HomeMy WebLinkAboutAGENDA REPORT 2019 0619 REG CCSA ITEM 10OCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of June 19, 2019
ACTION Approved Staff
Reco mmendation. BY
B.Garza
O. Consider Award of Agreement to Siemens Mobility Inc., for Streetlight
Maintenance Services. Staff Recommendation: 1) Approve Agreement with
Siemens Mobility, Inc., with two, one-year renewal options, for Streetlight
Maintenance Services for a not-to-exceed amount of $50,000, subject to final
language approval of the City Manager; and authorize the City Manager to
execute the Agreement; and 2) Authorize the City Manager to amend the
Agreement by an additional 10% (or $5,000) upon City Manager’s discretion.
(Staff: Shaun Kroes)
Item: 10.O.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Program Manager
DATE: 06/19/2019 Regular Meeting
SUBJECT: Consider Award of Agreement to Siemens Mobility Inc., for
Streetlight Maintenance Services
BACKGROUND
On July 26, 2017, the City Council approved the Purchase and Sale Agreement and
Light Pole License Agreement with Southern California Edison (SCE). On September
11, 2018, the Parks, Recreation and Community Services Department issued a Request
for Proposal (RFP) for Turnkey Streetlight Services. Three companies submitted
proposals:
• MSL Electric
• Siemens Mobility, Inc.
• Tanko Lighting
The City Council approved awarding an Agreement to Siemens Mobility, Inc. (Siemens)
on November 7, 2018 and an Agreement was executed on November 30, 2018.
Siemens’ Agreement includes pre- and post-acquisition tasks including.
Pre-acquisition:
• Auditing the system to ensure the number of poles to be sold is accurate;
• Geolocation of the poles to facilitate creation of an identification and
management system;
• Include the poles that SCE has identified as “not for sale” and the current LS-2
rated poles in the system audit, so that the City will have a complete system
inventory of all streetlight poles (except those poles within private gated
communities).
Post-acquisition:
• Confirming that the rate change from LS-1 to LS-2 has been completed for the
transferred assets.
• Running photometric studies on certain representative areas in order to guide the
City’s selection of potential fixtures.
Item: 10.O.
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Honorable City Council
06/19/2019 Regular Meeting
Page 2
• Retrofitting the acquired SCE streetlights from high pressure sodium (HPS) to
light emitting diode (LED). Conversion from HPS to LED will include the City
performing public outreach to identify a couple of neighborhoods to implement a
fixture pilot program and help select the best light fixture that the City will
purchase. The conversion from HPS to LED will reduce the City’s energy costs.
As a reminder to the City Council, while the City and Siemens have been identifying
problems (such as burned out HPS lights) that SCE should correct prior to acquisition;
the light poles are being procured “as-is”. Once Siemens begins implementation of
retrofitting the street lights from HPS to LED, they may discover problems (such as
wiring) that were not visible prior to acquisition and the City will need to perform those
upgrades through the Siemens’ acquisition Agreement.
DISCUSSION
A separate Agreement for streetlight maintenance services is necessary once the
acquisition of SCE’s streetlights is completed. Siemens has submitted a proposal for
providing the streetlight maintenance services, which includes routine and extraordinary
maintenance. As detailed in their proposal, Siemens will provide the necessary
equipment, personnel and infrastructure to maintain the City owned streetlights. Some
of the services/features of the Agreement include providing a 24/7 call center, bucket
trucks and crane lift. Siemens will also stock necessary equipment and replacement
parts to ensure the timely repair of streetlights that may experience technical problems
or are damaged by vehicles, such as knockdowns. For routine maintenance, the
response time for reported light outages is anticipated to be within 5 business days.
The number of reported light outages is expected to decrease over time as the
conversion from HPS to LED is completed.
Siemens’ anticipated response time to knockdowns is within one hour of receiving a
knockdown report. Siemens’ initial response will be to secure the area, de-energize the
street light and remove any fallen debris and clean the area. Siemens will then provide
City staff with a quote for pole repair and provide repair services upon City approval.
