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HomeMy WebLinkAboutPW Phase 2 Streetlight Conversion ProjectCONTRACT FOR "PHASE 2 STREETLIGHT CONVERSION PROJECT" This Contract is made as of the day of A r 24, 2023 2023 (the "Effective Date"), by and between the City of San Rafael, 1400 5th Avenue, San Rafael, CA 94901, a municipal entity organized and existing under the laws of the State of California (the "City"), and Tanko Streetlighting, Inc., a California corporation, 220 Bayshore Boulevard, San Francisco, CA 94124 (the "Contracting Party"). RECITALS: WHEREAS, the City and the Contracting Party desire to enter into a formal contract for the performance of the Work. NOW THEREFORE, in consideration of the recitals set forth above and the parties' mutual promises and obligations contained below, the parties agree as follows: 1. Work - The Contracting Party agrees to perform the Work described more fully in the attached Exhibit A — Scope of Services. The Contracting Party also agrees to comply with all of the terms and conditions set forth herein. 2. Term — The Work shall be completed by a schedule and a date mutually agreed upon. All work will be completed no later than December 31, 2023. 3. Contract Documents — The Contract includes the Scope of Services (Exhibit A), the Pricing (Exhibit B), and the Insurance Requirements (Exhibit C), which are made a part hereof. 4. Price and Payment - In consideration of, the payments and agreements herein after mentioned, the Contracting Party hereby agrees with the City to commence and to complete the Work described as follows: "Phase 2 Streetlight Conversion Project" (as described in Exhibit A — Scope of Services) herein after called the Work, for the Not to Exceed Amount of One Hundred Seventy Thousand Dollars ($170,000.00) and all work in connection therewith, under the terms of this Contract; and at proper cost, equipment, tools, superintendent, labor, insurance, and other accessories and sources necessary to complete said Work in accordance with the conditions and prices stated in the Pricing (Exhibit B)." 4a. The City will be invoiced and make payments to the Contracting Party per the payment schedule outlined in Exhibit B — Pricing. Right to Terminate — If the contracting Party fails to comply with any of the terms, provisions or conditions of the Contract, including the Exhibits, the City shall have the right, in addition to all other available remedies, to declare the Contract in default and, therefore, to terminate it. The City shall be responsible for payment for services rendered up to the point of termination. 6. Excusable Delays — Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, pandemic, strikes, materials shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 7. No Waiver or Estoppel — Either party's failure to insist upon the strict performance by the other of any terms, provisions and conditions of the Contract shall not be a waiver or create an estoppel. Notwithstanding any such failure, each party shall have the right thereafter to insist upon the other party's strict performance, and neither party shall be relived of such obligation because of the other party's failure to comply with or otherwise to enforce or to seek to enforce any of the terms, provisions and conditions hereof. 8. Payment/Performance Bond — Within ten (10) business days of Notice to Proceed with construction (Task lc in the Exhibit A), the Contracting Party shall be required to provide the City with 100% payment and performance bonds from a surety company licensed to do business in the State of California and with a minimum rating of A from AM Best. 9. Indemnification and Insurance — To the fullest extent permitted by law, Contracting Party agrees to defend, indemnify and hold harmless the City of San Rafael, its respective boards and commissions, officers, agents, officials, employees, servants, volunteers, contractors and representatives from any and all suits, claims, losses, damages, costs (including, without limitation, reasonable attorneys' fees), compensations, penalties, fines, liabilities or judgments of any name or nature for, including, but not limited to, injuries or alleged injuries to person(s) (including without limitation, bodily injury, sickness, disease or death), or damage to or destruction of property, real or personal, or financial losses (including, without limitations, those caused by loss of use) sustained by any person or concern, (including, but not limited to, officers, agents, officials, employees, servants, volunteers, contractors and representatives of the City or its respective boards and commissions) arising from, or alleged to have arisen from, any and all willfully negligible acts or omissions of the Contracting Party, its employees, agents, servants, contractors, and/or representatives in the performance of this Agreement. This indemnification shall not be affected by other portions of this Contract relating to insurance requirements. The Contractor agrees to name the City of San Rafael as an additional insured and will procure and keep in force at all times, at its own expense, insurance in accordance with Insurance Exhibit C attached hereto and incorporated by reference herein. 