HomeMy WebLinkAbout1985-04-02; City Council; 7867-1; Amendment to Traffic Signal Maintenance* u3# 74%7- ! TITLE:
IEPT. U/M
AMENDMENT TO TRAFFIC aIGNAL
MAINTENANCE CONTRACT ATG.~
RECOMMENDED ACTION:
DEPT. HD.
CITY ATTY @
CITY MGR.~!~
Adopt Resolution No. '795.3 approving an amendment to the agreement with
Southwest Signal Service to provide rehabilitation and refurbishing of five
traffic signal controllers at El Camino Real (Plaza, Marron & Hosp Way),
at Carlsbad Boulevard and Elm Avenue and at Elm Avenue and Harding Street.
ITEM EXPLANATION:
The City of Carlsbad signed an agreement on September 14, 1984 with Southwest
Signal Service to provide traffic signal maintenance. The agreement intended
to include the rehabilitation and refurbishing of five traffic signal controllers
but did not specifically do so.
order for the contractor to do the desired work.
It is necessary to amend the agreement in
FISCAL IMPACT:
The FY 1984-85 budget allocated $85,100 for professional services in account
number 01-54-10-2470. $40,000 of this amount is for the rehabilitation and
refurbishing of the five controllers.
EXHIBITS :
1. Resolution No. 795-3 approving amendment to the agreement between
the City of Carlsbad and Southwest Signal Service.
2. Amendment to agreement.
3. Agreement.
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RESOLUTION NO. 795 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIAy APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SOUTHWEST SIGNAL SERVICE FOR
REHABILIBATION AND REFURBISHING OF TRAFFIC SIGNAL CONTROLLERS.
BE IT RESOLVED by the City Council of the City of Carlsbad as
follows :
1.
Service for maintenance of traffic signals in the City of Carlsbad does exist.
2. That an amendment to the contract, a copy of which is attached here to and
incorporated herein by reference, is hereby approved.
3.
execute said amendment for and on behalf of the City of Carlsbad.
That certain agreement between the City of Carlsbad and Southwest Signal
The Mayor of the City of Carlsbad is hereby authorized and directed to
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Carlsbad at a regular meeting held the 2nd day of April 1985, by
the following vote, to wit:
AYES:
NOES: Elone
ABSENT: None
Council IWnbers Casler, kwis, Kulchin, Chick and Pettine
ATTEST :
(!z&& 04. k?tt,'~ Aletha L. Rautenkranz, City ClerkA
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AMENDMENT
This Amendment, made and entered into this day of
, 1985, to the Agreement made and entered into on the 14th day
of September, 1984, by and between the City of Carlsbad, California? a municipal
corporation, hereinafter ref erred to as "City" and Southwest Signal Service,
hereinafter referred to as "Contractor".
The basic Agreement is amended in accordance with item 19 by the
addition of item 7A to wit:
7A. Contractor agrees to rehabilitate and refurbish traffic signal
controllers at certain street intersections. Controllers will be provided
by the City Necessary material required will be provided by the Contractor.
All labor and material will be provided in accordance with Exhibit A to the
basic Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this amendment
on the day and year first above written.
Contractor City of Carlsbad, a municipal corporation
of the State of California
Approved As To Form: Attest:
Daniel Hentschke Aletha L. Rautenkranz
Assistant City Attorney City Clerk
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THIS AGREEMENT, made and entered into this /q'day of Le ,
984, by and between the CITY OF CARLSBAD, California, a municipal corporation,
ereinafter referred to as "City", and Southwest Signal Service ,
ereinafter referred to as "Contractor".
WITNESSETH:
WHEREAS, the City does find that the proposal tendered by the Contractor
Dr traffic signal maintenance, including the furnishing of a1 1 labor, services,
aterials, 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
B. 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.
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 all contract documents hereinabove
meferred to. It is understood and agreed that all said labor, services,
The said Contractor agrees to furnish all tools, equipment, apparatus,
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taterials, and equipment shall be furnished and said work performed and
ompleted by the Contractor as an independent Contractor, subject to the
nspection and approval of the City acting through its Utilities and Maintenance
lirector or his designated representative.
3. The Contractor agrees to make a routine inspection and clean and adjust
lach controller and signal indications, and replace broken parts or change parts
IS is necessary, one time per month.
4. Contractor agrees to furnish replacement lamps for all signals.
:ontractor agrees to use only standard traffic signal lamps as manufactured by
ieneral Electric Company or Sylvani a Company. Contractor is to furnish speci a1
ong lasting anti-static cleaning agent for lenses and reflectors. Contractor
rill 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
,eported. 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
lay, at its option, make these replacements or repairs.)
5. Contractor agrees to replace or repair any and all defective parts of
.he controller mechanism as the occasion arises.
6. Contractor agrees to maintain a 24-hour per day emergency service for
.ontroller malfunctions.
7. Contractor agrees to make emergency service calls when necessary to
lake 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
'eason whatsoever.
8. For and in consideration of the furnishing by said Contractor as here
rovided of said labor, services, materials, and equipment in accordance with
ill provisions of this agreement, together with the appurtenances thereto,
;aid Contractor shall be entitled to receive and shall be paid by the City,
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tnd said Contractor agrees to accept in full satisfaction therefor, the sum of
Forty-nine dollars ($ 49.00 ) per intersection per month.
;aid sum shall be paid by the City to said Contractor each month as said sum
lecomes 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 Utilities
ind Maintenance Director, said monthly maintenance sum per intersection shall be
,ubject to change in accordance with the Consumer Price Index, Los Angeles, as
ublished by the U. S. Department of Labor, based on one-half of the percentage
hange in the index from the first month of this agreement to each succeeding
inniversary thereof.
