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HomeMy WebLinkAbout1985-09-17; City Council; 7867-2; Amendment to Traffic Signal Maintenance ContractP 0 P= e %! % “+a AB# 7ft57- - MTG. 9-17-85 DEPT. U/M - - CII - OF CARLSBAD - AGENE. . BILL TITLE: DEPT.HD. AMENDMENT TO TRAFFIC SIGNAL MAINTENANCE CONTRACT CITY ATTY%@& CITY MOR.* RECOMMENDED ACTION: Adopt Resolution No. r/rXapproving an amendment to the agreement with Southwest Signal Service to adjust rate schedule. ITEM EXPLANATION: The City of Carlsbad signed an agreement on September 14, 1984, with Southwest Signal Service to provide traffic signal maintenance. agreement was signed on April 2, 1985, to rehabilitBte and refurbish traffic signal controllers. The agreement permits amendments, modifications and annual cost increases according to one-half of the percentage change in the Consumer Price Index for Los Angeles. The CPI for Los Angeles is up 5.0% over July 1984, hence a rate adjustment increase of 2.5% is realistic. An amendment to the The contractor has requested a cost increase. FISCAL IMPACT: The FY 1985-86 budget allocated $30,000 for monthly & emergency traffic signal maintenance in account number 001-820-5410-2470. FY 1984-85 cost was $25,000, current year cost will be approximately $25,700. EXHIBITS : 1. Resolution No. 8/84 approving amendment to the agreement between the City of Carlsbad and Southwest Signal Service for annual cost increase. 2. Amendment to the agreement 3. Agreement. 4. Amendment dated April 2, 1985. 5. Request for rate adjustment 6. Staff report on rate adjustment I 1 2 3 4 5 6 7 E S 1c 13 1: 12 14 1: 1( 1' 1t l! 2( 2: 2: 2; 2, 2 21 2' 2, RESOLUTION NO. 8182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SOUTHWEST SIGNAL SERVICE FOR AN ANNUAL RATE ADJUSTMENT 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 ignal Service for maintenance of traffic signals in the City of Carlsbad oes exist. 2. That an amendment to the contract, a copy of which is attached hereto nd incorporated herein by reference, is hereby approved. 3. The Mayor of the City of Carlsbad is hereby authorized and directed o execute said amendment for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad t a regular meeting held the 17th day of Septa-br , 1985, by the following ote, to wit: AYES: bmcil bmbers Casler, Lewis, Kulchin, Chick and Pettine NOES: ABSENT: ne? I MARY H. PSLER, Mayor TTEST : x -2 FHA L. R&dr ENHANZ, wty Clerk -2 . AMENDMENT This Amendment, made and entered into this /8" day o to the Agreement made and entered into on the 14th day of S and between the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "City'' and Southwest Signal Service, hereinafter referred to as '"Contractor". The basic agreement is amended in accordance with item 19 by the modification of item 8, cost of service for monthly maintenance of signalized intersections, and Exhibit A, rate schedule for equipment and labor, to wit: 8. $50.25 per intersection per month. Exhibit A. Equipment cost: a. Lift truck b. Service/Boom truck c. Air compressor d. Concrete saw e. Paint rig f. Rental equipment $15.40/ hour 9.25/ hour 12.80/hour lO.OO/hour LO. OO/hour Invoice cost plus 15% Labor Cost: Superintendent $20.50/hour $30.75/hour overtime Service Technician 17.45/hour Laborer 12.30/hour 26. IWhour overtime 18.45/hour overtime In Witness Whereof, the parties hereto have executed this amendment on the day and year above written. Contractor: City of Carlsbad, a municipal corporation of the State of Cal%fornia: Mary H. kasler, Mayor Attest: tha L.J.dubdk rans, 3 , * :. .I . -I 2 3 4 5 6 7 a 9 1c 31 12 13 14 If It 17 1€ 1s 2c 21 2: 21 24 2: 2f 2'; 2t _I_- I-__ TH I S AGREEMENT ,madeand -en1 ered 7 nt o -thf sj - I/-tpd ay 3f ---- -;- P84, .by and between the CITY OF CARLSBAD, California, a municipal corporation, !reinafter referred to as "City", and Southwest Signal Service , creinafter referred to as "Contractor". WITNESSETH: WHEREAS, the City does find that the proposal tendered by the Contractor 3r 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: -z . 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. 