10. Prevailing Wages Rates — All trade laborers, mechanics, and technicians, whether employed by the Contracting Party or any of its subcontractors, shall be paid the prevailing labor wage rate for all work performed as part of this project. The City shall provide the current prevailing wage rates at the time of contract signing. 11. Licenses, Fees, Permits and Code Compliance — The Contracting Party shall be responsible for obtaining and maintaining all requisite licenses and permits and shall be solely responsible for all fees for such obligations. The Contracting Parry is responsible for complying with all applicable local, state and federal laws, codes, and regulations in the design and implementation of this project. 2 12. Warran — Upon installation, Contracting Party shall only be responsible for warranty work related to materials and installation for a period of one year from the installation date of each fixture. The installation warranty will cover fixture or photocell failure and issues related to the installation, such as incorrect mounting or wiring of fixture. The installation warranty will not cover issues unrelated to the installation, such as fuse failure, knockdowns, wire shorting, disconnection of the pole or arm from power source, weather related damage, vandalism, Acts of God, or unrelated capital work impacting the pole or fixture. The City shall be responsible to serve as first -responder to any and all outages, shall identify locations where warranty -related work is necessary, and shall notify Contracting Party of the warranty -related locations so that a remedy can be implemented. 13. Notice — Any notices provided for hereunder shall be given to the parties in writing (which may be hardcopy, facsimile, or e-mail) at their respective addresses set forth below: If to the City: Jim Schutz City Manager City of San Rafael 1400 5th Avenue San Rafael, CA 94901 jim.schutz@cityofsanrafael.org If to the Contracting Party: Jason Tanko Chief Executive Officer Tanko Streetlighting, Inc. 220 Bayshore Blvd. San Francisco, CA 94124 jason@tankolighting.com 14. Execution — This Contract may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement, and shall become binding when one or more counterparts have been signed by each of the parties hereto and delivered (including delivery by facsimile) to each of the parties. IN WITNESS THEREOF, the parties have executed this contract as of the last date signed below. CITY OF SAN RAFAEL, CA G "Z' � By Schutz (Apr 24, 6h 14:46 PDT) JIM SCHUTZ, CITY MANAGER Date: Apr 24, 2023 TANKO STREETLIGHTING, INC. .4= By Jason tgnko (Apr 10, 202316:29 EDT) JASON TANKO, CEO Date: Apr 10, 2023 3 Exhibit A — Scope of Services Task 1: Phase 2 Installations Tanko Lighting will coordinate Phase 2 of the LED conversion phase. Each subsequent phase will be for the same scope of work as outlined below, but will be under separate contract(s), per the City's budget allocations. Task la: Materials Procurement Tanko Lighting will provide the City with the product technical specification sheets that will be procured for this project. Upon approval by the City, Tanko Lighting will order the materials. Deliverables: Recommended Product Submittals: Technical specification submittal sheets for recommended products. Task 1b: Logistics Management Tanko Lighting will ensure that all logistics are carefully coordinated for the project. Our team will work with the City's main point of contact to develop an installation plan that minimizes inconvenience to the City and includes ordering schedules, traffic control plan, waste disposal procedures (that comply with all applicable State and Federal laws), and installation and commissioning schedules as required to the City. Tanko Lighting is very familiar with the traffic control needs of a municipal streetlight conversion project, as traffic control is an element of virtually every one of our projects. We understand that over -use of police details can incur unnecessary cost for the City. Given that a streetlight conversion project is a mobile operation requiring just a few minutes of work at each location, it can easily be likened to the same traffic control needs as the typical trash collection service in a city. As such, Tanko Lighting will work closely with the City during the Logistics Management phase to confirm police detail requirements and to ensure that they are minimized while properly maintaining safe traffic control. Further, during the audit and design phases, Tanko Lighting will identify any locations (such as key intersections, arterials, etc.) that are likelyto be problematic and will recommend