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HomeMy WebLinkAbout2004-12-07; City Council; 17911; Traffic signal maintenance & repair agreement13 AB# 17,911 TITLE: MTG. 12/07/04 MAINTENANCE & REPAIR NO. SIG04-19 AWARD OF AGREEMENT FOR TRAFFIC SIGNAL CITY ATTY. DEPT. PW-M&O I I CITY- RECOMMENDED ACTION: Staff recommends Council adopt Resolution No. , accepting the bid proposal of Signal Maintenance Inc. and authorizing the execution of an agreement for traffic signal maintenance and repair services with Republic Electric in accordance with the unit prices as specified in Option B. 2004-385 ITEM EXPLANATION: Currently, there are approximately 130 signalized intersections in the City of Carlsbad. For over fifteen years, staff has determined that City-owned and managed signals are most efficiently maintained by a private contractor under an annual agreement for traffic signal maintenance and repair services. Council has approved several agreements during the period for this work. The agreements provide for routine and preventative maintenance, routine monitoring, around-the-clock emergency response, and repairs due to collision and vandalism. In accordance with Section 3.28.050 of the Municipal Code, Notice to Bidders was published and Requests for Bid were sent to the two local contractors known to specialize in this type of maintenance work. To ensure that the City receives the best value of services, the bid request was separated into two options: Option “A,” which requires an initial response time, under normal conditions, of one (I) hour and not to exceed two (2) hours. This is the response time that is currently specified. And Option “B,” which requires an enhanced initial response time, under normal conditions, of thirty (30) minutes, and not to exceed one (1) hour during normal working hours and two (2) hours after normal working hours. Staff held a mandatory pre-bid meeting for this agreement on June 8, 2004. The two aforementioned local contractors both attended and subsequently submitted bids that were opened on June 29, 2004. The results of the submitted bids are as follows: COMPANY Signal Maintenance Inc, Anaheim Southwest Signal Service, El Cajon $396,650.00 OPTION “By’ $284.453.10 $4291950.00 Both options of both bids were evaluated for Best Value based on cost, technical capability of contractor’s staff, contractor’s ability to provide timely service, overall capability of contractor, professionalism, and unspecified value-added offerings. Except for cost, the two companies rated comparatively close on the other factors. As a result, the final evaluation- determining factor was the bid amount and, therefore, regardless of which option is selected, should be awarded to Signal Maintenance Inc. of Anaheim. I PAGE 2 OF AGENDA BILL NO. 17,911 Staff was notified on September 9, 2004 that Republic Electric, also of Anaheim, has purchased Signal Maintenance Inc. Staff met with representatives from both Signal Maintenance Inc. and Republic Electric on September 14, 2004 to discuss the resulting effects of this merger. Staff is confident that this leadership transition will be relatively seamless in the field and that any noticeable changes will be a benefit to the City. Since the difference in bid cost for Option “B” as submitted by Signal Maintenance Inc. is only $15,600 annually (5.5% of the total contract award) more than Option “A,” staff determined that this cost variance is more than offset by the enhanced level of signal maintenance services that are derived. Therefore, staff recommends award of Option “B” of Agreement No. SIG04-19 for Traffic Signal Maintenance and Repair Services to Republic Electric (formerly Signal Maintenance Inc.) of Anaheim, California in the amount of $284,453. IO. FISCAL IMPACT: Sufficient funds are available in the Traffic Signal Maintenance Operating Budget (Org Key No. 0016370) to cover costs in the amount of $284,453.10 for award of this agreement as recommended by staff. Since this is essentially a “Time and Materials” contract agreement, all costs will be paid based on actual quantities at the rates specified in the contract. Therefore, the actual total cost of the contract may vary depending upon actual conditions. EXHIBITS: 1. Resolution No. 2004-385 with Agreement No. SIG04-19 on file in the City Clerks Office. DEPARTMENT CONTACT: Heidi Heisterman, (760) 434-2937 email hheis@ci.carlsbad.ca.us 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. 2004-385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF AGREEMENT NO. SIG04-19. WHEREAS, the City of Carlsbad requires the services of a traffic signal maintenance contractor, and; WHEREAS, proper bidding procedures have resulted in the receipt of two bids from qualified contractors, and; WHEREAS, the bids have been evaluated for Best Value; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The bid from Signal Maintenance Inc., 2301 Via Burton, Anaheim, CA 92806 in the amount of $284,453.10 is found to be the best value for the City of Carlsbad. 3. Signal Maintenance Inc. has been purchased by Republic Electric, 7120 Redwood Blvd, Novato, CA 94945-41 14. 4. The Mayor of the City of Carlsbad is hereby authorized and directed to execute a contract with Republic Electric for these services, a copy of which is attached hereto, for and on behalf of the City of Carlsbad for the period of one year with the option for the City Manager to renew for four additional one-year periods, with revised contract prices set by mutual agreement. Ill //I Ill Ill 3 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 5. The Purchasing Officer is hereby authorized and directed to issue a purchase order for traffic signal maintenance services. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of December ,2004, by the following vote: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard. NOES: None ABSENT: None n ATTEST: -IN&. WOOD, City Clerk / 1 PC RES0 NO. -2- CITY OF CARLSBAD San Diego County California AGREEMENT DOCUMENTS AND SPECIAL PROVISIONS FOR Traffic Signal Maintenance and Repair AGREEMENT NO. SIG04-19 JULY 17,1998 AGREEMENT ow MENT made and entered into this 0 between the City of Carlsbad. California, a Municipal Corporation hereinafter desianated as day of - em h& , 2004, by and 1 “City” and Republic Electric , hereinafter referred to as “Coniractor.” RECITALS City requires the services of the Contractor to provide traffic signal maintenance and The Contractor has submitted to the City a proposal to provide traffic signal maintenance The Contractor possesses the necessary skills and qualifications to provide the services repair services within the City. and repair services. required by the City. NOW, THEREFORE, in consideration of these recitals and the mutual covenants herein, City and Contractor agree as follows: 1. It. 111. TERM OF AGREEMENT This agreement shall become effective July 1, 2004 and extend for a period of one (1) year. By mutual consent, the City Manager may extend this agreement for four (4) additional one (1) year periods for a total term of five (5) years upon satisfactory performance. COMPENSATION Compensation for this agreement shall be in accordance with the unit prices indicated on the Labor & Equipment Cost Schedule attached hereto as Exhibit A. Payments will be made based on actual quantities only. Any facilities added during the course of this Agreement will added at the current rate as adjusted in accordance with section VI. FUTURE ADJUSTMENTS. 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: 1. This Agreement 2. 3. 4. 5. 6. 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 6 7. Certificates of Insurance 8. 9. 10. IMSA Signal Technician II 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. Rout i ne/P reven t ive Mainten an ce: 1. Monthly Inspection d) The Contractor shall perform monthly routine/preventive inspections based on the City’s schedule. Such inspections shall be scheduled so that each intersection is inspected at approximately the same date each month. 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. 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 on a time and materials basis in accordance with Exhibit A as stated in the provisions of Section II “COMPENSATION”. Contractor shall maintain a clear radius of not less than 10’ from the cabinet center. This area shall be clear of intrusion by vegetation including branches, bushes, and landscaping so that both doors are readily accessible and have full range of motion. All other deficiencies that 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 on a time and materials basis in accordance with Exhibit A as stated in the provisions of Section II “COMPENSATION”. 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 payments will be made on a time and materials basis in accordance with Exhibit A as stated in the provisions of Section I1 “COMPENSATION” of this agreement unless such action would normally be considered part of the routine/preventive d) d) d) d) d) 7 maintenance, in which case no additional payments will be made therefore. 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 preventive/routine 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. If, in the opinion of the Contractor, any controller mechanism has become obsolete or deteriorated beyond the point of repair, the 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. 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. d) d) B. Emerslencv 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 someone can be reached in case of emergency. This phone number will be made available to all persons designated by the City. 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 response may be made in a service vehicle. However, if the Contractor opts to respond in a service vehicle and aerial capabilities are required, the City will not pay any costs associated with retrieval of an aerial vehicle. Response time should not exceed thirty (30) minutes between the hours of 7 am and 4 pm. In cases where delays are anticipated to exceed thirty (30 minutes), Contractor shall notify the City immediately with an estimated time of arrival. In no case shall initial response time exceed one (1) hour. A greater response time may result in the City’s non- payment of labor and equipment costs associated with the repairs. 2. The initial response time should not exceed one (1) hour between 4 pm and 7 am. In cases where delays are anticipated to exceed one (1) hour, 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 nay result in the City’s non-payment of labor and equipment costs associated with the repairs. 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 and obtain approval by the Traffic Engineer. Should the Traffic Engineer not concur with the temporary timing, Contractor will return to the intersection and make necessary adjustments as instructed. All other timing changes must be approved by the Traffic Engineer in advance. 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. 3. 4. 5. The City may request that the Contractor respond 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 II “COMPENSATION”. Invoices for emergency maintenance shall include the following information: a) intersection descriptionhame b) intersection number c) authorizing party d) time of call e) description of complaint 9 time of arrival 9) status upon arrival h) corrective measures taken i> status upon departure j) time of departure k) invoice number m) incident number n) 0) equipment identification number - part being replaced 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 (10) days, invoices for all emergency response shall include the requested information. Payment for invoices not containing all requested information may be delayed. C. Extraordinary Services: Extraordinary Services shall be defined as scheduled repairskervices resulting from any part of a traffic signal system that is damaged by collision or acts of God, malicious mischief or vandalism, or normal deterioration due to the passage of time, exceptinq any damage resulting from the negligence of the Contractor. 