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CC - Item 4E - Extension of Agreement with Peek traffic Signal Maintenance Inc.TO: HONORABLE MAYOR AND COUNCILMEMBERS ROSEMFAD CITY COUNCIL FROM: BILL CROWE, CITY MANAGER DATE: FEBRUARY 18, 2004 RE: EXTENSION OF AGREEMENT WITH PEEK TRAFFIC SIGNAL MAINTENANCE, INC. FOR TRAFFIC SIGNAL MAINTENANCE SERVICES Attached is a letter from Peek Traffic Signal Maintenance, Inc. requesting to extend its current agreement with the City through May 31, 2005. Peek is requesting to increase the rates for the top four Hourly Labor Rate Classifications to that which will comply with the prevailing wage rates as determined by the Department of Industrial Relations. For all other labor classifications and equipment, Peek is requesting a 2.6% increase in rates, which is in line with the most recent CPI report that is attached for the Council's review. If approved, the rates paid by the City would be $48.92 per month per intersection. Peek has maintained the City's traffic signals since 1981. Since then, the company has established itself as a reputable and reliable contractor. RECOMMENDATION It is recommended that the City Council approve the extension to the agreement with Peek Traffic Signal Maintenance, Inc. effective through May 31, 2005. Attachment COUNM FEB 2 4 2004 ITEM No. EXTENSION OF AGREEMENT This EXTENSION OF AGREEMENT is entered into effective retroactively to the 1" day of June 2003, by and between the CITY OF ROSEMEAD, a municipal corporation (hereinafter "CITY"), and PEEK TRAFFIC SIGNAL MAINTENANCE, INC. (hereinafter "CONTRACTOR"). WHEREAS, the parties have executed an Agreement dated March 1; 1981, in which CITY agrees to contract with CONTRACTOR for the performance of certain traffic signal maintenance and repair. services: and WHEREAS, said Agreement is attached hereto, marked "Exhibit A" and incorporated herein by this reference; and WHEREAS, the Agreement of March 1, 1981, provides for an annual extension, of said Agreement for a period of one year; and WHEREAS, CONTRACTOR has thus far satisfactorily performed the services set forth in the Agreement dated March 1, 1981; and WHEREAS, CONTRACTOR has offered to perform the services required in the agreement to May 31, 2005, with a 1.8% increase in the current rate for services, except for the top for Hourly Labor Rate Classifications (as listed in the Rate Schedule), which will be paid at the hourly rate as stipulated by the Department of Industrial Relations. NOW, THEREFORE, the parties agree: 1. This EXTENSION OF AGREEMENT shall be effective retroactively to June 1, 2003. 2. The AGREEMENT of March 1, 1981, is hereby extended to May 31, 2005. The existing rates shall remain in effect until March 1, 2004, at which time the rates as listed on "Exhibit B" will become effective. IN WITNESS WHEREOF, the parties have executed this EXTENSION OF AGREEMENT on the date set forth below. CITY OF ROSEMEAD PEEK TRAFFIC SIGNAL MAINTENANCE, INC By: MAYOR Dated: ATTEST: By: CITY CLERK APPROVED AS TO FORM By: CITY ATTORNEY By: PRESIDENT Dated: f. The Company '-shall 1 ami on a group rclamping bnsia Tho r~;;au;min Puric,d shall be hascd on a depletion curve, not to exceed twelve (12J) mpr;~7nB_ lamps hall be Cencral Electric, Sylvania, Westinghouse or approved cqua➢... . 3. The replacement and/or repair of any and all defective parits Cmf the controllez mcchanisns of any unit, or any part thereof, as may be neces _1 f6r• tal),? operation the 4. The cleaning, polishing, and inspection of all'lensem and` .reflL~9rs in each unit at the time the signals are rclamped. All bro):cn or deteriorratTO Zioz- , will be replaced or changed as necassary. S. Daily visual inspections at intersections throughout the Ci;t:F 'to iimsure the prompt replacement of burned out lamps including highway safe} llg5d:Eag„ illuminated name signs, and repair of controller malfunctions, pedestrian pusl,bu==m, detectors, etc., and to insure the traffic signal progression of all unils.azazziSmy. to timing relationships determined by the City Manager.' - G. The servicing of the signal systems, on an emergency baste- i'i, the 'ement of malfunctions of the controller or signal system. 