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Home My WebLink About1999-06-22; City Council; Resolution 99-225x/ 0 @ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF AN AGREEMENT. ~~ WHEREAS, the City of Carlsbad requires the services of a traffic signal maintenance contrac and; WHEREAS, proper bidding procedures have resulted in the receipt of a bid from a quali contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows 1. The bid from Signal Maintenance Inc., 2283 Via Burton St, Anaheim CA 92806 is her accepted. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute a contraci these services, a copy of which is attached hereto, for and on behalf of the City of Carlst for the period of one year with the option for the City Manager to renew for four additic one-year periods, with revised contract prices set by mutual agreement. 3. The Purchasing Officer is hereby authorized and directed to issue a purchase order for trz signal maintenance services. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City Carlsbad held on the 22 day of June , 1999, by the following vote to wit AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ABSENT: None ATTEST: (SEAL) ~ i < * I 0 0 AGREEMENT II. COMPENSATION A. Routine/Preventive Maintenance: For all of the routine/preventive maintenance services which Contractor is obligated to perform under the terms of Section IV “DUTY OF CONTRACTOR”, Sub-Section A “Routine/Preventive Maintenance” of this agreement, the City shall pay to the Contractor the sum of $ 34.50 per intersection per month. intersections added after the effective day of this agreement will be added at the same rate. This rate may be adjusted annually in accordance with the provisions of Section IV “FUTURE ADJUSTMENTS” of this agreement. All labor, equipment and materials necessary _. to complete the routine/preventive maintenance services shall be included in the cost per intersection. No additional payments will be made. B. Emeraencv Response: For emergency response services which Contractor is obligated to perform under the terms of Section IV “DUTY OF CONTRACTORn, Sub-section 8 “Emergency Response” of this agreement, the City shall pay the Contractor based on “time and 0 0 materials”. “Time and materials” shall include labor and equipment costs which shall be based on the attached Labor & Equipment Cost Schedule (Exhibit A) which may be adjusted annually in accordance with the provisions of Section VI “FUTURE ADJUSTMENTS” of this agreement. When not provided by the City, materials shall be supplied by the Contractor at cost with a reasonable percentage for overhead and profit not to exceed 15%. C. Extraordinary Services: . For extraordinary services which the Contractor is obligated to perform under the terms of Section IV “DUTY OF CONTRACTOR, Sub-section C “Extraordinary Services” of this agreement, the City shall pay the Contractor based on “time and materials” except as provided in subsections C2 and C3 of Section II “Compensation”. “Time and materials shall include labor and equipment costs ’ which shall. be based on the attached cost schedule (Exhibit A) which may be adjusted annually in accordance with the provisions of Section IV “FUTURE ADJUSTMENTS” of this agreement. When not provided by the City, materials shall be supplied by the Contractor at cost with a reasonable percentage for overhead and-profit not to exceed 15%. .. I, , ’ 1. ’ ,Loop-Set Testing: . , .. .. . For loop-set testing services which Contractor. is obligated to- perform under ,. ’ the terms of Section IV “DUTY OF CONTRACTOR’, Sub-section. C “Extraordinary Services” of this agreement, the City .shall pay to the Contractor a unit sum of $ 15.00 per loop set, payable upon completion of the requested testing. All labor, equipment, and materials necessary to complete the loop-set testing shall be included in the unit cost for each loop- set. No additional payments will be made. This unit cost may be adjusted each year in accordance with Section VI “FUTURE ADJUSTMENTS” of this agreement. 2. Loop Detector Replacement: For replacement of loop detectors which the Contractor is obligated to perform under the terms of Section IV “DUTY OF CONTRACTOR”, Sub- Section D “Loop Detector Replacement” of this agreement, the City shall pay the Contractor in accordance with the following: Type “A $ 125.00 each Type “B $ 125.00 each Type ‘ID $ 125.00 each Type “E $ 255.00 each Type “Q” $ 125.00 each Prices paid for loop detector installation shall be “lump sum” for loops complete in place including connection to the DLC in the pull-box. Necessary 0 a work beyond point of connection to DLC must be approved by the Public Works Director or approved designee and have an assigned incident and/or work order number. Payment for such work shall be based on “time and materials”. “Time and materials” shall include labor and equipment costs 3. Annual Relamping: a) For annual relamping services which Contractor is obligated to perform under the terms of Section IV “DUTY OF CONTRACTOR, Sub-section E “Annual Relamping” of this agreement, the City shall pay to the Contractor a lump sum of $ 4,3125.00 payable upon completion of the entire annual relamping program, based on a current total of eighty- eight (88) intersections. All labor and equipment necessary to complete the annual relamping shall be included in the lump sum cost. Materials including lamps and lenses will be provided by the City at the City’s option. When not provided by the City, materials shall be supplied by the Contractor at cost with a reasonable percentage for overhead and profit not to exceed 15%. .. b) Intersections added after the effective date of this agreement will ‘be added the following year at the rate of $ 49.00 per intersection regardless of the number of phases. All labor and .equipment-nec.essary to ,complete .the annual relamping shall be included in the. unit cost- for accordance with Section VI “FUTURE ADJUSTMENTS” of . this agreement. When not provided by the City, materials shall Be supplied by the Contractor at cost with a reasonable percentage for overhead and profit not to exceed 15%. .