Resolution No. 2011-192RESOLUTION NO. 2011-192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR CITYWIDE TRAFFIC SIGNAL MAINTENANCE
WHEREAS, the. City of Vernon is interested in obtaining
proposals from qualified contractors to assist the City in maintaining
and repairing its traffic signal system; and
WHEREAS, the Director of Community Services & Water has
requested the issuance of a request for proposals to perform traffic
signal maintenance and repairs (the "RFP").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
directs the City Administrator, or his designee, to issue in
accordance with Vernon City Code Section 2.29-2 the RFP, a copy of
which is attached hereto as Exhibit A, to one or more qualified
contractors, and to report to the City Council on the proposals
received with a recommendation for action.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 15th day of November, 2011.
Name: Hilario Gonzales
Title: Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-192, was.duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, November 15, 2011, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this / day of November, 2011, at Vernon, California.
(SEAL)
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EXHIBIT A
CITY OF VERNON
REQUEST FOR PROPOSAL
CITYWIDE TRAFFIC SIGNAL MAINTENANCE
NOVEMBER 2011
4305 Santa Fe Avenue, Vernon, CA 90058 PHONE: (323) 583-8811
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
CITY OF VERNON
REQUEST FOR PROPOSAL
Prospective Contractors:
The City of Vernon (City) requests proposals for the furnishing of all transportation equipment,
materials, supplies and services necessary in order to provide for traffic signal maintenance.
Contact Information:
Questions regarding this Request for Proposal shall be directed to Kevin Wilson, Director
Community Services and Water at (323) 583-8811 Ext. 245. Proposals are to be submitted to
Samuel Kevin Wilson at the following address:
Samuel Kevin Wilson, P.E.
Director of Community Services and Water
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Proposal. Closing Date:
Three (3) sets of the contractor's proposal shall be received by the City no later than 2:00 PM,
December 19, 2011. All proposals must be delivered to the above address. Proposals shall be
submitted in a sealed package, clearly marked with: "Traffic Signal Maintenance".
Proposals will become part of the official files of the City ofVernon and cannot be returned.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
CITY OF VERNON
REQUEST FOR PROPOSAL FOR
CITYWIDE TRAFFIC SIGNAL MAINTENANCE
I. Introduction
Currently, the City of Vernon maintains 41 signalized intersections as shown on the attached
map (Attachment "A"). The City of Vernon Community Services and Water Department, is
accepting proposals from firms to provide Traffic Signal Maintenance and Repair Services.
The City is seeking the services of a Traffic Signal Maintenance and Repair firm, which can
assist the City in maintaining and repairing its traffic signal system. A firm with experienced
personnel, a good track record and established procedures for performing signal maintenance and
repair tasks that will be an ideal choice for the City. The total amount of work available will be a
function of the amount of work that is required due to collision damage, vandalism and the
number of traffic signals in service that require routine maintenance.
H. Scope of Work
A. General
The contractor shall provide ongoing and regular field preventative maintenance and
repair of traffic signal equipment, and other related equipment by duly trained and
qualified personnel
The Contractor shall provide and maintain Emergency Service response of the City's
traffic signals on a 24-hour a day; 7 days per week basis, including all holidays.
The Contractor is encouraged to have a functioning and deployed comprehensive PC,
Web -based, computerized traffic signal maintenance and asset management system.
The Contractor must provide a vehicle for the use of the Contractor's Traffic Signal
Technician which shall be equipped with a permanently mounted arrow board; warning
beacon/strobe lights; traffic cones; construction warning signs; a hydraulic bucket
capable of reaching a height of 28 feet from the roadway surface; necessary computer
laptop for programming, maintenance and testing of traffic signal controllers and various
equipment; and communications equipment for dispatch. In addition, the Contractor's
employee shall be required to have radio communication equipment for dispatch
purposes. At a minimum, this shall be a cellular phone capable of numeric and text
messages with vibration alert. All of the required equipment shall be properly maintained
and functional 24 hours a day, 7 days a week, including holidays.
The Contractor shall ensure that any vehicle used within the boundaries of the city where
lane closures or work within the travel lanes is required shall be. equipped with an arrow
board, warning beacons/ strobe lights, the proper quantity and sized cones for a lane
closure, and advance warning signs. All of the Contractor's employees working within
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
the boundaries of the City shall be equipped with a communications device capable of
instant 2-way communications for extended periods of time with the Contractor's shop
and/or with City staff.
The Contractor must possess, and have readily available in functioning order, all required
tools, equipment, apparatus, facilities, and materials need to perform all work necessary
to maintain and repair the traffic signals and equipment shown on Attachment "A" and
listed in Attachment `B" in compliance with current Caltrans and City standards and
specifications.
The Contractor shall furnish temporary replacement traffic signal controllers, conflict
monitors, cabinets for traffic signals and various other standard traffic signal equipment
when necessary. Contractor furnished temporary spares shall be equivalent to the
component being replaced in manufacture, make and model.
The Contractor shall cooperate with the City in recalibrating traffic signal coordination
timing and progression.
The Contractor shall change the timing of any traffic signal only upon the direction or
advance written approval of the City.
During emergency conditions, the Contractor shall assure fall cooperation with the City
and those employees of the City as indicated.
The Contractor shall not represent the City in matters of policy or procedures under this
contract, shall not make any reference to City policy or procedures, and shall refer all
questions or inquiries from the public regarding policy and procedures, or terms and
conditions of this contract to the City.
The Contractor shall provide traffic control/lane closures that conform to the Manual on
Uniform Traffic Control Devices WTCD).
B. Routine Maintenance
The Contractor shall enact a continuing comprehensive maintenance program designed to
eliminate or reduce any incidence of malfunctions, complaints, and extension of the
useful life of the City's traffic signal equipment. The program shall include at a minimum
the following:
1. Monthly and Annual Preventative Maintenance
The Contractor shall provide monthly preventative maintenance on the signalized
intersections listed in Attachment "C". The Contractor shall complete Monthly
Preventative Maintenance Checks per the list for each maintenance inspection and shall
indicate the minimum work required for each item. The contractor shall maintain a record
of all service calls and work performed upon the signal equipment, listing dates, hour of
day and description of service work performed. A copy of such record shall be
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
maintained at all times within the controller cabinet at each signal location. A log sheet
giving a brief description of all routine and extraordinary maintenance activities shall be
attached to each monthly invoice. A monthly report of activities for each intersection's
events, sorted by time, is to be included in the reports requested by the City. This is to be
accompanied by a report of all activities sorted by time as well. The Contractor is
encouraged to maintain electronic records of the completed checklist form for each
intersection in the Contractor's MMS throughout the term of this contract. The
Contractor is encouraged to make available via a web interface electronic records of the
completed monthly preventative maintenance checks as well as activity reports in real
time.
The Contractor shall maintain two separate logs at each signalized intersection under this
contract. One log shall detail each monthly and preventative maintenance inspection by
the Contractor. The Contractor shall complete at a minimum on this log, the inspection
date, arrival time, departure time, type of inspection, any findings or repairs, and the
Contractor's employee name or ID. The other log shall detail any extraordinary repairs or
service calls for the intersection. This log shall detail the nature of the emergency/service
call, the Contractor's findings, the repair made, Repair Order number, if applicable,
arrival time at the intersection, departure time, and the Contractor's employee name or
ID: All information must be collected and submitted with the monthly invoice.
2. Traffic Signal Control Equipment
The Contractor shall repair, replace or otherwise render in good working order any and
all defective parts of all traffic signal control equipment. Whenever the Contractor
replaces any defective parts on either a temporary and/or permanent basis, the Contractor
shall identify the parts being replaced by manufacture's make and model. Furthermore,
the Contractor shall only use new parts for permanent replacement. Exceptions to this
requirement shall only occur on an individual basis upon advance written approval from
the City.
No permanent changes of traffic signal control devices shall be done without prior
written approval from the City. In addition, any changes shall also be indicated on the
maintenance or repair log within the traffic signal controller cabinet. The Contractor
agrees to notify the City in advance of any planned or scheduled traffic signal turn-offs/
turn-ons only upon prior written approval by the City.
a. New Installations or Deletions
The Contractor shall maintain any new traffic signal equipment and any other
related devices, which are installed for or by the City throughout the term of the
contract. These devices will be deemed to be added to the existing signalized
intersections listed on Attachment "B" when the City notifies the Contractor of
the installation thereof. These added devices, regardless of the complexity and
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
technology shall be maintained in the same manner and for the same flat rate as
those devices already covered by the contract.
Should responsibility for the maintenance of any current or future traffic signal
device cease to be the City's, the City will notify the Contractor in writing of the
last date to perform maintenance.
3. Safety Precautions:
The selected Firm shall take all precautions to ensure the safety of pedestrians, vehicular
traffic, and personnel.
III. INSTRUCTIONS AND CONDITIONS
The following instructions and conditions apply to this RFP:
A. General Conditions
1. Right to Reject Proposals
Issuance of this RFP and receipt of proposals does not commit the City to award a
contract. The City reserves the right to reject any or all proposals, to accept any
proposal or portion thereof, to waive any irregularity, and to take the proposals
under advisement for the period of time stated in the "Notice Inviting Proposals",
all as may be required to provide for the best interests of the City of Vernon. In no
event will an award be made until all necessary investigations are made as to the
responsibility and qualifications of the proposer to whom the award is
contemplated.