4. A,!SWERINC' SERVICE CALLS The Co^,peny shall m_inta.in a 2S-'n-cur emergency service so tatu he; ; nat.. he: ,contacted at any hour of the day or night with no es:ceptions to holift. s andi ;:;c23u ads and wil be require-cl to answer'different types of calls, as specifiadi wLtL3,iim certain time limits. The Company shall supply, the City D,anager and'. them 2o1ljTx chef with a telephone number from which his radio operator may be contacteel at2-l a-M. hm„y~s, if this telephone number is a toll number, the City will reverse, the a) Emergency calls. h'henever the. signal is. malfunctioning Lv any,'manna , the, Comba shall answer the call immediately, regardless of the fact that- t1B cirm4l.-D1.1cr me have been switched to flashing operation by the Police Department- T1tree word "Lmnediately" is construed to mean with all possible hat-a;, anal shmaj mmzt exceed two hours. The above will also apply to any calls indi¢a,ring tim WnDLe of danger to the notoring public caused by the signal cont7ol or. the, ]ta¢ th...reof. Light out calls- Two separate indications will ba rent=xxd' fo¢ aa~k, _dL_RT.ection of traffic at all times. Ehen this number falls below or. iY an*~ =as indicator is out, the Company shall answer the light out zan es: sasm, as possible, not to exceed 2 hours, day cr night. In the eaent a- Ii--hat w i is raceived with the- rt co report that two indicators are stiTi'. _ema+iiniicnwr„ t,+v ~Com-c cany shall answar t:_ call within 29 ;ours. eI Otter -_~er9cncy s_-,-v • ice. The services shall include, bl_t- not t,, l: mu. g3 to, mar: rcplacem_,-t c:: renair, including burned out laynps, lense - liC:,t eontact5 - i il' L' ^..f o-. 'ii•150rs, epa_rable relays, bad: plates, push coon dinning units, interconnect units, time S%--'itches, , hL,rLjd o~.y.~rp:n„~ tr~llers, . mss, etc. d', 111u-inatcd strcct name sign-s. illuminated Tile street be ssr%rice_d a:-,d r-.:a_;.tained at lccations sno',an in Appendix a 1_ ;slurnc-Uz Z:mt aamT) cmy ;s- S,-all be rcolaced within 72 hours, since ca,e,r.vs,,.,. r=nels _ Y s 379 weeks, panel replacements ne sha_:_ er4aaa G. _ j -y the Cc-_ a-y w<,_;.r; n five - (5) days. EXHIBIT "A" 1'R0ROS?iL FOR TEArrIC SIGNAL MAIN17BNANCr For. THE CITY OF ROSEMrAD, CALIFORNIA The undersigned declares that he has examined the signal locations contained herein and I,roposes to perform the following services for the unit prices as submitted. 1. DEFINITIONS a). The wore "city manager,, shall mean the City manager of the City of Rosemead, acting personally or through his duly authorized agents, each agent acting only within the scope of authority delegated to him. b) The word "Police Chief" shall mean the Haid of the City's Law Enforcement Agency of the City of Rosemead, acting personally or through his duly authorized agents, each agent acting only within the scope of authority delegated to him. 2- All'? =:O T-t OF TFE: CITY Y.ANAGSR a) •The City Manager shall. decide any-and all questions which may arise as to the ouality.or acceptability of ,materials furnished and work performed, and as to he manner of performance and rate of progress of the work; all questions which arise as to the acceptable fulfillment of the Agreement on the part of the Company; and all questions as to claims and compensations. b) The City Manager's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as-the Company fails to carry out promptly. c) At no tine will any changes-in timing or progression of the signals be made except under the direct supervision of the City Manager. 3. S ~:;t'=C:s Traffic Signals: Company shall service, maintain and overhaul, traffic signal devices; i.e., electro mechanical and solid state type including type 170 controllers, fixed time, semi-actuated, fully actuated tra 111e .51gnals, and at the locations set forth on !:):hibi.t "A", and at such other locations where such devices may from tima'to time be installed within the City. All said labor, services, materials and equipment shall be furnished and work n=_rformed and ccmpleted, subject to the ins_oection and approval of the City, the City Manager's Office, or inspectors or their representatives. h'hen City desires to add traffic signal devices, to be serviced and maintained, it shall notify Company thereof " - -°t -0LZ __en (1+) days in advtin ee of the time such s In service shall commence. ..