~ each intersection. This unit cost may be adjusted each year .in ’, 4. Annual Conflict Monitor Testing: For conflict monitor testing services which Contractor is obligated to perform under the terms of Section IV “DUTY OF CONTRACTOR, Sub-section F “Annual Conflict Monitor Testing,” the City shall pay to the Contractor the unit sum of $ 25.00 per intersection, payable upon completion of the entire conflict monitor testing ’ program. All labor, equipment, and materials necessary to complete the conflict monitor testing shall be included in the unit cost for each intersection. No additional payments will be made. This unit cost may be adjusted each year in accordance with Section VI “FUTURE ADJUSTMENTS” of this agreement. 111. AGREEMENT DOCUMENTS A. The complete agreement between the parties shall consist of and include the following documents, all of which shall be and are hereby incorporated by reference and a part hereof as fully as if set out in full herein: 0 e 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. This Agreement Exhibit A - Labor & Equipment Cost Schedule Exhibit B - List of Intersections Exhibit C - Monthly Inspection Checklist Exhibit D - Quarterly Inspection Checklist Exhibit E - Annual Inspection Checklist Certificates of Insurance IMSA Signal Technician il certificates for each qualified staff person. IMSA Signal Technician Ill certificates for each qualified staff person ATSSA Traffic Control Supervisor certificate for each qualified staff person IV. DUTY OF CONTRACTOR A. Routine/Preventive Maintenance: 1. Monthly Inspection ., a) The Contractor shall perform monthly routine/pre.ventive- inspections based on the City’s schedule. Such inspections shall be sc’heduled so that ‘each intersection is inspected at approximately the same date each month. b) The monthly inspection shall include a complete check of all timing and component functions and field appurtenances described in the “Monthly Inspection Checklist” (Exhibit C). Every three months, the “Quarterly Inspection Checklist” (Exhibit D) will be used in lieu of the “Monthly Inspection Checklist“ (Exhibit C) for that month’s inspection. c) Any graffiti found at the time of the inspection such as signs, flyers, and tape, shall be removed by the Contractor at that time at no additional cost to the City. Graffiti requiring extensive removal or special procedures, such as steam cleaning, will be performed by City staff or referred to the Contractor and treated as “Extraordinary Services” and payments will be made in accordance with the provisions of Section II “COMPENSATION”, Sub-section C, “Extraordinary Services”. d) All other deficiencies which require attention but do not constitute an unsafe situation will be referred to the Public Works Director or appointed designee by the end of the work day in which the inspection occurred. The Public Works Director or appointed designee will elect to make the repairs in-house or assign the Contractor an incident number authorizing the Contractor to make the repairs. If referred to the Contractor, repairs will be treated as “Extraordinary Services” and payments will be made in accordance with the provisions of Section II, “COMPENSATION”, Sub-section C, “Extraordinary Services”. ,.. .. -. . . .. a e e) Should the Contractor find an unsafe situation at the time of inspection, Contractor shall make any repairs necessary to return the intersection to a safe operating condition. Contractor shall then report to the City immediately upon completion of the repair. Such repairs will be considered “Emergency Response” and payment will be in accordance with Section I1 “COMPENSATION”, Sub-section B “Emergency Response” of this agreement unless such action would normally be considered part of the routine/preventive maintenance, in which case no additional payments will be made therefore. 9 The maintenance of all components within the confines of the cabinet (i.e. detectors, load switches, etc.) shall be the responsibility of the Contractor and shall be inspected each month for proper function. All adjustments made by the Contractor shall be included in the monthly cost for inspection. No additional payments will be made for adjustments or repairs normally considered preventiveh-outine maintenance. When a component must be removed from the intersection for repair, a like component will be provided and installed by the Contractor in place of the component requiring repairs. All repairs shall be the responsibility of the Contractor and the component shall be returned immediately upon completion of the repairs. ., (1) , If, in the opinion of the Contractor, any controller mechanism has Contractor shall notify the City and demonstrate or otherwise provide evidence that replacement is necessary. No permanent change of control mechanisms shall be done without prior approval of the City. g) The Contractor shall meet with City staff on a routine basis not less than once per quarter to discuss on-going problems and potential solutions, up-coming extra-ordinary work, and/or the status of special projects. These meetings shall be scheduled for a time and place mutually beneficial to both parties. . .. .. , .. become obsolete or deteriorated beyond the .point of repair, the. ., . B. Emerqencv Response Emergency Response shall be defined as the initial unscheduled response and repairs necessary to restore safe operation of the signalized intersection. 