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HomeMy WebLinkAbout1988-03-08; City Council; Resolution 88-71A !I 0 e II 1 2 3 RESOLUTION NO, 88-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ALEXANDER TRAFFIC SIGNALS/STREET LIGHTING FOR THE TRAFFIC SIGNAL MAINTENANCE IN THE CITY OF CARLSBj I 4 11 5 /I BE IT RESOLVED by the City Council of the Ci 6 Carlsbad as follows: II 7 1. That certain agreement between the City of Car 8 of which is attached hereto and incorporated herei: 10 maintenance of traffic signals in the City of Carlsbad, a 9 and Alexander Traffic Signals/Street Lighting of San Dieg 11 reference, is hereby approved. 12 2. The Mayor of the City of Carlsbad is h, l3 behalf of ths City of Carlsbad. l4 authorized and. directed to execute said agreement for a l6 PASSED, APPROVED AND ADOPTED by the City Council o 15 City of Carlsbad at a regular meeting held the 8th d 17 11 March I 1988, by the following vote to wit: l8 1 19 I 20 21 AYES: Council Members Kulchin,. .Petcine and .La.h-sbn .. NOES : None ABSENT: Council Members Lewis and Mamaux 22 23 24 ATTEST: - &&& ANN J . KUL N, Mayor 1 25 26 27 Y& /Qo “A AZETHA L. RAUTENK?NZ, Cit 28 i 0 0 .. TRAFFIC SIGNAL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of I 198 - I by and between the CITY OF CARLSBAD, California, a municipal corporaticm, hereinafter referred to a I1CityI1, and , hereinafter ref erred to as llContractorll. WITNESSETH: WHEREAS, the City does find that the proposal tendered by the Contractor for traffic signal maintenance, including the furnishing of all labor, services, materials, and equipment, h 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 that said proposal be accepted and the contract be awarded to C!ontractor; NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties hereto and upon the express terms and conditions hereinafter set forth, it is agre by and between them, and each with the other, as follows: 1. This agreement shall consist of and include Exhibit List of Signalized Intersections. The agreement document and exhibit are intended to cooperate and be coordinated so that any one called for and ar one not mentioned in the other or vice versa, is to be executc the same as if mentioned in the agreement documents. 2. The said Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, services and material 0. a and perform all work necessary to maintain in good and worker. manner traffic signa1,facilities according to the proposal submitted and accepted as in all agreement doculnents herPinab( referred to. It is understood and agreed that all said labor services, materials, and equipment shall be furnished and sail work performed and. completed by the Contractor as an independ Contractor, subject to the inspection and approval of the Cit acting through its Utilities and Maintenance Director or designated representative. 3. The Contractor shall provide the maintenance of traffic signal control equipment as set forth in this section unless directed otherwise by the Utilities and Maintenance Director or authorized representative. A. Monthly Maintenance Work Items: a. Visual check of installation. b. Straighten, adjust, and align signal and pedestrian heads as may be found. to need correcting. c. Replace lamps, ballasts, and related items as may be found needed to be corrected. d. Identify and report in writing emergency corrective items or actions when observed and believed necessary by Contractor and review with the City; non- emergency items will be reported on monthly report. -2- 0. 0 e. Check of detector operations and adjust. f. Check timing plan and adjust as necessary to conform with City's timing sheet. B. Quarterly Maintenance Work Items: a. Those work items listed under monthly maintenance. b. Inspect and observe operation of all detectors, push buttons, amplifiers, and related detection equipment and make all adjustments and repairs as required. c. Check general condition of traffic signal poles and mast arms, traffic signal heads, pedestrian signals, opticom, (detectors and discriminators), brackets, backplates, and other visual appearance items and make adjustments or appropriate action as required. C. Semi-annual Maintenance Work Items : a. Those work items listed under monthly and quarterly work items. b. check inductance of all vehicle loop detectors and repair or replace, as required. c. Replace any and all air filters. D. Annual Maintenance Work Items: a. Those work items listed under monthly, quarterly and semi-annual work items. .. -3- 0. e .. b. Re-lamp the traffic signals. c. Contractor agrees to replace all lamps annually, (except programmed visibility type lamps). Defective programmed visibility type lamps shall be replaced on an individual basis as required, and the material cost for these lamps will be reimbursed to the Contractor by the City. d. Upon total lamp replacement, Contractor shall clean and polish all lenses and reflectors, replace all broken or defective parts, and align signal heads. 