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HomeMy WebLinkAboutBearl Electrical Solutions CONSULTING SERVICES AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND BEAR ELECTRICAL SOLUTIONS THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills ("Town") and Bear Electrical Solutions("Contractor") (together sometimes referred to as the"Parties")as of July 1, 2017 (the"Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to Town the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended,as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the Town's right to terminate the Agreement, as referenced in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Town, in its sole discretion,at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from Town of such desire of Town, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor's obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include"work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,"the services constitute a public works within the definition of Section 1720(a)(1)of the California Labor Code. As a result, Contractor is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Section 2. COMPENSATION. Town hereby agrees to pay Contractor a sum not to exceed$20,000 annually, notwithstanding any contrary indications that may be contained in Contractor's proposal,for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Town shall pay Contractor for services rendered pursuant to Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Page 1 of 12 V this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from Town to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to Town in the manner specified herein. Except as specifically authorized by Town in writing, Contractor shall not bill Town for duplicate services performed by more than one person. Contractor and Town acknowledge and agree that compensation paid by Town to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. Town therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • Sedal identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At Town's option,for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work,the hours spent by each person, a brief description of the work,and each reimbursable expense; • The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; • The Contractor's signature; • Contractor shall give separate notice to the Town when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and Town. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and Town, if applicable. 2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Town shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. Town shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to Town of a final invoice, if all services required have been satisfactorily performed. Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Page 2 of 12 iso 2.4 Total Payment. Town shall pay for the services to be rendered by Contractor pursuant to this Agreement. Town shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. Town shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $0. Expenses not listed below are not chargeable to Town. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the Town or Contractor terminates this Agreement pursuant to Section 8, the Town shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. Town shall make available to Contractor only the facilities and equipment listed in this section,and only under the terms and conditions set forth herein. Town shall fumish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with Town employees and reviewing records and the information in possession of the Town. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of Town. In no event shall Town be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Page 3 of 12 V V Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives,employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to Town of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the Town. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s)and provided evidence that such insurance is in effect to Town. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers'Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided,or the Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against the Town and its officers, officials,employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used,either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition)covering comprehensive General Liability on an "occurrence"basis. Automobile coverage shall be at least as broad as Insurance Consulting Services Agreement between July 1,2017 Town of Los Altos Hills and Bear Electrical Solutions Page 4 of 12 410 V Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis,and not on a claims-made basis. b. Town, its officers,officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor;or automobiles owned, leased, hired, or borrowed by the Contractor c. For any claims related to this Agreement or the work hereunder, the Contractor's insurance covered shall be primary insurance as respects the Town, its officers, officials,employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers,officials, employees,or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party,except after 30 days' prior written notice has been provided to the Town. 4.3 All Policies Requirements. 4.3.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor shall furnish Town with complete copies of all policies delivered to Contractor by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the Town does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. The Town reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of Town for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee Consulting Services Agreement between July 1,2017 Town of Los Altos Hills and Bear Electrical Solutions Page 5 of 12 V satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a"wasting" policy limit(i.e. limit that is eroded by the cost of defense). 4.3.5 Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers'Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the contractor, its employees, agents, and subcontractors. 43.