1. The Contractor will maintain a 24-hour toll-free emergency number where he/she can be reached in case of emergency. This phone number will be made available to all persons designated by the City. 2. The Contractor will provide service twenty-four (24) hours per day for the servicing of all equipment covered by this agreement. An IMSA/TSA Level II or higher technician will respond immediately upon notification in a vehicle with aerial capabilities. This vehicle shall be equipped with equipment and materials necessary to restore safe operation of the intersection. If the Contractor is contacted after normal working hours and determines that aerial capabilities are not necessary based on the information provided, initial 0 a response may be made in a service vehicle. However, if the Contractor opts to respond in a service vehicle and aerial capabilities are requires, the City yvJl - not pay any costs associated with retrieval of an aerial vehicle. Under normal conditions, initial response time should not exceed one (1) hour. In cases where delays are anticipated to exceed this maximum, Contractor shall notify the City immediately with an estimated time of arrival. In no case shall initial response time exceed two (2) hours. A greater response time may result in the City's non-payment of labor and equipment costs associated with the repairs. 3. The Contractor shall make timing adjustments only when necessary to compensate for sudden changes in traffic conditions or malfunctioning traffic signal equipment that cannot be repaired or replaced immediately. The Contractor. shall notify the City of these adjustments immediately upon completion of the adjustments. 4. If the estimated cost of emergency repairs exceeds $1,000, the Contractor shall restore the intersection to flashing operation and obtain authorization from the City before proceeding with repairs. For example, in cases involving a knockdown, where the City maintenance representative is not already on- site, the Contractor shall make every effort to notify the City maintenance representative as soon as possible and obtain authorization from the designated City representative for: repairs. If the City;decides to have the ,, .. Contractor .perform necessary repairs, an incident and/or."work order. number will be issued and work will begin as soon as possible. . : ' I. ,' 5. The City may request that the Contractorrespond to the scene of collisions at signalized intersections in order to verify proper signal operation. In this case, the Contractor shall perform a review of the traffic signal facility including a thorough inspection of all equipment for physical damage or equipment malfunction. Contractor shall also observe traffic movement and verify normal signal operation. Contractor shall then submit, in writing, a report summarizing the results of the inspection to the Public Works Director or appointed designee within 48 hours of the incident. . .- 6. Upon completion of emergency repairs, the Contractor shall invoice the City for all costs associated with the emergency in accordance with Section I1 "COMPENSATION", Sub-section B "Emergency Response". invoices for emergency maintenance shall include the following information: a) b) c) d) ' e> 9 9) h) i) j) k) intersection description/name intersection number authorizing party time of call description of complaint time of arrival status upon arrival corrective measures taken status upon departure time of departure invoice number 0 0 I) incident number m) equipment identification number - part being replaced n) equipment identification number - replacement part The City may request that additional information be added to the invoices provided such request is made in writing and such request does not excessively burden the Contractor. Upon receipt of a written request for additional information, the Contractor shall have ten (IO) days to respond with objections. If no objections are received within ten (IO) days, invoices for all emergency response shall include the requested information. Payment for invoices not containing all requested inforrnatisn may be delayed. C. Extraordinary Services: Extraordinary Services shall be defined as scheduled repairs/services resulting from any’ part of a traffic signal system that is damaged by collision, acts of God or malicious mischief, excepting any damage resulting from the negligence of the Contractor, or normal deterioration due to the passage.of time. It shall also include requests for special programming, synchronized ’ system timing, consultation services, and other special requests. All extraordinary. maintenance shall .be subject to prior approval of the Public Works Director or appointed designee. Work . . ’ performed as. “Extraordinary Services” will be -cornpleted:,witJnin the. time agreed . . ”. ’. ’ upon.by both’ parties at the time work is.assigned: Warkmot.completed.,within-,this ’ mutually agreed time will be subject to the terms of Section V “LIQUIDATED DAMAGES”. 1. .Special Proqramminq The City may request that special time programming be performed (i.e. time of day programming, synchronized system timing). Payment for such work shall be based on “time and materials”. “Time and materials” shall include labor and equipment costs which shall be based on the attached Labor & Equipment Cost Schedule (Exhibit A) which may be adjusted annually in accordance with the provisions of Section VI, “FUTURE ADJUSTMENTS” of this agreement. When not provided by the City, materials shall be supplied by the Contractor at cost with a reasonable percentage for overhead and profit not to exceed 15%. 