__viccs to bye p_r`Or ed shall Ccnsist of c _rc'ventlve maintenance program but not limited to, the ~ollo.:in,- - 1- inspection cleaning and adjustment of each controller unit, nd the repair an a _ _____cement of any ant alldeicctive parts; such ins ecti.on, cleaning and adjustment shall t__a place as to teach unit' « least once ner calencar month. C) 13ighwaY safety lighting- The highway safety lights shill br serviced and m tainc3 at location!: Sho m in Appendix "B". *Burned out lamps ano/ur ballast be replaced v1ithin 72 hours. The lumi.naire reflector and/or refractor shall cleaned at t)re time of lamp replacement. f) Equipment required. The Company shall be equipped with spare parts surf-:Icier to place the signal back in operation for ordinary trouble calls. In those cases where a complex controller or component has to be repaired, the Company shall be required to furnish and install a substitute controller or component until the defective controller or component is repaired or replaced to its original condition as originally installed. The Company after performing any temporary emergency wort: shall have thirty (30) days in which to complete permanent repairs. All permanent repairs shall be to the level that existed' prior to- the need of the emergency work. 5. EX1' IORDIh'ARY 1. 4I1:TZN?a.CE tahenever any part of the-.signal System is damaged by. collision, Acts of God, or malicious mischief, excepting damage resulting from the negligence of the Company while on the job, the repair of such damage r;ill'b_ paid fo maintenance. r as extraordinary In addition to this, the replacement of vehicle detectors, peCestria Signal neon tubes and. trans_`oimers, emergency service calls, flourescent street na signs, highway safety lights, or any revision work the City may request the Compan to :perform will be paid for as extraordinary maintenace. All extraordinary mainta will be subject to the prior approval of the City Manager. If the Company receive. night call that requires the replacement of damaged equipment, he shall put the sir in a temporary operating condition if damage is of a minor nature, otherwise the Company shall, if unable to- restore-tempora_-y-operation, place the signal on flash' Operation if possible. If the signals arc damaged to the extent that they h,ve-tn shut down, the Company shall call the Police Chief to provide traffic control unti] the signal can be repaired. In no case will the Company perform extraordinary me;-. tenance without first obtaining the prior approval of the City Manager. 6. ComPE1'SATIOy City shall pray to Compzny the sum of $42.56 Per month for each intersection as set forth on Er.'nibit "A" for the traffic signal p reventive maintenance __Ogram. Company shall be entitled to a6ditions1 comp= . _r.sation `or =>araordinz_'v maintenance. filling for extraordinary maintenance shall include-only the following: a) Company's invoiced m=aterial cost plus 17 pe ar cent. b) Company's labor costs ^_Stzblaahed as . Per f`. "r to 'D_ rcvle'd_d nnually Dy t..e City ts_nager. please see sc'•;edul A & 3 attached. c) yuix:,ent rental to revised annually b the Y City Manage!_-_ Uo3n _ecei?t o` each monthly invoice and certification by the city Manager, the Cit ill, ._thir. thirty (30) days after receipt of such invoice, pa) . _ l y to the Com..p=ny all certif-aci su=s. In addition, .-he ComnanV will fLrn_sh to the City of all ,ro_1 - a mo;lthly sum a y \ _ _orrned within the City, ':rich the location of service, t'r.. day ~n3 apprc>:zmate tthe reason for tha sc_ ;,ice, whether routine or em=ergo.