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies Town may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Town may, at its sole option exercise any of the following remedies,which are altematives to other remedies Town may have and are not the exclusive remedy for Contractor's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall, to the fullest extent allowed by law,with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to Town, indemnify, and hold Town, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, ("Claims"). Contractor will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims,whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the Town shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the Town. Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Page 6 of 12 With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type of express or implied indemnity against the Indemnitees. Notwithstanding the forgoing, to the extent this Agreement is a"construction contract"as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of Town. Town shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Town shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Town, state, or federal policy, rule, regulation, law,or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit,or any incident of employment by Town, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS)as an employee of Town and entitlement to any contribution to be paid by Town for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as Town may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the Califomia Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Contractor's Failure to comply with any law(s)or regulation(s)applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which Town is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to Town that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Page 7 of 12 V V and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to Town that Contractor and its employees, agents, any subcontractors shall,at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Town. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, religion, color, national origin,age, physical or mental handicap or disability, medical condition, marital status,sex,or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state,and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. Town may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 45 days'written notice to Town and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination;Town, however, may condition payment of such compensation upon Contractor delivering to Town any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or The Town in connection with this Agreement. 8.2 Extension. Town may, in its sole and exclusive discretion,extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if Town grants such an extension, Town shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. Consulting Services Agreement between July 1,2017 Town of Los Altos Hills and Bear Electrical Solutions Page 8 of 12 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. Town and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence,experience,and specialized personal knowledge. Moreover, a substantial inducement to Town for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Town and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement,Town's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Town would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractors Performance. All reports,data, maps, models, charts,studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Town. Contractor hereby agrees to deliver those documents to the Town upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Town and are not necessarily suitable for any future or other use. Town and Contractor agree that, until final approval by Town, all data, plans, specifications, reports and other documents are Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Page 9 of 12 V vli confidential and will not be released to third parties without prior written consent of both parties. 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers,canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection,audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds$10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town,for a period of 3 years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement,the parties agree that trial of such action shall be vested exclusively in The state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Contractor shall prepare and submit all reports,written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Page 10 of 12 Q 10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of Town or whose business, regardless of location, would place Contractor in a"conflict of interest,"as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any Town official in the work performed pursuant to this Agreement. No officer or employee of Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months,an employee, agent, appointee,or official of the Town. If Contractor was an employee,agent, appointee, or official of the Town in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code§1090 et seq.,the entire Agreement is void and Contractor will not be enfi0ed to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the Town for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code§ 1090 and, if applicable,will be disqualified from holding public office in the State of California. 10.8 Solicitation. Contractor agrees not to solicit business at any meeting,focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Public Works Director/City Engineer("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Contractor shall be sent to: Bear Electrical Solutions Contract Administrator PO Box 924 Alviso, CA 95002-0924 Any written notice to Town shall be sent to: Town of Los Altos Hills Attn:Allen Chen, Public Works Director/City Engineer 26379 Fremont Road Los Altos Hills, CA 94022 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report,first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Page 11 of 12 V "Seal and Signature of Registered Professional with report/design responsibility,"as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B represents the entire and integrated agreement between Town and Contractor and supersedes all prior negotiations, representations,or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Payment Schedule Exhibit C Public Works Requirements 10.13 Counterparts. This Agreement may be executed in multiple counterparts,each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. TOWN OF LOS ALTOSHILLSCONTRACTOR-Bear Electrical Solutions Thotar Cad Cahill, own Manager Print Name, Title Attest: 0 Deborah Padovan, Town Clerk Approved as to Form: Sty Steven T. Ma s, Town Attorney 1071914.1 Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Page 12 of 12 V Ali EXHIBIT A SCOPE OF SERVICES kQpe of Work The Traffic Signal Preventive Maintenance and Repair Services involve on-going and regular field preventive maintenance and repair of traffic signals, safety lights, and other related equipment by a licensed electrical contractor with properly trained, experienced and qualified personnel. This includes three (3) traffic signals and two (2) radar feedback speed sign which are listed in Attachment A and B. In addition, the Town may request the contractor to perform as needed electrical services at Town's facilities.The Contractor shall also perform Underground Service Alerts(USA)at the direction of the Town. The contract(s) which may result from this Request for Proposals will include, but not be limited to,the following provisions: A. Traffic-Sipoal Routine preventive maintenance and repair services for three(3)traffic signals. • Monthly preventive maintenance of all traffic signals. • Repair and replacement of any traffic signal control devices,as requested. • Regular submission (monthly)to the Town of accurate activity records and reports of any and all work and service calls related to the Town's traffic signals. • The Contractor shall furnish temporary replacement traffic signal controllers, preemption units, traffic signal communications and monitoring equipment, detector amplifiers, conflict monitors, video detection systems, power supplies; as well as various other standard traffic signal equipment. Contractor furnished temporary spares shall be identical to the component being replaced in manufacture, make and model. The Contractor shall deviate from this requirement only upon written advance approval from the Town. The Contractor shall provide the temporary equipment at no additional charge to the Town whenever the original units are removed for repair or servicing. • The monthly maintenance service shall be performed within the same week of every month for each intersection. Between any two monthly maintenance services shall not be closer than three weeks for each intersection. The Contractor shall notify Town staff of the scheduled date for preventive maintenance service at least one week prior to performing the service. • Response to all service requests including damage to traffic signals as result of vehicular accidents. Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Exhibit A- Page 1 of 4 L+ • Provide and maintain emergency service response on twenty-four(24) hours a day, seven (7)days per week basis(24/7), including all holidays. Contractor shall provide the Town with a contact name and phone number of personnel responsible for 24)7 services. Contractor shall response emergency requests within two (2) hours. Emergency work may include, but not limited to downed signal poles, damaged controller, signal on flash, signal blackout, etc. B. Radar Speed Feedback Signs • Monthly inspection, cleaning,and report to ensure the proper function. • Programming of the signs upon request. C. Underground Serviceplert(USA)Services The Contractor shall provide Underground Service Alert (USA) services within one working day of receiving notification for any location where Town traffic signal equipment, street lights, radar speed feedback signs, and other related equipment is in a marked dig site. USA services include the marking of all electrical components in Town streets per the latest USA of Northern California and Nevada and Common Ground Alliance guidelines.The Contractor will be required to adequately mark facilities on behalf of the Town in accordance with the California Government Code Section 4216 et seq.The Town's designated representative will monitor notifications submitted by USA to the Town, and will furnish applicable notifications via email to an identified representative of the Contractor to coordinate locating and marking. The Contractor shall assume all liability for satisfying the Town's obligations to adequately identify underground structures in accordance with this law. Detailed Project Specifications A. Traffic Signal Scheduled Maintenance Contractor shall perform the following, routine Monthly Preventative Maintenance and corrective work every month and submit a report that shall include all of the following elements. Monthly Preventative Maintenance 1. Controller Cabinet • Test and Check ground fault receptacle(s). • Observe the general appearance of the cabinet noting any rust or other signs of deterioration and complete/recommend repair work if needed. • Inspect door gasket condition and replace if necessary. • Inspect door lock operation and replace if necessary; operate and inspect ventilation fan and cabinet light(where applicable). Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Exhibit A- Page 2 of 4 b+ • Inspect for pests in cabinet and take corrective action if needed. • Visually inspect all relays, photocells cabinet locks, cabinet fans, switches and make routine adjustments and repairs as necessary. • Move the fan thermostat setting and determine if fan is operable; return thermostat to proper setting. • Measure voltage level at service entrance in cabinet and record and vacuum and clean controller cabinet and contents. • Replace cabinet air filter as needed. 2.Signal Controller • Visually inspect signal controller and controller cabinet components for proper operation and recommend repairs/replacements as necessary. • Check timing of individual signal phases. Contractor shall notify the Town immediately of any operational issue. The contractor shall not make any timing changes unless it is a matter of public safety or is needed for the proper operation of the traffic signal. • Check operation of load switches, relays, isolators, internal modems, conflict monitors and red flash modules. • Check operation of current controller and field master controller. 3. Signal& Pedestrian Heads • Visually inspect all vehicular signals for proper operation and replace outages. Replace all burnt out or flickering indications with LED indications • Walk intersection and visually inspect all signal heads including backplates, visors and indications for proper operation and alignment. Replace all broken parts, align signal heads and adjust all mast arm signs as necessary • Check that all pedestrian signals are in good condition and aimed properly. Make adjustments as necessary. • Inspect, adjust, and repair all mast arm mounted illuminated street name signs and components. 