No proposer may withdraw his proposal for a period of ninety (90) days after the
time set for opening thereof.
2. Proposal Evaluation Criteria
Proposals will be evaluated on the basis of their response to all provisions of this
RFP. The City of Vernon may use some or all of the following criteria in its
evaluation and comparison of proposals submitted. The criteria listed are not
necessarily an all-inclusive list. The order in which they appear is not intended to
indicate their relative importance:
a. Previous experience and demonstration of a record of success on work
previously performed for the City or similar work performed for others.
b. Experience and background of project lead and staff to perform work within
the specified time.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
c. Unit prices for the work
d. Ability to work effectively with City staff, other public agencies and related
parties as directed during the course of the services.
e. Previous history of completing projects within budget and design estimates
and ability to furnish adequate and effective construction supervision.
3. Interpretation of Proposals and Documents
If any person contemplates submission of the proposal for the proposed contract
and is in doubt as to the true meaning of any part of the scope of services, or other
proposed contract documents, or finds discrepancies in, or omissions from the
proposal, he/she may submit to the Community Services and Water Department a
written request for an interpretation or correction thereof. The person submitting
the request will be responsible for its prompt delivery. Any interpretation or
correction of the proposed documents shall be made only by addendum duly
issued and copy of such addendum will be mailed or delivered to each person
receiving a set of such documents. The Community Services and Water
Department will not be responsible for any other explanation or interpretation of
the proposed documents.
B. Proposal Format and Content
Proposals shall be typed and submitted on 8.5" x 11" size paper, using a simple
method of fastening. Proposal shall not include any unnecessary, elaborate or
promotional material. Excessive lengthy narrative is discouraged; presentation shall
be clear and concise.
1. Background and Approach
The Background and Approach Section should describe your understanding of the
City, the work to be done, and the objectives to be accomplished.
2. Methodology(ies)
This section should clearly describe the methodology or methodologies to be used to
carry out the specific work tasks described in the Work Plan.
3. Work Plan
Describe the sequential work tasks planned to carry out in accomplishing this project.
Indicate all key deliverables and their contents.
4. Related Experience
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
Describe recent, directly related experience. Include on each listing the name of the
client; description of the work done; primary client contact, address and telephone
number; dates for the project; name of the Project Director and/or Manager and
members of the proposed project team who worked on the project, as well as their
respective responsibilities. At least five references should be included. The City of
Vernon reserves the right to contact any of the organizations or individuals listed.
5. Cost Data
Indicate the unit and total costs for which you will conduct the project in the Bid
Sheet contained in Attachment "D". The City of Vernon requires compliance with
the State of California's Prevailing Wage requirements. Upon request, certified
payroll shall be provided to the City.
6. Other Information
Include any other information you consider to be relevant to the proposal.
IV. INSURANCE COVERAGE
As part of the proposal, the Firm shall submit a statement verifying the Firm's ability and
commitment to obtain all the necessary insurance requirements. The selected Firm shall
submit the insurance requirements specified below and secure approval by the City. Failure to
provide the insurance requirements will be grounds for rejection of the Firm.
Minimum Insurance Documents Required:
1. Compliance with the insurance schedule
2. Certificate of Insurance from the consultant's insurance agent
3. Copy of the Declaration Page of the insurance policy
4. Originals of Endorsements
5. Schedule of Forms and Endorsements
V. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City may make changes, amendments,
and addenda to this solicitation, including changing the date due to allow respondents
time to address such changes. Addenda, changes, and amendments, if made, will be
posted on the City's website (www.cityofvemon.org), which is deemed adequate notice.
A proposer may make a request to the City's project coordinator to be placed on a list of
persons to receive notice of any such addenda, changes, or amendments. The preferred
manner of communications is via e-mail due to its timeliness.
VI. FORM OF CONTRACT
The City's standard form of contract shall be used, and includes other provisions not
described here. A standard professional service contract is attached for reference
(Attachment "E"). Please review this very carefully and note in body of response any
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
exceptions or alterations to the agreement. Alterations or Changes to the agreement
which were not in the Consultant Team Is response will not be made after the selection
of the Consultant Team. This includes alterations, exceptions, or changes to the
insurance and indemnity provisions. By requiring these requests up front, the City can
compare all respondents on an equal footing.
VII. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship
between the respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers
qualified as prime contractors, or award a contract to any respondent. The
City reserves the right to amend or cancel this RFP without prior notice, at
any time, at its sole discretion.
C. The City shall not be liable for any expenses incurred by any organization
in connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of
the City shall affect or modify any terms of this RFP. Oral
communications or any written/e-mail materials provided by any person
other than designated contact staff of City shall not be considered binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or
all Proposals without prior notice and to waive any minor irregularities or
defects in a Proposal. The City reserves the right to seek clarification on a
Proposal with any source.
F. Respondents shall not issue any news release pertaining to this RFP, or the
City without prior written approval of the City.
G. All submitted proposals and information included therein or attached
thereto shall become public record upon delivery to the Community
Services Department.
VIII. RIGHT. BY CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
C
ATTACHMENT `B"
VERNON SIGNALIZED INTERSECTIONS
1. 26' STREET @ BONNIE BEACH PLACE
2. 37TH STREET @ SEVILLE AVENUE
3. ALCOA AVENUE @ FRUITLAND AVENUE
4. ALCOA AVENUE @ LEONIS BOULEVARD
5. ATLANTIC BOULEVARD @ 3030 ATLANTIC
6. ATLANTIC BOULEVARD @ BANDINI BOULEVARD
7. ATLANTIC BOULEVARD @ DISTRICT BOULEVARD
8. BANDINI BOULEVARD @ I-710 OFF -RAMP
9. BANDINI BOULEVARD @ BONNIE BEACH PLACE
10. BANDINI BOULEVARD @ PENNINGTON WAY
11. BANDINI BOULEVARD @ SIERRA PINE AVENUE
12. BANDINI BOULEVARD @ SUNOL/AYERS
13. BOYLE AVENUE @ FRUITLAND AVENUE
14. BOYLE AVENUE @ LEONIS BOULEVARD
15. BOYLE AVENUE @ RANDOLPH STREET
16. DISTRICT BOULEVARD @ LOMA VISTA AVENUE
17. DOWNEY ROAD @ DISTRICT/LEONIS BOULEVARD
18. DOWNEY ROAD @ FRUITLAND AVENUE
19. DOWNEY ROAD @ VERNON AVENUE
20. PACIFIC BOULEVARD @ FRUITLAND AVENUE
21. PACIFIC BOULEVARD @ LEONIS BOULEVARD
22. SANTA FE AVENUE @ 25TH/26TH STREET
23. SANTA FE AVENUE @ 27TH STREET
24. SANTA FE AVENUE @ 28TH STREET
25. SANTA FE AVENUE @ 37TH STREET
26. SANTA FE AVENUE @ 38TH STREET
27. SANTA FE AVENUE @ VERNON AVENUE
28. SANTA FE AVENUE @ PACIFIC BOULEVARDNERNON AVENUE
29. SANTA FE AVENUE @ 48TH STREET
30. SANTA FE AVENUE @ FRUITLAND AVENUE/51ST STREET
31. SANTA FE AVENUE @ 55TH STREET
32. SLAUSON AVENUE @ ALCOA AVENUE
33. SLAUSON AVENUE @ BOYLE AVENUE
34. SOTO STREET @ 26TH STREET
35. SOTO STREET @ FIRE STATION #3
36. SOTO STREET @ 37TH STREET/BANDINI BOULEVARD
37. SOTO STREET @ FARMER JOHN DRIVEWAY
38. SOTO STREET @ FRUITLAND AVENUE
39. SOTO STREET @ LEONIS BOULEVARD
40. SOTO STREET @ VERNON AVENUE
41. WASHINGTON BOULEVARD @ HOBART YARD DRIVEWAY
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
ATTACHMENT "C"
I. ROUTINE MONTHLY MAINTENANCE
GENERAL:
It is the intent of the City of Vernon that the City's 41 traffic signals are maintained so as to
provide the motoring public with a minimum of inconvenience caused by the failure of any
signal components, and to presenta well -kept signal installation.
All traffic signal work: shal I be performed in accordance with the current Standard Plans and
Section 86. "Signals, Lighting, and Electrical Systems" of the Standard Specifications for the
State of California, Department of Transportation and the current City Standard Traffic Details.
This maintenance shall be extended to include future signal installations at the proposed unit
prices.
The following is a list of tasks to be completed for each intersection on a monthly basis.
CONTROLLER CABINET:
CONTROLLER CABINET MOUNTING:
Check the snugness of the nuts on the cabinet anchor bolts, tighten, if necessary, being sure not
to distort the cabinet door opening by over tightening.
CONTROLLER CABINET FOUNDATION SEAL:
If standing water or evidence of water is present inside the bottom of the cabinet, check the seal
between the bottom of the cabinet and the foundation for deterioration; report the need for a
reseal, as necessary.
DOOR GASKETS'
Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for
evidence of moisture or deterioration. Report the need to completely replace any gaskets
showing signs of leaking or deterioration.
