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HomeMy WebLinkAbout1976-01-06; City Council; Resolution 3821RESOLUTION NO. 3821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND TRAFFIC SIGNAL MAINTENANCE COMPANY, INC. FOR TRAFFIC SIGNAL MAINTENANCE AND AUTHOR- IZING THE MAYOR TO EXECUTE SAID AGmEMENT. The City Council of the City of Carlsbad, California, ioes hereby resolve as follows: 1. That that certain agreement between the City of :arlsbad and Traffic Signal Maintenance Company, Inc. for traffic signal maintenance, including the furnishing of all labor, services laterials and equipment, a copy of which is attached hereto, as Sxhibit A, and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby iuthorized and directed to execute said agreement for and on 3ehalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 6th day of January , 1975, by the following vote, to wit AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES : None Councilwoman Casler Y&cA- ROBERT C. FRAZEE, %ayor ATTEST : (SEAL) AGREEIENT THIS AGREEMEYT, made and entered into this .6th day of Janllary , 19aby and between the CITY OF CARLSBAD, California, a municipal corporation, hereinafter referred to as the "City", and TRAFFIC SIGNAL MAINTENANCE COMPANY, INC. , hereinafter referred to as "Contractor". WITNESSETH : WHEREAS, the City of Carlsbad does find that the pro- posal tendered by the Contractor for traffic signal maintenance including the furnishing of all labor, services, materials and equipment was a responsible proposal and of high standards. WHEREAS. the City of Carlsbad does further find and determine that it would be in the best interests of the City of Carlsbad that said proposal be accepted, and the contract be awarded to the Contractor. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS APJD PROMISES OF TEE PARTIES HEAWTO AND UPON THE EXPRESS TERMS AND CONDITIONS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THEM, AND EACH WITH THE OTHER, AS FOLLOWS: 1. This contract shall consist of and incklude Contrac-, Stor'sproposal and the following documents'attached hereto, as Exhibits A, B, C and D, and incorporated by reference herein: A. Adjusted Labor Schedule. B. Equipment Schedule. C. List of Intersections. D. List of some of the Agencies for whom we are presently performing long-term service agreements. *' 1 2 3 4 5 6 7 a 9 10 11 12 13 14 9 i- 6 . 2c 21 22 23 24 25 26 27 20 en All contract documents are intended to cooperate and be ated so that any one called for and any one not mention coordin- d in the other or vice versa, is to be executed the same as if mentioned in all contract documents. 2. The said Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, service and materials, and perform all work necessary to maintain in good and workman- like manner traffic signal facilities according to the proposal submitted and accepted as in all contract documents herein above referred to. It is understood and agreed that all said labor, services, materials and equipment shall be furnished and said work performed and completed by the Contractor as an independ- ent Contractor, subject to the inspection and approval of the City acting through its City Engineer or his representatives. 3, The Contractor agrees to make a routine inspection and clean and adjust each controller and signal indications, and replace broken parts or change parts as is necessary,one time per month. E 4. Contractor agrees to furnish replacement lamps for all signals. Contractor agrees to use only standard traffic signal lamps as manufactured by General Electric Company or Sylvania Company. Contractor to furnish special long lasting anti-static cleaning agent for lenses and reflectors. Contractor will replace lamps and clean reflectors and lenses on a regular schedule as a "group re-lamping" program, using an 80% depletion period. The City will answer all light-out calls as reported. 2. Iny broken parts of signal head will be noted and the information -0 be forwarded to the Contractor for replacement or repairs. (Except that the City may at its option make these repairs or replacements) . 5. Contractor agrees to replace or repair any and all defective parts of the controller mechanism as the occasion arises 6, Contractor agrees to maintain a 24 hour per day emergency service for controller malfunctions. vlrhere other traffic signals are located shall be observed by the Contractor or his representatives in the course of traveling to and from the locations to be serviced. shall be reported to City. effort to respond to emergency calls within a two hour period. The intersections Any possible malfunctions Contractor will make every reasonable 7. Contractor agrees to make immediate emergency service calls when necessary to make repairs to signal equipment, when said signal equipment malfunctions or has been damaged by vehicle accidents, acts of God or malicious damage or for any reason whatsoever. 8. For and in consideration of the furnishing by said Contractor as herein provided of said labor, services, materials, and equipment in accordance with all provisions of this agreement together with the appurtenances thereto, said Contractor shall be entitled to receive and shall be paid by the City of Carlsbad, an said Contractor agrees to accept in full satisfaction therefor th sum of $32.74 per intersection per month. Said sum shall be paid by the City to said Contractor each month as said sum becomes due and payable. 3. 3 2 2 4 5 6 7 E 9 1c 11 12 12 I- u . 