4. Pedestrian Push Button • Actuate each button for proper operation. Visually inspect and note condition. Replace or repair any broken or defective pedestrian push buttons. All new pedestrian push buttons shall be Polara_Brand Bulldog BDI M2 buttons in dark green. • Check all audible and tactile pedestrian signal are in good condition, properly positioned (where applicable), and sounds settings are functioning properly and make repairs as needed. 5. Miscellaneous • Visually inspect other signal hardware • Report all deficiencies Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Exhibit A-Page 3 of 4 410 • Check all signal, pedestrian indication brackets, framework, and terminal compartments for rust,cracks, and missing parts. • Inspect base of pole near concrete foundations for cracks and loose pole base nuts. • Inspect poles for missing and loose band hole covers. • Inspect and tighten all traffic signal mast arm signal heads as required. • Check condition of detector loop wires. • Inspect and repair safety light and all its components (photocells, fixtures, ballast, etc.)as necessary. Perform night check or equivalent by covering the photocell. 6. Battery Back-up Unit(if applicable) • Test and Check ground fault receptacle. • Observe the general condition of the cabinet, noting any rust or other signs of deterioration. • Inspect door gasket. • Inspect door lock operation, repair if necessary. • Operate and inspect ventilation fan and thermostat. • Visually inspect UPS controller system, bypass switch, batteries,fan and thermostat. 7. Conflict Monitor • Test the operation of the conflict monitor and submit report on July of each successive contract year for each signalized intersection with a Town approved testing device specifically designed for that purpose. B. Radar Speed Feedback Signs Scheduled Maintenance • Monthly inspection, cleaning, and report to ensure the proper function. • Programming of the radar speed feedback signs upon request. Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Exhibit A- Page 4 of 4 BEAR ELECTRICAL SOLUTIONS Proposal for Traffic Signal Maintenance and Repair Services FI\ A 11 'IIPR LOS ALTOS CALIFORNIA HILLS YOUR ENGAGEMENT TEAM Brent Paulson Robert Asuncion, TE Sandra Wagness Andrew Bader OS ALTOS HILLS 4 11. kalli February 19,217 BES vs. Town of Los Altos Hills Public Works Department BEAR ELECTRICAL SOLUTIONS Attn: Ms.Tina Tseng, PE—Senior Engineer 26379 Fremont Road Los Altos Hills,CA 94022 Dear Ms.Tseng, PE: Bear Electrical Solutions, Inc. is proud to have the opportunity to propose Traffic Signal Maintenance and Repair Services for the Town of Los Altos Hills (the Town). We are pleased to submit our proposal, which details our philosophy and services, and conveys our commitment to, and enthusiasm for, working with the Town. We have prepared our proposal to respond to the guidelines set forth in your RFP. WE EXIST PURELY TO PROVIDE MAINTENANCE SERVICE WITH THE CORE VALUES OF: Building strong relationships Innovation and curiosity Remaining nimble and agile to with our customers and team to make things better respond to customer's needs. At Bear Electrical Solutions,we believe the key to a successful on-call traffic signal maintenance contract is to provide a human approach to service and to be the best in the maintenance business. We do this by providing a "One- Team" approach which includes employing experienced electricians, striving for innovative and transparent reporting, and above all top-notch customer service. Our team is fully ready to support your Town in terms of labor, equipment, and material for any emergency work on a long-term basis. We have built our business around customers such as Los Altos Hills where our team is virtually an "extension of Town staff." Our testament is our current customer base of 47 public agencies statewide. Our company information is as follows: Mailing address: Project Contactlsl: Brent Paulson, Field Manager& PO Box 924 Robert Asuncion, Project Manager Alviso,CA 95002-0924 Email Address(s): Brent@Bear-FlectricaLcom Company Main Phone: 408-449-5178 & RnherL Bear-Electrical_coin Company Fax: 408-449-5147 We look forward to working with the Town. Sincerely, Mike Peters Andrew Bader Robert Asuncion,TE TABLE OF CONTENTS A401 Content Page # Information / Background on the Proposer and Firm 2 Past Experience / References 3 Key Personnel / Qualifications 4 Understanding of Scope of Work 5-9 Summary 10 Proposed Cost Schedule (Attachment C) ATTACHED (2 PAGES) BEAR ELECTRICAL SOLUTIONS ----- INFORMATION i BACKGROUND ON THE PROPOSER AND FIRM Bear Electrical Solutions,Inc.(BES)is a California licensed(#928079)Class A,C-30,&C-31 electrical contractor specializing in repair, maintenance, and installation of intelligent transportation systems. BES was founded in 2013 by Michael Peters,Andrew Bader,and Robert Asuncion to deliver the best traffic signal and streetlight maintenance service possible to California. Having worked on both the public and private sector side of this niche industry for over 15 years, Robert Asuncion saw the need for an innovative and responsive company to step up and serve. To complement his core strengths,he teamed up with Michael Peters,who had 25+years construction operations experience and Andrew Bader, who had 15+years finance experience to form a well-rounded executive team. Like the GREAT BEAR on our California flag, our buss:iess was huilt on a foundation of strength and solidarity with the core mission of_ "Helping cities and communities design, build, and maintain intelligent transportation systems to save people time and money, increase their safety,and enhance ow local environment" Organization and Personnel BES draws on a staff of 37 that includes: (1) professional licensed traffic engineer, (21)electricians, (2)warehouse persons, (3) project managers, (4) laborers, and(6)office staff. The BES fleet includes several 42-feet reach bucket trucks, (1) 100-ft reach crane,pick-up and dump trucks as well as Bobcats, compressors, and traffic control safety equipment. Our company has(4)service areas—San Francisco Bay Area, Sacramento,Anaheim,and San Diego. Base Operation Bear Electrical Solutions'SF Bay Area field office is located at 1341 Archer St,Alviso, CA located between Hwy 237 and Hwy 880—approximately 12 miles or 23 minutes Location & away from Los Altos Hills Town Hall. Our field office is comprised of a 3,000 square Responsiveness foot enclosed warehouse and 1,000 square foot office. Our enclosed warehouse is stocked with all essential street lighting, traffic signal, underground conduit material supplies as well as our cabinet