HomeMy WebLinkAboutCC AG PKT 2011-05-09 #H AGENDA STAFF REPORT
DATE: May 9, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, Acting City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: APPROVE REQUEST FOR PROPOSALS FOR
TRAFFIC SIGNAL MAINTENANCE SERVICES
SUMMARY OF REQUEST:
The City Council is asked to approve the request for proposals (RFP) for Traffic
Signal Maintenance Services and authorize staff to solicit for proposals.
BACKGROUND AND ANALYSIS:
- The City of Seal Beach operates twenty -two (22) traffic signals with a variety of
traffic signal controllers and five (5) flashing beacons. This maintenance contract
seeks to provide traffic signal and intersection street light maintenance,
emergency repair, non - emergency routine inspections, new equipment upgrades
and installation.
On April 26, 2004 the City awarded a Maintenance Contract to Republic Electric.
Republic Electric has since that time provided the City's Traffic Signal
Maintenance. The City has been satisfied with Republic Electric, however the
existing agreement expires on December 31, 2011. In addition to needing an
active contract, staff recommends rebidding of this service to identify whether the
cost of the contract can be lowered.
A Request for Proposal (RFP) has been prepared for the solicitation of proposals
from qualified companies. It is anticipated that the most qualified proposal will be
brought forward to the City Council for approval in the summer of 2011.
FINANCIAL IMPACT:
The Traffic Signal Maintenance Contract is budgeted through the General Fund
Street Maintenance account 001 - 044 - 44000.
Agenda Item H
Page 2
RECOMMENDATION:
It is recommended City Council approve the request for proposals (RFP) for the
Traffic Signal Maintenance Services and authorize staff to solicit for proposals.
SUBMITTED BY: NOTED AND APPROVED:
can P. Crumby P.E., I ill ". Ingram, .
Director of Public Works cting City Manager
Prepared by: Cesar Rangel, Assistant Engineer
Attachment
A. Request for Proposal
•
REQUEST FOR PROPOSAL (RFP)
FOR
Traffic Signal Maintenance Services
RFP responses to be received until
10:00 A.M., June 14, 2011
in the Public Works Department
el, da
211 Eighth Street,
Seal Beach, CA 90740
ATTN: Cesar Rangel, Assistant Engineer
Approved for Advertising:
,,, of#
Sean Crumby, P.E.
Director of Public Works
Date Issued: May 10, 2011
or Public Works
TABLE OF CONTENTS
SECTION I. INTRODUCTION
SECTION II. SERVICE DESCRIPTION
SECTION III. SCOPE OR WORK
SECTION IV. SPECIAL CONDITIONS
SECTION V. SCHEDULE
SECTION VI. MINIMUM QUALIFICATIONS AND REFERENCE CONTACT
SECTION VII. PROPOSAL REQUIREMENTS
SECTION VIII. FIRM SELECTION
SECTION IX. SUBMISSION DEADLINE
SECTION X. REQUEST FOR ADDITIONAL INFORMATION
APPENDICIES
A. Contract Agreement
B. List of Traffic Signals
C. Rate Schedule
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SECTION I. INTRODUCTION
The City of Seal Beach ( "City ") is requesting proposals from qualified electrical Contractors
to provide traffic signal and intersection street light maintenance, emergency repair, non -
emergency routine inspections, and new equipment upgrade and installation work. The
City operates under twenty -two (22) traffic signals with a variety of traffic signal controllers
and five (5) flashing beacons, more particularly described in Appendix B attached hereto
and made a part of hereof. The City is seeking a contractor whose combination of
experience and personnel will provide timely, cost - effective, and quality professional
services to the City.
The selected Contractor will be required to have qualified traffic technicians that have
demonstrated experience with traffic signal, street light, and other electrical work. The
Contractor shall also have the ability to troubleshoot and diagnose problems with all of the
City's traffic signal related electrical operation systems.
The total amount of work available will be a function of routine traffic signal maintenance
plus the amount of work that is required due to normal "wear and tear ", collision damage,
vandalism, and other factors that may result in the need for emergency responses
maintenance services. The City expects traffic signal technicians to be regularly assigned
to the City as necessary to provide preventive maintenance and to respond to
unscheduled /emergency work.
Proposals must conform to the requirements of this Request for Proposal (RFP), and must
be submitted in a sealed envelope, to the Department of Public Works no later than 10:00
a.m., on Tuesday, June 7, 2011. The City reserves the right to waive any irregularity in any
proposal, or to reject any proposal that does not comply with this RFP. The City alone,
using criteria determined by the City, will select the qualified firm.
The successful Contractor will be required to enter into an agreement with the City
described in Appendix A, which will include the requirements of this RFP as well as other
requirements to be specified at a later date. By submitting a proposal, the Contractor
agrees to all of the terms of this RFP.