CABINET VENTS:
Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure
that they are free of any foreign material.
AIR FILTER:
Vacuum or knock the dust out of filters. Filters shall be changed every 6 months unless damaged
For any permanent filters, vacuum, wash or knock the dust out of the filter. Permanent filters
require no replacing unless damaged.
CABINET FAN:
Verify that the cabinet fan operates properly with a minimum of noise.
THERMOSTAT:
Verify that the cabinet fan thermostat is set at 100 degrees.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
INTERIOR LIGHT:
Verify the proper operation of the cabinet's interior light. If a manual light is installed, check for
proper operation.
DOOR PANEL HARNESSES:
Check the harnesses leading from the main panel to the police and auxiliary panels on the cabinet
door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if
necessary.
HINGES AND LOCKS:
Check for free movement of all doors, latching assemblies and locks on the controller cabinet,
service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove
any excess. City will specify the oil for this purpose which does not attract dirt or leave residue
VACUUM CABINET:
Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior
of the cabinet, including the police panel.
INSECT INFESTATION:
Check for any signs of ants, wasps or other insects within the cabinet and report any positive
findings for the City to take the necessary steps for extermination and prevention.
CABINET GROUNDING:
Using appropriate equipment, check during the 1 st month of the contract and then annually the
resistance between AC and Ground.
SERVICE CONNECTIONS:
Verify that the neutral, ground and power connections are secure in the controller and service
cabinets.
PLUG-IN COMPONENTS:
Check that each plug-in component Crack mount detectors, relays, load switches, etc.) fits tightly
and securely.
TERMINAL CONNECTIONS:
Test during the 191 month of this contract and then semi-annually or following any wiring
repair, each terminal screw by backing off slightly then retightening to confirm that it is secure.
GROUND FAULT RECEPTACLE:
Verify the proper operation of"Test" and "Reset" buttons on GFI type outlets.
INTERSECTION RECORDS:
Ensure that all intersection cabinet wiring diagrams are present Notify City representative if
updates are required. Note all work, routine and extraordinary, in the log in the cabinet as to the
reason for the call/work and results or work accomplished by date and time.
CONTROLLER OPERATION
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or
the controller key pad, to verify controller servicing of each active phase. Check controller logs
for any faults that may have occurred and take notes for the file.
CONFLICT MONITORIMALFUNCTION MANAGEMENT UNIT:
Verify time and dates are correct in any CMU/1MIMU with an internal clock and for proper
operation of the unit.
DETECTOR OPERATION:
Verify the detection zones for each detector by observing the turn -on of the appropriate detector
indicator as a vehicle passes over the detector loop(s) or detection zone. Check also that a call is
placed on the correct controller phase. Verify detection zone vertically above loops whenever a
problem has occurred.
EQUIPMENT DISPLAYS AND INDICATORS:
Verify that all video, LED and LCD displays and indications on all cabinet equipment are
working properly.
SYSTEM TELEMETRY:
Check operation of telemetry on controller display and modem, if equipped, located in the
cabinet. Report any malfunction immediately.
INTERSECTION WALK -AROUND:
GENERAL:
Remove any easily removed, unauthorized signs and posters and report all graffiti existing on
signal poles or equipment.
SIGNAL HEADS:
Verify that all vehicle and pedestrian signal heads properly display all indications and the signals
are not damaged. Verify the alignment of all heads to the intended direction. Also verify that all
backplates, visors and doors are visibly secure.
PEDESTRIAN EQUIPMENT:
Check all pedestrian push buttons and signals by band to ensure that they are securely mounted
and operating, properly. Contractor will maintain a supply of ADA push buttons, as these are to
be repaired immediately on discovery and reported to City staff.
MISCELLANEOUS:
Check operation of safety lighting using the manual test switch located in the service cabinet
Visibly check all signal -mounted signs and advance warning signs/heacons for deterioration,
proper mounting, alignment and operation;
Verify that all pullbox covers, hand hole covers, etc. are secured and not damaged or missing.
Check all detector loops for sealant deterioration, exposed wire, etc.
Record any problems or irregularities and take corrective action as soon as possible, for
contractor provided services.
Visibly check pullboxes for evidence of ants and gophers. Report any positive findings.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
LAMPS AND LIGHTING:
When a vehicle or pedestrian indication is found to be out and the lamp and module is damaged,
defective or past its useful life, the lamps/module shall be replaced without charge for labor or
equipment using Dialight LED Ball Signal Modules (8 inch and 12 inch) and shall be fully
compliant to the ITE VTCSH LED Circular Supplement specifications dated and adopted June
27, 2005. All Countdown Pedestrian Signals shall be replaced when needed with Dialight
(16x18), part number 430-6479-00IX.
Contractor shall replace internally Illuminated Street Name Sign lamps as they become dim or
inoperative. ISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements
of ANSI STD. C78. The Contractor shall during the 1st of this month clean and polish all lenses
and reflectors including illuminated street name signs and safety lights. The contractor shall
replace burned out lamps as they occur under extra work charges.
ANNUAL CONFLICT MONITOR TESTING:
Replace conflict monitor's (CMU's, MMU's) with a spare unit and submit the monitors for
testing and certification. It is suggested that ten (10) monitors be replaced and the originals be
submitted for testing and certification on a rotating basis over 11 months. Printed certification is
to be provided for each conflict monitor/malfunction management unit. The contractor will have
available 6 spare MMU's and 4 spare CMU's for rotation use in testing. Testing of conflict
monitors shall be included in price proposal for routine maintenance.
PAINTING:
Contractor shall repaint all metal standards, signal: heads, back plates, visors, and controller
housing (if already painted) on an annual basis, unless directed otherwise by the City. Repainting
shall be completed in March each year and shall be conducted by spray painting methods. Colors
as specified by the City. For those controller cabinets that have metal finishes, the Contractor
shall wipe clean controller with detergent and shall apply clear protective coating. Detergent and
coating per manufacturer's requirements.
ROUTINE EMERGENCY SERVICES:
The Contractor shall maintain a twenty-four (24) hour per day emergency service for the
replacement of burned -out signal and safety lamps, adjustment of turned heads, repair of
controller malfunctions or any damage creating a public hazard. The Contractor shall repair
parts, replace parts and lamps, and otherwise keep the traffic signals in good working condition.
This telephone number is to be made available to all persons designated by the City.
The Contractor shall make immediate service calls on an emergency basis, responding within
two (2) hours in the event of malfunctions of the controller or signal system or turned head. The
replacement of burned -out signal lamps, internally illuminated street name sign lamps, or safety
lights need not be on an emergency basis provided that there are at least two (2) indications still
operative for each direction of travel. Such replacements shall be handled as soon as possible but
in no case more than 48 hours.
All labor, materials, equipment, travel, and parts for routine emergency service shall be included
in the routine maintenance proposal price per signalized intersection per month, and no
additional compensation will be allowed.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
II. EXTRAORDINARY MAINTENANCE
Definitions: Extraordinary maintenance shall consist of but not be limited to the following:
Repair or replacement of failed or malfunctioning parts of the signal system if caused by vehicle
collision, vandalism, civil disorder, windstorm, natural disasters, street construction, or
excavation.
Minor upgrading or installations as directed by the City.
Replacement of detector loops including saw cut lead-ins as required.
Replacement of pedestrian indications.
Identification of underground signal equipment as the Underground Service Alert (USA)
representative for the city.
Installation of complete new pedestrian heads.
Installation or replacement of pedestrian push buttons.
Installation of new traffic signal heads.
Installation' of Light Emitting Diodes ( LED's) as directed by the City representative.
Notification. The Contractor shall contact the Public Works Director or his representative
regarding any extraordinary maintenance work except emergency repairs and seek his/her prior
approval in writing before the work is scheduled. The Contractor shall notify the City
representative by telephone at least twenty-four (24) hours in advance before any work is
commenced, except in emergencies where injury or property damage may result without.prompt
response.
Emergencies. The contractor shall respond immediately to emergency calls such as a total
blackout, when directed by the City, and dispatch the qualified personnel and equipment to reach
the site within two (2) hours under normal circumstances.
For the emergency repair of a signal, which is totally blacked out, the following procedure of
traffic control shall apply:
The Contractor shall dispatch qualified personnel and equipment to reach the site within two (2)
hours under normal conditions. The Contractor's vehicles shall cant' traffic cones, flashing arrow
boards, traffic warning signs, etc., which shall be used when directing traffic during an
emergency and/or when deemed necessary by the signal technician, the City Engineer or his
representative.
If no police officer is present and temporary stop signs have been set up when the contractor
arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed
necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor
shall set the intersection in flash, remove all of the temporary traffic control devices and place
those devices owned by the City off to. the side of the road and then switch the intersection back
to normal operation.
If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly
examine the signal, evaluate the situation and discuss it with the police officer. If the repair will
take only a few minutes, the police officer may stay to continue to direct traffic while the
contractor repairs the signal. If the repair will take longer than the officer can wait, the
Contractor shall immediately set up necessary traffic control devices and other necessary
warning devices and relieve the police officer.