testing lab station. We are capable of receiving and warehousing Town-owned assets. Field staff assigned to respond to Los Altos Hills during emergency responses and their home locations are as IIIBrent Paulson—Key Electrician—(IMSA Level III)—Union City,CA—30 minutes to Los Altos Hills © Mario Deras—SL Technician (IMSA Level I-pending)—Fremont,CA—35 minutes to Los Altos Hills © Marcus Mougeot—Electrician (IMSA Level I-pending)—Martinez, CA—60 minutes to Los Altos Hills flWill Spencer—Electrician(IMSA Level II-pending)—Morgan Hill,CA—40 minutes to Los Altos Hills James King— Electrician(IMSA Level III)—Prunedale,CA—70 minutes to Los Altos Hills fllames Mike Young-Fiber Optic Specialist—Elk Grove,CA-120 minutes to Los Altos Hills BEAR ELECTRICAL SOLUTIONS -----:: 2 PAST EXPERIENCE REFERENCES Air BES is defined by its people—honest,experienced,forward-thinking,professional,and hard-working. BES team members form collaborative relationships with agencies,developers,design teams,subcontractors and others to assist in delivering the most efficient, desirable, and economical solutions for the Town. BES' business philosophy is dedicated to trusting relationships, excellent customer service,workmanship that has enduring character and meeting or exceeding customer expectations every time. The company currently has 47 public agencies under contract statewide and perform additional installation and repair services for other utility contractors. We can provide a full list of references upon request but have selected the following agencies that are of similar size and scope to the Town of Los Altos Hills to demonstrate our experience: • City of Elk Grove, 154 intersections,John Pumphrey,Operations and Maintenance Manager, (916)687-3064 • City of Citrus Heights, 65 intersections, Leslie Blomquist,Traffic and Signal Ops Supervisor, (916)727-4770 • City of Manteca,51 intersections,John Clymo, Deputy Director Public Works, (209)456-8425 • City of Concord,70 intersections,Todd Wilson,Signal Maintenance Superintendent, (925) 671-3104 • San Joaquin County,43 intersections, Firoz Vohra, County Traffic Engineer, (209)468-3035 • El Dorado County,46 intersections, Don Spear, Deputy Director of Maintenance, (560)621-5900 • City of Fremont, 165 intersections,Sheila Marquises, Senior Trans. Engineer, (510)494-4749 • City of Dixon, 11 intersections, Josh Hudson,Senior Maintenance Manager,(707)678-7051 "Bear provides this city with the best customer service we have received from an electrical contractor in the 9+ years I have been here. I see it in the interactions with the crew, but more importantly from the satisfied citizens that can't believe the turnaround time and service they get..." Josh Hudson, City of Dixon In the past four years, our vision has come to fruition and we are recognized as the leading traffic signal and streetlight maintenance provider in Northern California and the emerging provider in Southern California. What separates us from the rest of the pack is our Capabilities,Communication,and Compassion. CAPABILITIES COMMUNICATION The founders of BES were not the only We are an extension of the cities we serve and their goals and needs are our people who knew the industry needed goals and needs. The only way we can deliver timely, proactive, and a fresh entrepreneurial spirited responsive service is through open communication and teamwork. We have company. Upon forming the company, developed and customized the most innovative technology system in the the best traffic signal and streetlight business to facilitate efficient communication and be in sync with our maintenance technicians in the customers every step of the way. business joined our team with a shared vision of building a pure maintenance COMPASSION service company. We have assembled an all-star group of people who are not Our success is measured by the quality of our service and the happiness of only the best at what they do, but also our people. We are able to achieve this by listening to the customer and the best at who they are as people, putting ourselves in their shoes every chance we can get. BEAR ELECTRICAL SOLUTIONS ----� ,, .;«- 3 • KEY PERSONNEL QUALIFICATIONS t� ti Personnel Experience Years of Service in Traffic Signal&Streetlight Industry: 17 Years Certifications: IMSA level III Certified Specialty: S. ;tip IMSA Work Zone Safety Certified Field and Project illI (tens Certified Technician& Management Installer Experienced in the NEC/DIR Licensed maintenance business (SEW Member for over 17 years. OSHA CERTIFIED C-10 RME James King—Field Manager,Electrician Prunedole East Bay Region Years of Service in Traffic Signal& Years of Service in Traffic Signal& ft Streetlight Industry: 7 Years :- Streetlight Industry: S Years i! Certifications: IMSA Level III Certifications: IMSA Field Level l-pending IMSA Work Zone Safety Certified IMSA Work Zone Safety NEC Licensed,OSHA Certified Naztec&Actelis Factory-trained Specialty: 170/2070 Controllers,Utility locating t` Specialty: Proficient in both NEMA and traffic signal and streetlight 170 platforms. maintenance Inside wireman Brent Paulson,Field Manager Rey Electrician for Los Altos Hills Marcus Meugeat,Electrician Martinez East Bay Region Years of Service in Traffic Signal& Years of Service in Traffic Signal& • 1 Streetlight Industry: 9 Years Streetlight Industry: 2.5 Years ' - IMSA Levelll-pending u: Certifications: IMSALevell pending Certifications: IMSA Work Zone Safety Certified IMSA Work Zone Safety Certified t y OSHA Certified ak at4 • Nartec&Actelis Factory-trained i Knowledgeable In maintenance and Specialty: 170/2070 Controllers streetlight upgrades ITS gear Will Spencer,Electrician Morgan Kill S Region Mario Peres,Streetlight Tech Fremont East Boy Region Years of Service in Traffic Signal&Streetlight Industry: 12 Years(Private Sector)&6 Years(Public Sector) aaW Certifications Professional Engineer License in Specialty: &Licenses: Traffic Engineering—TRJI 2156 Traffic Engineering- _n,, t yy IMSA Level III Field Electrician Signal Operations,Signal IMSA Level II Bench Electrician Coordination and Design California Contractor License LA Class A—No.982079 Robert Asuncion—Traffic Engineer/Project Manager for Los Altos Hills San Jose Statewide Fiber Optic work is performed by sub-contractor: Owner/Operator — James Michael Young- Intelecom & Fiber, Inc. BEAR ELECTRICAL SOLUTIONS ----- . .. , 4 UNDERSTANDING OF SCOPE OF WORK ti% I Innovative Approach to Traffic Signal Maintenance One of the company's core values is to provide innovative solutions to making things better