4. Contractor agrees to furnish replacement lamps for signals. Contractor agrees to use only standard traffic sign lamps as manufactured by General Electric Company or Sylvania Company, or other equivalent manufacturer approved in writing City. Contractor is to furnish special long lasting anti-sta 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. The City will ansb all light-out calls as reported. Any broken parts of signal will be noted and the information to be forwarded to the Contractor for replacement or repairs (except that the City n at its option, make these replacements or repairs.) 5. Contractor agrees to provide service twenty-four (2 hours per day for the servicing of traffic signal controller$ systems equipment covered by this agreement. The City agrees -4- e 0 take care of routine burnouts and problems during the normal working hours. Response for emergency problems during non- working hours shall be two (2) hours or less. 6. Contractor agrees to provide the same service twent: four (24) hours per day for the repair of other equipment and appurtenances such as safety lighting, pedestrian signals, flashing beacons and detector devices which the contractor ma: called upon from time to time by the City to repair, replace, refurbish. 7. Contractor may be required and does agree to rehabilitate and refurbish traffic signal controllers at cert street intersections. Controllers will be provided by the Ci Necessary materials required for installation will be provide the Contractor. All labor and material will be provided in accordance with Bid Proposal. 8. The Contractor shall maintain a record of work accomplished which shall include date, time in, time out and location of work and costs for equipment used, parts and supplies used and persons who did the work. This report shal submitted with the monthly billing. In addition, the report shall indicate any traffic signal maintenance work that needs be accomplished. 9. (a) For and in consideration of furnishing said labor, services, materials and equipment under paragraphs 3, 4 and 5 except when such repairs are necessitated by obsolescence or . accidental damage such as collision, acts of God and vandalis Contractor shall be entitled to receive and shall be paid by -5- 0, e .. City the sum of $52.70 per month for each signalized intersection. (b) For and in consideration of furnishing said labor, services, materials and equipment under paragraph 6 when such repairs are necessitated by obsolescence or accidental damage, Contractor shall be entitled to receive in addition to the monthly sum above, a per call sum based upon the invoice cost materials, adjusted cost of labor, and a reasonable percentagc for overhead and prof it, not to exceed 15%. (c) Said sums shall be paid by the City to said Contractor each month as said sums shall be billed to the Cit! and became due and payable. 10. Once each year after the first year of this agreelnel (but not retroactively), upon request by the Cont.ractor and approval by the Utilities and Maintenance Director, said montl maintenance sum per intersection shall be subject to change ii accordance with the Consumer Price Index, San Diego, as publi! by the U.S. Department of Labor, based on one-half of the percentage change in the index from the first inonth of this agreement to each succeeding anniversary thereof. 11. In the event notification is made at other than the beginning of the monthly agreement period, payment for that m' shall be prorated from the day the Contractor is notified. 12. The Contractor agrees to commence the work provided herein immediately upon the completion of the execution of th agreement and the delivery to Contractor of an executed copy thereof and to continue in a due and diligent workerlike mann -6- * 0 and without interruption. This agreement shall extend for a period of one (1) year from the date hereof. The Utilities & Maintenance Director may extend this contract for three ( 3) additional one (1) year periods for a total contract period o four (4) years, upon satisfactory performance. 13. (a) The Contractor shall carry public liability and property damage insurance in an amount not less than One Mill Dollars ($1,000,000) for injuries, including accidental death for any one person, and subject to the same limit for each pe in an amount not less than One Million Dollars ($1,000,000) o account of any one accident, and property damage insurance in amount not less than One Million Dollars ($1,000,000) for any liabilities arising from this Agreement. The Contractor shal also take and maintain during the life of this Agreement, Workers I Compensation Insurance covering all of Contractor's employees on the project, in a company satisfactory to the Ci and shall furnish to the City certificates issued by such companies showing that all of the above tnentioned. insurance h been issued, is in effect, and that coverage may not be terminated without 30 days written notice to the City. (bj The