Siemens’ proposal is based upon an anticipated City acquisition of approximately 2,229
streetlights. The per fixture/pole/month rate for routine maintenance allows for a
variable monthly rate depending on the number of actual streetlights procured, as well
as the type of streetlights that are in service. For example, upon initial acquisition of the
streetlights, there will be a transition period of HPS lights (which are $1.55 per month
each) to LED lights (which are $0.79 per month each). This means the monthly rate for
routine maintenance could average from $3,454.95 to $1,760.91 as the HPS lights are
converted to LED. Routine maintenance also includes quarterly streetlight operation
review (performed at night) at a cost of $795.00 per quarter.
869
Honorable City Council
06/19/2019 Regular Meeting
Page 3
FISCAL IMPACT
The Agreement has a not-to-exceed limit of $50,000 and will be funded with Citywide
Lighting and Landscaping Fund (2300), through expense line 2300-312-P0006-51210.
Streetlight maintenance costs are expected to be covered by electricity savings (through
a reduced SCE electrical rate change upon ownership of the poles and further electrical
savings by converting from HPS to LED light fixtures).
Siemens’ proposal includes two “Routine Maintenance” fees dependent on the type of
light fixture that is in place at the time of maintenance. The monthly rate for HPS is
$1.55 “per fixture; per pole; per month” and the monthly rate for LED is $0.79 is “per
fixture; per pole; per month.” There is also a “Quarterly Streetlight Operation Review
(night check)” rate of $795.00. Staff is projecting routine maintenance expenses of
$27,699 based on the assumption of two months of HPS light fixture service and ten
months of LED fixture service. Routine maintenance expenses are within line with what
expenses were projected to be when City Council considered procurement of the street
lights ($29,173) for the first year.
Should the conversion from HPS to LED be extended while the City determines the type
of LED fixture to be selected, routine maintenance expenses will be higher than
projected. Assuming the routine maintenance expenses are correct, the remaining
$22,301 would be available for extraordinary maintenance expenses, such as street
light pole knockdowns, wiring work, or requests to install house side shields.
The Agreement’s initial term is to June 30, 2020, but includes two, one-year renewal
options, which must be approved by City Council through an amendment. The
Agreement also includes a clause stating that the City Manager can amend the
Agreement to increase the not-to-exceed amount by 10% (or $5,000) if authorized by
the City Council.
STAFF RECOMMENDATION
1. Approve Agreement with Siemens Mobility, Inc., with two, one-year renewal
options, for Streetlight Maintenance Services for a not-to-exceed amount of
$50,000, subject to final language approval of the City Manager; and authorize
the City Manager to execute the Agreement; and
2. Authorize the City Manager to amend the Agreement by an additional 10% (or
$5,000) upon City Manager’s discretion.
Attachment: Siemens Agreement
870
ATTACHMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
SIEMENS MOBILITY, INC., FOR STREETLIGHT MAINTENANCE SERVICES
THIS AGREEMENT, is made and effective as of this _________ day of
________________________, 2019, between the City of Moorpark, a municipal
corporation (“City”) and Siemens Mobility, Inc., a corporation (“Contractor”). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for streetlight maintenance services; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal dated March 27, 2019,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to June 30, 2020.
The Agreement may be extended for up to two (2), one-year extension options upon
mutual agreement. City shall provide a minimum of ninety (90) days written notice in
advance of current Agreement expiration date of intent to exercise the option. Rates
and terms of extension shall be negotiated and approved by City Council.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide streetlight maintenance services, as set forth in Exhibit
C. In the event there is a conflict between the provisions of Exhibit C and this
Agreement, the language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit C.
Contractor’s streetlight maintenance services as detailed in Exhibit C shall begin upon
the City’s closing on the purchase of streetlights from Southern California Edison and
upon notification from the City to begin providing streetlight maintenance services.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of fifty thousand dollars ($50,000.00) as stated in Exhibit C, without a written
amendment to the agreement executed by both parties. Payment by City to Contractor
shall be in accordance with the provisions of this Agreement.