^.cy, and the 7. -INSURANCE REPTJ.T rMrNTS 114 CAM: 0F' h CONTrACT Company shall carry public liability and property damage insurance covering its operations and obligations hereunder in an amount not less than $1,000,000 for injuries, including. accidental death, for any one person, and subir•:•t to the same limit for each person in an amount- not less than'.$500,000, and pro;-. ty damage insurance in an amount not less than $100,000 per each occurrence. The Company shall also take out and maintain during the life of this contract, Worhman's. Comi,ensation irsurance covering all of his employees on the project, with a company satisfactory to the City and shall furnish to the City certificates issued* by such companies showing that all of the above mentioned insurance has been issuet and is in full force and effect prior.to commencing wort; in accordance with this agreement. The Company. shall be responsible for the insurance coverage- as herein provided of all employees of said Company. Said insurance shall provide that the same in non-cancellable except upon ten (10) days'. written notice to the City. In case any employee engages in hazardous worlc under this contract and is not protected under the Worl;man's Coirpensation Act, the Company shall provide or cause to be provided, appropriate insurance for the protection of all such employees nut o;:her:aise'protected. . The- Company shall likewise'obtain public liability and proper damage insurance to cover vehicles used or maintained by'him in the performance of said work connected withthis Agreement, with liability limits of not less than $500,000 for any one person, and $500,000 for any one accident, and property damage of $100,000. If the Company fails to maintain such insurance, the City may obtain such insurance to cover any damages which said City or its principals may be liable to pay through any of the operations and deduct and-retain the amount of the premiums for such insurance from any sums due. Rot`,ing herein contained shall be construed as limiting in any way the extent ;.o which the Company may be held responsible for paymant of damages to persons or grope resulting from his operations or any operations of any subcontractors under him. Company will he required to indemnify and hold hzi-mless City and its officers and employees from any claims, damages or expenses, including attorney's fees and court costs, arising out of Company's performance. The City to be named as an additional ins_red on the Company's master Policy. Co:^_any ,,..all not assicn this grecm^_nt or any portion hereof, k,ichont first obtaini the ,.rift n co::ce.-,_ of City.. if such assignor-n- is made or. attempted by Company, Cit_, at its sole opt;on, may terminate this Agreement upon the giving of a 24-hour :•r..te.. not_cc to Comp--^y of such tc_--iination. _-1 -,roe-cu- -hall cxt=_r,d_d upon mutual consent of both parties. 10, '_MM UNATI0N OF CONITTtACT Z1) In the event that any of the provi:ions of this Contract are vio].ated by the Company, the City may terminate the contract by serving wr.:-::ten notice upon the Company of its intention to terminate such Contract• and, unless within ten (10) days after the serving of such notice, such violation shall cease, the Contract shall, upon the expiration of said ten (10) clays, cease and terminate. As to violations of the provisions of this Contract which cannot he remedied or corrected i:.,ithin ten_(10) days, said Contra(:t shall be, at the option of this City, ceased and terminated upon the giving of like notice. In the e•,rent of any such termination of any of the reasons above mentioned; the City may take over the Work grid prosecute the same to completion by contract or otherwise for the amount and at the expense of the Company. b) If the Company should neglect to prosecute the work properly or fail to perform any Provisions of contract, the City, after three (3) days' written notice to. the Company may, without prejudice to any other remedy it may have, make goo9 such deficiencies, and may deduct the cost thereof from the payment then or thereafter due the Company, provided, however, the City Manager of said City shall app ove such action and certify the a-mowTt thereof to be-charged to the Company- 11_ 2•:0T AN AGENT OF