Method or Payment. Upon receipt of an itemized invoice within thirty (30) days of completion of
the work, City shall compensate Contractor for such repairs required beyond the scope of routine
maintenance as follows:
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
Materials: The city shall pay the Contractor for materials used in extraordinary maintenance at
the Contractor's cost from the supplier plus the percentage markup specified in this agreement
NOT TO EXCEED 20%. All materials and parts shall be new or have the approval of the City
Engineer, if otherwise. The City has the right to inspect the Contractor's records to verify any
material costs used in extraordinary maintenance.
Direct Labor. The Contractor shall present with their monthly invoice a record of hours spent in
extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay
the Contractor for such hours of extraordinary maintenance at the rates specified in this
agreement. Said hourly rates shall be the total cost to the City. Rates shall include all
compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or
on behalf of workmen for health and welfare, insurance worker's compensation, pension,
vacation, sick leave or any local, State, Federal or union tax or assessment.
Equipment: The City shall pay Contractor for equipment used in extraordinary maintenance on
a per trip basis as specified in this agreement. The listing of per trip equipment rates shall
constitute total rates to be paid by City when specified equipment is used. No additional
payments of any kind shall be paid for equipment except as specified in this agreement of per
trip rates as stated. No additional compensation shall be paid for transporting the equipment to or
from the job site.
III. GENERAL MISCELLANEOUS
The contractor shall maintain a record of all service calls and work performed upon the signal
equipment, listing dates, hour of day and description of service work performed. A copy of such
record shall be maintained at all times within the controller cabinet at each signal location.
A log sheet giving a brief description of all routine and extraordinary maintenance activities shall
be attached to each monthly invoice.
A monthly report of activities for each intersection's events, sorted by time, is to be included in
the reports requested by the City. This is to be accompanied by a report of all activities sorted by
time as well.
NOTIFICATION
The Contractor shall notify by telephone, the Public Works Director or his authorized
representative, within 24 hours of the alteration of the operation of any signal or the installation
or removal of any substitute controller or component.
SHUTDOWNS
The Contractor shall notify the Vernon Police Department and the Public Works Director or his
authorized representative of any signal tum-offs or turn-ons necessitated by his operations and
shall not make said turn-offs or turn-ons until a police officer is present or unless given
permission to proceed without police control by the City Engineer or his authorized
representative.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
COMPENSATION FOR ROUTINE MAINTENANCE
The City will compensate Contractor at the agreed price per signalized intersection or per
flashing beacon per month. Said compensation shall include all services rendered, labor,
materials, equipment, overhead and profit. The Contractor shall perform said Monthly
Maintenance during the first 7-working days of each month. Delays due to Contractor are subject
to liquidated damages as specified in the specifications.
ADDITIONS TO SYSTEM
The Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant
devices as they are installed, or become a part of the maintenance requirements of the City. In
the event that notification is made of a new installation at the together than the beginning of a
monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor
is notified.
TYPES OF SIGNALS
The agreed upon prices for both routine and extraordinary maintenance shall apply to all types of
signal controllers, accessories and systems as may exist in the City now or that may be installed
during the life of the contract.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
ATTACHMENT "D"
LINE ITEM 1: Routine Maintenance
Unit Price
Description Quantity per Month
per Intersection
Routine Maintenance Contract 41 Intersections
(12 month contract)
% of Consumer Price Index (CPI) increase each year: %
Total
Price Per
Month
LINE ITEM 2: Extraordinary Maintenance
A. Materials:
A detailed schedule of costs (Suppliers Invoice Cost) shall be provided by Contractor.
Contractor's cost from supplier plus (+)
B. Labor:
Contractor's rates (with markup, overhead, etc.) for the following job classifications:
Description
Regular HourIv Rate Overtime Hourly
1.
Signal Maintenance Superintendent
$
Per Hour
$
Per Hour
2.
Engineering Technician
$
Per Hour
$
Per Hour
3. Signal Technician
4. Utility Technician
5. L ab Technician
6. Laborer
$ Per Hour
$ Per Hour
$ Per Hour
$ Per Hour
$
Per Hour
$
Per Hour
$
Per Hour
$
Per Hour
C. Equipment:
The following costs shall be paid by City when specified equipment is used for
extraordinary maintenance:.
Description
I. Hydraulic Service Bucket Truck
2. Hydraulic Boom Truck
Cost
$ Per Hour
$ Per Hour
3. Compressor with Tools $ Per Hour
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
4. Concrete Saw/Water Truck $ Per Hour
5. Pickup Truck
$ Per Hour
Any equipment not specified above will be at Industry Market Rate.
Response Time
Response time to a signal problem report:
• Maximum Response Time: Minutes
• Minimum Response Time: Minutes
ATTACHMENT "E"
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement. Date:
Termination Date:
Consideration:
Records Retention Period
COVER PAGE
[insert name of contractor]
[insert name, title]
[insert name of contractor]
[insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
Facsimile: [insert fax number]
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth,
City Administrator
Telephone: (323) 583-8811 ext. 398
Facsimile: (323) 826-1408
[insert commencement date]
[insert termination date], unless extended
pursuant to Section 1
Total not to exceed $[insert amount]
(includes all applicable sales tax); and more
particularly described in Exhibit B
[insert number of years contractor must
retain records]
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
THIS AGREEMENT is made and entered into as of ("Effective Date"), by and
between the City of Vernon, a California charter City and California municipal corporation
("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor'). City and
Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to have certain [brief description of services] services provided as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit
A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion.
(b) . In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its officers,
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officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Comoensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section 5. Responsible Princioals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City. .
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic terminatidn of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status: Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
5
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
G7
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement worker$ compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Pollution Liability Insurance,
with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single
limit, and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(f) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall,prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an endorsement
naming the City, its officers, officials, employees, agents, and volunteers as additional insured's.
All of the policies required under this Agreement shall contain an endorsement providing that
the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City,
and specifically stating that the coverage contained in the, policies affords insurance pursuant to
the terms and conditions as set forth in this Agreement.
0) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
7
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(k) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the.
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as 'the Green Book') including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications:' The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 22. Enforcement of Wace and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay.
Waoes. The Contractor and any Subcontractor employees as to time
spent working on this City service contract, shall be paid in accordance with the State of
California's Prevailing Wages or the City's Living Wage Ordinance minimum wage provisions,
whichever is greater. In addition, employees shall be given time off in accordance with the
City's Living Wage Ordinance. The Current Living Wage Standards are set forth in Exhibit D.
Upon request certified payroll information shall be provided to the City.
Section 23. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all permits and licenses required by federal, state or local law, rule or
regulation. Costs for obtaining City permits required under this Agreement will be waived. All
requirements for obtaining permits (including City permits) remain in effect and are not waived;
only the costs of City permits are waived.
Section 25. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 26. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this
Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior
Court of California, Los Angeles County.
0
Section 28. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 29. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 30. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understajidings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 31. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 32. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 34. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City' or "Notice Information — Vendor,' as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 35. Cover Pape and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
10
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 36. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 37. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 38. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 39. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
11
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
Hilario Gonzales
Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy City Attorney
[CONTRACTOR'S NAME, a [State
incorporated in] corporation
By:
Name:
Title:
By:
Name:
Title:
12
EXHIBIT A
SCOPE OF SERVICES
13
EXHIBIT B
FEES
[Example (Delete and replace actual terms)]
[Contractor shall be paid $[insert flat amount] to perform all Services described in Exhibit A.]
[Contractor shall invoice City [FREQUENCY] for Services provided under this Agreement.]
[Example (Delete and replace with actual terms)]
Other sample language
Contractor shall perform the services described in the proposal dated May 17, 2011, a copy of
which is attached hereto and incorporated by referenced as attached.
Contractor shall invoice City within thirty (30) days after performing the work for Services
provided under this Agreement.
Invoices shall include the period for which the Services were provided, the dates of such
Services, and a description of the Services provided for that billing period Each invoice shall
include copies of timesheets, if any, and other supporting documents as City may require.
Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoice. Any amounts in
dispute shall be withheld until resolution.
14
MA:u-rtol
lipsM-M CM6101:4V
15
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Livina Waaes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity at the employee's request, and an additional ten days a
year of uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service Gontragtxor ff7afjn(el
assistance:Agre2ment of violating employers.
16
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 17, 2011
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2011-492 —A Resolution of the City Council of the City of Vernon
Authorizing the Issuance of a Request for Proposals for Citywide Traffic Signal
Maintenance
Transmitted herewith is a copy of Resolution No. 2011-192 referenced above, which was approved by
City Council on November 15, 2011.
Thank you.
=4
Attachment
c: Resolution No. 2011-192
RECEIVED
NOV 0 7 2011
CITY CLERK'S OFFICE
RECEIVED
NOV 0 3 2011
CITY ADMINISTRATION
STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: November 2, 2011i
TO: Honorable Mayor and City Council
4
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: Traffic Signal Maintenance Contract — Request For Proposal (RFP)
The City's current contract with Republic ITS will expire on January 31, 2012. Republic ITS
performs traffic signal maintenance and repairs for the City. City Staff is requesting authorization to seek
proposals for the subject work.