871
City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations (DIR).
Contractor agrees to comply with and be bound by all the terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term
of this Agreement. For every subcontractor who will perform work on this project,
Contractor shall be responsible for subcontractor’s compliance with (a) and (b), and
Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor
Code Section 1725.5 requires all contractors and subcontractors to annually register
with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Michael Hutchens, and no other individual may be
substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual
time spent on the above tasks. This amount shall not exceed fifty thousand dollars
($50,000.00) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
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executed by both parties. The City Manager, if authorized by City Council, may approve
additional work not to exceed ten percent (10%) of the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Contractor’s fees or expenses it shall give written notice to Contractor
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor’s control, and without fault or negligence of the
Contractor, it shall not be considered a default.
If the City Manager or the City Manager’s designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Contractor a written notice of
the default. The Contractor shall have five (5) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
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Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of two
hundred fifty dollars ($250.00) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Contractor
under the terms of this Agreement. Progress payments made by the City after the
above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Contractor. With respect to computer files, Contractor shall make
available to the City, at the Contractor’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance of its obligations under this Agreement or out of the
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operations conducted by Contractor, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor’s performance of this Agreement,
the Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Contractor
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
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conduct of Contractor or any of Contractor’s officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City and Contractor shall comply with Exhibit B, California Public
Contract Code Section 9204, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Contractor shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
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16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Siemens Mobility, Inc.
Attn: Steven Teal and Michael Hutchens
2240 Business Way
Riverside, CA 92501
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
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19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Contractor understand and agree that the laws of the State of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Contractor may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
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shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Contractor’s
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK SIEMENS MOBILITY, INC.
By:_______________________________ By:_______________________________
Troy Brown, City Manager Steven Teal, Director of Services
By:_______________________________
Michael Hutchens, Operations Manager
Attest:
__________________________________
City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $2,000,000 per occurrence for all covered losses and no less than
$4,000,000 general aggregate.
Contractor’s policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor’s employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability for
each such person.
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Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right
to subrogation prior to a loss. Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. 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 operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
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6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
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12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. 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
specification applicable to the renewing or new coverage must be provided to the
City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. 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 limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
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20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
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EXHIBIT B
PUBLIC CONTRACT CODE SECTION 9204
9204. (a) The Legislature finds and declares that it is in the best interests of the state
and its citizens to ensure that all construction business performed on a public works
project in the state that is complete and not in dispute is paid in full and in a timely
manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing
with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section
19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part
3, this section shall apply to any claim by a contractor in connection with a public works
project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties
for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and payment
for which is not otherwise expressly provided or to which the claimant is not otherwise
entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B),
a state agency, department, office, division, bureau, board, or commission, the
California State University, the University of California, a city, including a charter city,
county, including a charter county, city and county, including a charter city and county,
district, special district, public authority, political subdivision, public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out
the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that
department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of
that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under
its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part
3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
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(4) “Public works project” means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the
claim applies shall conduct a reasonable review of the claim and, within a period not to
exceed 45 days, shall provide the claimant a written statement identifying what portion
of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public
entity and a contractor may, by mutual agreement, extend the time period provided in
this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a
written statement identifying the disputed portion and the undisputed portion of the
claim, and the governing body does not meet within the 45 days or within the mutually
agreed to extension of time following receipt of a claim sent by registered mail or
certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day
period, or extension, expires to provide the claimant a written statement identifying the
disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. If the public
entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity
fails to respond to a claim issued pursuant to this section within the time prescribed, the
claimant may demand in writing an informal conference to meet and confer for
settlement of the issues in dispute. Upon receipt of a demand in writing sent by
registered mail or certified mail, return receipt requested, the public entity shall schedule
a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer
conference, if the claim or any portion of the claim remains in dispute, the public entity
shall provide the claimant a written statement identifying the portion of the claim that
remains in dispute and the portion that is undisputed. Any payment due on an
undisputed portion of the claim shall be processed and made within 60 days after the
public entity issues its written statement. Any disputed portion of the claim, as identified
by the contractor in writing, shall be submitted to nonbinding mediation, with the public
entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed
portion of the claim has been identified in writing. If the parties cannot agree upon a
mediator, each party shall select a mediator and those mediators shall select a qualified
neutral third party to mediate with regard to the disputed portion of the claim. Each party
shall bear the fees and costs charged by its respective mediator in connection with the
selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim
remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an independent
third party or board assists the parties in dispute resolution through negotiation or by
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issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this
section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the
mediation conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes
under private arbitration or the Public Works Contract Arbitration Program, if mediation
under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time
periods described in this subdivision or to otherwise meet the time requirements of this
section shall result in the claim being deemed rejected in its entirety. A claim that is
denied by reason of the public entity’s failure to have responded to a claim, or its failure
to otherwise meet the time requirements of this section, shall not constitute an adverse
finding with regard to the merits of the claim or the responsibility or qualifications of the
claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at
7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim
against a public entity because privity of contract does not exist, the contractor may
present to the public entity a claim on behalf of a subcontractor or lower tier
subcontractor. A subcontractor may request in writing, either on his or her own behalf or
on behalf of a lower tier subcontractor, that the contractor present a claim for work
which was performed by the subcontractor or by a lower tier subcontractor on behalf of
the subcontractor. The subcontractor requesting that the claim be presented to the
public entity shall furnish reasonable documentation to support the claim. Within 45
days of receipt of this written request, the contractor shall notify the subcontractor in
writing as to whether the contractor presented the claim to the public entity and, if the
original contractor did not present the claim, provide the subcontractor with a statement
of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or
specifications for any public works project that may give rise to a claim under this
section.
(f) A waiver of the rights granted by this section is void and contrary to public policy,
provided, however, that (1) upon receipt of a claim, the parties may mutually agree to
waive, in writing, mediation and proceed directly to the commencement of a civil action
or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable
change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the contractual provisions do not conflict with or
otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or
grants available through a competitive application process, for the failure of an awardee
to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is
repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes
or extends that date.
(Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed
as of January 1, 2020, by its own provisions.)
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City of Moorpark, California Page 1 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
Helping Our Communities Become Vibrant,
Growing & Green
Proposed to:
Mr. Shaun Kroes
Public Works Program Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
CITY OF MOORPARK PROPOSAL FOR STREETLIGHT MAINTENANCE SERVICES
EXHIBIT C
889
City of Moorpark, California Page 2 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
TABLE OF CONTENTS
TABLE OF CONTENTS ......................................................................................................................................................2
LETTER OF INTRODUCTION ............................................................................................................................................3
ONGOING MAINTENANCE .............................................................................................................................................4
SCOPE OF WORK ..............................................................................................................................................................4
STATEMENT OF QUALIFICATIONS ................................................................................................................................6
TECHNICAL RESOURCES AND CERTIFICATIONS .............................................................................................................................. 7
PROJECT APPROACH/METHODOLOGY ........................................................................................................................8
OUR APPROACH ........................................................................................................................................................................ 8
VEHICLES, EQUIPMENT & RESOURCES ......................................................................................................................................... 9
REPORTING AND RECORD KEEPING ............................................................................................................................................. 9
MATERIAL INVENTORY .............................................................................................................................................................. 10
CONTRACTOR’S LICENSE .............................................................................................................................................. 11
PRICING ........................................................................................................................................................................... 12
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City of Moorpark, California Page 3 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
LETTER OF INTRODUCTION
March 27th, 2019
Mr. Shaun Kroes
Public Works Program Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Proposal for Streetlight Maintenance Services
Mr. Kroes,
Siemens ITS would like to express our appreciation for the opportunity to provide this proposal for streetlight
maintenance services. The prices and terms stated in our proposal will remain in effect for the term necessary to
facilitate the award process from the date of submission, March 27th, 2019.
