costs $ 53 ~-i~, Labor Cost Hourly Rate No_ of Hours Total Cost Provide a listing of contractor's rates (inGuding all fringe benefits, mark-up, overhead etc_) for each job classification 2. ~i!&!f T7~ ~ ! ~i~R~l ~ A~ $ ~~ ~ 200 i ~? ~jp _ $ = ~ 3. L1C~{77rJf? ?~[3=f~t1fC.~A[~ $ ~O {?_ff))U $ ~{? ~, LXx3 4. ~t~~ $ ~a ~ ~~ ~C? ~ - $ L C 6. $~~ Total Labor Costs 251-28 EXHIBIT B Equipment Cost Daily Rate Totai Cost Provide a listing of equipment to be utilized 1. _ l tC~ t~~ICC~ $ ~ $ 2. ~inr~sso2 $ ~~, ~_t5,ooo 4. ~~1~` t'~~L $ Z7~ $ 5. $ $ Total Equipment Costs $~~-G~ TOTAL NORTH RESIDENTIAL CIRCUIT ; ~~ T ~~.. 251-29 EXHIBIT B VII. PRICING -Broadway Glrcuit Contractor will provide all rrt~terials, labor and equipment costs to provide replacement of all cable utilizing existing cpnduit, removal of potheads from street light poles, removal of unneeded pull boxes anq Installation of new globes, equipment and materials necessary for the completiorj of following scenario in aceordancc~ with the specifications identified in Exhibh A. Materials Cost No of Linear Feet CostlLineac Foot Total Cost Provide a listing of materials fo be utilized and pricing 2 F~~~ C~~~ ._ 4~E $ !3~ ~Z $_ ~_~ 3 ~{C'a I~C~ ~iJ1i4~~c'/~L,,S _ ~ $ Z~ _ $ j 2~JD 4 $ ~ S. ___ -- $ ----__ $ Mark-u % p u _~51a $173 Total tifaterials Costs $ i~ ~5- labor Cost Hourly Rate No of Haurs Total Cost Provide a listing of conUectoriS rates (including aft fringe for each job classification benefits, mark-up, overhead etc ) 2 G(C-~l7TN~j_ZF~~IIXCiA~ $ _~~ Z $-t ~. Qpp 3 ~Z7~L] %~iC~4A+kG' $ _~ 1.0C7 $ t S r ODV 4. ~~~~ $ ~ 2417 ~ it* ~T~ (~V c ~ ~ ~2 $ ~ 2+~ ~.5 $~aaa s ___._ __...._._ $ $ Total labor Costs ~ ~7z,8a~ 251-30 EXHIBIT B Equipment Cost ~ Daily Rate ~ Total Cost Provide a listing of equipment to be utilized ~T _ 2 C~1/nP/z~~.~ $ '1 CCU $ Z'J~(~ 3 C~t/~,~+' i~c.lt'1d. ~T $ ~ CCU $ ~~ 5 - --•~ $ ~ Total Equipment Costs _ ~ lD ~tiC) TOTAL BROAQWAY GIRCIJIT g ~I2~3I ~' 251-31 251-32