SECTION II. SERVICE DESCRIPTION
The Contractor shall provide routine preventive maintenance, schedule repairs, and
emergency repairs to traffic signals, traffic signal equipment, safety street lights, flashing
beacons, and other related equipment by duly trained and qualified personnel.
The Contractor must provide vehicle(s) to be used by the Contractor's Technicians which
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shall be equipped with a warning beacon /strobe lights; traffic cones; construction warning
sign; a hydraulic bucket capable of reaching a height of at least thirty -two (32) 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. All of the Contractor's employees working within the boundaries of the City shall
be equipped with a communications device capable of instant communications for
extended periods of time with the Contractor's shop or with City staff.
The Contractor must possess, and have readily available in functioning order, all required
tools, equipment, apparatus, facilities, and materials needed to perform all work necessary
to maintain and repair the traffic signals, safety lights, and flashing beacons in the City in
compliance with current Caltrans standards and specifications. All excess materials and
equipment in the Contractor's inventory shall be the property and responsibility of the
Contractor until such materials or equipment is used or installed in the City.
The Contractor shall cooperate with the City in recalibrating traffic signal coordination
timing and progression. The Contractor shall change the timing of 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.
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.
SECTION III. SCOPE OF WORK
The work to be done, in general, consists of furnishing all labor, materials, tools, equipment
and incidentals (unless otherwise specified), to maintain the City's twenty -two (22)
signalized intersections, and five (5) flashing beacons, in a safe, satisfactory and
workmanlike manner.
Contractor shall employ, at a minimum, generally accepted standards and practices utilized
by persons engaged in similar services, as are required by the Contractor, in meeting its
obligations under this RFP. All services required under this RFP will be performed by
Contractor, and all personnel shall possess the qualifications, permits and licenses
required by the State and local law to perform such services.
A. Permits and Licenses
The Contractor shall procure all permits and licenses, including the City's business license,
pay all applicable charges and fees, and give all notices necessary and incidental to the
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due and lawful prosecution of the RFP.
B. Patents
The Contractor shall assume all responsibilities arising from the use of patented materials,
equipment, devices, or processes used on or incorporated in the work.
C. Equipment Required
Contractor shall be equipped with spare parts sufficient to return a defective signal to
operation following ordinance trouble calls. In those cases where a complex controller or
component has to be repaired, the Contractor shall install a substitute controller or
component of its own, while it is repairing the defective controller or component.
D. Records
Contractor shall maintain a record of all service calls and work performed upon the signal
equipment, listing dates, arrival time to location, hour of day, description of service work
performed, and the certified technician's name who completed the work. A copy of such
record shall be maintained at all times within the controller cabinet of each signal location.
A log sheet giving a brief description of all routine and extraordinary maintenance
activities shall be attached to each monthly invoice. Each invoice shall have a minimum of
the following but not limited to:
1. Location of intersection
2. Technician Name
3. Detailed breakdown of work performed
4. Date of invoice and date of work performed
5. Technician arrival time
6. Requestor's name and call back number
7. Description of damaged work and work performed
8. Invoice number
E. Shutdowns
Contractor shall notify the Seal Beach Police Department at (562) 799 -4100 and the City
Engineer or its authorized representative or designee at (562) 431 -2527, of any signal turn-
offs orturn -ons necessitated by its operations, and shall not make said turn -offs orturn -ons
until a police officer is present, or unless given permission to proceed without police control
by the City Engineer, or its authorized representative.
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J. Routine Maintenance
The price for Routine Maintenance shall include the following services, and any other
service not specified in this subsection shall fall under the category of "Extraordinary
Maintenance" or "Scheduled Repair."
(1) Coordination Timing
For non - interconnected pre -timed systems of pre -timed controllers, Contractor shall verify
coordination timing not less than once each month.
(2) Monthly Inspections
Contractor shall perform monthly inspections set List of Traffic Signals (Appendix B)
as follows:
(a) Walk the intersection and visually inspect all signal heads for proper
operation, alignment, broken lenses, and missing or damaged parts.
During the walk around, depress all pedestrian push buttons, and observe for proper
timing operation and display. As soon as possible, replace broken parts, or change parts
and align signal heads, adjust all vehicle or pedestrian signals as necessary.
(b) Closely examine the functioning of the traffic controller in relation to the
approaching traffic, and compare the timing chart to the intervals that are timed by the
traffic controller. Correct the time of intervals, if necessary, as per the timing card.
(c) Observe traffic as it approaches the intersection, in order to determine if the
detector loops, detector loop cables, and amplifiers are operating properly. Adjust or re-
tune detect amplifiers, if necessary.
(d) Inspect all load switches, Battery Backup Units (BBU'S), photo - cells, dials,
controller cabinet switches, relays, clocks, cabinet locks, cabinet mechanisms, cooling
fans, etc., and make routine adjustments or minor repairs, if necessary. Contractor agrees
and acknowledges that there are 12 BBU'S installed citywide.