We have a long history of providing routine and around-the-clock emergency maintenance, traffic engineering
and design/build transportation improvements. We provide a complete range of services to address a
customer’s solution and service lifecycle requirements, including: engineering, consulting, installation and
commissioning, maintenance, repair and other value added services.
Siemens is an industry leader in maintenance services, energy efficiency retrofitting, advanced technology
implementations, and service upgrades of traffic signal and streetlight systems.
We take pride in providing complete solutions to our maintenance customers. Providing knowledgeable/ qualified
personnel, rapid response times and innovation are priorities of our organization. We look forward to serving the
needs of the City of Moorpark and thank you in advance for your consideration.
During the evaluation, if the City should have any inquiries regarding this proposal please, feel free to contact us
using the contact information listed below.
Respectfully,
Siemens Industry, Inc.
Steven M. Teal
Director of Services
2250 Business Way
Riverside, CA 92501
(951) 784-6600 (office)
(714) 497-5043 (cell)
steven.teal@siemens.com
Siemens Industry, Inc.
Michael J. Hutchens
Area Operations Manager
2250 Business Way
Riverside, CA 92501
(951) 784-6600 (office)
(714) 448-6943 (cell)
michael.hutchens@siemens.com
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City of Moorpark, California Page 4 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
Ongoing Maintenance
A Siemens street light maintenance program is designed to eliminate and reduce malfunctions, complaints, and
potential hazards throughout the community. Through the comprehensive maintenance program, Siemens will
be responsible for maintaining the newly acquired streetlight from SCE and any additional lights the City deems
necessary.
The Siemens maintenance organization utilizes internal controls to ensure excellent customer service. This
includes direct management support from our Service Account Managers, ensuring that adequate resources are
assigned to each service account. Siemens strives for excellent service for streetlight maintenance and repair.
Scope of Work
Routine maintenance will consist of all operations and repairs to keep the lights on; starting from the utility feed
point of the street light through the entire circuit owned by the City, to the final streetlight fixture. Siemens will
provide the necessary equipment, personnel and infrastructure to maintain the City owned streetlights
throughout the contract term. This includes a 24/7 call center, bucket trucks, crane lift and qualified
electricians and technicians to provide excellent service. A detailed list of scope items included in our routine
maintenance can be found below.
Routine Maintenance Extraordinary Maintenance
RMA Of LED Fixture (Shipping and Handling) Pole Knockdown Make Safe & Disposal and/or Salvage
& Stack
Warranty Defective LED - 0.5% Per Year New Pole Installation
Traffic Control Pole Foundation Replacement
General Cleaning During Call Out Mast Arm Replacement
Outage Night Checks (quarterly) LED Fixture Replacement
Photocell Replacement Wiring Repair
Fuse Replacement Overhead Wire Replacement
Hand Hole Covers (10 per year) Pole Painting
Routine maintenance response to reported light outages will be within 5 business days. Siemens typically
responds to groups of outages to reduce the overall cost of the maintenance program. Should the City desire
faster response times, Siemens can modify the maintenance price to reflect additional truck rolls to increase
response.
In addition to providing the routine maintenance services keeping the lights on, Siemens provides emergency
response to pole knockdowns and other electrical system needs. For emergency response our technician will be
onsite within one hour of the report to Siemens. The technician will then make the area safe, deenergize the
street light and then remove the fallen debris and clean the area. Staff will then follow up with a quote for the
pole repair and execute the installation per City approval.
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City of Moorpark, California Page 5 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
Other additional extraordinary response items include new pole installation, wiring repairs/reconfigurations,
pole painting and graffiti abatement. As the extent of the extraordinary maintenance effort can vary widely;
Siemens will provide this service on a time and materials basis, based on a schedule of rates.