2. Loop-Set Testinq On-going detection problems will be reported to the City for determination if loop-set testing is required. Loop-set testing shall be performed at the discretion of the Public Works Director or appointed designee. A loop-set is defined as all loops connected to a single lead-in cable of a single loop detector amplifier in a rack slot. The loopset testing shall include disconnecting all loops from the lead-in cable to separate the individual loop- sets for the slot to be tested, a meg check of each individual loop in the loop- set, reconnection of the loops, and testing of the lead-in wiring for the loop- set. 0 0 3. Loop Detector Redacement a) Upon notification from the Public Works Director or appointed designee, the Contractor will install new loop detectors. New loop configuration will be four (4) Type E loops per lane unless otherwise indicated. Loop installation will included pavement cutting, placement of the conductors including home run, sealing pavement cuts, and connection to DLC in pull box so that loop-set is functioning properly upon completion of the installation. Only IMSA / TCS Level II or higher technicians are authorized to make loop connections within the cabinet. b) In most cases, the Contractor will be asked to install four (4) or more loops at one time; however, the City reserves the right to request fewer than four (4) loops if deemed necessary by the Public Works Director or appointed designee. Payment for loop installation will be in accordance with Section II "COMPENSATION", Sub-section. D "Loop Detector Replacement". .. .. . ,. .. : ,. . . , . . . ,!. ..,._ i' . , , , , .4. . , Annual Relampinq . . ,, . . .... . . : ., ',.. ' . . ,. . ,." .. ,. . ' ,. .. .- .:..,~ ' ' .. ." . . ,.. a)' h3he sixth month following, lhe,-effective date of ,the agreement and :: ,. annualiy thereafter, -the Contractor will have 90 days to remove and: replace all incandescent lamps in all signal heads and Type A pedestrian heads in accordance with the schedule designated herein unless otherwise instructed by the Public Works Director or appointed designee. b) Beginning in the first year of this co'ntract and in each subsequent odd numbered year for which this agreement is extended, the Contractor shall remove and replace incandescent lamps for all green and red indications and all Type A pedestrian signals. For each even numbered year for which this agreement is extended, the Contractor shall remove and replace incandescent lamps for all green, yellow, and red indications and all Type A pedestrian signals. c) The City will provide lamps and other necessary materials unless the Public Works Director or appointed designee notifies the Contractor otherwise. In such case, the Contractor will provide the materials specified by the Public Works Director or appointed designee and the City will pay the Contractor for the actual materials costs plus a reasonable percentage for overhead and profit not to exceed 15%. Contractor will return all lamps and materials removed from City signals to the City for disposal unless otherwise instructed. Intersections not .completed within the 90 day period will be subject to the assessment of liquidated damages as specified in Section V "LIQUIDATED DAMAGES". In extreme cases, the Public Works 0 0 Director or appointed designee may authorize an extension and waive the obligation to pay liquidated damages. d) Contractor shall clean, polish, and inspect all traffic signal head lenses and reflectors. Contractor shall replace all broken or deteriorated parts and leave each intersection clean and secure. Special attention will be given to ensure proper closure of all doors and tight fastening of all wingnuts. Contractor shall adjust and align all signal heads, including optically programmed heads in accordance with the “Annual inspection Checklist” (Exhibit E); e) Contractor shall check signal head and mast arm sign mounting hardware for corrosion. Contractor shall verify alignment of all mast arm signs, and signal heads and shall repaidrealign as required in accordance with the “Annual Inspection Checklist” (Exhibit E). 9 Contractor shall clean all emergency vehicle pre-empt detection scopes. Contractor shall check mounting hardware for corrosion and shall adjust .... and align as required in accordance with the “Annual Inspection Checklist” (Exhibit E). g) Following completion of relamping, City staff . will inspect each intersection to verify that Contractor has completed relamping in .. .. ._ accordance with good traffic signal ,maintenance practices and. the.. I .. .. , . .. , , ‘II ,.. . . , . ’. I ..,. guidelines specified herein. Inspections will,.occirr:on at least -on. signal .. head,’. selected randomly,. at- each intersection-. .. . Should the selected head fail the inspection, the Contractor will be obligated to return to the intersection within five working days to complete the relamping to the City’s satisfaction. h) The City reserves the right to modify and/or delete this program at any time during the course of this agreement. 