to the Citythese areas as potential needs for police details. Please note that the costs for police detail are not including in our proposal pricing. Tanko Lighting will maintain proper communication and coordination with installers to ensure installation quality, work and public safety, compliance with project schedule and proper handling of waste. Our team will facilitate a pre -construction Kick -Off meeting with City staff and installers to review the traffic control plans, work safety, public safety and waste material handling procedures and requirements prior to the start of installation. We will also coordinate and participate in bi-weekly progress meetings with City staff. Deliverables Logistics Management Details: Ordering, traffic control plans, required permits, disposal strategy, pre -construction meeting, ongoing meetings, installation and commissioning schedules. Task lc: Installation Tanko Lighting routinely partners with subcontractors for installation for its turn -key municipal streetlighting projects. We believe that this is an ideal way to utilize local knowledge and leverage taxpayer dollars back to the local economy. As such, we are very familiar with how to properly solicit, vet and manage qualified local subcontractors. For this project, we will continue to work with our trusted subcontractor, DC Electric, to perform the in -field installation services. Tanko Lighting will ensure that the installation subcontractor utilizes highly -trained professionals, properly trained in and abiding by all company and industry safety standards. The installation subcontractor will be fully insured and responsible for meeting all federal, state, and local codes and laws. Page 1 of 3 The installation subcontractor will provide safety, installation, traffic control, and environmental disposal services forthis project. The installation subcontractor's efforts will be directed by a foreman, who will be responsible for all logistics and field installation, including safety and traffic control, and all management of field staff. The installation subcontractor will provide all required safety equipment for the project. It is expected that each installation crew will install an average of thirty fixtures per day. Completion of the project commissioning (see Commissioning section below) will coincide at the end of the installation phase to quickly address any errors, punch list items, or troubleshooting needs. Utilizing the data from the design process, we will develop installation maps (a sample can be provided upon request) and provide to installers and relevant City staff for accurate project tracking. An additional feature of Tanko Lighting's approach is that its GPS data collection activities are integrated throughout project implementation — as a routine practice. We can stay intimately involved with the daily installation phase via its data collection protocols that are required of all installers. We will ensure that installers are equipped with handheld devices and train them in collecting relevant data on both the HIPS fixtures being removed, as well as the LED fixtures being installed. Installers will be required to collect data at every location and transmit it in real time to Tanko Lighting. We can track each crew's daily progress via time -stamped data on every fixture location. This not only enables our team to know every location where each crew has been, it also allows us to track the routes that each crew has used and any inefficiencies in the process. We review this information daily, which allows us to provide immediate instruction to crews on any course corrections necessary. Our proven experience with managing installation crews through data collection activities routinely integrated into the installation phase ensures the accuracy and accountability of project partners Please note that our team will be retrofitting the fixtures within an "as -is" system; however, we will not be responsible for remedying any "as -is" system needs/issues outside of the scope of this project (which is merely to retrofit the fixtures, install photocells, and provide first responder support for maintenance services). We will identify any "as -is" system needs/issues, including but not limited to no power, faulty fuses, 480V fixtures, series fixture wiring, poles in violation of any trespass/clear zones because of high voltage, excessively tall poles, poles in disrepair, etc. during the course of the LED conversion phase or during the maintenance services phase (see below) and report to the City. However, while we will work with the City to recommend solutions, the City will be responsible for the costs associated with implementing any such remedies. Tanko Lighting will be responsible for warranty work related only to materials and installation for a period of one year from the installation date. The installation warranty will cover fixture or photocell failure and