Some additional items included in our standard service are:
• A 24/7 call and dispatch center available to the City and the members of the community. • Online outage reporting webpage:
https://partners.sea.siemens.com/Siemens.Industry.Mobility.CS.Web/CreateNewRequestAnonymousUse
r.aspx
• All traffic control and safety equipment to protect technicians and the public
• Coordination with city staff, residents, and businesses for difficult access to lights
• Highly qualified and trained personnel
• Fleet of specially outfitted vehicles, which are supplied with the latest tools
Our maintenance service is backed by technology in order to make for high quality service. The platform allows for
City staff to track the outstanding work orders in near real time and query previous work for billing and planning
purposes. Our technicians carry iPads and smartphones which sync up with the platform and allow for seamless
workflow and inventory management. City staff are already familiar with this system, as we provide it for the
traffic signal maintenance, and we will integrate the streetlights into the same system. Siemens is aware of the
requirement for citizen access to the maintenance system. Siemens has a streetlight outage website that citizens
can report any outage they see in the field. In addition, should the city want to grant access to track work orders,
our system can accommodate that request. By simply adding a link to the City website and creating a generic
login, citizens can access the portal and have read-only access to track work orders. Several examples of the
online tool are seen below.
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City of Moorpark, California Page 6 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
Statement of Qualifications
Siemens currently services over 10,000 traffic signalized intersections and 400,000 streetlights under long-term
maintenance agreements nationwide. We are dedicated to meeting and exceeding the challenging public safety
requirements associated with our industry. We currently:
• Maintain traffic signals in over 100 communities across Southern California.
• Maintain over 25,000 streetlights across Southern California.
• Have successfully completed thousands of streetlight retrofits across the country.
Siemens has been in the traffic signal and streetlight maintenance industry worldwide for over 50 years. Locally,
Siemens (formerly Republic ITS & Signal Maintenance, Inc.) has been in business for over 40 years servicing
numerous contracts throughout the state of California.
As the leader in the private traffic signal and streetlight maintenance industry in the United States, Siemens ITS
can provide unparalleled expertise and outstanding value in traffic signal and street lighting related services.
Among the most beneficial:
Siemens has the largest workforce of IMSA level III Certified Traffic Signal Technicians and NEC Certified
Electricians in the industry. In addition, Siemens employs a wealth of key construction personnel for major
repairs, dedicated utility locators for underground service alert (USA) Dig Alert service and Corning certified
fiber optic technicians.
Siemens has strategically positioned local field offices with an abundance of inventory and technical
resources.
Our ability to complete entire projects in-house. Although we have many valuable external partners, we do
not have to rely on consultants, outside sub-contractors, or sourced project management. This improves
communication, streamlines work, and eliminates unnecessary costs or delays.
Siemens can partner with numerous manufacturers and distributors to provide leading technologies that will
deliver a product that exceeds the City of Moorpark’s expectations at an economical rate.
Being part of a large, multi-national corporation provides Siemens ITS with the ability to finance specific
strategic opportunities for our customers.
We give our Customers the access to effectively track progress and manage service orders and the ability to
review historical intersection information using our web-based Customer Portal. All technicians wirelessly
update the street light and traffic signal database as work is performed making all information available
virtually real time.
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Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
Siemens has an abundance of IMSA certified technicians (mostly IMSA III certified) located in Southern California.
Siemens also employs key construction personnel for major repairs, certified crane operators, and dedicated utility
locators for underground service alert (USA) Dig Alert service. Resumes for all additional employees are available
upon request.
Technical Resources and Certifications
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Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
Project Approach/Methodology
It is always the goal of Siemens ITS to hone our service around a Customer’s needs. We understand that
throughout the term of a contract of this type, those needs may change. We approach all of our contracts with the
same simple vision; build a partnership with the City’s staff and work towards achieving common goals set forth
through that partnership. We realize that this is an ever evolving process and that is why we believe that the only
successful route is through establishing these common goals. This methodology and a commitment to service will
be applied to every aspect of our services for the City of Moorpark.
