HomeMy WebLinkAbout1984-09-04; City Council; Resolution 77321
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RESOLUTION NO. 7732
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SOUTHWEST SIGNAL SERVICE FOR MAINTENANCE SERVICE FOR TRAFFIC SIGNALS IN THE CITY OF CARLSBAD
BE IT RESOLVED by the City Council of the City of Carlsbad as follows:
1. That certain agreement between the City of Carlsbad and Southwest
Signal Service for maintenance of traffic signals in the City of Carlsbad,
a copy of which is attached hereto and incorporated herein by reference, is
hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized and directed
to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad
at a regular meeting held the 4th day of September , 1984, by the
following vote to wit:
AYES:
NOES: None
Council Iknbers Casler, Lewis, Kulchin, Chick and Presmtt
ABSENT: None
ATTEST :
ALETHA L. RAUTENK
(SEAL)
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THIS AGREEMENT, made and entered into this day of
984, by and between the CITY OF CARLSBAD, California, a municipal corporation,
ereinafter referred to as "City", and 9
ereinafter referred to as lTontractor".
WITNESSETH:
WHEREAS, the City does find that the proposal tendered by the Contractor
or traffic signal maintenance, including the furnishing of all labor, services,
iaterials, and equipment, was a responsible proposal and of high standards;
WHEREAS, the City of Carlsbad does further find and determine that it would
e in the best interests of the City that said proposal be accepted and the
ontract be awarded to the Contractor;
NOW, THEREFORE, for and in consideration of the mutual covenants and
romises of the parties hereto and upon the express terms and conditions
ereinafter set forth, it is agreed by and between them, and each with the
ther, as follows:
1. This contract shall consist of and include Contractor's proposal and
;he following documents attached hereto, as Exhibits A and B, and incorporated
~y reference herein:
A. Labor and Equipment Schedule
6. List of Signalized Intersections
All contract documents are intended to cooperate and be coordinated so
.hat any one called for and any one not mentioned in the other or vice versa, is
.o be executed the same as if mentioned in all contract documents.
2. The said Contractor agrees to furnish all tools, equipment, apparatus,
'acilities, labor, service and materials, and perform all work necessary to
iaintain in good and workerlike manner traffic signal facilities according to
;he proposal submitted and accepted as in a1 1 contract documents hereinabove
.eferred to. It is understood and agreed that all said labor, services,
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completed by the Contractor as an independent Contractor, subject to the
inspection and approval of the City acting through its Utilities and Maintenance
Director or his designated representative.
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.
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 is to furnish special
long lasting anti-static cleaning agent for lenses and ref lectors. Contractor
will replace lamps and clean reflectors and lenses on a regular schedule as a
"group re-lamping" program. The City will answer all light-out calls as
reported. Any broken parts of signal head will be noted and the information to
be forwarded to the Contractor for replacement or repairs (except that the City
,may, at its option, make these replacements or repairs.)
5. Contractor agrees to replace or repair any and all defective parts of
1 aterials, and equipment shall be furnished and said work performed and I1
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and said Contractor agrees to accept in full satisfaction therefor, the sum of
Forty-nine dollars ($ 49.00 ) per intersection per month.
Said sum shall be paid by the City to said Contractor each month as said sum
Iecomes due and payable.
In addition, once each year after the first year of this agreement (but
-tot retroactively), upon request by the Contractor and approval by the Uti1 ities
and Maintenance Director, said monthly maintenance sum per intersection shall be
subject to change in accordance with the Consumer Price Index, Los Angeles, as
3ublished by the U. S. Department of Labor, based on one-half of the percentage
zhange in the index from the first month of this agreement to each succeeding
anniversary thereof.
9.
to time shall be added to those already maintained by the Contractor.
All fixed time and semi-actuated signals which are installed from time
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 pro-
rated from the day the Contractor is notified. In the event any fully actuated
signals are installed of a more complicated type than semi-actuated signals,
these may be added to the maintenance agreement at a price mutually satisfactory
to the Contractor and the City,
:ontract price when such repairs are made necessary due to damage to signals by
:ollision, acts of God, malicious mischief, or for any reason whatsoever.
:ost of such repairs shall be based on the invoice cost of materials, plus
The
10. The City agrees to pay the non-maintenance repairs over and above the
Fifteen percent (15%), and the adjusted cost of labor and equipment used for
;uch repairs in accordance 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
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2%
lelivery to Contractor of an executed copy thereof and to continue in a due and
liligent workerlike manner and without interruption. This agreement shall
erminate three (3) years from the date Contractor commences work, at which time
he agreement may be negotiated for renewal as mutually agreed upon by City and
:ontr actor.
12. The Contractor shall carry public liability and property damage
nsurance in an amount not less than Five Hundred Thousand Dollars ($500,000)
or injuries, including accidental death, for any one person, and subject to the
ame limit for each person in an amount not less than One Million Dollars
$1,000,000) on account of any one accident, and property damage insurance in an
mount not less than Fifty Thousand Dollars ($50,000) for any liabilities
.rising from this Contract.
he life of this Contract, Workers' Compensation Insurance covering all of
.ontractor's employees on the project, in a company satisfactory to the City
The Contractor shall also take and maintain dur
and
;hall furnish to the City certificates issued by such companies showing that all
)f the abovementioned insurance has been issued and is in full force and effect
wior to commencing work in accordance with this agreement. The Contractor
;hall be responsible for the insurance coverage as herein provided of all
mployees of said Contractor.
The Contractor shall likewise obtain public liability and property
lamage insurance to cover vehicles used or maintained in the performance of said
rork connected with this agreement with liability limits of not less than Two
lundred Fifty Thousand Dollars ($250,000) for any one person and Five Hundred
'housand Dollars ($500,000) for any one accident, and property damage of Fifty
'housand Dol 1 ars ($50,000).