Currently, the City of Vernon maintains 41 signalized intersections. The City is seeking
the services of a Traffic Signal Maintenance and Repair firm, which can assist the City in
maintaining and repairing its traffic signal system. The contractor will be evaluated on the
experience of its personnel, track record and established procedures for performing signal
maintenance and repair tasks. The total amount of work performed will be a function of the
amount of work that is required due to collision damage, vandalism and the number of traffic
signals in service that require routine maintenance.
The contractor will be required to provide ongoing and regular field preventative
maintenance and repair of traffic signal equipment, and other related equipment by duly trained
and qualified personnel. In addition, the contractor will be required to provide Emergency
Service response for any knock down or malfunction of the City's traffic signals on a 24-hour a
day, 7 days per week basis, including all holidays.
Attached herewith is a request for proposals for the subject work. City Staff requests City
Council authorization to seek proposals for the traffic signal maintenance work.
SKW/vr
Enclosure
coo
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
A-6
TO: Mark Whitworth, City Administrator
4.)
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: November 2, 2011
SUBJECT: Traffic Signal Maintenance Contract — Request For Proposal (RFP)
The City's current contract with Republic ITS will expire on January 31, 2012. Republic ITS
performs traffic signal maintenance and repairs for the City. City Staff is requesting authorization to
seek proposals for the subject work.
Currently, the City of Vernon maintains 41 signalized intersections. The City is seeking the
services of a Traffic Signal Maintenance and Repair firm, which can assist the City in maintaining and
repairing its traffic signal system. The contractor will be evaluated on the experience of its personnel,
track record and established procedures for performing signal maintenance and repair tasks. The total
amount of work performed will be a function of the amount of work that is required due to collision
damage, vandalism and the number of traffic signals in service that require routine maintenance.
The contractor will be required to provide ongoing and regular field preventative maintenance
and repair of traffic signal equipment, and other related equipment by duly trained and qualified
personnel. In addition, the contractor will be required to provide Emergency Service response for any
knock down or malfunction of the City's traffic signals on a 24-hour a day, 7 days per week basis,
including all holidays.
Attached herewith is a request for proposals for the subject work. City Staff requests City
Council authorization to seek proposals for the traffic signal maintenance work,
SKW/w
Enclosures
CITY OF VERNON
REQUEST FOR PROPOSAL
CITYWIDE TRAFFIC SIGNAL MAINTENANCE
NOVEMBER 2011
4305 Santa Fe Avenue, Vernon, CA 90058 PHONE: (323) 583-8811
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
CITY OF VERNON
REQUEST FOR PROPOSAL
Prospective Contractors:
The City of Vernon (City) requests proposals for the furnishing of all transportation equipment,
materials, supplies and services necessary in order to provide for traffic signal maintenance.
Contact Information:
Questions regarding this Request for Proposal shall be directed to Kevin Wilson, Director
Community Services and Water at (323) 583-8811 Ext. 245. Proposals are to be submitted to
Samuel Kevin Wilson at the following address:
Samuel Kevin Wilson, P.E.
Director of Community Services and Water
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Proposal Closing Date:
Three (3) sets of the contractor's proposal shall be received by the City no later than 2:00 PM,
December 19, 2011. All proposals must be delivered to the above address. Proposals shall be
submitted in a sealed package, clearly marked with: "Traffic Signal Maintenance".
Proposals will become part of the official files of the City of Vernon and cannot be returned.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
CITY OF VERNON
REQUEST FOR PROPOSAL FOR
CITYWIDE TRAFFIC SIGNAL MAINTENANCE
I. Introduction
Currently, the City of Vernon maintains 41 signalized intersections as shown on the attached
map (Attachment "A'). The City of Vernon Community Services and Water Department, is
accepting proposals from firms to provide Traffic Signal Maintenance and Repair Services.
The City is seeking the services of a Traffic Signal Maintenance and Repair firm, which can
assist the City in maintaining and repairing its traffic signal system. A firm with experienced
personnel, a good track record and established procedures for performing signal maintenance and
repair tasks that will be an ideal choice for the City. The total amount of work available will be a
function of the amount of work that is required due to collision damage, vandalism and the
number of traffic signals in service that require routine maintenance.
II. Scone of Work
A. General
The contractor shall provide ongoing and regular field preventative maintenance and
repair of traffic signal equipment, and other related equipment by duly trained and
qualified personnel.
The Contractor shall provide and maintain Emergency Service response of the City's
traffic signals on a 24-hour a day, 7 days per week basis, including all holidays.
The Contractor is encouraged to have a functioning and deployed comprehensive PC,
Web -based, computerized traffic signal maintenance and asset management system.
The Contractor must provide a vehicle for the use of the Contractor's Traffic Signal
Technician which shall be equipped with a permanently mounted arrow board; warning
beacon/strobe lights; traffic cones; construction warning signs; a hydraulic bucket
capable of reaching a height of 28 feet from the roadway surface; necessary computer
laptop for programming, maintenance and testing of traffic signal controllers and various
equipment; and communications equipment for dispatch. In addition, the Contractor's
employee shall be required to have radio communication equipment for dispatch
purposes. At a minimum, this shall be a cellular phone capable of numeric and text
messages with vibration alert. All of the required equipment shall be properly maintained
and functional 24 hours a day, 7 days a week, including holidays.
The Contractor shall ensure that any vehicle used within the boundaries of the city where
lane closures or work within the travel lanes is required shall be equipped with an arrow
board, warning beacons/ strobe lights, the proper quantity and sized cones for a lane
closure, and advance warning signs. All of the Contractor's employees working within
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
the boundaries of the City shall be equipped with a communications device capable of
instant 2-way communications for extended periods of time with the Contractor's shop
and/or with City staff.
The Contractor must possess, and have readily available in functioning order, all required
tools, equipment, apparatus, facilities, and materials need to perform all work necessary
to maintain and repair the traffic signals and equipment shown on Attachment "A" and
listed in Attachment "B" in compliance with current Caltrans and City standards and
specifications.
The Contractor shall furnish temporary replacement traffic signal controllers, conflict
monitors, cabinets for traffic signals and various other standard traffic signal equipment
when necessary. Contractor furnished temporary spares shall be equivalent to the
component being replaced in manufacture, make and model.
The Contractor shall cooperate with the City in recalibrating traffic signal coordination
timing and progression.
The Contractor shall change the timing of any traffic signal only upon the direction or
advance written approval of the City.
During emergency conditions, the Contractor shall assure full cooperation with the City
and those employees of the City as indicated.
The Contractor shall not represent the City in matters of policy or procedures under this
contract, shall not make any reference to City policy or procedures, and shall refer all
questions or inquiries from the public regarding policy and procedures, or terms and
conditions of this contract to the City.
The Contractor shall provide traffic control/lane closures that conform to the Manual on
Uniform Traffic Control Devices (MUTCD).
B. Routine Maintenance
The Contractor shall enact a continuing comprehensive maintenance program designed to
eliminate or reduce any incidence of malfunctions, complaints, and extension of the
useful life of the City's traffic signal equipment. The program shall include at a minimum
the following:
1. Monthly and Annual Preventative Maintenance
The Contractor shall provide monthly preventative maintenance on the signalized
intersections listed in Attachment "C". The Contractor shall complete Monthly
Preventative Maintenance Checks per the list for each maintenance inspection and shall
indicate the minimum work required for each item. The contractor shall maintain a record
of all service calls and work performed upon the signal equipment, listing dates, hour of
day and description of service work performed. A copy of such record shall be
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
maintained at all times within the controller cabinet at each signal location. A log sheet
giving a brief description of all routine and extraordinary maintenance activities shall be
attached to each monthly invoice. A monthly report of activities for each intersection's
events, sorted by time, is to be included in the reports requested by the City. This is to be
accompanied by a report of all activities sorted by time as well. The Contractor is
encouraged to maintain electronic records of the completed checklist form for each
intersection in the Contractor's MMS throughout the term of this contract. The
Contractor is encouraged to make available via a web interface electronic records of the
completed monthly preventative maintenance checks as well as activity reports in real
time.
The Contractor shall maintain two separate logs at each signalized intersection under this
contract. One log shall detail each monthly and preventative maintenance inspection by
the Contractor. The Contractor shall complete at a minimum on this log, the inspection
date, arrival time, departure time, type of inspection, any findings or repairs, and the
Contractor's employee name or ID. The other log shall detail any extraordinary repairs or
service calls for the intersection. This log shall detail the nature of the emergency/service
call, the Contractor's findings, the repair made, Repair Order number, if applicable,
arrival time at the intersection, departure time, and the Contractor's employee name or
ID. All information must be collected and submitted with the monthly invoice.
2. Traffic Signal Control Equipment
The Contractor shall repair, replace or otherwise render in good working order any and
all defective parts of all traffic signal control equipment. Whenever the Contractor
replaces any defective parts on either a temporary and/or permanent basis, the Contractor
shall identify the parts being replaced by manufacture's make and model. Furthermore,
the Contractor shall only use new parts for permanent replacement. Exceptions to this
requirement shall only occur on an individual basis upon advance written approval from
the City.