5. Annual Conflict Monitor Testing a) Within 90 days after execution of this agreement and annually thereafter, and/or when so instructed by the Public Works Director or appointed designee, the Contractor will remove the conflict monitor for testing in the field. The Contractor will provide all testing equipment and previously tested conflict monitor units and diode boards for use during the testing period. Conflict monitors must meet manufacturer’s specifications prior to reinstallation into the cabinet. Copies of test results will be submitted to the City upon request by the Public Works Director or appointed designee. Contractor must complete conflict monitor testing on all designated intersections within ninety (90) days following the first calendar day of the sixth month of the agreement or be subject to the assessment of liquidated damages in accordance with Section V “LIQUIDATED DAMAGES”. Intersections not completed within the 90 day period will be subject to the assessment of liquidated damages as specified in Section V “LIQUIDATED DAMAGES”. In extreme cases, the Public Works 0 0 Director or appointed designee may authorize an extension and waive the obligation to pay liquidated damages. b) The contractor will notify the City prior to beginning the conflict monitor testing. Contractor will submit a time schedule for the completion of the conflict monitor testing program which will be updated daily during completion. c) The City reserves the right to modify and/or delete this program at any time during the course of this agreement. V. LIQUIDATED DAMAGES All work not completed within the time period allotted for said work shall be subject to the assessment of liquidated damages in the amount of $50.00 per affected intersection per work day for each day beyond the specified completion time. Adjustments to completion time will be made for adverse weather conditions at the discretion of the Public Works Director or appointed designee. Vi. FUTURE ADJUSTMENTS .. ... .~ . 1 ’ .. A., . . Annually, all costs,specified in Section II ‘COMPENSATION” and,in Exhibit A “Labor. ,, , .. 1 .,, .. ... . & .. Eq.uipment,Schedule” may be subject to changepto:;ieflect cost of living-increases .. or.hecreases in’the costs of labor and equipmentas. dictated by market conditions. ’ : B., Periodically, during the course of this agreement, circumstances may arise that affect the Contractor’s expenses under the terms of this agreement due to cost increases beyond the Contractor’s control. Should this happen, the Contractor shall submit a written request for a unit cost increase. The City will research this request and will respond to the Contractor within ten (IO) working days. If the adjustment is fair and justified and the City and Contractor mutually agree on the increase, an amendment to the agreement will be prepared and submitted to the City Manager for final approval. Should adjustments to Section IV “DUTY OF THE CONTRACTOR be required, the City shall notify the Contractor in writing of the requested modification and any associated costs. The Contractor will have ten working days within which to approve the change. If both parties agree to the modified duties and/or modified unit cost, the amendment to the agreement will be prepared and submitted to the City Manager for final approval. If the Contractor does not agree to the required modifications, the City shall have the option of terminating this contract upon 30 days written notice to Contractor. . .. VII. DRUG &ALCOHOL FREE WORKPLACE A. The City of Carlsbad is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, the Contractor and the Contractor’s employees shall assist in meeting the requirements of this policy as set 0 0 forth in the “City of Carlsbad Drug and Alcohol Use Policy” incorporated by reference herein. B. Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the City, on City property, or while using City equipment will not be in possession of, use, or be under the influence of drugs or alcohol. C. The Contractor has the duty to inform all employees or agents of the Contractor that are performing service for the City on City property or using City equipment of the City’s objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for the City. 0. The City has the right to terminate this agreement and any other agreement the Contractor has with the City if the Contractor or Contractor’s employees are determined by the Public Works Director or approved designee to have breached the provisions of Section VI1 herein as interpreted and ‘enforced pursuant to the provisions of the “City of Carlsbad Drug and Alcohol Use Policy” incorporated by reference herein. VIII. STAFF . .. I. A: Contractor shall use only Level a 1.1 or .higher. .IMSA/TSA certified :technicians .to ; .. , ,’ .., I. i. ’..’ 1 . . services; maintain, and make .necessaiy repairs to. traffic-signal, devices. within the .I . .’ confines of controller cabinet. Skilled laborers can -make- hardware repairs Cmder. the direct supervision of the Level Ii technician. No work will occur at any signalized intersection under this agreement without a Level II or higher technician present at- all times unless otherwise previously approved in writing by the Public Works Director or approved designee. B. Contractor shall maintain on staff a minimum of one IMSA/TSA Level Ill certified technician at all times. C. Contractor shall maintain on staff a minimum of one ATSSA certified Traffic Control Supervisor at all times. IX. EQUIPMENT A. The machinery and equipment used by the Contractor in the furtherance of this agreement shall be modern, clean, and maintained in proper working condition at all times consistent will current standards of the industry and subject to the approval of the Public Works Director or approved designee. B. As requested by the Public Works Director or approved designee, the Contractor shall supply the City with a list of the equipment being used in furtherance of this agreement including its make, model, date of manufacture and any other pertinent information. C. All equipment shall be available for inspection by the City upon 24 hour notification to the Contractor. D. The Contractor will be issued a handheld EVP emitter and emitter testing unit for the purpose of better maintaining the City’s emergency vehicle preemption system. e e These items will remain the property of the City of Carlsbad and must be