Contractor shall likewise obtain public liability and property damage insurance to cover vehicles use maintained in the performance of said work connected with thi agreelnent with liability limits of not less than One. Million Dollars ($1,000,000) for any one person and One Million Dolla ($1,000,000) for any one accident, and property d.amage of One Million Dollars ($l,OOO,OOO). -7- *, e ( c ) The City shall be named as an additional insured endorsement to all of the liability policies. Contractor shal provide copies of the endorsements to City for review prior to commencing work. 14. This agreement may be terminated by either party by giving sixty (60) days' written notice to the other, and this agreement shall terminate forthwith sixty (60) days following date such notice is given. 15. In the event that any of the provisions of this agreement are violated by the Contractor, the City may terminz the agreement by serving written notice upon the Contractor of its intention to terminate such agreement and, unless within t (10) days after the service of such notice such violation shal cease, the agreement shall, upon the expiration of said ten (3 days, cease and terminate. As to violations of the provisionE this agreement which cannot be remedied or corrected within tc (10) days, said agreement shall, at the option of the City, CE and terminate upon the giving of like notice. In the event oJ any such termination for any of the reasons above mentioned, t City may take over the work in progress and prosecute the samz completion by agreelnent or otherwise for the amount and at the expense of the Contractor. 16. It is expressly understood and agreed that the Contractor herein named in the furnishing of all labor, servic materials, and equipment performing the work as provided in tl Contract, is acting as an independent Contractor and not as a1 agent, servant, or employee of the City. -8- e 0 .. 17. Except for the manufacturers' factory warranties, t Contractor disclaims all warranties with respect to materials supplied hereunder and further disclaims any and all liabilit for failure to perform or delay in performance hereunder wher 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, st.rike or 0the.r labor difficulty. 18. The City, its agents, officers, and employees shall be liable for any claims, liabilities, penalties, fines, or a damage to goods, properties, or effects of any person whateve nor for personal injuries or death caused by, or resulting fr or claimed to have been caused by, or resulting from any act omission of Contractor or Contractor's agents, employees, or representatives. Contractor agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilit or claims of any kind and any cost and expense that is incurr by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects any plans and specifications, unless the liability or claim i due to or arises out of the City's sole and active negligence 19. This agreement shall not be assigned by Contractor without prior written consent of City. 20. This agrpement 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 agreeme -9- a. 0 .. shall not be construed as a waiver of the right to compel enforcement of such' prpvision or provisions. 21. The Contractor shall be aware of the requireme: of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included i this agreement. IN WITNESS WHEREOF, the parties hereto have executed thir agreement on the day and year first above written. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California i I 7 BY K i *dc./: c.. 4 LT%> ANN J. KULCHI& Mayor Pro-Tern Title APPROVED AS TO FORM: ATTEST : / ALETHA L. RAUTENKRANZ City Clerk -10- @. a CITY OF CARLSBAD LIST OF SIGNALIZED INTERSECTIONS LOCATION 1. 2. 3. a. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. ALGA RD. & ALICANTE RD. ALGA RD. h CORINTIA ST. ALGA RD. & EL CAMINO REAL AVENIDA ENCINAS h PALOMAR AIRPORT RD CALLE BARCELONA & RANCHO SANTA FE RD CAMINO ALVARO h RANCHO SANTE FE RD CAMINO VIDA ROBLE & EL CAMINO REAL CAMINO VIDA ROBLE h PALOMAR AIRPORT RD CARLSBAD BLVD & ELM AVE CARLSBAD ELVD h GRAND AVE CARLSBAD BLVD & POINSETTIA LANE CARLSBAD FLVD h TAMARACK AVE CHESTNUT AVE & EL CAMINO REAL CONCORD ST h ELM AVE DOVE LN & EL CAMINO REAL EL CAMINO REAL h ELM AVE EL CAMINO REAL & FARADAY AVE EL CAMINO REAL h HOSP WAY EL CAMINO REAL & KELLY DR EL CAMINO REAL h LA COSTA AVE EL CAMINO REAL & LEVANTE ST EL CAMINO REAL h MARRON RD EL CAMINO REAL & PALOMAR AIRPORT RD EL CAMINO REAL h PLAZA WAY EL CAMINO REAL & TAMARACK AVE EL FUERTE ST & PALOMAR AIRPORT RD ELM AVE & HARDING ST ELM AVE h MONROE ST ELM AVE h PI0 PICO DR ELM AVE h STATE ST GRAND AVE & STATE ST JEFFERSON ST h LAGUNA DR JEFFERSON ST & LAS FLORES DR JEFFERSON ST h MARRON RD JEFFERSON ST & TAMARACK AVE LA COSTA AVE & RANCHO SANTA FE RD MARRON RD & MONROE ST MARRON RD h PLAZA ENTRANCE MISION ESTANCIA & RANCHO SANTA FE RD PALOMAR AIRPORT RD h PASEO DEL NORTE PALOMAR AIRPORT RD & YARROW DR PI0 PICO DR & TAMARACK AVE EXHIBIT A