HomeMy WebLinkAbout10 - Streetlight Maintenance Service Agreement���WPORr CITY OF
NEWPORT BEACH
� P City Council Stag Report
Agenda Item No. 10
June 28, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Municipal Operations Department Director
949 644 -3055, mharmon @newportbeachca.gov
PREPARED BY: Maurice Turner, Administrative Manager
APPROVED: �a C��+M
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TITLE: Streetlight Maintenance Service Agreement
Currently, the Municipal Operations Department Electrical Division staff maintains an
inventory of over 20 types of streetlights and lighting fixtures totaling approximately
5,900 units. The goal of the contract is to improve service to the community by providing
the City with a proactive maintenance plan that minimizes the volume and duration of
streetlight outages through the use of dedicated Contractor equipment and staff.
RECOMMENDATION:
Approve the contract between Fluoresco Lighting & Signs, Inc. of Pomona and the City
of Newport Beach for streetlight maintenance services.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service. It will be
expensed to the Electrical Contract Services account in the Municipal Operations
Department, 5300 -8088.
DISCUSSION:
Currently an Electrical Supervisor, Crew Chief and two Electricians dedicate
approximately 50% of their time to the repair of about 1,000 streetlights annually. The
estimated total budgeted cost of the repair program is about $250,000 for FY 2010 -11.
Night drives and citizen reports are utilized to identify streetlights that need to be
serviced. The waiting list for streetlights to be repaired is about 50 -60 days; occasionally
this number grows by 30 -60 days due to damage caused by shorts, contractor dig -ups,
vehicular accidents, rain, and other incidents.
Streetlight Maintenance Service Agreement
June 28, 2011
Page 2
On April 14, staff issued a request for proposals and received four responses by the
May 5 deadline. A review panel consisting of Municipal Operations and Public Works
Departments' staff rated each proposal based equally on price, qualifications, municipal
experience, Newport Beach experience, proposed annual plan, and reporting
technology. Although Mike Kilbride submitted the lowest priced proposal, the proposal
was not considered based on insufficient experience. Fluoresco Lighting & Signs was
determined to be the lowest priced, responsive proposer. Fluoresco performs streetlight
maintenance in a number of municipalities including Glendale, AZ and for a five -city
cooperative in the San Diego area.
Proposals Received
Mike Kilbride $15,576
Fluoresco $51,684
Republic $58,056
Econolite $64,428
The Contractor will be required to furnish all labor, equipment, and supervision to
perform general maintenance services for the City's streetlights necessary as a result of
normal operational wear and tear, such as burned out bulbs, non - functioning ballasts,
and sensors that do not switch on the lights at dusk, etc. This does not include repair or
replacement of materials as a result of collision, mischief, and /or acts of nature. In order
to complete the work in an accurate and timely fashion the Contractor will adhere to its
Annual Maintenance & Repair Response Plan that includes a schedule detailing the
methodology for visually inspecting all streetlights (including, but not limited to, arterial
roadways, residential streets, intersections, and parking lots) not less than every ninety
(90) days. A monthly activity report shall detail all inspection and maintenance activities
performed by the Contractor. All maintenance work shall be initiated by the Contractor
within 48 hours of request by the City.
The term of the contract is for one year with the option for three one year extensions in
order to provide the City with a high -level of flexibility entering into this new area of
contracted service. The contract is eligible for a maximum annual CPI adjustment of
3.0% after the first year of service.
As a result of this contract two positions are being eliminated in the FY 2011 -12 Budget,
representing an annual savings of about $200,000. The contractor will have direct
access to the existing City Quest system for reduced response times and increased
accountability. This will lead to better service at a lower cost.
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Streetlight Maintenance Service Agreement
June 28, 2011
Page 3
Annual Cost
ENVIRONMENTAL REVIEW:
• City Staff $250,000
• Fluoresco $51,684
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Municipal Operations Department Director
Attachments: A. Agreement
B. Request for Proposal
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AGREEMENTFOR
CITYWIDE STREETLIGHT MAINTENANCE SERVICES
WITH FLUORESCO LIGHTING -SIGN MAINTENANCE CORP.
THIS AGREEMENT FOR CITYWIDE STREETLIGHT MAINTENANCE
SERVICES ( "Agreement" or "Contract ") is made and entered into as of this 28ffi day of
June, 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal
Corporation and charter city ( "City "), and Fluoresco Lighting -Sign Maintenance Corp.,
an Arizona corporation ( "Contractor'), whose principal place of business is 2778
Pomona Blvd, Pomona, CA and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of Califomia with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires general maintenance of city -owned streetlights within the public
right -of -way.