(e) Clean the controller cabinet; vacuum if necessary; remove any foreign
material. Look for water or excessive dampness inside the cabinet. Determine the cause,
and remedy the condition. Check the filter, and replace it if necessary.
(f) Maintain a clear and accurate record of the field inspection in the controller
cabinet. This record will include the monthly inspection summary showing the date and
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time checked, and who checked it. Controllers shall not be replaced, except for repair,
without written prior approval of the City. Any replacement controller shall be adjusted to
reflect the timing and settings according to the timing chart.
(h) A yearly nighttime survey shall be conducted to inspect any inoperable safety
lighting, illuminated street name signing, and any other appurtenant signing. A report of all
findings and actions from such survey shall be sent to the City Engineer for review.
(I) Contractor shall replace the air filter elements in all cabinets so equipped,
every six (6) months or as needed during the term of the Agreement (Appendix A).
(J) Contractor shall maintain a 24 -hour per day emergency service for the
replacement of burned -out lamps or LED's, turned heads and controller malfunctions, or
any damage creating a public hazard. The intersections where said traffic signals are
located shall be regularly patrolled by Contractor or his representatives. Contractor shall
repair parts, replace parts and lamps or LED's, and otherwise keep the traffic signals in
good working condition. Contractor shall maintain a local telephone number where
representatives of Contractor can be reached 24 hours per day. This telephone number is
to be made available to all persons designated by the City.
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 lamps or LED's need not be on an emergency basis,
provided that there are at least two (2) indications still operative for each direction of travel.
Such replacement shall, in any event, be handled and serviced as soon as possible in a
routine manner, but no longer than 24 hours upon notification of a burned -out lamp or LED.
All labor, materials, equipment, travel and parts for routine emergency service shall be
included in the rate schedule, per intersection, per month, and no extra compensation will
be allowed.
K. Scheduled Repair
Contractor shall repair any and all defective parts of the signal system that cause the signal
failure or malfunction, as the occasion arises, such as the signal controller, pedestrian
timers, timing dial, master controllers, coordinating units, (State of California) synchronizer
and interconnect, flashers, all kinds of burnouts, detector loops, push buttons, sensing
units, communication hardware, and wiring systems, etc., unless the failure or malfunction
falls in the category of "Extraordinary Maintenance ".
(1) Loop Detector Replacement
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Once it is determined by the CITY that the sawcut has deteriorated to a point that applying
more epoxy is insufficient, the loop detector shall be replaced at the bid price stated in the
Contractor's Rate Schedule, Appendix C. Contractor shall provide a schedule for
installation of any loop detectors with an estimated completion date.
(2) Lamp Replacement
Contractor shall replace all lamps and Light Emitting Diodes (LED) in all signals on an 80%
depletion curve, but not to exceed twenty -four (24) months, in accordance with the time
schedule contained in the specifications. All traffic signal lamps must conform to the
standards of the N.E.M.A., U.L., E.I.A., A.S.T.M., A.N.S.I., and any local ordinance that
may apply.
If incandescent lamps are present and are in need of replacement based upon the above
criteria, the Contractor shall replace the lamp to an approved manufacturer LED.
Contractor agrees and acknowledges that the City's traffic signals contain LED's, which
include red, yellow and green balls and arrows.
(3) LED Replacement
Contractor agrees to use only standard traffic signal LED's equivalent in performance,
reliability and durability to those manufactured to California Department of Transportation's
(Caltrans) standards. Contractor agrees to supply all labor and equipment to perform the
re- tamping function, with the cost of the LED's to be invoiced to the City.
Contractor shall clean, polish and inspect all lenses and reflectors at the time the traffic
signals are re- tamped. At this time, all broken or deteriorated parts will be replaced or
changed, as necessary, signal heads aligned, mast arm mounted, street name signs
adjusted, and optically - programmed signal heads adjusted.
(4) Pedestrian Signals and Street Name Signs •
Contractor shall replace pedestrian signal lamps and internally illuminated street name sign
lamps, as they become dim or inoperative. Contractor shall also replace ballasts and
transformers for these units as required.
(5) Safety Lighting
Safety lighting at signalized intersections are to be replaced as they become inoperative, or
when directed by the City. High pressure sodium lamps are to be used for replacement.
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L. Extraordinary Maintenance
Extraordinary Maintenance shall consist of the following:
• Failure or malfunction of the signal system if caused by vehicle collision, vandalism,
civil disorder, windstorm, natural disasters, street construction, replacement or excavation;
or
• Minor upgrading or installation as directed by the City -.
(1) Notification
Contractor shall contact the City Engineer or its representative regarding any Extraordinary
Maintenance work, and seek the City Engineer's prior written approval before the work is
scheduled or commenced. Contractor shall notify the City Engineer or its representative by
telephone at least twenty (24) hours in advance before any work is commenced, except in
emergencies where injury or property damage may result without prompt response.