The City shall be named as an also insured on the liability policies.
13. This agreement may be terminated by either party by giving sixty (60)
lays' written notice to the other, and this agreement shall terminate forthwith
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sixty (60) days following the date such notice is given.
14. In the event that any of the provisions of this Contract are violated
)y the Contractor, the City may terminate the Contract by serving written notice
Jpon the Contractor of its intention to terminate such Contract and, unless
llrithin ten (10) days after the service of such notice such violation shall
,ease, the Contract shall, upon the expiration of said ten (10) days, cease and
terminate.
remedied or corrected within ten (10) days, said Contract shall, at the option
3f the City, cease and terminate upon the giving of like notice. In the event
If any such termination for any of the reasons abovementioned, the City may take
3ver the work and prosecute the same to completion by Contract or otherwise for
the amount and at the expense of the Contractor.
As to violations of the provisions of this Contract which cannot be I
15. It is expressly understood and agreed that the Contractor herein named
in the furnishing of all labor, service, materials, and equipment performing the
llrork as provided in this Contract, is acting as an independent Contractor and
lot as an agent, servant, or employee of the City.
16. Except for the manufacturers' factory warranties, the Contractor
disclaims all warranties with respect to materials supplied hereunder, and
further disclaims a1 1 warranties with respect to materials supplied hereunder,
and further disclaims any and all liability for failure to perform or delay in
oerformance hereunder where the same is due in whole or in part to any cause
beyond Contractor's reasonable control, such as, but not limited to, fire,
flood, earthquake, lightning, strike or other labor difficulty.
17. The City, its agents, officers, and employees shall not be liable for
any claims, 1 i abi 1 it i es , penalties , fines , or any damage to goods , properties ,
Dr effects of any person Whatever, nor for personal injuries or death caused by,
or resulting from, or claimed to have been caused by, or resulting from any act
or omission of Consultant or Consultant Is agents, employees, or representatives.
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Consultant agrees to defend, indemnify, and save free and harmless the City and
its authorized agents, officers, and employees against any of the foregoing
liabilities or claims of any kind and any cost and expense that is incurred by thc
City on account of any of the foregoing liabilities, including liabilities or
Elaims by reason of alleged defects in any plans and specifications, unless the
liability or claim is due to or arises out of, solely the City's active
iegligence.
18. This agreement shall not be assigned by Contractor without the written
:onsent of City.
19. This agreement may be amended or modified only by written agreement
iigned by both parties, and failure on the part of either party to enforce any
irovision of this agreement shall not be construed as a waiver of the right to
:ompel enforcement of such provision or provisions.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
jay and year first above written.
:ONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California
ly
MARY H. CASLER, Mayor
\PPROVED AS TO FORM: ATTEST :
"ILL HtNnCHKt HA L. RAMKRANL
rssistant City Attorney City Clerk
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OUTHWEST JGNAL ERVICE
74 GABLE WAY, U CAJON CALIFORNIA
019-442-3343
June 19, 1984
LIC. 366419
City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Attn: Joseph N. Eggleston/Maintenance Department
Subj: Traffic Signal Maintenance Service
Dear Mr. Eggleston:
Enclosed is our proposal for the traffic signal maintenance ser-
vice for the City of Carlsbad.
Basic rate of $49.00 per intersection which includes: 1. Monthly inspection 3f each intersection, including cleaning . and adjustment of equipment. 2. Provide twenty-four hour per day emergency service. 3. Relamping and cleaning all signals (except for re-lanping of 3M signals) once per year.
Emergency and specialized repairs i.e.: (Knxkdowns, temporary signals etc. per section 10 of agreement.)
Material cost plus fifteen percent (15%).
Equipment C3st:
a,
b.
d. e.
f,
Labx
C.
Lift truck Service truck Air Camp res sor Concrete saw Paint rig Rental equipment
cost:
Superintendent Service Technician LabDrer
$15OO/hour
g.OO/hour 12.50/hour
lO.OO/hour lO.OO/hour Invoice cost plus 15%
$20.0O/hour $30.03/hour o/t 17.00/hour 25.50/hour o/t 12.00/hour 18.0'3/hour o/t
We are currently maintaining the traffic signals for the Cities of El Cajm, La Mesa, Poway, Lemon Grove, Santee, Vista, Oceanside and
San Marcos, as well as having done the knxkdawn repairs for the County of San Diego, and emergency service for Natimal City and Imperial Beach,
Our cmtractors state license number is 451115. Proof of insur- ance as per section 12 of agreement, to follow on bid approval.
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CITY OF CARLSBAD
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LIST OF SIGNALIZED INTERSECTIONS
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Carlsbad Boulevard and Elm Avenue
Carlsbad Boulevard and Grand Avenue
Carlsbad Boulevard and Tamarack Avenue
Chestnut Avenue and El Camino Real
El Camino Real and Marron Road
El Camino Real and Plaza Way (May Co.)
Elm Avenue and Harding Street
Elm Avenue and State Street
Grand Avenue and State Street
Jefferson Street and Marron Road
Pi0 Pic0 and Tamarack Avenue
E7 Camino Real and Hosp Way
Marron Road and Plaza Entrance
El Camino Real and Alga
El Camino Real and Dove Lane
Paseo del Norte and Palomar Airport Road
El Camino Real and Tamarack Avenue
Elm Avenue and Pi0 Pic0 Drive
El Camino Real and Palomar Airport Road
Marron Road and Monroe Street
Palomar Airport Road and Yarrow Drive
El Camino Real and Camino Vida Robles
Alicante Road and Alga Road
Rancho Santa Fe Road and La Costa Avenue