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 all contract documents hereinabove *eferred to. - It is understood and agreed that all sa$d labor, services, -- --------a 2 P 4 5 6 7 a 9 10 11 12 13 a4 15 16 19 le 19 2c 21 22 23 24 25 26 27 28 aterials. and @qu!gment-3hal I-!! furnlsh_ep pnd sald work performed and ompleted by the Contractor as an Independent Contractor, subject to the nspection and *approval of the CIty actlng through its Utilltles and Maintenance lrector or his deslgneted representatlve. -_i- ._ 3. The Contractor agrees to make a routine lnspectlon and clean and adjust ach controller and signal indications, and replace broken parts or change parts s is necessary, one 51me per Imnth. 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 Sylvhnia Company. Contractor Is to furnish special ong lasting anti-static cleaning agent for lenses and reflectors. Contractor 411 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 beported. Any brokm parts of signal head sill 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. Cohtractor agrees to ma’lntain a 24-hour per day emergency service for :ontroll et malfunctions . 7. Contractor agrees to make emergency service calls then necessary to lake repairs to signal equipment, when said signal equipment malfunctions or has been damaged by vehicle accrdents, acts of God, or malicious damage or for any ‘eason whatsoever. 8, For and in consideration of the furnishing by said Contractor as hereln brovided of said labor, services, materials, and equipment in accordance with 11 1 provisions of this agreement, together with the appurtenances thereto, aid Contractor shall be entitled to receive and shall be paid by the City, - P B 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 - nd >aid _Contractor__agreest~accept in full satisfaction therefor, the sum of Forty-nine dollars (S 49.00 ) per intersection per nonth. ;aid sum shall be paid by the City to said Contractor each month as sald sum becomes 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 mnthly maintenance sum per intersection shall be ,ubject to change in accordance with the Consumer Price Index, 10s Angeles, as Iublished 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 mi versary thereof , 9. All fixed time and semi-actuated signals which are installed from time io time shall be added to those already maintained by the Contractor, These iignals shall be maintained at the same rate and in the same manner as those :overed by this agreement. leginning of the mnthly Contract period, payment for that month shall be pro- -ated from the day the Contractor is notified. iignals 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 notification is made at other than the 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 60d, malicious mischief, or for any reason whatsoever. The :ost of such repairs shall be based on the invoice cost of materials, plus fifteen percent (15%), and the adjusted cost of labor and equipment used for such repairs in accordance with the schedules on Exhibits A and 8. 11. The Contractor agrees to cOmnence the work provided for herein Inmediately upon the completion of the execution of this agreement and the - -3- 6 6 7 0 9 10 If. 12 s3 hi wery to-tC6iiGiictoFof 3-executed lligent workerlike manner and without eminate three (3) years from the he agreement may be negotiated for on t 7 act or . 12, The Contractor shall carry nsurance in an mount not less than Dr injuries, including accidental ame limit for each person in an $1,000,000) on account of any one mount not less than Fifty Thousand rising from this Contract. The he life of this Contract, Workers' ontractor's employees on the project, hall furnish to the City certificates f the abovementioned insurance has 14 15 16 17 18 39 20 21 22 23 24 25 26 27 20 'EOpy-Zherebf -and to-rontlnue in a due md - interruption. This agreement shall dite Contractor comnences wrk, at hich time *enewal as mutually agreed upon by City and public .]lability and property damage Five Hundred Thousand Dollars (I500,OOO) death, for any one person, and subject to the mount not less than One Xillion Dollars accident, and property damage insurance in an Dollars ($50,000) for any liabilities Cortractor shall also take and maintain during Compensation Insurance covering all of - in a company satisfactory to the City and issued by such companies showing that all been issued and is in full force and effect rior to commencing work in accordance hall be responsible for the insuraice mployees of said Contractor. The Contractor shall likewise lamage insurance to cover vehicles rork connected with this agreement lundred Fifty Thousand Dollars