C. City desires to engage Contractor to maintain City streetlights ( "Project ").
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The initial term of this Agreement shall commence on the above written date, and shall
be for a period of one (1) year. The term of this Agreement shall be extended for three
(3) additional one (1) year terms with the extensions to automatically commence upon
the expiration of the initial term or any extended term, unless the City notifies Contractor
in writing at least thirty (30) days before the end of the initial term or any extended term,
of its intent to terminate this Agreement at the conclusion of the initial term or any
extension. The term of the Agreement shall not extend beyond June 30, 2015, unless
terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1 Contractor shall- perform all the work described in the Scope of Work
attached hereto as Exhibit A and incorporated herein by this reference ( "Services' or
"Work "). As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor
is experienced in performing the Work contemplated herein and, in light of such status
d
and experience, Contractor covenants that it shall follow the highest professional
standards in performing the Work required hereunder and that all materials will be of
good quality. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one or more first - class
firms performing similar work under similar circumstances.
2.2 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project, unless otherwise
described in the Scope of Work.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than 30 calendar days after the start of
the condition that purportedly causes a delay. The Project Administrator shall review all
such requests and may grant reasonable time extensions for unforeseeable delays that
are beyond Contractors control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances.
4. COMPENSATION
4.1 City shall pay Contractor an amount not to exceed Fifty -one thousand
Six hundred eighty -four Dollars and 001100 ($51,684.00) per contract year, subject to
the annual consumer price index adjustment, without written amendment to the
Agreement in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference.
4.2 Consumer Price Index. Upon the first anniversary of the Commencement
Date and upon each anniversary of the Commencement Date thereafter, the rates to be
paid by the City as set forth in Exhibit B shall be adjusted in proportion to changes in the
Consumer Price Index, subject to the 3.0% maximum adjustment increase set forth
below. Such adjustment shall be made by multiplying the original rate by a fraction, the
numerator of which is the value of the Consumer Price Index for the calendar month
three (3) months preceding the calendar month for which such adjustment is to be made
and the denominator of which is the value of the Consumer Price Index for the same
calendar month one (1) year prior. For example, if the adjustment is to occur effective
June 1, 2011, the index to be used for the. numerator is the index for the month of March
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2011 and the index to be used for the denominator is March 2010. The "Consumer
Price Index" to be used in such calculation is the Consumer Price Index, All Urban
Consumers (All Items) for the Los Angeles Anaheim Riverside Metropolitan Area,
published by the United States. Department of Labor, Bureau of Labor Statistics (1982
84 = 100). If both an official index and one or more unofficial indices are published, the
official index shall be used. If said Consumer Price Index is no longer published at the
adjustment date, it shall be constructed by conversion tables included in such new
index. In no event, however, shall the amount payable under this agreement be
reduced below the Rate in effect immediately preceding such adjustment. The
maximum increase to the Rate, for any year where an adjustment is made in proportion
to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate in effect
immediately preceding such adjustment.
4.3 Invoices. Contractor shall submit monthly invoices for the Work performed
the preceding month. City shall pay Contractor no later than thirty (30) days after
approval of the monthly invoice by City staff.
5. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department. The
Operations Manager, or his /her designee, shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
6.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed unless approved in advance by the City Administrator.
6.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest professional standards. All Services shall be
performed by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
7.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
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obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
7.3.1 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
7.4 Contractor shall perform all Project Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged. during
the performance of the Project Work.
7.5 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
7.6 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
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Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Contractor as
to the details of the performance or to exercise a measure of control over Contractor
shall mean only that Contractor shall follow the desires of City with respect to the results
of the Services.
9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
10. INSURANCE
10.1 Without limiting Contractor's indemnification of City, and prior to
commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. The cost of such insurance
shall be included in Contractor's bid.
10.2 Coverage and Limit Requirements.
10.2.1 . Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's liability insurance
with limits of at least one million dollars ($1,000,000) each type for Contractor's
employees in accordance with the laws of the State of California, Section 3700 of the
Labor Code. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employers Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation insurance
shall amend its policy by endorsement to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers. Contractor
shall submit to City, along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
10.2.2 General Liability. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000)
per occurrence, two million dollars ($2,000,000) General Aggregate and two million
dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury,
personal injury, and property damage, including without limitation, blanket contractual
liability. Coverage shall be at least as broad as that provided by Insurance Services
Office form CG 00 01. None of the policies required herein shall be in compliance with
these requirements if they include any limiting endorsement that has not been first
submitted to City and approved in writing.