20 21 22 23 24 25 26 27 20 nn inst 11 9. All fixed time and semi-actuated signals which are d from time to time may at City's option be added to those already maintained by the Contractor as the City notifies Con- tractor of the installation thereof. These signals shall be maintained at the same rate and in the same manner as those covered by this agreement. In the event notification is made at other than the beginning of the monthly contract period, payment for that month shall be prorated from the day the Contractor is notified. In the event any fully actuated signals are installed for a more complicated -ype than semi-actuated signals, these may be added to the maintenance agreement at a price mutually satisfactory to the Contractor and the City. 10. The City agrees to pay the repairs over and above the contract price when such rep.airs are made necessary due to damage to signals by collision, acts of God, or malicious mischief or for any reason whatsoever. The cost of such repairs shall be based on the invoice cost of materials, plus 15 percent, and the adjusted cost of labor and equipment used for such repairs in accord with the schedules on Exhibits A and B. 11. The Contractor agrees to commence the work provided for herein immediately upon the completion of the execution of this agreement and the delivery to him of an executed copy thereof and to continue in a due and diligent, workmanlike manner and without interruption. Delivery of an executed copy of the agree- ment shall be complete when an executed copy thereof is delivered personally to the Contractor or his authorized agent or repre- sentative, or when a copy thereof is placed in an envelope 4, 1 2 3 4 5 6 7 8 9 10 11 12 13 P 14 ti F: 0 . 20 21 22 2: 24 25 26 27 2e addressed to said Contractor at his last known address and deposited in the United States mail, at Carlsbad, Californi , with .This Agreement shall terminate the postage thereon fully prepaid. one year from the date Contractor commences work. 12. The Contractor shall carry public liability and property damage insurance in an amount not less than $250,000.00 for injuries, including accidental death, for any one person, and subject to the same limit for each person in an amount not less than $500,000.00 on account of any one accident and property damage insurance in an amount not less than $50,000.00. The Contractor shall also take and maintain during the life of this contract, Workmen's Compensation insurance covering all of his employees on the project, in 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 issued and is in full force and effect prior to commencing work in accordance with this Agreement. ible far the insurance coverage as herein provided of all employee of said Contractor. Said insurance shall provide that the same is non-cancelable except upon ten days written notice to the City. The Contractor shall be respons- The Contractor shall likewise obtain public liability and property damage insurance to cover vehicles used or maintained by him in the performance of said work connected with this Agreement, with liability limits of not less than $250,000.00 for any one person and $500,000.00 for any one accident, and property damage of $50,000.00 5. u 20 21 22 23 24 25 26 27 28 13, This Agreement may be terminated by either party by giving ninety days written notice to. the other and this Agreement shall terminate forthwith ninety days following the date such notice is given. 14. In the event that any of the provisions of this contract are violated by the Contractor, the City may terminate the contract by serving written notice upon the Contractor of its intention to terminate such contract and, unless within ten days after the service of such notice, such violation shall cease, the contract shall, upon the expiration of said ten days, cease and terminate. As to violations of the provisions of this contract which cannot be remedied or corrected within ten days, said con- tract shall at the option of the City, cease and terminate upon the giving of like notice. En the event of any such termination of any of the reasons above mentioned, the City may take over the work and prosecute the same to completion by contract or otherwise for the the amount and at the expense of the Contractor. 15. If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of this contract, the City, after three days written notice to the Contractor may, without prejudice to any other remedy it may have, make good such deficiencies, and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided however, the City Engineer of said City shall approve such action and certify the amount thereof to be charged to the Contractor. 16. It is expressly understood and agreed that the 6. 1 2 3 4 5 6 7 € s IC 11 12 1; 2: 28 2 2 2 2 2 2 Contractor herein named in the furnishing of all labor, service, materials and equipment and performing the work this contract, is acting as an independent Contractor and not as an agent, servant or employee of the City of Carlsbad. s provided in 17. This Agreement shall not be assigned by Contractor without the written consent of City. 18. This Agreement may be amended or modified only by written agreement signed by both parties and failure on the part of either party to enforce any provision of this Agreement, shall not be construed as a waiver of the right to compel enforcement of such provision or provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF CARLSBAD, A Municipal Corporation of the State of California By- ROBERT C. FRAZEE, Nay& ATTEST : T E. ADAMS,tCity Clerk TRAFFIC SIGNAL MAINTENANCE CO.,IN BY . Vice P.res.ident City Attorney v 7.