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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 2 Palk Works 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 3 Public Works 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 4 d ' f Public Works 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. 5 aix Radio Works 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 6 ' g ,••+F••- f, Milo Works 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 _ y ` a Pubdlc Works 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. 8 I � r' ± P OIiIIC Works 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 9 aft, _Kt ' Igeogag are;wrge‘ «, Public ;Yorks 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. io C A :IYVW _. -E K; Cdr , POOOilc Works (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 11 Palk Works 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 12 ° Chi ' Ce / (�/Jar� ' ` Palk Works 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 13 P flevasi ,4:.:Ragat‘ ub99c Etrks 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 14 eat tway, (fic-:4101,oc.„ Public Works 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. 15 Public Works 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 � :...a 1 / GZ4v 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( ��C041PORgj� 16 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 "). 1 of 9 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. 2 of 9 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. 3 of 9 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. 4of9 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, 6 of 9 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. 7 of 9 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. 8 of 9 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 9 of 9 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