10.2.3 Automobile Liability. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
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arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
10.3 Other Insurance Provisions or Requirements
10.3.1 Evidence of Insurance. Contractor shall provide certificates
of insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and an additional
insured endorsement for general liability. Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of performance or
issuance of any permit. Current evidence of insurance shall be kept on file with City at
all times during the term of this Agreement. All of the executed documents referenced in
this Agreement must be returned within ten (10) working days after the date on the
"Notification of Award," so that the City may review and approve all insurance and bond
documentation. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
10.3.2 General liability insurance provisions. Primary and excess or
umbrella liability policies are to contain, or be endorsed to contain, the following
provisions:
10.3.2.1 City, its elected or appointed officers, agents,
officials, employees, and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of Contractor,
including the insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to City,
its elected or appointed officers, officials, employees, agents or volunteers. Contractor
shall submit to City a copy of the additional insured endorsement along with the
required certificates of insurance.
10.3.2.2 Contractor's insurance coverage shall be
primary insurance and /or primary source of recovery as respects City, its elected or
appointed officers, agents, officials, employees and volunteers as respects to all claims,
losses, or liability arising directly or indirectly from the Contractor's operations or
services provided to the City. Any insurance or self- insurance maintained by City, its
Officers, officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
10.3.2.3 Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
10.3.3 Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance
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with the latest edition of Best's Key Rating Guide, unless otherwise approved by the
City's Risk Manager.
10.3.4 Notice of Cancellation. Contractor agrees to oblige its
insurance broker and insurers to provide to City with 30 days notice of cancellation (except
for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each
required coverage except for builder's risk insurance. The builder's risk policy will contain
or be endorsed to contain a provision providing for 30 days written notice to City of
cancellation or nonrenewal, except for nonpayment for which 10 days notice is required.
10.3.5 Self- Insured Retentions. Contractor agrees not to self- insure
or to use any self- insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self- insure its obligations to
City. If contractor's existing coverage includes a self- insured retention, the self- insured
retention must be declared to City. City may review options with the contractor, which
may include reduction or elimination of the self- insured retention, substitution of other
coverage, or other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
10.3.6 Timely Notice of Claims. Contractor shall give City prompt
and timely notice of any claim made or suit instituted arising out of or resulting from
Contractor's performance under this agreement.
10.3.7 Waiver. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against City, and shall require similar written express
waivers and insurance clauses from each of its subcontractors.
10.3.8 Enforcement of Contract Provisions. Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Contractor of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
10.3.9 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
10.3.10 City's Remedies. City shall have the right to order the
Contractor to stop Work under this Agreement and /or withhold any payment(s) that
become due to Contractor hereunder until Contractor demonstrates compliance with the
requirements of this article. In the alternative, City may purchase the required coverage
and charge Contractor the cost of the premiums or deduct the cost from Contractor's
payments.
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10.3.11 Coverage not Limited. All insurance coverage and limits
provided by contractor and available or applicable to this agreement are intended to
apply to the full extent of the policies. Nothing contained in this agreement or any other
agreement relating to the city or its operations limits the application of such insurance
coverage.
10.3.12 Coverage Renewal. Contractor will renew the coverage
required here annually as long as Contractor continues to provide any Services under
this or any other contract or agreement with the City. Contractor shall provide proof that
policies of insurance required herein expiring during the term of this Agreement have
been renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Contractor's insurance agent to this effect is acceptable.
A certificate of insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
11. RECORDS /REPORTS
11.1 All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection and audit by
any authorized City representative during regular business hours.
11.2 No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
11.3 Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this Agreement.
11.4 The Contractor is required to keep a daily log of all streetlights serviced,
including the pole number (if available) and location of the streetlight, along with a
description of any services performed and materials used. Each month, a report shall be
prepared from the daily log, giving a brief description of all routine, special event, and
emergency activities; as well as the status of the City - provided materials inventory.
The activity report shall be attached to the monthly invoice submitted to the City s
Administrator. A log will be submitted monthly of all communications from the City of
Newport Beach Municipal Operations Department, the City of Newport Beach Police
Department, and members of the public to the Contractor, whether or not those
communications require a request for service and a description of the action taken from
the City communication.