not only from a practical perspective but also from a philosophical perspective. For the Town of Los Altos Hills,we propose to carry the"extension of Town staff"theme to a deeper level. • Our regular work time and overtime hours will coincide with Town hours-As the typical industry trade hours are usually different from Town hours,we have listened to many of our customer requests and have adjusted our work hours to mirror Town work hours. • Professional engineering consulting and quality control oversight. BES Principal Robert Asuncion is a licensed professional traffic engineer specialized in signal operations, design, and timing. BES will provide engineering support for nominal fee for minor traffic signal operational issues and also for traffic signal grant application work. • "Work Smarter, Not Harder." BES will be operating and sharing with the Town the company's service tracking tool called the STAR system. Town of Los Altos Hills will be trained and given an online portal to access service work orders as well as reporting and analysis capabilities to help with budget tracking and forecasting. • BES will always have a minimum of three electricians on-call from the Town of Los Altos Hills at any given time. Service Tracking And Reporting (STAR) System Since our company exists purely to provide innovative and responsive traffic signal and streetlight maintenance service, we knew we had to leverage technology to deliver on our promises. The STAR system is fundamental to our work plan and is ever- present in all our business processes enabling efficiencies and real time communication. Our STAR system is the guiding force for our approach to service. It provides a real-time interface for our customers and our team to submit, capture data, and close out work order incidents. It also provides access to all of your important infrastructure information such as • installed assets, locations, and "stock" inventory BES has on-hand. Because we capture this data real time and in a centralized organized fashion, the opportunities for reporting and analysis are endless. Not only does it make both our lives easier,but the data we capture tells • a story that enables you to make smarter decisions in how you manage your Town. In developing our STAR System, we took the best cloud based, customer relationship and service management technologies—Salesforce,Servicemax,and Geopointe—and customized - a tailor made solution for our customers. The STAR system allows us to provide: Efficient real time communication to you via your own online portal Efficient dispatch and routing for techs—saves you time and money because we work smart One centralized place for all your data—assets, locations, and our stock inventory Smart reports and analysis to drive better decisions on how to maintain your infrastructure BEAR ELECTRICAL SOLUTIONS ----® Vi '.. 5 UNDERSTANDING OF SCOPE OF WORK (CONTINUED) Mies Our Approach to Service for this Contract System Setup and Customization Our initial step to our work approach is to"Setup and Customize"our STAR System(our Electronic Records Management system)to effectively communicate contract work requirements. This step involves uploading customer asset information such as intersection names, facility types, and asset information including equipment brands, model no., etc. on a per location basis. Additional information included is a list of Town personnel authorized to issue work requests. Contract rates and custom pay items are entered into the system as well. Moreover,we enter any customer requested details for each location to make it easier for the customer to manage the data per site. One of the key benefits to our STAR system is the degree to which it is customizable to each customer. Understanding your requirements as well as exploring some benefits you may not have even considered is critical to this process. During this step, we also input our company information in terms of office location and technicians who will be specifically assigned to your Town. We envision this phase of the work plan to consist of one face to face meeting to define the details and then one week to implement the core system details. Routine Maintenance Processes The work to be performed per the Town's RFP is entered into our system and the frequency of work is defined whether a daytime or night time routine. This allows us to communicate both to the Town and our employees what tasks and expectations are to be performed for that given location on a work order basis. Work orders are created per location a few days preceding the start of the month. As work orders are performed by our technicians, anyone logged into our system can view the status of each work order. It is our intent to also upload each of the required Los Altos Hills Items (per RFP "Traffic Signal Scheduled Maintenance" and "Radar Speed Feedback Signs Scheduled Maintenance)for each location per each work order as it is completed. When all routine work orders are completed,we can automate the email of reports to the Town or print reports out to be mailed along with the invoice. Our system reporting is highly customizable and is geared to provide"smart"data that can be used for business analysis. Response Maintenance Processes Our system allows for the Town to communicate work requests either via phone, email, case creation through your website portal, or fax. Our in-house dispatcher logs all incoming work requests into our system and then communicates the work request to the Field Supervisor who then delegates this work order to the appropriate technician(s). A dedicated phone number of 1-800-GO BEAR1(1-800-462-3271) is available 24/7/365 for all call Inquiries. As each work order is entered into our system by our staff, an email receipt can be generated to show proof of acknowledgement real time. Since each of our technicians are equipped with their own bucket truck stocked with the common traffic signal and street lighting commodities,our technicians are able to respond to unscheduled work requests within(1)hour during normal business hours and (2)hours during non-business hours. For knockdown type response calls, it will be our intent to perform permanent repairs immediately during the initial response period. If the conditions are such that additional work is needed (i.e. new foundation work or oversized pole),we will ensure a safe, compliant temporary condition is left at the site. A proposal will then be drafted for Town approval for permanent repairs. Immediate phone call reporting knockdowns or any major response