CITY It is e)Tressly understood and agrsed that the Com?any given the Contract will be' responsible for furnishing all labor, service, materials and equipment and performing the work as provided for, is acting as an independent Company and not as an agent;. servant or =Dloyee of the City of Rosemead- 12. .STATLI-i?NT OF QUI1.I1FICATIO::S The contractor must be highly.skilled and specialized in traffic signal systems maintenance. Maintenance wor)c should be the only business of the firm so that no business conflict will. arise between-maintenance and construction- The contractor must be familiar with a variety of equipment, have substantial parts inventory- and have sufficient equipment to adequately perform the contract. This can best be assured by demonstrable past experience in the maintenance of traffic signal syster.:s si-filar to Rose-ead's- A positive answer to the following question should assure the- t)]is minimum r=ouirement is met: Y.as your firm been engaged for at least three years solely in the maintena:nCe of rafl"iC signal cystems in at least one juzisdictlQn t:1th e_-'al or greater numbers Of signal. installations than Rosemead? 7u'?s"'!cr: Yes X NO a%'•s:`er is `_'es, Please list- the follO ing: Dial nu:uer n years' experience: Fighce'_n (18) Jura_.ziction Served No. of }ir•e,]. No. of. Actuated ho. Of Years Contract Tune SiynZls Signals with this jurisdiction has been hold ]Monterey par), 11 27. 1B Years Montebello 22 35 _ 16 Years Covina• 7 22 16 Years 13. TOTAL BID PPICo FOR ORDINAP,Y a2IYRTiiTA19CE SHALL B--: a) Traffic signals, 37. at $42.88 Per intersection, Per month, for a total of $1,372.16 per month, as of the. bid date. b) Safety lighti::g luminaires, at N/A aer luminaire, per month, for a .total of N /p per nonth as of the bid date. c) Total per month (a and b) above 1.T/A d) Total Per hour labor for extraordinary naintenance, as of the bid date (Please see schedule A & B attached). Si gn ed • / wry? ..:rte ~.,~Gv- . Anaheim, ca. :92806 Date Februar iOB EXHIBIT B Signal Maintenance, Inc. Proposed Rate Schedule Effective Until May 31, 2005 Intersection rate per intersection per month Hourly Labor Rates Operations Superintendent Engineer Technician Signal Maintenance Technician Lead Man Lab Technician $48.92 Straight time Overtime $75.00 $75.00 $74.00 $111.00 $74.00 $111.00 $74.00 $111.00 $33.42 $50.13 Hourly Equipment Rates Pickup Truck Service Truck Bucket Truck Paint Rig Truck Compressor w/tools Water Truck Concrete Saw Rate/Trip $15.33 $15.33 $108.02 $108.02 $168.39/Day $69.10 $69.10 Note: Any equipment used, but not on the above schedule will be charged at the local prevailing rental rate. 02/18/2004 15:18 7145633178 SIGNAL MAINTENANCE PAGE 02/03 SIGNAL MAINTENANCE INC S, 2283 Via Burton Anaheim CA 92806 Telephone, 714-563-4000 Facsimile, 714-563-3178 February 10, 2004 Ken Rukavina CITY OF ROSEMEAD 8838 East Valley Blvd_ Rosemead, CA 91770 RE: Proposed New Rate Schedule for Traffic Signal Maintenance 2004 Mr. Rukavina. License #679111 Pursuant to your request, please find attached the purposed price schedule for 2004 fiscal year contract period. Please note that it is the department of industrial relations current position that prevailing wage is required for this work and therefore the hourly rates have been adjusted accordingly. Additionally, SMI is requesting that the remaining Maintenance costs be adjusted for the one-year extension by 2.6% to match that of the latest Consumer Price Index. Signal Maintenance, Inc. as you know has been the ongoing contractor for traffic signal maintenance and we look forward to a continued working relationship with the City of Rosemead. Respectfully, Signal Maintenance, Inc. Rodney Mathis Vice President & General Manager Enclosure Public Data Query Page 1 of I 11 U.S. Department of Labor Bureau of Labor Statistics 05 Mill Bureau of Labor Statistics Data WWW.b1s.9ov[] search i A-Z Index BLS Home i Programs & Surveys Get Detailed Statistics i Glossary I What's New i Find It! In DOL Change Output From: 2002 1,w To: 2003 F Options: O include graphs NEW! More Formattin