11.5 Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all work,. data, documents,
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proceedings, and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
12. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
13. INCREASE OR DECREASE IN SCOPE OF WORK
City reserves the right to withdraw certain locations from the Scope of Work to be
performed by Contractor pursuant to this Agreement. City shall notify Contractor in
writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location. In the event a location is withdrawn from the scope of work,
compensation to Contractor shall be reduced in accordance with the Contractor's unit
costs specified in Exhibit B. In the event the location is withdrawn for a period of less
than a full year, Contractor's compensation shall be reduced on a prorated basis.
14. CONFLICTS OF INTEREST
14.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
14.2 If subject to the Act, Contractor shall conform to all requirements of fhe
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless City
for any and all claims for damages resulting from Contractor's violation of this Section.
15. NOTICES
15.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Municipal Operations Department
Operations Manager
City of Newport Beach
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3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3011
Fax: 949- 646 -5204
15.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Adam Kleiman
Fluoresco Lighting & Signs
2778 Pomona, Blvd.
Pomona, CA 91768
Phone: 909 - 592 -0870
Fax: 909 - 592 -0493
16. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Contract, before making its final
request for payment under the Contract Documents, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Contract. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Contract except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Tort Claims Act (Govt. Code §§ 900 et seq.).
17. TERMINATION
17.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
17.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Contractor. In the event of termination under
this Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Agreement.
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18.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
18.2 Waiver. A waiver by City of any term, covenant, or condition in the
Contract shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
18.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Contracts of whatsoever kind or nature are merged herein.
No verbal Contract or implied covenant shall be held to vary the provisions herein.
18.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and the Exhibits attached hereto, the terms of
this Contract shall govern.
18.5 Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
18.6 Effect of Contractor's Execution. Execution of this Contract by Contractor
is a representation that Contractor has visited the Project Site, has become familiar with
the local conditions under which the Work is to be performed, and has taken into
consideration these factors in submitting its Project Proposal and Scope of Work.
18.7 Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
18.8 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
18.9 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
18.10 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
18.11 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
Page 11 19
18.12 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
Page 12 15
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
Date:
OFFICE T'1E /CITY ATTORNEY
tsy,_ _,., ' - --
Leonie Mulvihill
Assistant City Attorney
ATTEST: "�
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Michael F. Henn
Mayor
CONTRACTOR: Fluoresco Lighting -Sign
Maintenance Corp., an Arizona
corporation
Date:
By:
Ladd Kleiman
President
Date:
Andy Kleiman
Executive Vice President
Attachments: Exhibit A - Scope of Work
Exhibit B - Schedule of Billing Rates
A11 -00386 Streetlight Maintenance Service AgreemenLksa.4.7.11
Page 13 �(p
EXHIBIT A
SCOPE OF WORK
Exhibit A -1 �,
Project Description
Furnish all labor, equipment, and supervision to perform general maintenance services
for the City's streetlights as a result of normal operational wear and tear. This does not
include repair or replacement of materials as a result of collision, mischief, and /or acts
of nature.
Contractor shall provide an Annual Maintenance & Repair Response Plan that includes
a schedule detailing the methodology for visually inspecting all streetlights (including,
but not limited to, arterial roadways, residential streets, intersections, and parking lots)
not less than every ninety (90) days. All outages identified by the Contractor, City, and
the public shall be recorded, repaired, and included as part of an activity report
submitted to the City on a monthly basis. The monthly activity report shall detail all
inspection and maintenance activities performed by the Contractor. All maintenance
work shall be initiated by the Contractor within 48 hours of request by the City.
Contractor shall only visually inspect safety lights and report any safety light outages in
accordance with the Annual Maintenance & Repair Response Plan. Contractor shall not
perform any additional inspection or repair activities to safety lights, traffic signal lights,
or the poles that they are attached.
City shall furnish a database of all identified streetlights including, but not limited to, the
following information: pole identification, location, and type. The Contractor shall report
any database errors or omissions as part of the monthly activity report. During the
month preceding the contract anniversary the City shall audit and reconcile the
database to include additions, deletions, and corrections. The City shall provide the
Contractor with the updated database within thirty (30) days of approval by the City.
Contractor shall accept responsibility for the maintenance of the streetlight system its
"as -is" condition. Streetlights considered to be potentially hazardous to the public, as
identified by the Contractor during the normal inspection and maintenance process,
shall be reported to the City immediately.
Certain materials (poles, bulbs, ballasts, and fixtures) shall be exclusively provided by
the City. Upon verbal or written request from the Project Administrator, the City may
desire to purchase materials from the Contractor and may require that those materials
be stored at the Contractor's facility at no additional fee to the City.