work will be communicated to the Town real-time and email documentation and cost budgets will be communicated as it is feasible so there will be no surprises in costs. BEAR ELECTRICAL SOLUTIONS ----- `:- 6 UNDERSTANDING Of SCOPE OF WORK (CONTINUED) L� tI Equipment Testing, Inspection, and Repair BES is a product neutral company and is not affiliated with any specific manufacturer. Our team are experts in traffic signal and streetlight maintenance and as such we have become familiar and well versed with all older and newer traffic signal and streetlight technologies. Being dedicated solely to the maintenance business, we are afforded the ability to seek and gain proper training and certification to implement, install, and troubleshoot various technologies without any bias. Manufacturers such as Econolite, Trafficware-Naztec,Fortel Traffic, Iteris,Western Systems,Carmanah,etc. proactively provide our electricians and staff proper training and technical support. With this,we are able to pass down and offer the same support to cities such as Los Altos Hills. We become an "extension of staff' for these ITS manufacturers. With this, we are able to repair your components in an expedient and"unbiased"manner and provide letters of certifications,discrepancy lists,cabinet reports and testing checklists. BES is currently the third-party cabinet and controller tester and turn-on support for cities such as: • Fremont • Losros R -re • Newark • Contra Costa County uM -• • Elk Grove (AdA� • San • Carlsbaduin County SERVICES, INC. And private companies such as: — •I • • JAM Services �`—'.•.� - '-° � • Western Systems F"- .. [511 • Cal Signal Corp • Mc Cain ..,+ _ - cal signal corp ECONOLITE We self-perform all our testing at our lab in Alviso, CA and our lab is operated by our IMSA Level III Bench Electrician,James WesternKing. $y$tems We use the latest ATSI testing devices to test conflict a monitors,components,and cabinets. l,f.,••• y� We have excellent relationships with all the manufacturers and have a process in working with each respective T manufacturer for any warranty or technical support 6lgmee,nd t4°Naztee With our traffic signal equipment testing and inspection capabilities and experience,BES is currently project sponsor !Ai PROSPECT to Prospect Silicon Valley. For Prospect Silicon Valley,we have built this organization a working laboratory to test and Silicon Valley operate all the latest"connected vehicle"technologies. (more information on Prospect Silicon Valley can be found at http://prospectsv.org/sponsors-and-partners/) BEAR ELECTRICAL SOLUTIONS --ina -,::.!....2 7 UNDERSTANDING OF SCOPE OF WORK (CONTINUED) t4 ' Detector Loop Testing & Utility Locating All our traffic signal electricians are skilled and able to perform standard detector loop testing as well as"mark&locate" capabilities. We use industry standard meggers and line locators to provide integrity testing and physical locating. We provide semi-annual loop testing for several of our clients such as Elk Grove and Fremont where we provide full citywide detector lead-in cable and actual loop integrity testing and reporting. With our reporting,we are able to identify and recommend failures or forecast potential issues in the future. We are experts in this and can provide the Town with expert advice and recommended best practices to have the longest and best life for your loops. Our electricians are also experts in utility line locating and are equipped to"mark&locate"your utilities such as traffic signal,streetlighting,conduits,and fiber optics. 11 Y117 al; irnisia: "'"?- tl- - 1 %;: - ' C. Fiber Optics Through our partnership with Mike Young, Owner and Operator of Intelecom and Fiber, Inc., BES is able to provide emergency fiber optic services. Through our collaborative efforts our company is able to provide: ;,;.•. - • OTDR testing • Troubleshooting and Repair-Mechanical and Fusion Splicing(Section Throw) stiliPail • System Expansion, Migration, and Re-distribution A few of our customers who currently utilize our fiber optic services are: • Citrus Heights • Fremont • Watsonville • Santa Clara Traffic Engineering & Expert Witness Services One of the founding owners of BES is Robert Asuncion and he is California Licensed Traffic Engineer(TR#2156). As an owner and licensed engineer, Robert provides signal timing review and development services for both basic and advanced (isolated, coordinated, pre-empt)timing. BES also teams up with Traffic Pattern's owner,Jaime Rodriguez on larger traffic engineering consulting projects such as ITS design and major timing projects. (www.TrafficPatterns.net) Regarding expert witness services, BES can provide certification or audit services relating to red light camera enforcement practices or safety timing. BES provides these services regularly for City of Capitola Police Department, Elk Grove, and Carlsbad. BEAR ELECTRICAL SOLUTIONS -----'. + 8 UNDERSTANDING OF SCOPE OF WORK (CONTINUED) LE� 1 Accidental Damage Repair BES are experts in providing accidental damage repair (emergency response) services to our customers. With traffic engineers, electricians, and laborers on-staff and ready—not to mention that we are a small, nimble company—we have the stock equipment, labor and equipment resources to respond quickly and safely to any traffic signal or streetlight knockdown and get the situation to a safe condition. We have excellent business relationships with all the major traffic signal and streetlight suppliers — most of which keep regular items in stock specifically for our company—that we typically have the best lead times for most traffic signal and streetlight materials. Also with the fact that our company has (4)stocked warehouses throughout California to pull from—we typically have all the materials you need for a knockdown already in stock. Training At BES,we value all aspects of training—whether it is safety,component or system,or just in-house management training —we invest in our personnel as well with our customers in providing excellent training. We typically teach our customers proper field design,programming of controllers or other ITS devices,traffic signal systems, traffic signal timing on a regular basis. For the Town of Los Altos Hills,we can provide basic training for free. For larger scale training exercises,we would ask for a small compensation to cover miscellaneous expenses such as training material or travel expenses. t a ¢' O Joint Bear Electrical Services& Western Pacific System Training Session for our customer—City of Citrus Heights(Dec 2015) BEAR