returned to the Street Maintenance Supervisor upon termination of this agreement. X. MATERIALS A. All materials used in the furtherance of this agreement shall be in accordance with Caltrans specifications and approved by the Public Works Director or approved designee. XI. TRAFFIC CONTROL A. The Contractor may be required to submit traffic control plans to be approved by the Traffic Engineer for extra-ordinary services. Preparation of these plans shall be the sole responsibility of the Contractor. Public Works staff will assist only with interdepartmental coordination. All drawings and revisions will by the responsibility of the Contractor. B. All trafftc control devices shall be in accordance with the latest edition of the “Manual of Traffic Control Devices for Construction and ‘Maintenance Work Zones” as published by the State of California, Department of Transportation (Caltrans). cohtr~I ‘devices. interference with public traffic. D. Any time during the course of this agreement that the Contractor initiates flash operation at a signalized intersection, Contractor shall notify the City immediately with an approximate time that the intersection will be restored to automatic operation. ,. ... Th,e Contractor will be responsible for providing and placing all temporary traffic .. .... .. .. ,. ... ....... ,~ 1 .. , .. ........ . . ,, , .. .. . ,. ., . C. ,- ,’ The Contractor.shal1 conduct hidher operations so as to causedhe leist possible XI I. RECORDS A. The Contractor will maintain at hidher place of business a record of all service calls or work performed upon the signal equipment including date, location, times in and out, costs for equipment and materials used, parts and supplies used, and the names of all persons who performed work. maintenance, the Contractor will update the record book within the cabinet. B. Each time work is performed at an intersection, including monthly routinelpreventive C. The Contractor will maintain accurate timing information sheets within the controller cabinet at each signalized intersection. The Contractor will provide copies of these sheets upon request of the Public Works Director or approved designee. XIII. INSURANCE A. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the 0 e Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91- 403. 1. Coverages And Limits Contractor shall maintain the types of coverages and 2. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. 3. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto’’ and cannot be limited in any manner. 4. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits as required by. the Labor .Code.of the State.of California and Employers’ Liability limits of $1,000,000 per incident.. . Workers’ compensation offered by .the State Compensation Insurance Fund is: B.. ,Additional Provisions: Contractor .shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. 1. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage. 2. The Contractor’s insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect minimum limits indicted herein: .. ..I : -acceptable to the City. .. . .. . .. ., ,. I. ., . ., .. . , i .. , coverage provided to the City, its officials, employees or volunteers. 4. Coverage shall state that the contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 0 a C. D. E. F. G. . . ,, .. H. I. Notice Of Cancellation: Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. Deductibles And Self-Insured Retention (S.I.R.) Levels: Any deductibles or self- insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. Waiver Of Subrogation: All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and. endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. ., Acceptability Of Insurers: Insurance is to be placed with:insurers that have a rating in Best's Key Rating Guide of at least A-:V. tnsurers must.also, be authorized to ,transact the business of insurance ' by the : !3ate- of.- California Insurance Commissioner as admitted carriers as evidenced.: by. a listing-. in'. the ' official. publication. of the Department of Insurance of the State of California.. and/or under the standards specified by the City Council in Resolution No. 91-403. .. Verification Of Coverage: Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. Cost Of Insurance: The Cost of all insurance required under this agreement shall be included in the Contractor's bid. .. XIV. FAITHFUL PERFORMANCE A. The standards of performance which the Contractor is obligated to perform hereunder are the standards which are considered to be good traffic signal maintenance practices and shall be subject to the approval of the Public Works Director or approved designee. XV. CANCELLATION CLAUSE A. If Contractor refuses or fails to prosecute the agreement or any separable part thereof with such diligence as will ensure its completion within the time specified by the City or any extension thereof, or fails to complete such work within such time, or if Contractor should be adjudged bankrupt, make a general assignment for the 0 0 benefit of creditors, or if a receiver should be appointed on account of Contractor’s insolvency, or if Contractor fails to make prompt payment for materials, equipment or labor, or if Contractor persistently disregards laws, ordinances, policies or instructions of City, City may serve written notice upon the Contractor of its intention to declare this agreement in default. Said notice shall contain the reasons for such intention to declare default, and unless within ten (IO) days after service of such notice, such violations shall cease and satisfactory arrangements for the corrections thereof including payment to the City for any damages resulting therefrom, be made and documented in writing