Pricing Approach
The City intends to award a one (1) year contract with three (3) one year extensions
based on a fixed annual maintenance price for the four (4) year term of this contract.
Billing shall occur in twelve (12) equal monthly increments per contract year for services
provided. The primary purpose of the Quotation Form is to provide the total annual cost
for maintenance services, to provide unit rates for additions or reductions to the City's
streetlight inventory, and to establish clear payment deductions for contract duties not
rendered or not satisfactorily performed.
Exhibit A-2 /9
Definitions
• Streetlight — City -owned lighting poles, luminaries, and appurtenances of all
types and wattages within the public right -of -way.
• Safety light — Designated streetlight attached to a pole in conjunction with a traffic
signal light.
• General Maintenance — Preventative maintenance services including inspection,
cleaning, adjustment, replacement, and testing of bulbs, fixtures, ballasts, and
basic wiring.
• Normal Business Hours — Monday through Friday 7:00am — 5:00pm including
holidays.
Exhibit A -3 H
Types of Poles and Fixtures
Poles
1212T
1214T
1316T
42D
42D DBL
42D OBS
45D
65D
65D DBL
68D
7003 J
7003 J DBL
7004 J
7004 J DBL
AMERON AEGEAN
AMERON JSL
AMERON JSL DBL
AMERON VICTORIAN
IMPERIAL
MANVILLE
PUMCO 500
Fixtures
High Pressure Sodium (35 -400 watt, 120/240 volts)
Series Mercury (100 -400 watt)
Series Incandescent (2500 -4000 lumen)
LED (GE, Philips, Synergy)
QL (55 watt, 240 volt)
Exhibit A-4 a0
Location Map
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Exhibit A-5 a�
EXHIBIT B
SCHEDULE OF BILLING RATES
Monthly Unit Cost per Streetlight
Total Annual Cost (approximately 5,900 units)
Hourly Rate
Minimum Hours Per Response
Response Time
$0.73
$51,684
$79.00
1.5
48 hours (portal to portal)
Exhibit B -1 9�
April 14, 2011
Name
Company
Address
City, CA ZIPCODE
Subject: Request for Quotation for Streetlight Maintenance Service
The City of Newport Beach is issuing this request for quotations for annual streetlight
maintenance services including preventative maintenance services through June 30,
2015. Currently, the City maintains an inventory of over 20 types of streetlights and
lighting fixtures totaling approximately 5,900 units.
The City requests that interested vendors review the Scope of Work (Attachment A),
Quotation Form (Attachment B), Insurance Requirements (Attachment C), and Location
Map (Attachment D) in order to formulate a proactive maintenance plan that minimizes
the volume and duration of streetlight outages through the use of dedicated equipment
and staff.
Please complete and return the signed Quotation Form (Attachment B), Annual
Maintenance & Repair Response Plan, and Statement of Qualifications by mail or email
no later than 11:00 AM on Thursday, May 5, 2011.
Mail: City of Newport Beach — Municipal Operations Department
3300 Newport Blvd, P.O. Box 1768, Newport Beach, CA 92658
Attention: Maurice Turner
Email: mturner @newportbeachca.gov
Please contact Maurice Turner, Administrative Manager, at (949) 644 -3057 if you have
any questions.
Again, we invite you to respond to this request for quotations, and look forward to
evaluating your response based on cost and qualifications.
Sincerely,
4 L
Mark Harmon, Director
Municipal Operations Department
Attachments: Scope of Work, Quotation Form, Insurance Requirements, Location Map,
Draft Agreement
G`
ATTACHMENT A: SCOPE OF WORK
Project Description
Furnish all labor, equipment, and supervision to perform general maintenance services
for the City's streetlights as a result of normal operational wear and tear. This does not
include repair or replacement of materials as a result of collision, mischief, and /or acts
of nature.
Contractor shall provide an Annual Maintenance & Repair Response Plan that includes
a schedule detailing the methodology for visually inspecting all streetlights (including,
but not limited to, arterial roadways, residential streets, intersections, and parking lots)
not less than every ninety (90) days. All outages identified by the Contractor, City, and
the public shall be recorded, repaired, and included as part of an activity report
submitted to the City on a monthly basis. The monthly activity report shall detail all
inspection and maintenance activities performed by the Contractor. All maintenance
work shall be initiated by the Contractor within 48 hours of request by the City.