ELECTRICAL SOLUTIONS -----' ,_` ° ` q SUMMARY L` Bear Electrical Solutions, Inc. meets all the minimum qualifications and is highly qualified to provide on-call traffic signal and streetlight maintenance and emergency response for the Town of Los Altos Hills. BES' staffs previous working knowledge of Los Altos Hills's roadway network,traffic signal system, radar speed feedback signs, as well engineering staff provides an easier transition and immediate positive result. (We have worked with Richard Chiu in the past as well as working with Allen Chen when he worked for the City of Fremont.) BES also has a positive working relationship with neighboring agencies such Los Altos, Mountain View, and Menlo Park. BES'core values of Capabilities, Communication,and Compassion matches well with Town of Los Altos Hills whereas our company can provide: • Capabilities—our experienced field staff during any emergency or request by Town; • Communication—we value communication and have built processes and systems to address this; • Compassion—we understand the success of this project can only be achieved by how well we service the Town of Los Altos Hills and how well our service is perceived by the constituents of Los Altos Hills. BES is solely in the traffic signal and streetlight maintenance business—not a construction company or not a division of a product company. Though our company has been established for four(4)years—our combined personnel experience in the maintenance industry is over 150 years old. We are still considered a small company which allows us to be quick and nimble—critical in the traffic signal and streetlight business. But strong enough to have a service area of the entire state of California and proudly service 47 agencies. We would be honored to have the opportunity to show our value to the Town of Los Altos Hills. NOTE: We take NO EXCEPTIONS to the Town agreement and we fully comply with all the stipulations and requirements of the RFP. BEAR ELECTRICAL SOLUTIONS ----allir. ' to V EXHIBIT B COMPENSATION SCHEDULE Attachment A List of Signalized Intersections Major Street Cross Street r El Monte Rd Voorhees Dr/St. Nicholas School Dwy 2 EI Monte Rd Stonebrook Dr 3 El Monte Rd Foothill College Entrance Attachment B List of Radar Speed Feedback Signs Street Location I Fremont Rd(Eastbound) West of Gardner Bulls Elementary School z Fremont Rd(Westbound) East of Gardner Bulls Elementary School Attachment C Cost Proposal(Must be submitted with proposal) r. Flat Rate Routine Maintenance Schedule Work Description Quantity Unit Unit Price Total Monthly A Regular Routine 3 Per Maintenance for Traffic Intersection) 5125 oo $375.00 Signal System Per Month B Regular Routine 2 Per Sign) Maintenance for Radar Per Month $75.00 $150.00 Speed Feedback Sign Total Contract Cost per Month $525.00 a. Underground Service Alert(USA)Locating and Marking Flat Rate Per Ticket Rates $150.00 Per Ticket S. Scheduled Repair Services Description Unit Price i Replace Type A Loop(i to 4 loops) $ 800.00 per loop 2 Replace Type A Loop(5 or more loops) $ 750.00 Per loop 3 Replace Type D Loop(+to 4 loops) $ 900.00 Per loop 4 Replace Type D Loop(5 or more loops) $ 850.00 Per loop 5 Vehicle LED Face Replacement $ 120.00 Per Face 6 Pedestrian LED Face Replacement(Countdown Display) $ 325.00 Per Face Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Exhibit B-Page 1 of 2 V 'S 7 Pedestrian Push Button Replacement(Polara Bulldog BDLM2 5 225.0o Per Dark Green) Button Special Note: The unit price for the Scheduled Repaired Services represents total compensation for all labor,material,equipment,and vehicles necessary to complete the corresponding task.For any work not listed on the Scheduled Repair Services,the Con tractor shall submit a cost proposal to the Town prior to performing the work. 4. Service Response and Emergency Response Services - List personnel and labor cost to perform non-routine Maintenance Work lob Title(Complete by Contractor) Straight Time 5/Hour Overtime 5/Hour Electrician $140.00 $230.00 Laborer $80.00 $110.00 Traffic Engineer $175.00 $225.00 5. Equipment Rate for non-routine Maintenance Work Equipment Category Rate 5/Hour Bucket Truck $30.00 Crane Truck $250.00 Dump Truck $30.00 6. Material Mark-Up Material Mark-up will not exceed 15 %of supplier's invoice price (cost)that will be furnished to the Town in any cost proposal for emergency response work. Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Exhibit B-Page 2 of 2 V � EXHIBIT C PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week,except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. C. The Contractor and its subcontractors shall forfeit as a penalty to the Town $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the Town has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the Town Public Works Office and shall be made available on request. The Contractor and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. B. In accordance with Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775,which establishes a penalty of up to$50 per day for each worker engaged in the performance of the services described in Exhibit A that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence,or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages,or the previous record of the Contractor or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Exhibit C-Page 1 of 3 41-111 11110 prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their obligations under the California Labor Code. The Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements: 1. The contract executed between the Contractor and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records. 3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages,the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with Califomia Labor Code Section 1776,the Contractor and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number,work, straight time and overtime hours worked each day and week,and the actual per diem wages paid to each joumeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives,the Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Exhibit C- Page 2 of 3 Li V Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. D. In accordance with California Labor Code Section 1777.5, the Contractor,on behalf of the Contractor and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such)for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. Consulting Services Agreement between July 1, 2017 Town of Los Altos Hills and Bear Electrical Solutions Exhibit C- Page 3 of 3