(2) Emergencies
When directed by the City, Contractor shall respond immediately to emergency calls such
as a total blackout, and dispatch the qualified personnel and equipment to reach the site
within one (1) hour of City's direction under normal circumstances.
For an emergency repair of a signal that is completely blacked out, the following procedure
of traffic control shall apply.
(a) Contractor shall dispatch qualified personnel and equipment to
reach the site within one (1) hour of City's direction. The Contractor's vehicle shall carry
traffic cones and other equipment that shall be used when directing traffic during an
emergency and /or when deemed necessary by the signal technician, the City Engineer, or
its representative.
(b) If no police officer is present, and temporary stop signs have
been set up when Contractor arrives at the site, 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 remove all of the temporary traffic control
devices including stop signs, and return those devices owned by the City to the City Yard.
(c) 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 is estimated to be completed within a few minutes, the police
officer may stay to continue to direct traffic while the Contractor repairs the signal. If the
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repair is estimated to take longer than the officer can reasonably wait, the Contractor shall
immediately set up temporary boulevard stop signs and all other necessary warning
devices, and relieve the police officer.
(3) Materials
Materials used in Extraordinary Maintenance shall be paid at the Contractor's cost from the
supplier, plus the percentage markup specified in the Contractor's Rate Schedule
(Appendix C). All materials and parts shall be new or have the approval of the City
Engineer, if otherwise not new. The City has the right to inspect the Contractor's records to
verify any material costs used for work relating to Extraordinary Maintenance.
(4) Direct Labor
As part of its monthly invoice, Contractor shall present a record of hours spent on
Extraordinary Maintenance of traffic signals and appurtenances per intersection. City shall
pay the Contractor for such hours of Extraordinary Maintenance at the rates specified on
the Contractor's Rate Schedule (Appendix C). Said hourly rates shall be the total cost to
the City. Rates shall include all compensation for prevailing wages, profit, overhead, any
fringe benefits such as employer payments to or on behalf of workers for health and
welfare, insurance, Worker's Compensation, pension, vacation, sick leave or any local,
State, Federal or union tax or assessment.
Regular time rates will be charged to the City for labor between 8:00 a.m. to 5:00 p.m.,
Monday through Friday. Overtime rates will be charged to the City for labor between 5:00
p.m. and 8:00 a.m. on weekdays, and 24 hours on Saturdays, Sundays and holidays.
Under this Agreement, the term "holidays" mean New Year's Day, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day.
(5) Equipment
City shall pay Contractor for equipment used in Extraordinary Maintenance on a per hour
basis as specified in the Contractor's Rate Schedule (Appendix C). Contractor's listing of
per hour equipment rates shall constitute total rates to be paid by the City when specified
equipment is used. No additional payments of any kind shall be paid for equipment, except
as specified on the Contractor's Rate Schedule (Appendix C) of per hour rates. Any
replacement controller shall be adjusted to reflect the timing and settings according to the
timing chart.
All salvaged or damaged materials that cannot be repaired or reused shall be delivered by
Contractor to a location designated by the City's Director of Public Works. All damaged
materials that can be repaired for re -use in Contractor's signal shop, shall be removed to
the shop for such repairs, and shall be reinstalled when repaired. No additional
compensation shall be paid for transporting the equipment to or from the job site.
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(6) Painting
Contractor's shall provide a cost to the City to repaint all, signal heads, back plates and
visors, unless directed otherwise by the City, at least once during the term of this
Agreement. Repainting shall be conducted by spray painting methods.
M. Protection and Traffic Control
(1) Protection
Contractor shall be responsible for, and shall provide and maintain all required guards,
railings, lights and warning signs, and shall take all necessary precautions to avoid injury or
damage to any person or property, and shall, at its own cost and expense, defend, protect
and indemnify the City against any claim or liability arising from, or based on the lack of
proper safeguards or negligence, whether by himself or his agents, employees or
subcontractors.
Contractor shall protect all work, materials and equipment from damage from any cause
whatsoever, and provide adequate and proper storage facilities during the progress of the
work. It shall provide for the safety and good condition of all work, and replace all
damaged or defective work, materials and equipment.
Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees,
planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any
required tree branch trimming or removal shall be brought to the attention of the City
promptly, and shall be performed by City personnel.
N. Traffic Control
Traffic control shall conform to the W.A.T.C.H. Handbook, Latest Edition, and the State of
California "Manual of Traffic Control Devices," Latest Edition, and must be approved by the
City Engineer.
Contractor shall so conduct his operation as to cause the least possible obstruction and
inconvenience to vehicular and pedestrian traffic.
Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices
and signs in compliance with the current "Manual of Traffic Controls, Warning Signs, Lights
and Devices for Use in Performance of Work Upon Highways," published by the State of
California, Department of Transportation, or as may be deemed necessary by the City
Engineer, to give adequate warning to the public at all times that the road or street is
obstructed, and of any abnormal conditions to be encountered as a result thereof.
(1) Payment for Traffic Control
Payment for barricading, protection and vehicular and pedestrian traffic control shall be
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included in the cost estimate for extraordinary maintenance to adequately perform the work
involved to the satisfaction of the City Engineer.
O. Guarantee
Contractor hereby guarantees that the entire work performed by it under the Agreement
(Appendix A) will meet fully all requirements thereof as to quality of workmanship and
materials furnished by it.
Contractor hereby agrees to make, at its own expense, any repairs or replacements made
necessary by defects in materials or workmanship supplied by it that become known within
one (1) year from notice to Contractor regarding said defects.
•
SECTION IV. SPECIAL CONDITIONS
A. The Contractor shall immediately report all traffic signal malfunctions that
affect the intersection timing, or require changes to the traffic signal controller to the City
Engineer. The City Engineer or its representative will direct the Contractor on what action
should be taken.
B. Should the City Engineer or its representative be unavailable, the Contractor
shall correct the signal malfunction to ensure public safety. The City Engineer shall be
notified in writing of these changes as soon as the work is completed.
C. Traffic signal timing changes shall be made by the Contractor with the City
Engineer or his or her designee's approval. The City Engineer shall be notified of these
changes as soon as the change has been made.
D. The Contractor shall ensure proper operation of the City's traffic signals on a
monthly basis. A monthly maintenance schedule shall be established and filed with the
City Engineer. Maintenance shall include:
(1) Check of all traffic signal equipment (including hardware within the
traffic signal controller).
(2) Verification of traffic signal timing and clock function.
(3) Removal of dirt, debris, insects, and spider webs that may cause
signal malfunction.
E. The Contractor shall respond to reports of signal malfunctions that affect
traffic signal timing within two (2) hours.
F. Contractor shall ensure that traffic signal timing is in accordance with the
timing sheet kept in the signal cabinet, and the clock is properly set.
G. Contractor shall submit to the City, as part of its Rate Schedule (Appendix C),
a maintenance checklist itemizing the tasks that shall be performed on a monthly basis as
part of the Routine (signal) Maintenance and items to be performed anytime the Contractor
opens the cabinet.
H. Failure by the Contractor to provide the services outlined in its Routine
Maintenance list that requires the City or its agent to make corrections, shall be billed back
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to the Contractor.
I. Contractor shall notify, by telephone, the City Engineer or its representative,
within 24 hours of the alteration of the operation of any signal or the installation or removal
of any substitute controller or component. Contractor shall also provide a schedule for
completion of any extraordinary maintenance work, and an estimated completion date.
J. Contractor shall receive a written approval from the City Engineer or his /her
designee of any extraordinary maintenance in excess of five hundred dollars $500.00 per
intersection.
K. Contractor shall be advised that all work shall be schedule for normal working
hours unless, but not limited to:
1. A completely blacked out intersection
2. Less than two indications per lane is inoperative
3. Conflicting signal timing
4. City Staff request
SECTION V. SCHEDULE
The following schedule represents a target timeframe for the respondent selection process
and execution of the Agreement. Dates are subject to change.
Action Date
Notice for Request for Proposals (RFP) Released Tuesday, May 10, 2011
Deadline for receipt of Questions Tuesday, June 7, 2011
Deadline for receipt of Proposals Tuesday, June 14, 2011
Award Contract by City Council Monday, July 11, 2011
SECTION VI. MINIMUM QUALIFICATIONS AND REFERENCE CONTACT
A. Contractor's License
A Contractor must possess a valid, current and in good standing Class A or Class C -10
contractor's license issued by the California State Contractor Licensing Board. A copy of
the contractor's license number and date of expiration shall be included in the submitted
Proposal. Failure to produce and possess the specified license will render the Proposal as
non - responsive.
B. Qualified Personnel
A Contractor must have on -staff one (1) each, certified personnel with the following
qualifications:
1 Level Three technician with certification by the International Municipal Signal
Association (IMSA) with at least three (3) years experience in traffic signal repairs;
2 Level Two technician with certification by the International Municipal Signal
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Association (IMSA) with at least three (3) years experience in traffic signal repairs.
3 Project manager for City must be a IMSA Level III Traffic Signal Electrician with
minimum of five years of management experience.
The submitted Proposal shall identify by name the certified personnel who will be available
and would be assigned to provide traffic signal maintenance services to the City.
C. Company Background
The Contractor shall be skilled and regularly engaged in traffic signal maintenance.