Options molp- D.M extracted on: February 2, 2004 (8:32:27 PM) Consumer Price Index - All Urban Consumers Series Id: CUURA421SA0 Not Seasonally Adjusted Area: Los Angeles-Rivers ide-Orange County, CA Item: All items Base Period: 1982-84=100 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2002 178.9 180.1 181.1 182.2 182.6 181.9 182.2 183.0 183.4 183.7 184.0 183.7 182.2 181.1 183.3 2003 18 5.2 18 6.5 18 8.2 187.6 18 6.4 186.3 18 6.3 186.9 188.2 187.8 18 7.1 187.0 187.0 186.7 187.2 12 Months Percent Change Series Id: CUURA421SAO Not Seasonall y Adjusted Area:. Los Angeles-Riv erside-Orange County, CA Item: All items Base Period: 1982-84=100 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2002 2.7 2.7 2.8 3.2 2.9 1.7 2.2 2.6 2.6 3.0 3.3 3.7 2.8 2.6 2.9 2003 3.5 3.6 3.9 3.0 2.1 2.4 1 2.31 2.1 2.6 2.2 1.7 1.8 2.6 3.1 2.1 _Fre_quently_AskedQuestions Freedom of_Information_Act i Customer Survey Privacy & Security Statement i Linking t_o Our Site I Accessibility U.S. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building Fax-on-demand: (202) 691-6325 2 Massachusetts Ave., NE Data questions: blsdata_staff@bls.gov Washington, DC 20212-0001 Technical (web) questions: webmaster@bs.gov. Other comments: feedback@bls.gav http://data.bls.gov/servlet/SurveyOutputServlet 2/2/2004 SLATE OF CALIFORNIA GRAY DAVIS. GOVERNOR - DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR 655 Gala Gate Avenue, T" Floor San Franaem. CA W102 µt51 7053050 August 30, 2002 Thomas W. Kovacich, Esq. Atkinson, Andelson, Loya, Ruud.& Romo 17871 Park Plaza Drive, Suite 200 Cerritos, CA 90703-8597 Re: Public Works Case No. 96-004 (This determination supercedes and Traffic Signal Maintenance replaces Public Works Case No. 96- Sonoma County 004, Traffic Signal Maintenance, June 3, 1996) Dear Mr. Kovacich: This letter constitutes the determination, of. the Director of the Department of Industrial Relations regarding coverage of the above- named work under the public works laws and is made pursuant to Title 8, California Code of Regulations ("CCR"), section 16001(a). Based upon my review of the documents submitted and the applicable laws and regulations pertaining to public works, it is my determination that the various aspects of traffic signal work are a public work within the meaning of the Labor Code. In your April 30, 2002 letter, you requested a reconsideration of Precedential Public Works Case No. 96-004, Traffic Signal Maintenance (June 3, 1996) ("Determination") and a clarification of certain aspects of traffic signal work. Your letter attached an agreement entered into by the City of Sonoma for what you term "traffic signal service" at traffic signal intersections throughout the City's jurisdiction. While you acknowledge that the Determination renders certain aspects of traffic signal work to be maintenance and repai' subject to prevailing wage obligations, you argue that a portion of the work is exempt from the definition of maintenance under the janitorial and custodial exception to maintenance under 8 CCR section 16000. Specifically, you contend that the following work is janitorial or custodial in nature because it consists primarily of routine cleaning and visual inspection: 1. Opening the controller cabinet and vacuuming and dusting the unit; 1 You correctly note that the Determination would denominate as "maintenance" or "repair" the changing of a bulb and work relating to the controller, the installation of new wire conduit, troubleshooting field wire problems, repairing damaged conduit and other general maintenance work on the traffic signals. 