9. All fixed time and semi-actuated signals which are installed from time
o time shall be added to those already maintained by the Contractor. These
ignals shall be maintained at the same rate and in the same manner as those
overed by this agreement. In the event notification is made at other than the
leginning of the monthly Contract period, payment for that month shall be pro-
'ated from the day the Contractor is notified.
ignals are installed of a more complicated type than semi-actuated signals,
hese may be added to the maintenance agreement at a price mutually satisfactory
o the Contractor and the City.
In the event any fully actuated
10. The City agrees to pay the non-maintenance repairs over and above the
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
ifteen percent (15%), and the adjusted cost of labor and equipment used for
uch repairs in accordance with the schedules on Exhibits A and B.
The
11. The Contractor agrees to commence the work provided for herein
mediately upon the completion of the execution of this agreement and the
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delivery to Contractor of an executed copy thereof and to continue in a due and
diligent workerlike manner and without interruption.
terminate three (3) years from the date Contractor commences work, at which time
the agreement may be negotiated for renewal as mutually agreed upon by City and
:ontractor.
This agreement shall
12. The Contractor shall carry public liability and property damage
insurance in an amount not less than Five Hundred Thousand Dollars ($500,000)
for injuries, including accidental death, for any one person, and subject to the
same 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
amount not less than Fifty Thousand Dollars ($50,000) for any liabilities
arising from this Contract.
the life of this Contract, Workers' Compensation Insurance covering all of
;ontractor's 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
Df the abovementioned insurance has been issued and is in full force and effect
wior to commencing work in accordance with this agreement.
shall be responsible for the insurance coverage as herein provided of all
employees of said Contractor.
The Contractor shall likewise obtain public liability and property
The Contractor shall also take and maintain during
The Contractor
damage insurance to cover vehicles used or maintained in the performance of said
vJork connected with this agreement with liability limits of not less than Two
iundred Fifty Thousand Dollars ($250,000) for any one person and Five Hundred
Thousand Dollars ($500,000) for any one accident, and property damage of Fifty
Thousand 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)
days' written notice to the other, and this agreement shall terminate forthwith
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,ixty (60) 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
tpon the Contractor of its intention to terminate such Contract and, unless
rithin 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
;eminate. As to violations of the provisions of this Contract which cannot be
*emedied or corrected within ten (10) days, said Contract shall, at the option
If the City, cease and terminate upon the giving of like notice. In the event
)f any such termination for any of the reasons abovementioned, the City may take
Iver the work and prosecute the same to completion by Contract or otherwise for
:he amount and at the expense of the Contractor.
15. It is expressly understood and agreed that the Contractor herein named
in the furnishing of all labor, service, materials, and equipment performing the
vork 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
ji scl aims a1 1 warranties with respect to materi a1 s suppl i ed hereunder, and
Further disclaims all warranties with respect to materials supplied hereunder,
and further disclaims any and all liability for failure to perform or delay in
Derformance 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, liabilities, penalties, fines, or any damage to goods, properties,
or effects of any person whatever, nor for personal injuries or death caused by
Dr resulting from, or claimed to have been caused by, or resulting from any act
Dr omission of Consultant or Consultant's agents, employees, or representatives.
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onsultant agrees to defend, indemnify, and save free and harmless the City and
ts authorized agents, officers, and employees against any of the foregoing
labilities or claims of any kind and any cost and expense that is incurred by the
ity on account of any of the foregoing liabillties, including liabilities or
laims by reason of alleged defects in any plans and specifications, unless the
iability or claim is due to or arises out of, solely the City's active
egl i gence .
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
igned by both parties, and failure on the part of either party to enforce any
rovision 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
ay and year first above written.
ONTRACTOR
itle /&
PJMRfF AS TO FORM:
ssi stant City Attorney
CITY OF CARLSBAD, a municipal corporation of the State of California
ATTEST:
fl City Clerk
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OUTHWEST JGNAL ERVICE<-
-474 OAbU WAY, EL CAJON CALIFORNIA #roto
01M4243#3
June 19, 1984
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 Carlsbed.
Basic rate of $49.00 per intersection which includes: 1. Monthly inspection of each intersection, including cleaning
2. Provide twenty-four hour per day emergency service. 3. Relamping and cleaning all signals (except for re-lamping of
and adjustment of equipment.
3M signels) 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. Lift truck
b. Service truck c. Air Compressor
d. Concrete saw. e. Paint rig
f. Rental equipment
Labor Cost:
Superintendent Service Technician LabDrer
$15.00/hour g.OO/hour 12.50/hour
10 . OO/hour lO.OO/hour Invoice cost plus 15%
$20.00/hour $30.03/hour o/t 17.00/hour 25.50/hour o/t 12.OO/hour 18.OO/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 Sen MarCoS, as well as having done the knxkdawn repairs for the County of Sen Diego, and emergency service for Natimal City and Imperial Beach.
Our contractors 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
LIST OF SIGNALIZED INTERSECTIONS
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
El Camino Real and Hosp Way
J
13. Marron Road and Plaza Entrance
14. El Camino Real and Alga
15. El Camino Real and Dove Lane
16. Paseo del Norte and Palomar Airport Road
17. El Camino Real and Tamarack Avenue
18. Elm Avenue and Pi0 Pic0 Drive
19. El Camino Real and Palomar Airport Road
20. Marron Road and Monroe Street
21. Palomar Airport Road and Yarrow Drive
22. El Camino Real and Camino Vida Robles
23. Alicante Road and Alga Road
24. Rancho Santa Fe Road and La Costa Avenue
EXHIBIT B