Provide a minimum of three (3) references from other municipal, city, or county
governmental agencies for which the Contractor is currently providing the services
described in this Solicitation must be provided. Provide an additional two (2) references for
which the Contractor previously provided the services described in this Solicitation within
the last five (5) years. All listed references shall be a municipal, city, or county
governmental agency.
D. Negative History
A Contractor must include in its Proposal a complete disclosure of any alleged significant
prior or on -going contract failures, any civil or criminal litigation or investigation pending
which involves the firm or in which the firm has been judged guilty or liable within the last
five (5) years.
If there is no negative history to disclose the firm must affirmatively state in its Proposal
there is no negative history to report.
Failure to comply with the terms of this provision may disqualify any proposal. The City
reserves the right to reject any proposal based upon the firm's prior documented history
with the City or with any other party, which documents, without limitation, unsatisfactory
performance, adversarial or contentious demeanor, significant failures to meet contract
milestones or other contractual failures.
The proposal shall describe the methodology to be used to accomplish each of the project
tasks and services expected as defined in the Scope of Work. The Proposal shall also
describe the work that shall be necessary to satisfactorily complete the tasks and service
requirements.
SECTION VII. PROPOSAL REQUIREMENTS
Please note that this Request for Proposals cannot identify each specific, individual task
required to successfully and completely implement this project. The City of Seal Beach
relies on the professionalism and competence of the Proposing Contractor to be
knowledgeable of the general areas identified in the Scope of Work and of adequate
competence to include in its proposal all required tasks and subtasks, personnel
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commitments, man hours, direct and indirect costs, etc.
The Department has established requirements for proposal format. Proposals shall be
submitted (five copies) in a reusable three ring binder. All pages shall be duplex copied.
Five (5) copies of the proposal must be submitted containing the following elements:
1. Cover Letter.
2. Firm Structure and History: Including the firm's experience managing contracts similar
in magnitude and scope, key personnel and structure (org chart), credentials,
background, and ownership of the firm. Refer to the "Company Background" and
"Negative History" requirements listed above.
3. Key personnel: List qualifications of personnel with resumes and a breakdown of
responsibilities. The firm's project manager must be identified and committed to the
project. Refer to "Qualified Personnel" requirements listed above. The City must
approve changes to key personnel committed to work on the project subsequent to
award of contract.
4. A narrative briefly describing the proposed approach using general descriptions for the
activities and how this will accomplish the services described in this RFP.
5. A client reference list from previous projects of similar scope and magnitude. List
should include key personnel- contacts and their position with the agency. Refer to
"Company Background" listed above.
6. Cost Proposal
7. A disclosure of all personal, professional or financial relationships with any officer or
employee of the City.
SECTION VIII. FIRM SELECTION
Selection of the Contractor will be made in accordance with the provision of Chapter 10 of
the California Government Code, Sections 4526 and 4529.5. Stating that selection of
professional services is made on the basis of competence and qualifications. The fee will
be opened and evaluated after selection of the consultant is complete.
Each RFP will be reviewed to determine if it meets the submittal requirements contained
within this RFP. Failure to meet the requirements for the RFP will be cause for rejection of
the proposal. The City may reject any proposal if it is conditional, incomplete or contains
irregularities. The City may waive an immaterial deviation in a proposal, but this shall in no
way modify the proposal document or excuse the consultant from compliance with the
contract requirements if the consultant is awarded a contract.
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The successful Contractor to whom work is awarded shall, within ten (10) days after being
notified, enter into a contract with the City for the work in accordance with the specifications
and shall furnish all required documents necessary to enter into said contract. Failure of
the successful bidder to execute the contract within said ten (10) days shall be just cause
for the City to contract with the next responsible consultant.
SECTION IX. SUBMISSION DEADLINE
In order to be considered. the Contractor must submit five responses to the RFP to
the following office:
Attention: Sean Crumby, P.E.
Director of Public Works
City of Seal Beach, Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
The proposal must be received at the above office no later than the date listed on the
cover.
There is no expressed or implied obligation for City to reimburse firms for any expenses
incurred in preparing proposals in response to this request. Materials submitted by
respondents are subject to public inspection under the California Public Records Act
(Government Code Sec. 6250 et seq.). Any language purporting to render the entire
proposal confidential or propriety will be ineffective and will be disregarded.
The City reserves the right to retain all proposals submitted, and to use any idea in a
proposal regardless of whether the proposal was selected. Submission of a proposal
indicates acceptance by the firm of the conditions contained in the RFP, unless clearly, and
specifically noted in the proposal submitted and confirmed in the contract between the City
and the selected firm.
All property rights, including publication rights of all reports produced by the selected firm in
connection with services performed under this agreement shall be vested in the City.