We understand that the general scope of the work to be done consists of providing as needed repairs of
malfunctioning or damaged streetlights. Siemens will have available and readily accessible qualified personnel, all
required tools, equipment, apparatus, facilities, and material and will perform all work necessary to maintain in
good workmanlike manner, all City owned streetlights, in compliance with current City and State Standards.
Siemens will provide a 24-hour, 7 days a week call service for knockdowns and other streetlight related
emergencies. All Siemens technicians are supplied with proper field equipment at all times so he/she may
sufficiently address any problem with the streetlight as well as have
continuous communication access through cellular phone.
Siemens will keep a sufficient stock of common replacement components of a
typical streetlight installation. The replacement component types, quantities
and storage location will be adequate to meet the Emergency and Non-
emergency service response times.
Our Approach
Emergency response call outs and unscheduled/non-emergency repairs are
initiated by calling our toll free emergency phone number 1-800-229-6090
(this will be a live dispatcher 24 hours a day, 7 days a week), report the
streetlight address and pole number (if available), the problem and leave your
call back information. Our dispatcher will create a work order in our visual
planning board. Once the work order is released by our dispatcher it will
immediately transfer to our technicians queue on their android device. As part
of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that
he/she is in receipt of the call out/work order. The technician will arrive at the site within the contracted response
time to assess and correct the reported problem. Once the problem is corrected, the technician will inform the
Customer of the repair actions.
Throughout the term of this agreement, Siemens will provide and maintain emergency service response on a
twenty-four (24) hour, three-hundred and sixty-five (365) day basis, including all holidays. All personnel for
Siemens that may be dispatched will have continuous communication access through cellular phone. The
response time for emergency calls will not exceed one (1) hour. In cases of major malfunction or damage, Siemens
will contact the Public Works Department to receive further direction.
Siemens will be responsible for responding to emergency calls from persons designated by the City. Unless
otherwise identified in the Scope of Work or the Agreement, responsive calls will be paid on a time and materials
basis.
There was no reference to response time for non-emergency repairs (i.e. lamp, photocell, day burning, etc.). All
non-emergency calls will be responded to as mutually agreed upon between the City and Siemens.
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City of Moorpark, California Page 9 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
Upon completion of responsive service requests (both Emergency and Non-Emergency), Siemens will notify the
Public Works Department that the work has been completed. Notification will be within twenty-four (24) hours of
said completion to both the City personnel initiating the emergency call-out and the City’s contract manager.
Upgrades and Installations
Siemens is able and willing to provide construction services for new installations of streetlight poles and
modifications and/or upgrades to existing streetlights. This work can be performed within an appropriate
timeframe established by the City and for a mutually agreed upon price.
Communication and Teamwork
At Siemens, we are your partner. Our project management team as well as our field personnel will be constantly
communicating with the City representatives and we will follow all communication/notification requirements as
set forth and agreed upon. Routine monthly meetings will be key to ensure that everyone is on the same page,
not only for streetlight status but to make sure that we are on track with the City’s budget and that we are serving
the citizens of the City of Moorpark to the highest level possible.
Siemens employees working for the City will be equipped with any necessary communication devices in order to
keep our City liaison(s) informed at all times. Currently, all of our staff is outfitted with an Android device that will
enable them to send, and receive real-time information as well as text, email and phone capabilities.
Vehicles, Equipment & Resources
Siemens will have available and readily accessible all required tools, equipment, apparatus, facilities, skilled labor
services and materials to perform all work necessary to maintain the traffic signal facilities in a workmanlike
manner. Are bucket trucks are equipped with spare parts sufficient to return a defective signal to operation
following all ordinary and most extraordinary trouble calls. Our technicians will have on-hand, any necessary
equipment to maintain operable traffic signals within the City of Moorpark.