No permanent changes of traffic signal control devices shall be done without prior
written approval from the City. In addition, any changes shall also be indicated on the
maintenance or repair log within the traffic signal controller cabinet. The Contractor
agrees to notify the City in advance of any planned or scheduled traffic signal turn-offs/
turn-ons only upon prior written approval by the City.
a. New Installations or Deletions
The Contractor shall maintain any new traffic signal equipment and any other
related devices, which are installed for or by the City throughout the term of the
contract. These devices will be deemed to be added to the existing signalized
intersections listed on Attachment `B" when the City notifies the Contractor of
the installation thereof. These added devices, regardless of the complexity and
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
technology shall be maintained in the same manner and for the same flat rate as
those devices already covered by the contract.
Should responsibility for the maintenance of any current or future traffic signal
device cease to be the City's, the City will notify the Contractor in writing of the
last date to perform maintenance.
3. Safety Precautions:
The selected Firm shall take all precautions to ensure the safety of pedestrians, vehicular
traffic, and personnel
III. INSTRUCTIONS AND CONDITIONS
The following instructions and conditions apply to this RFP:
A. General Conditions
1. Right to Reject Proposals
Issuance of this RFP and receipt of proposals does not commit the City to award a
contract. The City reserves the right to reject any or all proposals, to accept any
proposal or portion thereof, to waive any irregularity, and to take the proposals
under advisement for the period of time stated in the "Notice Inviting Proposals",
all as may be required to provide for the best interests of the City of Vernon. In no
event will an award be made until all necessary investigations are made as to the
responsibility and qualifications of the proposer to whom the award is
contemplated.
No proposer may withdraw his proposal for a period of ninety (90) days after the
time set for opening thereof.
2. Proposal Evaluation Criteria
Proposals will be evaluated on the basis of their response to all provisions of this
RFP. The City of Vernon may use some or all of the following criteria in its
evaluation and comparison of proposals submitted. The criteria listed are not
necessarily an all-inclusive list. The order in which they appear is not intended to
indicate their relative importance:
a. Previous experience and demonstration of a record of success on work
previously performed for the City or similar work performed for others.
b. Experience and background of project lead and staff to perform work within
the specified time.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
c. Unit prices for the work
d. Ability to work effectively with City staff, other public agencies and related
parties as directed during the course of the services.
e. Previous history of completing projects within budget and design estimates
and ability to furnish adequate and effective construction supervision.
3. Interpretation of Proposals and Documents
If any person contemplates submission of the proposal for the proposed contract
and is in doubt as to the true meaning of any part of the scope of services, or other
proposed contract documents, or finds discrepancies in, or omissions from the
proposal, he/she may submit to the Community Services and Water Department a
written request for an interpretation or correction thereof. The person submitting
the request will be responsible for its prompt delivery. Any interpretation or
correction of the proposed documents shall be made only by addendum duly
issued and copy of such addendum will be mailed or delivered to each person
receiving a set of such documents. The Community Services and Water
Department will not be responsible for any other explanation or interpretation of
the proposed documents.
B. Proposal Format and Content
Proposals shall be typed and submitted on 8.5" x 11" size paper, using a simple
method of fastening. Proposal shall not include any unnecessary, elaborate or
promotional material. Excessive lengthy narrative is discouraged; presentation shall
be clear and concise.
1. Background and Approach
The Background and Approach Section should describe your understanding of the
City, the work to be done, and the objectives to be accomplished.
2. Methodology(ies)
This section should clearly describe the methodology or methodologies to be used to
carry out the specific work tasks described in the Work Plan.
3. Work Plan
Describe the sequential work tasks planned to carry out in accomplishing this project.
Indicate all key deliverables and their contents.
4. Related Experience
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
Describe recent, directly related experience. Include on each listing the name of the
client; description of the work done; primary client contact, address and telephone
number; dates for the project; name of the Project Director and/or Manager and
members of the proposed project team who worked on the project, as well as their
respective responsibilities. At least five references should be included. The City of
Vernon reserves the right to contact any of the organizations or individuals listed.
5. Cost Data
Indicate the unit and total costs for which you will conduct the project in the Bid
Sheet contained in Attachment "D". The City of Vernon requires compliance with
the State of California's Prevailing Wage requirements. Upon request, certified
payroll shall be provided to the City.
6. Other Information
Include any other information you consider to be relevant to the proposal.
IV. INSURANCE COVERAGE
As part of the proposal, the Firm shall submit a statement verifying the Firm's ability and
commitment to obtain all the necessary insurance requirements. The selected Firm shall
submit the insurance requirements specified below and secure approval by the City. Failure to
provide the insurance requirements will be grounds for rejection of the Firm.
Minimum Insurance Documents Required:
1. Compliance with the insurance schedule
2. Certificate of Insurance from the consultant's insurance agent
3. Copy of the. Declaration Page of the insurance policy
4. Originals of Endorsements
5. Schedule of Forms and Endorsements
V. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City may make changes, amendments,
and addenda to this solicitation, including changing the date due to allow respondents
time to address such changes. Addenda, changes, and amendments, if made, will be
posted on the City's website (www.cityofvernon.org), which is deemed adequate notice.
A proposer may make a request to the City's project coordinator to be placed on a list of
persons to receive notice of any such addenda, changes, or amendments. The preferred
manner of communications is via e-mail due to its timeliness.
VI. FORM OF CONTRACT
The City's standard form of contract shall be used, and includes other provisions not
described here. A standard professional service contract is attached for reference
(Attachment "E"). Please review this very carefully and note in body of response any
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
exceptions or alterations to the agreement. Alterations or Changes to the agreement
which were not in the Consultant Team Is response will not be made after the selection
of the Consultant Team. This includes alterations, exceptions, or changes to the
insurance and indemnity provisions. By requiring these requests up front, the City can
compare all respondents on an equal footing.
VII. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship
between the respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers
qualified as prime contractors, or award a contract to any respondent. The
City reserves the right to amend or cancel this RFP without prior notice, at
any time, at its sole discretion.
C. The City shall not be liable for any expenses incurred by any organization
in connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of
the City shall affect or modify any terms of this RFP. Oral
communications or any written/e-mail materials provided by any person
other than designated contact staff of City shall not be considered binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or
all Proposals without prior notice and to waive any minor irregularities or
defects in a Proposal. The City reserves the right to seek clarification on a
Proposal with any source.
F. Respondents shall not issue any news release pertaining to this RFP, or the
City without prior written approval of the City.
G. All submitted proposals and information included therein or attached
thereto shall become public record upon delivery to. the Community
Services Department.
VIII. RIGHT BY CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
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ATTACHMENT "B"
VERNON SIGNALIZED INTERSECTIONS
1. 26' STREET @ BONNIE BEACH PLACE
2. 37TH STREET @ SEVILLE AVENUE
3. ALCOA AVENUE @ FRUITLAND AVENUE
4. ALCOA AVENUE @ LEONIS BOULEVARD
5. ATLANTIC BOULEVARD @ 3030 ATLANTIC
6. ATLANTIC BOULEVARD @ BANDINI BOULEVARD
7. ATLANTIC BOULEVARD @ DISTRICT BOULEVARD
8. BANDINI BOULEVARD @ I-710 OFF -RAMP
9. BANDINI BOULEVARD @ BONNIE BEACH PLACE
10. BANDINI BOULEVARD @ PENNINGTON WAY
11. BANDINI BOULEVARD @ SIERRA PINE AVENUE
12. BANDINI BOULEVARD @ SUNOL/AYERS
13. BOYLE AVENUE @ FRUITLAND AVENUE
14. BOYLE AVENUE @ LEONIS BOULEVARD
15. BOYLE AVENUE @ RANDOLPH STREET
16. DISTRICT BOULEVARD @ LOMA VISTA AVENUE
17. DOWNEY ROAD @ DISTRICT/LEONIS BOULEVARD
18. DOWNEY ROAD @ FRUITLAND AVENUE
19. DOWNEY ROAD @ VERNON AVENUE
20. PACIFIC BOULEVARD @ FRUITLAND AVENUE
21. PACIFIC BOULEVARD @ LEONIS BOULEVARD
22. SANTA FE AVENUE @ 25TH/26TH STREET
23. SANTA FE AVENUE @ 27TH STREET
24. SANTA FE AVENUE @ 28TH STREET
25. SANTA FE AVENUE @ 37TH STREET
26. SANTA FE AVENUE @ 38TH STREET
27. SANTA FE AVENUE @ VERNON AVENUE
28. SANTA FE AVENUE @ PACIFIC BOULEVARD/VERNON AVENUE
29. SANTA FE AVENUE @ 48TH STREET
30. SANTA FE AVENUE @ FRUITLAND AVENUE/51ST STREET
31. SANTA FE AVENUE @ 55TH STREET
32. SLAUSON AVENUE @ ALCOA AVENUE
33. SLAUSON AVENUE @ BOYLE AVENUE
34. SOTO STREET @ 26TH STREET
35. SOTO STREET @ FIRE STATION #3
36. SOTO STREET @ 37TH STREETBANDINI BOULEVARD
37. SOTO STREET @ FARMER JOHN DRIVEWAY
38. SOTO STREET @ FRUITLAND AVENUE
39. SOTO STREET @ LEONIS BOULEVARD
40. SOTO STREET @ VERNON AVENUE
41. WASHINGTON BOULEVARD @ HOBART YARD DRIVEWAY
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
ATTACHMENT "C"
I. ROUTINE MONTHLY MAINTENANCE
GENERAL:
It is the intent of the City of Vernon that the City's 41 traffic signals are maintained so as to
provide the motoring public with a minimum of inconvenience caused by the failure of any
signal components, and to present, -a well -kept signal installation.