by both parties, this agreement shall upon the expiration of said time, be in default. XVI. HOLD HARMLESS AND INDEMNIFY A. The City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines or any damage to goods, properties or 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 Contractor or Contractor’s agents, employees .or representatives. Contractor agrees to defend, indemnify, and hold harmless the City and its authorized agents, ’ officers, and employees against any of the foregoing liabilities or claims of any .. fees and ,liability incurred by the City on account.:.of. any of the foregoing including : , . I , 4abilities or claims by reason of alleged defects:.in..any plans -and specifications, unless that liability or claim is due to, or arises out of, the sole willful or negligent conduct of the City or its employees. .. . . . .. ,, .. ’, .. . Contractor’s indemnification shall include. any.;and:.all..c&t ‘and, expense, attorne,y’s XVII. JURISDICTUON A. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. XVIII. STATUS OF THE CONTRACTOR A. The Contractor shall perform the services provided for herein in the Contractor’s own way as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished but shall consult with the City as provided for in this agreement. B. The Contractor is an independent contractor with the City. The payment made to Contractor pursuant to this agreement shall be the full and complete compensation to which Contractor is entitled pursuant to this agreement. The City shall not make any federal or state tax withholdings on behalf of the Contractor. The City shall not be required to pay any worker’s compensation insurance on behalf of the Contractor. The Contractor agrees to indemnify the City for any tax, unemployment compensation, retirement contribution, social security, payment of wages or 0. 0 worker’s compensation payment which the City may be required to make on behalf of Contractor or any employee of Contractor for work done under this agreement. C. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 1101 - 1525) and shall comply with hose requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this agreement. XIX. SUBCONTRACTING AND ASSIGNMENT A. The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior written approval of the City in its absolute discretion. XX. PROHIBITED INTEREST A. No official of the City who is authorized in such capacity on’ behalf of the City to take part in negotiating, making, accepting, or.. approving this contract,. , or any architectural, engineering construction or .. material . supply contractor or subcontractor- associated with this contract, 1 shall become directly or indirectly - . , . ,.. . interested personally in this contract or i,n,any part thereof. No:employee, architect,. .. . .. ,, ... .. , ’ I engineer, inspector or attorney.of-or for the City-who is authorized in such capacit.y ,. .. .. .. . . ’ and on behalf.,of .the City to exercise any executive, supervisory, or other similar. , . ‘functions in connection with the.perforrnance of this contract shall become directly or indirectly interested personally in this contract or any part thereof: XXI. VERBAL AGREEMENT OR CONVERSATION A. No verbal agreement or conversation with any office, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this agreement. XXII. ACCEPTANCE OF PUBLIC FACILITIES “AS IS” A. Contractor acknowledges having examined the public facilities to be maintained pursuant to this agreement and accepts them “as is.” No changes in the accepted conditions of the facilities shall be made by Contractor without prior approval of the Public Works Director or approved designee. Ill Ill Ill 0 0 XXIII. CITY PERMITS A. The Contractor must have a current City business license. Bidders are advised to consult the Business License Supervisor as to the exact cost of such license if not currently licensed. Executed this 2nd day of June ,I9 99 . CONTRACTOR: Signal Maintenance, Inc. (name of CEractor) W Leroy J. 'Qgg, Jr.'/President .. .. ., James R-pson/Sect 'y/Treas . . . ~ ;- , &k?&&- WLZ. Wy.ClW,U ' c) : .. ,. .. ._ .. , . ,. , .. . . .. .. . . .. . (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California On June 2, 1999 Margarita C. Ottosson, Notary Public personally appeared Name and Etle of Officer (e.g., "Jane Doe. Notary Public") *****H*** Leroy J. Ogg, Jr. & James R. Thompson ***************** Name($ of Signer(s) @ personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that -/they executed the same in Wtheir authorized capacity(ies), and that by. .tUbnr/their .signature(s) on the instrument the person(s), or .. Place Notary Seal Above Though the informafion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form fo another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Corporate Officer - Title(s): 0 Partner - 0 Limited (7 General 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: 0 1997 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 * Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 0 0 LABOR & EQUIPMENT COST SCHEDULE Exhibit A Agreement No. STS99002 Traffic Signal Maintenance & Repair for - Item Description with Item Unit Price or Lump Sum - No. Price in Words .. Unit. .. Price ' . ' . - -. .. 1. ' Routine .. preventive maintenance . inspections at thirtv-four dollars ~ .. .. . .. ....... ,, ,. .. .." ,, : .,, and .fiftv I, . .- .. ,cents per ... ........ ., - , . ., .. . - ............... ~ ",,. .. .. I : . .. , ' . intersection per month'. . ' 1' .. .. .. ... .. .. ... !