housand Dollars ($500,000) for any housand Dol 1 ars ($50,000). The City shall be named as 13. This agreement may be lays' written notice to the other, I with this agreement. The Contractor coverage as herein provided of all obtain public liability and property xed or maintained in the performance of said with liability limits of not less than Two ($250,000) for any one per-son and Five Hundred one accident, and property damage of Fifty an also insured on the liability policies. terriinated by either party by giving sixty (60) and this agreement:shall terminate forthwith I I 7 I 5 6 7 8 91 I 10 I 11 ' 12 13 14 15 36 17 18 19 20 21 22 23 24 25 26 27 28 xtyy-(60)-days--foI lowingthe date such -notke+s-given. --- 14. In the event that any of the provisions of this Contract are violated r the Contractor, the City may terminate the Contract by serving written notice Ion the Contractor of' its intention to terminate such Contract and, unless ithln ten (10) days after the service of such notice such violation shall tase, the Contract shall, upon the expiratlon of said ten (10) days, cease and rminate. As to violations of the provisions of this Contract which cannot be zmedied or corrected within ten (10) days, said Contract shall, at the option F 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 Clty may take ver the work and prosecute the same to completion by Contract or otherwise for be amount and at the expense of the Contractor. 15. It is expressly understood and agreed that the Contractor herein named n the furnishing of all labor, service, materlals, and equipment performing the ork us provided in thls Contract, is acting as an independent Contractor and ot as an agent, servant, or employee of the City. 16. Except for the manufacturers' factory warranties, the Contractor isclaims all warranties with respect to materials supplied hereunder, and urther disclaims all warranties with respect to materials supplied hereunder, nd further disclaims any and all liability for failure to perform or delay in erformance hereunder where the same is due in whole or In part to any cause eyond Contractor's reasonable control, such as, but not limited to, fire, lood, earthquake, lightning, strike or other labor difficulty. 17. me Clty, its agents, officers, and employees shall not be liable for my claims, ltabilities, penalties, fines, or any damage to goods, properties, lr effects of any person whatever, nor for personal injuries or death caused by, Ir resulting from, or claimed to have been caused by, or resulting from any act ir mission of Consultant or Consultant's agents, employees, or representatives. -5- r 1. - --3 -2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 20 onrultant agrees -todefend, Jndemnlfy, snd -save free -and _Rarmlcss--t~g _CltS(_and- ts authorized agents, officers, and employees agalnst any of the foregoing labllitles or clalms of any kind and any cost and expense that is Incurred by tht Ity on account of any .of the foregoing llabllltles, including llabllltles or lalms by reason of alleged defects In any plans and speclflcations, unless the labllity or claim Is due to or wises aut of, solely the Clty's actlve egllgence. . -. L -cL 18. This agreement shall not be assigned by Contractor without the written onsent of Cl ty. 19. his agreement may be amended or modified only by written agreement lgned by both parties, and failure on the part of elther party to enforce any rovision of this agreement shall not &e construed as a waiver of the right to ompel enforcement of such grovMon or provisions. c IN MITNESS WHEREOF, the parties hereto have executed this agreement on the s, ay and year first above wrltten. ONTRACTOR- itle /& PB&)W!IFAS TO FORM: ssistant City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: f- City Clerk -6- 9 June 19, 1984 u(: mu1s City of Carlsbad 1200 Elm Avenue Crrlsbrd, CA 92008 Attn: Joseph N. Eggleston/Maintenance Department Subj : Traffic Signal Maintenance Service Dear Mr. Eggleston: Enclosed is our propose1 for the traffic signal maintenance ser- vice for the City of Carlsbad. Basic rate of $49.00 per intersection which includes: 1. Monthly inspection af each intersection, including cleaning 2. Provide twenty-four hour per day emergency service. 3. Relamping and cleaning all signels (except for re-lamping of .Emergency and specialized repairs i .e. : (Knxkdowns, temporary - signals etc. per section 10 of agreement.) and adjustment of equipplent . 