All traffic signal work: shal I be performed in accordance with the current Standard Plans and
Section 86. "Signals, Lighting, and Electrical Systems" of the Standard Specifications for the
State of California, Department of Transportation and the current City Standard Traffic Details.
This maintenance shall be extended to include future signal installations at the proposed unit
prices.
The following is a list of tasks to be completed for each intersection on a monthly basis.
CONTROLLER CABINET:
CONTROLLER CABINET MOUNTING:
Check the snugness of the nuts on the cabinet anchor bolts, tighten, if necessary, being sure not
to distort the cabinet door opening by over tightening.
CONTROLLER CABINET FOUNDATION SEAL:
If standing water or evidence of water is present inside the bottom of the cabinet, check the seal
between the bottom of the cabinet and the foundation for deterioration; report the need for a
reseal, as necessary.
DOOR GASKETS:
Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for
evidence of moisture or deterioration. Report the need to completely replace any gaskets
showing signs of leaking or deterioration.
CABINET VENTS:
Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure
that they are free of any foreign material.
AIR FILTER:
Vacuum or knock the dust out of filters. Filters shall be changed every 6 months unless damaged.
For any permanent filters, vacuum, wash or knock the dust out of the filter. Permanent filters
require no replacing unless damaged.
CABINET FAN:
Verify that the cabinet fan operates properly with a minimum of noise.
THERMOSTAT:
Verify that the cabinet fan thermostat is set at 100 degrees.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
INTERIOR LIGHT:
Verify the proper operation of the cabinet's interior light. If a manual light is installed, check for
proper operation.
DOOR PANEL HARNESSES:
Check the harnesses leading from the main panel to the police and auxiliary panels on the cabinet
door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if
necessary.
HINGES AND LOCKS:
Check for free movement of all doors, latching assemblies and locks on the controller cabinet,
service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove
any excess. City will specify the oil for this purpose which does not attract dirt or leave residue.
VACUUM CABINET:
Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior
of the cabinet, including the police panel.
INSECT INFESTATION:
Check for any signs of ants, wasps or other insects within the cabinet and report any positive
findings for the City to take the necessary steps for extermination and prevention,
CABINET GROUNDING:
Using appropriate equipment, check during the 1 st month of the contract and then annually the
resistance between AC and Ground.
SERVICE CONNECTIONS:
Verify that the neutral, ground and power connections are secure in the controller and service
cabinets.
PLUG-IN COMPONENTS:
Check that each plug-in component Crack mount detectors, relays, load switches, etc.) fits tightly
and securely.
TERMINAL CONNECTIONS:
Test during the 191 month of this contract and then semi-annually or following any wiring
repair, each terminal screw by backing off slightly then retightening to confirm that it is secure.
GROUND FAULT RECEPTACLE:
Verify the proper operation of"Test" and "Reset" buttons on GFI type outlets.
INTERSECTION RECORDS:
Ensure that all intersection cabinet wiring diagrams are present Notify City representative if
updates are required. Note all work, routine and extraordinary, in the log in the cabinet as to the
reason for the call/work and results or work accomplished by date and time.
CONTROLLER OPERATION:
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or
the controller key pad, to verify controller servicing of each active phase. Check controller logs
for any faults that may have occurred and take notes for the file.
CONFLICT MONITORIMALFUNCTION MANAGEMENT UNIT:
Verify time and dates are correct in any CMU/MMU with an internal clock and for proper
operation of the unit.
DETECTOR OPERATION:
Verify the detection zones for each detector by observing the turn -on of the appropriate detector
indicator as a vehicle passes over the detector loop(s) or detection zone. Check also that a call is
placed on the correct controller phase. Verify detection zone vertically above loops whenever a
problem has occurred.
EQUIPMENT DISPLAYS AND INDICATORS:
Verify that all video, LED and LCD displays and indications on all cabinet equipment are
working properly.
SYSTEM TELEMETRY:
Check operation of telemetry on controller display and modem, if equipped, located in the
cabinet. Report any malfunction immediately.
INTERSECTION WALK -AROUND:
GENERAL:
Remove any easily removed, unauthorized signs and posters and report all graffiti existing on
signal poles or equipment.
SIGNAL HEADS:
Verify that all vehicle and pedestrian signal heads properly display all indications and the signals
are not damaged. Verify the alignment of all heads to the intended direction. Also verify that all
backplates, visors and doors are visibly secure.
PEDESTRIAN EQUIPMENT:
Check all pedestrian push buttons and signals by band to ensure that they are securely mounted
and operating properly. Contractor will maintain a supply of ADA push buttons, as these are to
be repaired immediately on discovery and reported to City staff.
MISCELLANEOUS:
Check operation of safety lighting using the manual test switch located in the service cabinet
Visibly check all signal -mounted signs and advance warning signs/beacons for deterioration,
proper mounting, alignment and operation;
Verify that all pullbox covers, hand hole covers, etc. are secured and not damaged or missing.
Check all detector loops for sealant deterioration, exposed wire, etc.
Record any problems or irregularities and take corrective action as soon as possible, for
contractor provided services.
Visibly check pullboxes for evidence of ants and gophers. Report any positive findings.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
LAMPS AND LIGHTING:
When a vehicle or pedestrian indication is found to be out and the lamp and module is damaged,
defective or past its useful life, the lamps/module shall be replaced without charge for labor or
equipment using Dialight LED Ball Signal Modules (8 inch and 12 inch) and shall be fully
compliant to the ITE VTCSH LED Circular Supplement specifications dated and adopted June
27, 2005. All Countdown Pedestrian Signals shall be replaced when needed with Dialight
(I6xl8), part number 430-6479-001X.
Contractor shall replace internally Illuminated Street Name Sign lamps as they become dim or
inoperative. ISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements
of ANSI STD. C78. The Contractor shall during the 1 st of this month clean and polish all lenses
and reflectors including illuminated street name signs and safety lights. The contractor shall
replace burned out lamps as they occur under extra work charges.
ANNUAL CONFLICT MONITOR TESTING:
Replace conflict monitor's (CMU's, MMU's) with a spare unit and submit the monitors for
testing and certification. It is suggested that ten (10) monitors be replaced and the originals be
submitted for testing and certification on a rotating basis over 11 months. Printed certification is
to be provided for each conflict monitor/malfunction management unit. The contractor will have
available 6 spare MMU's and 4 spare CMU's for rotation use in testing. Testing of conflict
monitors shall be included in price proposal for routine maintenance.
PAINTING:
Contractor shall repaint all metal standards, signal heads, back plates, visors, and controller
housing (if already painted) on an annual basis, unless directed otherwise by the City. Repainting
shall be completed in March each year and shall be conducted by spray painting methods. Colors
as specified by the City. For those controller cabinets that have metal finishes, the Contractor
shall wipe clean controller with detergent and shall apply clear protective coating. Detergent and
coating per manufacturer's requirements.
ROUTINE EMERGENCY SERVICES:
The Contractor shall maintain a twenty-four (24) hour per day emergency service for the
replacement of burned -out signal and safety lamps, adjustment of turned heads, repair of
controller malfunctions or any damage creating a public hazard. The Contractor shall repair
parts, replace parts and lamps, and otherwise keep the traffic signals in good working condition.
This telephone number is to be made available to all persons designated by the City.
The Contractor shall make immediate service calls on an emergency basis, responding within
two (2) hours in the event of malfunctions of the controller or signal system or turned head. The
replacement of burned -out signal lamps, internally illuminated street name sign lamps, or safety
lights need not be on an emergency basis provided that there are at least two (2) indications still
operative for each direction of travel. Such replacements shall be handled as soon as possible but
in no case more than 48 hours.
All labor, materials, equipment, travel, and parts for routine emergency service shall be included
in the routine maintenance proposal price per signalized intersection per month, and no
additional compensation will be allowed.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
II. EXTRAORDINARY MAINTENANCE
Definitions: Extraordinary maintenance shall consist of but not be limited to the following:
Repair or replacement of failed or malfunctioning parts of the signal system if caused by vehicle
collision, vandalism, civil disorder, windstorm, natural disasters, street construction, or
excavation.
Minor upgrading or installations as directed by the City.
Replacement of detector loops including saw cut lead-ins as required.
Replacement of pedestrian indications.
Identification of underground signal equipment as the Underground Service Alert (USA)
representative for the city.
Installation of complete new pedestrian heads.
Installation or replacement of pedestrian push buttons.
Installation of new traffic signal heads.
Installationof Light Emitting Diodes ( LED's) as directed by the City representative.
Notification. The Contractor shall contact the Public Works Director or his representative
regarding any extraordinary maintenance work except emergency repairs and seek his/her prior
approval in writing before the work is scheduled. The Contractor shall notify the City -
representative by telephone at least twenty-four (24) hours in advance before any work is
commenced, except in emergencies where injury or property damage may result without.prompt
response.
Emergencies. The contractor shall respond immediately to emergency calls such as a total
blackout, when directed by the City, and dispatch the qualified personnel and equipment to reach
the site within two (2) hours under normal circumstances.