issues related to the installation, such as incorrect mounting or wiring of fixture. The installation warranty will not cover issues unrelated to the installation, such as fuse failure, knockdowns, wire shorting, disconnection of the pole or arm from power source, weather related damage, vandalism, Acts of God, or unrelated capital work impacting the pole or fixture. Upon installation, the City or its standard maintenance contractor will be responsible to serve as first -responder to all outages, shall identify locations where warranty -related work is necessary, and will notify Tanko Lighting of the warranty -related locations so that a remedy can be implemented. If the City selects Tanko Lighting for its maintenance services, our team will serve as the first -responder and dispatch accordingly. Deliverables Installation Maps: Maps with locations and fixture information used to dispatch installation crews and allow City staff to track installation routes. Weekly Installation Report: A detailed listing of the locations completed during the installation phase, along with maps corresponding to locations. Page 2 of 3 Task 1d: Commissioning Upon completion of the installation, Tanko Lighting will ensure that the installers perform final inspection on all fixtures, correct any "punch list" items, test lights to ensure that they work, and identify locations where repair needs City assistance. Tanko Lighting will provide the City with a complete commissioning report outlining any errors and actions taken to correct errors. Deliverables Commissioning Report: Detailed analysis of final installation verification and testing, including an outline of any errors and actions taken to correct errors. Task le: Rebate & Tariff Change Coordination Our team will research any available rebate programs and facilitate all necessary tasks to ensure that the City receives the rebates and billing changes for which it is eligible. We will prepare all necessary and required documentation for the rebates and submit these to the appropriate departments within the utility/agency. We will follow up with the utility/agency to confirm the materials have been received and are in process. As the City will be the recipient of the rebate, the utility/agency will negotiate with the City directly regarding the timing and issuance of the funds. Therefore, if known, we will provide the contact information for the utility/agency staff person processing the application for the City staff to secure the final payment. If there are any inquiries from the utility/agency to the City regarding the submitted applications, we will assist the City with responding to any questions. We will also coordinate with the utility on changing tariffs to the newly -installed LED fixture rates. We will prepare the necessary documentation, submit to the utility, confirm the materials have been received and obtain the timing for the modification to be processed. If known, we will provide the contact information for the appropriate party addressing any rate changes for the City. Based on the timeframe provided by the utility, the City staff will need to confirm that the modification appears in the City utility bills. If there are any inquiries from the utility to the City regarding the submitted applications, we will assist the City with responding to any questions. Finally, we will help remedy any billing discrepancies as identified in the Data Reconciliation Report. Deliverables Rebate and Tariff Change Documentation: A compilation of copies of paperwork submitted and processed with the utility regarding rebate applications and tariff changes. Task 1f: Final Reporting A project is never completed until the final documentation and administrative requirements are met. We understand that proper follow through is essential to considering a project successfully executed. To that end, our team will coordinate all final reporting and data requirements to ensure that the City considers the project is compliant and complete. This includes finalizing the GIS layer with design and construction data and updating the analysis of gross cost, savings, incentives, net cost, and payback of finalized design, including any operation and maintenance of costs and savings. We will also provide contacts and the process whereby the City can obtain warranty support with the manufacturer(s) should it be necessary. Deliverables Final Reporting Documentation: Final requirements necessary to process the available rebates and tariff changes with the City, as well as post -construction electronic GIS records for all newly -installed streetlights in the City, including all wattages, badge numbers, locations, and other associate attributes, and environmental disposal documentation. Page 3 of 3 EXHIBIT B - PRICING Pricing Retrofit Quantity Unit Cost Extended Cost 27W Screwin 303 $ 301.68 $ 91,409.04 30W Floods 2 $ 404.75 $ 809.50 30W Heritage Kit 21 $ 626.23 $ 13,150.73 30W Heritage Kit (sidewalk) 1 $ 604.33 $ 604.33 60W Heritage Kit (street) 1 $ 675.50 $ 675.50 36W Screw -in 75 $ 313.73 $ 23,529.38 45-54W Screw -in 28 $ 329.06 $ 9,213.54 80W Heritage Kit 1 $ 675.50 $ 675.50 22W Cobrahead 8 $ 413.33 $ 3,306.60 46W Cobrahead 2 $ 457.13 $ 914.25 84W Cobrahead 6 $ 594.00 $ 3,564.00 Subtotal: $ 147,852.36 Contingency:1 $ 22,147.65 Total Not to Exceed Contract Amount: 1 $ 170,000.00 • Note: Pricing includes applicable sales tax (@ 9.25%). • Proposed Payment Terms: ■ Tanko Lighting will invoice the City for per the following schedule: • Materials will be invoiced upon shipment. • Remaining amount will be invoiced on a monthly basis, based on the quantity of fixtures installed each month. • The City shall pay Tanko Lighting within thirty (30) days of receipt of invoices. Page 1 of 1 EXHIBIT C 1. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-Vill or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https:/Avww.oinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 1.1 Workers' Compensation. Statutory coverage is required by the California Workers' Compensation Insurance and Safety Act, If Contractor is self -insured, it must provide its duly authorized Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 1.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis, including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in performing the Work, including Contractor's protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer's non -ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate. 1.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage. 1.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. 1.5 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Nataly Torres (for Nhat Phan) Extension: 3353 Contractor Name: Tanko Streetlighting, Inc. Contractors Contact: Natalie Bartel Contact's Email: natalie@tankolighting.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 1/24/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org 3/3/2023 ©NT 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager 3/3/2023 ® - GC-b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Z - GC-3 Department Director Approval of final agreement form to send to 3/7/2023 © AM contractor 4 Project Manager Forward three (3) originals of final agreement to 4/6/2023 b contractor for their signature When necessary, contractor -signed agreement 5 Project Manager 0 N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager Tanko Lighting - Phase 2 Streetlight Conversion Contract - San Rafael, CA Final Audit Report 2023-04-24 Created: 2023-04-06 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAm19TX9yClaBoVJ1QG1zpfBxGeB7xX7Ee "Tanko Lighting - Phase 2 Streetlight Conversion Contract - San Rafael, CA" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2023-04-06 - 6:36:23 PM GMT C'y Document emailed to jason@tankolighting.com for signature 2023-04-06 - 6:40:20 PM GMT Email viewed by jason@tankolighting.com 2023-04-06 - 6:40:22 PM GMT dm Signer jason@tankolighting.com entered name at signing as Jason Tanko 2023-04-10 - 8:29:57 PM GMT 40 Document e-signed by Jason Tanko Qason@tankolighting.com) Signature Date: 2023-04-10 - 8:29:59 PM GMT - Time Source: server E'► Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2023-04-10 - 8:30:00 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-04-12 - 2:39:51 PM GMT C- New document URL requested by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-04-24 - 6:28:06 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-04-24 - 6:29:13 PM GMT 6© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2023-04-24 - 6:39:01 PM GMT - Time Source: server SAN RAFAEL I Adobe THE-WITHAMIS5;°" Acrobat Sign E7. Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for approval 2023-04-24 - 6:39:02 PM GMT t Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-04-24 - 6:40:13 PM GMT b© Document approved by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Approval Date: 2023-04-24 - 6:58:35 PM GMT - Time Source: server =4 Document emailed to city.clerk@cityofsanrafael.org for approval 2023-04-24 - 6:58:36 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-04-24 - 6:59:07 PM GMT 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2023-04-24 - 6:59:24 PM GMT b® Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2023-04-24 - 6:59:26 PM GMT - Time Source: server C'y Document emailed to jim.schutz@cityofsanrafael.org for signature 2023-04-24 - 6:59:28 PM GMT 15 Email viewed byjim.schutz@cityofsanrafael.org 2023-04-24 - 9:45:30 PM GMT 6© Signerjim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz 2023-04-24 - 9:46:40 PM GMT C�0 Document e-signed by Jim Schutz(jim.schutz@cityofsanrafael.org) Signature Date: 2023-04-24 - 9:46:42 PM GMT - Time Source: server Agreement completed. 2023-04-24 - 9:46:42 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 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