§ 34.50 2. Type A loop detector complete in place at one hundred twenty-five dollars and zero cents each. $125.00 3. Type B loop detector complete in place at one hundred twenty-five dollars and zero cents each. $1 25.00 4. Type D loop detector complete in place at one hundred tweny-five dollars and zero cents each. $125.00 5. Type E loop detector complete in place at two hundred fiftv-five dollars and zero cents each. $255.00 6. Type Q loop detector complete in place at one hundred twenty-five dollars and zero cents each. $1 25.00 0 0 Item Description with Item Unit Price or Lump Sum Unit - No. Price in Words Price Item Description with Item Unit Price or Lump Sum Unit - No. Price in Words Price 7. Loop-set testing complete in place at fifteen dollars and zero cents per loop-set as defined in the agreement documents. $1 5.00 8. Annual relamping of all incandescent indications and type A pedestrian signals in accordance with the schedule specified in the agreement at fortv-nine dollars and zero cents per intersection. $49.00 ' ' 9. Annual conflict monitor testing at .. ..... thirty-two dolllars and ........... zero per intersection. .. .. -- ........... 1 , .. ., . ,, ...... .... ......... - .I. ,:_ . .. .. $25.00 IO. IMSA Level It Technician at thirtv-two dollars and fiftv cents per regular hour. $32.50 11. IMSA Level I Technician at twenty-six dollars and zero cents per regular hour. $26.00 12. General laborer at eighteen dollars and zero - cents per regular hour. $1 8.00 13. Aerial truck at nine dollars and fiftv cents per hour. $9.50 14. Service truck at seven dollars and fifty cents per hour. $7.50 15. Compressor at seven 0 0 Item Description with Item Unit Price or Lump Sum Unit No. Price in Words Price dollars and cents per hour. $7.00 TOTAL AGREEMENT AMOUNT: $129,819.00 0 * LIST OF INTERSECTIONS Exhibit B Agreement No. STS99002 for Traffic Signal Maintenance & Repair MA1 N 1 Adams Dr 2 Alga Rd 3 Alga Rd 4 Alga Rd 5 Alga Rd 6 Ambrosia Ln 7 Arena1 Rd 8 Armada Dr 9 Aston Av 1 8 Avenida Encinas 1 1 Avenida Encinas 12 Avenida Encinas 13 Avenida Encinas 1 4 Aviara Pkwy 15 Aviara Pkwy 16 Aviara Pkwy 17 Aviara Pkwy 1 8 Batiquitos Dr 19 Beech Av 20 Cadencia St 21 CaBle Barcelona 22 Calle Barcelona 23 Camino Alvaro 24 Camino de las Ondas 25 Camino de 10s Coches 26 Camino de 10s Coches 27 Camino Vida Roble 28 Camino Vida Roble 29 Cannon Rd 30 Cannon Rd 31 Cannon Rd & CROSS & Tamarack Av & Alicante St & Corintia St & El Camino Real & El Fuerte St & Aviara Pkwy & El Camino Real & Palomar Airport Rd 8a College Blvd . . i & Carlsbad Blvd. : :.- ! : .' I & PaIomar Aiiport Rd. ' -. .. '. I, & Poinsettia Ln , . . . & San Lucas ti Batiquitos tn & Black Rail Ct 8t Four Seasons R & Manzanita St & Poinsettia Ln & Carlsbad Blvd & La Costa Av (future) & El Camino Real & Rancho Santa Fe Rd & Rancho Santa Fe Rd & Paseo del Node & Rancho Santa Fe Rd & Stagecoach & El Camino Real & Palomar Airport Rd & Carlsbad Blvd & Lego Dr & Paseo del Norte 0 0 LIST OF INTERSECTIONS Exhibit B (continued) MAIN & CROSS 32 Carlsbad Blvd & Carlsbad Village Dr 33 Carlsbad Blvd & Cerezo Dr 34 Carlsbad Blvd & Grand Av 35 Carlsbad Blvd & Island Wy 36 Carlsbad Blvd & Pine Av 37 Carlsbad Blvd & Poinsettia Ln 38 Carlsbad Blvd & Solamar Dr 39 Carlsbad Blvd & Tamarack Av 40 Carlsbad Village Dr 89 Concord St . ' .I 41 Carlsbad Village Dr : & El Camino Real .. :i ..- , ,. . - . I ... .. '' . . . '. ", 42 Carfsbad Village Dr .,& ' Harding St:,. :.."'- . ' .. .. .. .' ... .. . '" ..,. 43 Carlsbad Village Dr .& High1and;Dr " 44 Carlsbad Village Dr & Jefferson St 45 Carlsbad Village DP & Madison St 46 Carlsbad Village Dr 89 Monroe St 47 Carlsbad Village Dr & Pi0 Pic0 Dr 48 Carlsbad Village Dr & Roosevelt St 49 Carlsbad Village Dr & State St 50 Cassia Rd & El Camino Real 51 Chestnut Av & El Camino Real 52 Chestnut Av & Monroe St 53 Cinema wy & Marron Rd 54 College Blvd & El Camino Real 55 College Blvd & Faraday Av 56 College Blvd & Palomar Airport Rd 57 Costa del Mar Rd & El Camino Real 58 Dove Ln & El Camino Real 59 El Camino Real & Faraday Av 60 El Camino Real & Hosp Wy 61 El Camino Real & Kelly Dr 62 El Camino Real & La Costa Av e 0 LfST OF INTERSECTIONS Exhibit 6 (continued) MAIN & CROSS 63 El Camino Real & Levente St 64 El Camino Real & Marron Rd 65 El Camino Real & Palomar Airport Rd 66 El Camino Real & Plaza Dr 67 El Camino Real & Rancho Carlsbad Dr 68 El Camino Real & Tamarack Av . . ' 69 El Fuerte St & Palomar Airport Rd ' ' ' 78 Grand Av- . & Jefferson St: *" ' ' 71 Grand Av 8a Roosevelt St .': : . . ; : , 7.2 Grand Av & State St .' ,'.I ::. : I.; i .. . . i ., 73 Hidden Valley FW & Palsmar &m6B,-Rd;: ....:'<..'. ; .-,,::; 74 Jefferson St & Laguna Dr .- . % . 75 Jefferson St & Las Flores Dr . . 76 Jefferson St & Marron Rd 77 Jefferson St & Tamarack Av 78 La Costa Av & Rancho Santa Fe Rd 79 La Costa Av & Romeria St (future) 80 La Costa Av & Viejo Castilla Wy (future) 81 Marron Rd & Monroe St 82 Melrose Dr & Palomar Airport Rd 83 Melrose Dr & Rancho Santa Fe Rd 84 Palomar Airport Rd & Palomar Oaks Wy 85 Palomar Airport Rd & Paseo del Norte 86 Palomar Airport Rd & Yarrow Dr 87 Paseo del Norte & Poinsettia Ln 88 Alga Rd & Melrose Dr 89 Aviara Pkwy & Mimosa Dr .. 0 0 AGREEMENT FOR SIGNAL MAINTENANCE & REPAIRS 0 0 AGREEMENT FOR SIGNAL MAINTENANCE & REPAIRS Monthly inspection Checklist (continued) 1 = Repairs Completed by Contractor per maintenance agreement 2 = Repairs completed by Contractor at City's request - incident number assigned 3 = Referred to City for repairs 0 0 AGREEMENT FOR SIGNAL MAINTENANCE & REPAIRS Quarterly Inspection Checklist * 1 = Repairs completed by Contractor per maintenance agreement 2 = Repairs completed by Contractor at City's request - incident number assigned 3 = Referred to Ci for repairs 0 e AGREEMENT FOR SIGNAL MAINTENANCE & REPAIRS Quarterly inspection Checklist (continued) 0 a CITY OF CARLSBAD AGREEMENT FOR SIGNAL MAINTENANCE & REPAIRS Annual Inspection Checklist ./