Our warehouse and field technicians that will support the City of Moorpark will be permanently stationed in our
new Anaheim facility located just 18 miles from Moorpark’s City Hall.
Reporting and Record Keeping
Invoices
Siemens will provide invoices on a monthly basis. Invoices will be submitted each month and will include a
summary of all response costs. All costs will be broken down into each category of labor, material and equipment
used.
Detailed Billing/ Activity Reports
In addition to our Customer Portal, the City will receive a detailed billing report on or before the 15th day for the
prior month. Each work order will include the description, response, caller information, and the labor, equipment
and materials billed for each location.
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City of Moorpark, California Page 10 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
Material Inventory
Siemens maintains an extensive inventory of traffic signal
and streetlight equipment including controllers, cabinets,
load switches, signal heads, poles, LED indications,
luminaries (HPS, MH, MV LPS and LED), service enclosures,
controller cabinets and other miscellaneous parts. This
extensive inventory combined with our vast experience and
testing facilities enable Siemens to repair or replace
damaged equipment expeditiously and professionally.
Siemens employees will be equipped with all spare parts
necessary to place a signal system back in operation for all
trouble calls, including sensing devices for induction loop
detectors. No permanent or temporary change of controller mechanisms will be done without prior approval of
the City except in case of an emergency. Siemens will notify the City that the equipment was removed and
replaced with approved spare equipment. Inventory levels are maintained in order to accommodate each
individual Customer’s needs. Siemens continually monitors and modifies inventory levels as required by current
maintenance and repair.
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City of Moorpark, California Page 11 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th, 2019
Contractor’s License
Siemens ITS is an electrical contracting firm who is California licensed and bonded Class C-10 contractor (CA
License #1042278). Our company specializes in construction and maintenance of traffic signals, streetlights and
associated equipment. Siemens ITS’s national staff of more than 200 employees includes an array of professional
engineers and technicians with International Brotherhood of Electrical Workers (IBEW), IMSA and numerous
industry manufacturer and systems certifications.
https://www2.cslb.ca.gov/onlineservices/CheckLicenseII/LicenseDetail.aspx?LicNum=1042278
899
Pricing
OPERATIONS AND MAINTENANCE
DESCRIPTION UNITS (COST mi= TOTAL
Routine Maintenance(LED) PER FIXTURE/POLE/MO $0.79 81,750.91
(Routine Maintenance(HPS) PER FIXTURE/POLE/MO $1.55 Teo
(Call center LUMP SUM/MO $0.00 80.00
(Install House Side Shields(material&labor) PER FIXTURE/POLE 8105.00
(Quarterly Streetlight Operation Review(night check) LUMP SUM/QTRLY $795.00 83,18O.0o
Maintenance-(outside contractor's 1 year warranty)not Streetlight Maintenance Hourly Rate Normal 811s.00
regular maintenance Foreman Hourly Rate-Normal 8125.00
Laborer Hourly Rate-Normal Sss.00
Maintenance-(outside contractor's 1 year warranty)not Streetlight Maintenance Hourly Rate After Hours 8150.00
regular maintenance Foreman Hourly Rate-After Hours 8150.00
Laborer Hourly Rate-After Hours 8141.00
Maintenance-(outside contractor's 1 year warranty)not Streetlight Maintenance Hourly Rate Holiday $1s2.00
regular maintenance Foreman Hourly Rate-Holiday 8155.00
Laborer Hourly Rate-Holiday 8141.00
Additional Pricing
DESCRIPTION I TOTAL
Service Truck Hourly Rate 525.00 IM
Maintenance-(outside contractor's 1 year warranty)not I Bucket Truck Hourly Rate 830.00
regular maintenance Crane Truck Hourly Rate 855.00
Material Mark-Up
DESCRIPTION %
Percent Mark-Up over Suppliers Invoice 15%
City of Moorpark,California Page 12 of 12
Proposal for Streetlight Maintenance Services Submitted March 27th,2019