3M rrignels) once per year. Meterial cost plus fifteen percent (15s). Equipment CDst: a. Lift truck b. Service truck c. Air Compressor d. Concrete -saw e. Paint rig f. Rental equipment Labor Cost: Superintendent Service Technic ian tabmer $15.00/hour g.OO/hour 12.50/hour 10.00/hour lO.OO/hour Invoice cost plus 15% $20.OO/hour $30 . 03/hour o/t 17.00/hour 25.50/bour o/t 12.00/hour 18.00/hour o/t We are currently maintaining the traffic signels for the Cities of El CajDn, La Mesa, Poway, Lemon Grove, Sentee, Vista, Oceanside and Sen Mercos, a6 well as having done the knxkdDwn repair8 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. - - ClTY OF CARLSBAD . A. 6 * -- 1. Carlsbed Boulevard rnd Elm Avenue 2. Csrlsbad Boulevard and Grand Avenue 3. Carlrbad Boulewetb and Tamarack Avenue 4. Chleslnut Avenue and El CarnSno Real 5. El Camino Real end Harron Road 6. €1 Camino Real and Plaza Way (May Co.) 7. Elm Avenue and Harding Street 8. Elm Avenue and State Street 9. Grand Avenue and State Street 10. Jefferson Street and Marron Road 11. - Pi0 Pic0 and Tamarack Avenue 12. El Camino Real and Hosp Way 13. Marron Road and Plaza Entrance 14. El Camino Real and Alga 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. El Camino Real and Dove Lane Paseo del Nwte and Palomar Airport Road €1 Camino Real and Tamarack Avenue Elm Avenue and Pi0 Pic0 Drive €1 CamSno Real and Palomar Airport Road Hatron Road and #onroe Street Patomar 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 AMENDMENT This Amendment, made and entered into this Zd 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 Calihrnia -' J- &L4_ Mary H. Casle Assistant City Attorney City Clerk OUTH WEST IGNAL ERVICE,- LIC. 366419 Cit,y of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 ALlFORNlA 92020 - August 23, 1985 Attn: Roger W. Greer Subj: Traffic Signal Maintenance Contract Dear Mr. Greer, The anniversary date for our contract with the city for the maintenance of traffic signals is Sept. 14th. At this time, we would like to express our desire to continue our relationship for another year as specified in the contract. The contract specifies a provision for adjustment of prices in relation to the cost of living index. In checking with the San Diego Chamber of Commerce, we find the cost of living for San Diego increased last year by (6.1%!, therefore we would request that our rates be increased by 50% of that value, or (3.05%) as per contract. [At this time our contract does not provide for the maintenance of your street lighting. We feel that it would be an asset to you if we added this service to the contract. We would like to do this and would use the same price structure as the traffic signal contract.] We fee!. ve have established an excellent working relationship with your city and we are looking forward to continuing to serve Carlsbad for another year. Thank ycul for this consideration. The attached page is a breakdown of rates we propose using as of Sept. 14th. If you have any questions or comments, please feel free to coc- tact us.. We are looking forward to working with you in the coming year. Vern Cress VC: pb encl: rates schedule F n- 1 ERVICE LIC 366419 Supervisor Service Tech. La borer Service Truck Boom Truck Cor: p r e s s or Monthly Maint. 874 GABLE WAY, EL CAJON CALIFORNIA 92020 619-442-3343 RATE, SCHEDULE om 3 ,.. 05% 20.00 .2C.61 17.00 17.52 12-00 12.36 9.00 9.27 15.00 15.46 12.50 12.88 49.00 50.49 NE\; RATE 20.60 17.50 12.35 9.25 15.50 12.90 50.50 Please let us kncw if this meets with your approval. September 4, 1985 TO : DIRECTOR, UTILITIES & MAINTENANCE FROM: Administrative Assistant, Utilities & Maintenance RATE ADJUSTMENT FOR TRAFFIC SIGNAL MAINTENANCE Southwest Signal Service has requested a 3.05% rate increase based on the Consumer Price Index for San Diego. is up 6.1% over July 1984. The agreement specifies that the Consumer Price CPI as of July 1985, is up 5.0% over July 1984. the rate adjustment be an increase of 2.5%. San Diego CPI as of July 1985, Index for Los Angeles be used for rate increases. The Los Angeles It is recommended that The request to consider using Southwest Signal Service for street light maintenance should not be considered at this time. The City has the personnel, equipment and expertise to adequately perform the task at this time. J. N. E~LESTON JNE/lml