Contractor shall only visually inspect safety lights and report any safety light outages in
accordance with the Annual Maintenance & Repair Response Plan. Contractor shall not
perform any additional inspection or repair activities to safety lights, traffic signal lights,
or the poles that they are attached.
City shall furnish a database of all identified streetlights including, but not limited to, the
following information: pole identification, location, and type. The Contractor shall report
any database errors or omissions as part of the monthly activity report. During the
month preceding the contract anniversary the City shall audit and reconcile the
database to include additions, deletions, and corrections. The updated database shall
be added to the contract scope of work as an amendment along with any associated
increase or decrease in scope of work. The City shall provide the Contractor with the
contract amendment and updated database within thirty (30) days of approval by the
C ity.
Contractor shall accept responsibility for the maintenance of the streetlight system its
"as -is" condition. Streetlights considered to be potentially hazardous to the public, as
identified by the Contractor during the normal inspection and maintenance process,
shall be reported to the City immediately.
Certain materials (poles, bulbs, ballasts, and fixtures) shall be exclusively provided by
the City. Upon verbal or written request from the Project Administrator, the City may
desire to purchase materials from the Contractor and may require that those materials
be stored at the Contractor's facility at no additional fee to the City.
Pricing Approach
The City intends to award a one (1) year contract with three (3) one year extensions
based on a fixed annual maintenance price for the four (4) year term of this contract.
d�
Billing shall occur in twelve (12) equal monthly increments per contract year for services
provided. The primary purpose of the Quotation Form is to provide the total annual cost
for maintenance services, to provide unit rates for additions or reductions to the City's
streetlight inventory, and to establish clear payment deductions for contract duties not
rendered or not satisfactorily performed.
Definitions
• Streetlight — City -owned lighting poles, luminaries, and appurtenances of all
types and wattages within the public right -of -way.
• Safety light — Designated streetlight attached to a pole in conjunction with a traffic
signal light.
• General Maintenance — Preventative maintenance services including inspection,
cleaning, adjustment, replacement, and testing of bulbs, fixtures, ballasts, and
basic wiring.
• Normal Business Hours — Monday through Friday 7:00am — 5:00pm including
holidays.
c
a�
Types of Poles and Fixtures
Poles Fixtures
1212T High Pressure Sodium (35 -400 watt, 120/240 volts)
1214T Series Mercury (100 -400 watt)
1316T Series Incandescent (2500 -4000 lumen)
42D LED (GE, Philips, Synergy)
42D DBL QL (55 watt, 240 volt)
42D OBS
45D
65D
65D DBL
68D
7003 J
7003 J DBL
7004 J
7004 J DBL
AMERON AEGEAN
AMERON JSL
AMERON JSL DBL
AMERON VICTORIAN
IMPERIAL
MANVILLE
PUMCO 500
Monthly Unit Cost per Streetlight
Total Annual Cost (approximately 5,900 units)
I have reviewed the following attachments:
Scope of Work
Insurance Requirements
1 have included the following:
Annual Maintenance & Repair Response Plan
Statement of Qualifications
Signature Date
Printed Name and Title Company
Yes No
Yes No
Yes_ No
Yes No
ATTACHMENT C: INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City. The cost of such insurance shall be included in Contractor's
billing rates.
1. Coverage and Limit Requirements.
a. Workers' Compensation. Contractor shall maintain Workers' Compensation
Insurance providing statutory benefits and employer's liability insurance with
limits of at least one million dollars ($1,000,000) each type for Contractor's
employees in accordance with the laws of the State of California, Section 3700 of
the Labor Code. In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of California, Section 3700 for
all of the subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive all
rights of subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers. Contractor shall submit to City, along with
the required certificate of insurance, a copy of such waiver of subrogation
endorsement.
b. General Liability. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) General Aggregate and two million
dollars ($2,000,000) Products and Completed Operations Aggregate for bodily
injury, personal injury, and property damage, including without limitation, blanket
contractual liability. Coverage shall be at least as broad as that provided by
Insurance Services Office form CG 00 01. None of the policies required herein
shall be in compliance with these requirements if they include any limiting
endorsement that has not been first submitted to City and approved in writing.
c. Automobile Liability. Contractor shall maintain automobile insurance covering
bodily injury and property damage for all activities of the Contractor arising out of
or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for each accident.
Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
ATTACHMENT D: LOCATION MAP
L I
r
ky
A detailed map and inventory of the 5,931 streetlights is available at:
www.NewportBeachCA.gov /Utilities � Electrical Division — Streetlight Maintenance Information
J
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