For the emergency repair of a signal, which is totally blacked out, the following procedure of
traffic control shall apply:
The Contractor shall dispatch qualified personnel and equipment to reach the site within two (2)
hours under normal conditions. The Contractor's vehicles shall cant' traffic cones, flashing arrow
boards, traffic warning signs, etc., which shall be used when directing traffic during an
emergency and/or when deemed necessary by the signal technician, the City Engineer or his
representative.
If no police officer is present and temporary stop signs have been set up when the contractor
arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed
necessary, and proceed to repair the signal After the signal is back in operation, the Contractor
shall set the intersection in flash, remove all of the temporary traffic control devices and place
those devices owned by the City off to, the side of the road and then switch the intersection back
to normal operation.
If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly
examine the signal, evaluate the situation and discuss it with the police officer. If the repair will
take only a few minutes, the police officer may stay to continue to direct traffic while the
contractor repairs the signal. If the repair will take longer than the officer can wait, the
Contractor shall immediately set up necessary traffic control devices and other necessary
warning devices and relieve the police officer.
Method or Payment. Upon receipt of an itemized invoice within thirty (30) days of completion of
the work, City shall compensate Contractor for such repairs required beyond the scope of routine
maintenance as follows:
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
Materials: The city shall pay the Contractor for materials used in extraordinary maintenance at
the Contractor's cost from the supplier plus the percentage markup specified in this agreement
NOT TO EXCEED 20%. All materials and parts shall be new or have the approval of the City
Engineer, if otherwise. The City has the right to inspect the Contractor's records to verify any
material costs used in extraordinary maintenance.
Direct Labor. The Contractor shall present with their monthly invoice a record of hours spent in
extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay
the Contractor for such hours of extraordinary maintenance at the rates specified in this
agreement. Said hourly rates shall be the total cost to the City. Rates shall include all
compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or
on behalf of workmen for health and welfare, insurance worker's compensation, pension,
vacation, sick leave or any local, State, Federal or union tax or assessment.
Equipment: The City shall pay Contractor for equipment used in extraordinary maintenance on
a per trip basis as specified in this agreement. The listing of per trip equipment rates shall
constitute total rates to be paid by City when specified equipment is used. No additional
payments of any kind shall be paid for equipment except as specified in this agreement of per
trip rates as stated. No additional compensation shall be paid for transporting the equipment to or
from the job site.
III. GENERAL MISCELLANEOUS
RECORDS
The contractor shall maintain a record of all service calls and work performed upon the signal
equipment, listing dates, hour of day and description of service work performed. A copy of such
record shall be maintained at all times within the controller cabinet at each signal location.
A log sheet giving a brief description of all routine and extraordinary maintenance activities shall
be attached to each monthly invoice.
A monthly report of activities for each intersection's events, sorted by time, is to be included in
the reports requested by the City. This is to be accompanied by a report of all activities sorted by
time as well.
NOTIFICATION
The Contractor shall notify by telephone, the Public Works Director or his authorized
representative, within 24 hours of the alteration of the operation of any signal or the installation
or removal of any substitute controller or component.
SHUTDOWNS
The Contractor shall notify the Vernon Police Department and the Public Works Director or his
authorized representative of any signal turn-offs or turn-ons necessitated by his operations and
shall not make said turn-offs or turn-ons until a police officer is present or unless given
permission to proceed without police control by the City Engineer or his authorized
representative.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
COMPENSATION FOR ROUTINE MAINTENANCE
The City will compensate Contractor at the agreed price per signalized intersection or per
flashing beacon per month. Said compensation shall include all services rendered, labor,
materials, equipment, overhead and profit. The Contractor shall perform said Monthly
Maintenance during the first 7-working days of each month. Delays due to Contractor are subject
to liquidated damages as specified in the specifications.
ADDITIONS TO SYSTEM
The Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant
devices as they are installed, or become a part of the maintenance requirements of the City. In
the event that notification is made of a new installation at the together than the beginning of a
monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor
is notified.
TYPES OF SIGNALS
The agreed upon prices for both routine and extraordinary maintenance shall apply to all types of
signal controllers, accessories and systems as may exist in the City now or that may be installed
during the life of the contract.
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
ATTACHMENT "D"
LINE ITEM 1: Routine Maintenance
Unit Price
Description Quantity per Month
per Intersection
Routine Maintenance Contract 41 Intersections
(12 month contract)
% of Consumer Price Index (CPI) increase each year: %
Total
Price Per
Month
LINE ITEM 2: Extraordinary Maintenance
A. Materials:
A detailed schedule of costs (Suppliers Invoice Cost) shall be provided by Contractor.
Contractor's cost from supplier plus (+)
B. Labor:
Contractor's rates (with markup, overhead, etc.) for the following job classifications:
Description
1. Signal Maintenance Superintendent
2. Engineering Technician
3. Signal Technician
4. Utility Technician
5. L ab Technician
6. Laborer
1
Regular Hourly
$ Per Hour
$
Per Hour
$
Per Hour
$
Per Hour
$ Per Hour
Overtime Hourly Rate
$ Per Hour
$ Per Hour
$ Per Hour
$ Per Hour
$ Per Hour
$ Per Hour $ Per Hour
C. Equipment:
The following costs shall be paid by City when specified equipment is used for
extraordinary maintenance:
Description Cost
Hydraulic Service Bucket Truck $ Per Hour
2. Hydraulic Boom Truck
$ Per Hour
3. Compressor with Tools $ Per Hour
CITY OF VERNON RFP — CITYWIDE TRAFFIC SIGNAL MAINTENANCE
4. Concrete Saw/Water Truck $ Per Hour
5. Pickup Truck $ Per Hour
Any equipment not specified above will be at Industry Market Rate.
Response Time
Response time to a signal problem report:
• Maximum Response Time: Minutes
• Minimum Response Time: Minutes
ATTACHMENT "E"
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
COVER PAGE
[insert name of contractor]
[insert name, title]
[insert name of contractor]
[insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
Facsimile: [insert fax number]
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth,
City Administrator
Telephone: (323) 583-8811 ext. 398
Facsimile: (323) 826-1408
[insert commencement date]
[insert termination date], unless extended
pursuant to Section 1
Total not to exceed $[insert amount]
(includes all applicable sales tax); and more
particularly described in Exhibit B
[insert number of years contractor must
retain records]
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
THIS AGREEMENT is made and entered into as of ("Effective Date"), by and
between the City of Vernon, a California charter City and California municipal corporation
("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor'). City and
Contractor are collectively referred to herein as the "Parties"
RECITALS
A. City desires to have certain [brief description of services] services provided as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit
A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its officers,
2
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
11
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status: Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
5
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
M
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(e) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Pollution Liability Insurance,
with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single
limit, and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(f) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Bes('s Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an endorsement
naming the City, its officers, officials, employees, agents, and volunteers as additional insured's.
All of the policies required under this Agreement shall contain an endorsement providing that
the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City,
and specifically stating that the coverage contained in the policies affords insurance pursuant to
the terms and conditions as set forth in this Agreement.
0) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
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employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(k) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications" The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified In Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
Wages. The Contractor and any Subcontractor employees as to time
spent working on this City service contract, shall be paid in accordance with the State of
California's Prevailing Wages or the City's Living Wage Ordinance minimum wage provisions,
whichever is greater. In addition, employees shall be given time off in accordance with the
City's Living Wage Ordinance. The Current Living Wage Standards are set forth in Exhibit D.
Upon request certified payroll information shall be provided to the City.
Section 23. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all permits and licenses required by federal, state or local law, rule or
regulation. Costs for obtaining City permits required under this Agreement will be waived. All
requirements for obtaining permits (including City permits) remain in effect and are not waived;
only the costs of City permits are waived.
Section 25. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 26. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this
Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior
Court of California, Los Angeles County.
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Section 28. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 29. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 30. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 31. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 32. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 34. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City' or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 35. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
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material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 36. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 37. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 38. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 39. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
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IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
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Hilario Gonzales
Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy City Attorney
[CONTRACTOR'S NAME, a [State
incorporated in] corporation
By:
Name:
Title:
By:
Name:
Title:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT B
FEES
[Example (Delete and replace actual terms)]
[Contractor shall be paid $[insert flat amount] to perform all Services described in Exhibit A.]
[Contractor shall invoice City [FREQUENCY] for Services provided under this Agreement.]
[Example (Delete and replace with actual terms)]
Other sample language
Contractor shall perform the services described in the proposal dated May 17, 2011, a copy of
which is attached hereto and incorporated by referenced as attached.
Contractor shall invoice City within thirty (30) days after performing the work for Services
provided under this Agreement.
Invoices shall include the period for which the Services were provided, the dates of such
Services, and a description of the Services provided for that billing period. Each invoice shall
include copies of timesheets, if any, and other supporting documents as City may require.
Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoice. Any amounts in
dispute shall be withheld until resolution.
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EXHIBIT C
CHANGE ORDER
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EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Livina Waaes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity at the employee's request, and an additional ten days a
year of uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees,.or to compel City officials to terminate the service contract or,financial
assistance agreement of violating employers.
IT1