16
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I Ic Works
SECTION X. REQUEST FOR ADDITIONAL INFORMATION
For answers to questions or particulars regarding this Request for Proposal, all
interested parties are to contact:
Cesar Rangel
Assistant Engineer
Seal Beach, Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
crangelCahsealbeachca.gov
(562) 431 -2527 ext. 1328
17
APPENDIX A
Contract Agreement
PROFESSIONAL SERVICES AGREEMENT
FOR
TRAFFIC SIGNAL MAINTENANCE SERVICES
Between
- 5EA(
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iO , Q
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
[Contractor's Name]
[Contractor's Address]
[Contractor's Phone Number]
This Professional Service Agreement ( "the Agreement ") is made as of
, 2011 (the "Effective Date "), by and between
( "Contractor "), a , and the City of
Seal Beach ( "City "), a California charter city, (collectively, "the Parties ").
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RECITALS
A. City desires certain traffic signal maintenance services.
B. Consultant represents that it is qualified and able to provide City
with such services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
AGREEMENT
1.0 Services
1.1. Contractor shall provide those services ( "Services ") set forth in the
request for proposal dated May 10, 2011 ( "RFP ") and Contractor's proposal
dated , 2011 ( "Proposal "), which are attached to this Agreement
as Exhibits A and B, respectively. In the event of any material discrepancy
between the terms of the RFP and the terms of the Proposal, the terms of the
RFP shall control. In the event of any material discrepancy between the terms of
this Agreement and the terms of either the RFP or the Proposal, the terms of this
Agreement shall control. Contractor shall perform all Services under this
Agreement in accordance with the standard of care generally exercised by like
professionals under similar circumstances and in a manner reasonably
satisfactory to City.
1.2. In performing this Agreement, Contractor shall comply with all
applicable provisions of federal, state, and local law.
1.3. Contractor will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manager may authorize payment for such work
up to a cumulative maximum of $10,000. Payment for additional work in excess
of $10,000 requires prior City Council authorization.
2.0 Term
2.1 This term of this Agreement shall commence as of the Effective
Date and shall continue for a term of 3 years unless previously terminated as
provided by this Agreement.
2.2 The City may elect in its sole discretion to extend the term of this
Agreement, upon the same terms and conditions, for up to 3 consecutive years,
by providing notice to Contractor at least one month prior to the expiration of the
term.
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3.0 Contractor's Compensation
City will pay Contractor in accordance with the rates shown on the fee
schedule set forth in Exhibit C for Services but in no event will the City pay more
than $ . Any additional work authorized by the City pursuant to
Section 1.3 will be compensated in accordance with the fee schedule set forth in
Exhibit C.
4.0 Method of Payment
4.1. Contractor shall submit to City monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. City will pay Contractor within 30 days of receiving
Contractor's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Contractor.
4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's
agents or representatives to inspect at Contractor's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Contractor in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Contractor based on reasonable cause, upon giving the other party written notice
thereof not Tess than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Contractor if Contractor fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. is the Contractor's primary
representative for purposes of this Agreement.
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7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: City of Sea! Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor:
Attn:
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Contractor is an independent contractor and not an employee of the
City. All services provided pursuant to this Agreement shall be performed by
Contractor or under its supervision. Contractor will determine the means,
methods, and details of performing the services. Any additional personnel
performing services under this Agreement on behalf of Contractor shall also not
be employees of City and shall at all times be under Contractor's exclusive
direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Contractor shall be responsible for
all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
8.2. Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs, and expenses of any nature to the extent arising
from Contractor's personnel practices. City shall have the right to offset against
the amount of any fees due to Contractor under this Agreement any amount due
to City from Contractor as a result of Contractor's failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
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9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior
written approval of the City. Contractor is fully responsible to City for the
performance of any and all subcontractors.
10.0 Assignment
Contractor shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of City. Any
purported assignment without such consent shall be void and without effect.
11.0 Insurance
11.1. Contractor shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Contractor has secured all
insurance required under this Section. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
11.2. Contractor shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); and, if required by the City, (3) Professional Liability. Contractor
shall maintain limits no less than: (1) General Liability: $2,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Professional Liability: $1,000,000 per
claim /aggregate.
11.3. The insurance policies shall contain the following provisions, or
Contractor shall provide endorsements on forms supplied or approved by the City
to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
5 of 9
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Contractor's scheduled underlying coverage and that
any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Contractor or for which the Contractor is responsible.
11.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Contractor guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Contractor shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role
of city officials (collectively "Indemnitees ") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any acts or omissions of Contractor, its
employees, or its agents in connection with the performance of this Agreement,
including without limitation the payment of all consequential damages and
attorneys' fees and other related costs and expenses, except for such loss or
damage arising from the sole negligence or willful misconduct of the City. With
respect to any and all such aforesaid suits, actions, or other legal proceedings of
every kind that may be brought or instituted against Indemnitees, Contractor shall
defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay
and satisfy any judgment, award, or decree that may be rendered against
Indemnitees. Contractor shall reimburse City and its directors, officials, officers,
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employees, agents and /or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by Contractor, the City, its directors,
officials, officers, employees, agents or volunteers. All duties of Contractor under
this Section shall survive termination of this Agreement.