548 Letter to Thomas W. Kovacich, Esq. Re: Public Works Case No. 96-004 Page 2 2. Checking the functions of the control equipment and timing; visually checking all signal displays to confirm they are functioning; visually checking the intersection lights to see that they work properly; walking in the intersection to make sure the signal displays are functioning properly; checking the pedestrian push buttons to ensure proper function; 3. Reviewing timing charts in controller cabinet to confirm that timing frequencies are met; 4. Checking the four to six volt street loops, which set up a magnetic field that. sends a low voltage signal to the controller when a vehicle disturbs it. After the above work is performed on a traffic signal, the worker signs a chart confirming the inspection. A screwdriver is used to open the controller cabinet, and a hand-held vacuum and broom are used to vacuum and dust the unit. The contractor performing the work is.paid a monthly fee of approximately $95 .per intersection. The Determination held that the traffic signal maintenance of the kind described in' the Requests for proposal by the cities of Banning and Corona constitutes public work for which prevailing wages must be paid. The determination described the work: The work includes inspecting, cleaning and resetting controllers pursuant to city specifications. Persons assigned to this work may be required. to set timers, reprogram microprocessors or repair a bad connection in the traffic signal. They perform monthly maintenance, check the operation of the equipment by using the push buttons, check the bulbs, look for open wires, perform necessary repairs, and verify the proper functions of the controller and control program with a laptop computer. Labor Code section 1771 requires the payment of general prevailing wage rates for maintenance work done under contract for a public agency by persons other than the public agency's own employees. The only statutory exception is for projects costing one thousanc dollars or less. 549 Letter to Thomas W. Kovacich, Esq. Re: Public Works Case No. 96-004 Page 3 8 CCR section 16000, defines "maintenance," in relevant part, as including: (1) Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in. a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired... (2) Carpentry, electrical, plumbing, glazing, touchup painting and other, craft work designed to preserve the publicly owned or operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning and other operations on machinery and other equipment permanently attached to the building or realty as fixtures. EXCEPTION: 1: Janitorial or custodial services of a routine, recurring or usual nature is excluded. In requesting reconsideration, you state that the Determination was based on incomplete information. A review of the work described in the Determination, however, reveals that the particular work for which you seek an exemption was in fact referenced therein. Specifically, as noted above, the Determination lists as "maintenance" the inspecting and cleaning of. the traffic signal controllers. The visual inspection and routine cleaning work that you seek to be exempted falls within the definition of maintenance under 8 CCR 16000(1) because the work is a component of the routine, recurring and usual work for the preservation, protection and keeping of the traffic signals, which are publicly owned and operated facilities and/or structures, for their intended purpose in a safe and continually usable condition for which they have been designed. You argue that, because the contracting parties agree to pay a lower contract rate for the above-described work, this work should be excluded from the definition of maintenance. However, those differing contract prices do riot alter tasks involved or the purpose these tasks serve. 550 Letter to Thomas W. Kovacich, Esq. Re: Public Works Case No. 96-004 Page 4 To the extent you rely on Public Works Coverage Determination No. 95-020, County of Nevada, Contract for Snow Removal Services (November 7, 1995), please note that this determination has not been designated precedential under my authority to issue precedential public works coverage determinations. As such, it has no force and effect and may not be relied upon in support of arguments concerning the public 'works status of a project or type of work. Further, I specifically reject the reasoning in that determination. For the foregoing reasons, the work described above is subject to the prevailing wage requirements of the Labor Code. Sincerely, n, bt, Chuck Cake Acting Director 5 5l