13.0 Equal Opportunity
Contractor affirmatively represents that it is an equal opportunity
employer. Contractor shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that 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
agrees to comply with such provisions before commencing the performance of
the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a
writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall
not void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
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19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. 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.
20.0 Prohibited Interests; Conflict of Interest
20.1. Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Contractor further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Contractor shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Contractor shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Contractor "financially interested" (as provided in California
Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Contractor has been retained.
20.2. Contractor further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor
paid or agreed to pay any person or entity, other than a bona fide employee
working exclusively for Contractor, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any
breach or violation of this warranty, City shall have the right, at its sole and
absolute discretion, to terminate this Agreement without further liability, or to
deduct from any sums payable to Contractor hereunder the full amount or value
of any such fee, commission, percentage, or gift.
20.3. Contractor warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Contractor, and that if any such interest comes to the knowledge of
Contractor at any time during the term of this Agreement, Contractor shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, legal,
administrative, or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
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22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants
that he or she is duly authorized to execute this Agreement on behalf of said
Party and that by his or her execution, the Contractor is formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and
year first above written.
CITY OF SEAL BEACH CONTRACTOR
By: By:
City Manager
Name:
Attest: Its:
By: By:
Linda Devine, City Clerk
Name:
Approved as to Form: Its:
By:
Quinn Barrow, City Attorney
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Exhibit A
City of Seal Beach
Request for Proposal for Traffic Signal Maintenance Services
dated May 10, 2011
Exhibit A
S7296 -0001 \1353451 v1.doc
Exhibit B
[Contractor's Name]
Proposal for Traffic Signal Maintenance Services
dated , 2011
Exhibit B
S7296- 0001 \1353451v1.doc
Exhibit C
Rate Schedule
Exhibit C
S7296 -0001 \1353451 v1.doc
APPENDIX B
List of Traffic Signals
LOCATION OF TRAFFIC SIGNALS AND SAFETY LIGHTS
TO BE MAINTAINED
1. Seal Beach Boulevard and Bolsa Avenue /Anchor Way
2. Seal Beach Boulevard and Forrestal Lane/ Heoren Pointe
3. Seal Beach Boulevard and Adolfo Lopez Drive
4. Seal Beach Boulevard and Apollo Drive
5. Seal Beach Boulevard and Road C
6. Seal Beach Boulevard and Westminster Avenue
7. Seal Beach Boulevard and St. Andrews Drive
8. Seal Beach Boulevard and Golden Rain
9. Seal Beach Boulevard and Lampson Avenue
10. Seal Beach Boulevard and Saint Cloud Drive.
11. Seal Beach Boulevard and Town Center Drive
12. Seal Beach Boulevard and Rossmoor Center Way
13. Lampson Avenue and Old Ranch Plaza
14. Lampson Avenue and Basswood Street
15. Lampson Avenue and Candleberry Avenue
16. Lampson Avenue and Heather Street
17. Lampson Avenue and Rose Street
18. Lampson Avenue and Tulip Street
19. Westminster Avenue and Apollo Dirve
20. Westminster Avenue and Road B
21. Westminster Avenue and Kitts Highway
22. Ocean Avenue and Main Street
LOCATION OF FLASHING SIGNALS
TO BE MAINTAINED
1. Marina Drive and 5 Street
2. Bolsa Avenue and Island View Drive
3. Bolsa Avenue and Beachcomber Drive
4. Bolsa Avenue and Balboa Drive
5. First Street and Marina Drive
APPENDIX C
RATE SCHEDULE
RATE SCHEDULE
Description Unit Quantity Total Amount
Routine Maintenance Per intersection/ month 22 $
Routine Maintenance Per flashing beacon/ month 5 $
Total Items $
II. Schedule of Labor Rates Straight Time Overtime
Operations Superintendent $ $
Lead Signal Technician $ $
Signal Technician $ $
Lead Signalman $ $
Signalman Laborer $ $
Lab /test Technician $ $
Engineer /system Technician $ $
III. Schedule of Equipment Rates* Hourly Rate
Service Truck $
Service Ladder Truck $
Hydraulic Man lift Truck (under 32') $
Crane Truck $
Boom Truck $
Concrete Saw $
Compressor w /tools $
Any equipment not listed above will be charged at the local prevailing rental rates.
IV. Markup on material 0/
V. Markup on Labor 0/
VI. Special Pricing Unit Price
6x6 Type E inductive loop installed (1 to 4) $ Per Loop
6x6 Type E inductive loop installed (5 or more) $ Per Loop
LED Pedestrian module installed (includes labor /equip) $ Per Face
Completed cabinet testing $ Per Cabinet
Replace Pedestrian push button $ Per Button