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 completed within the time agreed upon by both parties at the time work is assigned. Work not completed within this mutually agreed time will be subject to the terms of Section V “LIQUIDATED DAMAGES” . 1. Special Proararnrninq 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) that 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 loop-set 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 and the DLC (detector lead-in cable), and reconnection of the loops. d) 3. Loop Detector Replacement 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. 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. d) 4. Relampinq In the sixth month following the effective date of the agreement and annually 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. 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 Director or appointed designee may authorize an extension and waive the obligation to pay liquidated damages. 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 guidelines specified herein. Inspections will occur 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. ANNUALLY: 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). ANNUALLY: 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). ANNUALLY: Contractor shall clean all emergency vehicle pre-emption 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). ANNUALLY: Contractor shall clean and verify proper alignment for all video detection cameras. Contractor shall check mounting hardware for corrosion and shall adjust and align as required in accordance with the “Annual Inspection Checklist” (Exhibit E). BI-ANNUALLY: In odd-numbered years, Contractor shall remove and replace all incandescent lamps. This includes all standard heads, programmed visibility heads, and Type A pedestrian heads. The City reserves the right to modify and/or delete this program at any time during the course of this agreement. 2. Quarterly ISNS Relamping /Refurbishing The City will perform a night surveillance and provide Contractor with a list of inoperative / malfunctioning illuminated street name signs (ISNS). Contractor shall inspect each location and determine if relamping is sufficient or if refurbishing is required. RELAMPING: Contractor shall remove and replace all lamps and the PE cell. Contractor shall clean panels and verify proper closure. Contractor shall inspect mounting hardware for corrosion / deterioration. REFURBISHING: If Contractor determines that required repairs exceed that which is covered by relamping, the ISNS shall be refurbished. Contractor shall remove and replace all components including, but not limited to, lamps, PE cell, ballast, and ignitor. Contractor shall inspect mounting hardware for corrosion / deterioration and replace / repair as necessary. 3. Annual Conflict Monitor Testing d) 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 each 2010 ECL 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”. In extreme cases, the Public Works Director or appointed designee may authorize an extension and waive the obligation to pay liquidated damages. I2 d) 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. The City reserves the right to modify and/or delete this program at any time during the course of this agreement. d) 1. 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 A. Annually, all costs specified in Exhibit A “LABOR & EQUIPMENT COST SCHEDULE” may be subject to change to reflect cost of living increases or decreases in the costs of labor and equipment as dictated by market conditions. 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. B. 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 forth in the “City of Carlsbad Drug and Alcohol Use Policy” incorporated by reference herein. B. C. D. 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. 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. 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 A. Contractor shall use only Level II or higher IMSMSA certified technicians to service, maintain, and make necessary repairs to traffic signal devices within the confines of controller cabinet. Skilled laborers can make hardware repairs under 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. Contractor shall maintain on staff a minimum of one IMSMSA Level Ill certified technician at all times. Contractor shall maintain on staff a minimum of one ATSSA certified Traffic Control Supervisor at all times. Contractor shall maintain both a Class A and a C-I 0 contractor's license. B. C. D. IX. EQUIPMENT A. B. C. D. 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. 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. All equipment shall be available for inspection by the City upon 24 hour notification to the Contractor. 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. 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. XI. XII. XIII. 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. TRAFFIC CONTROL A. B. C. D. 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. All traffic 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). The Contractor will be responsible for providing and placing all temporary traffic control devices. The Contractor shall conduct hidher operations so as to cause the least possible interference with public traffic. 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. 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. Each time work is performed at an intersection, including monthly routine/preventive maintenance, the Contractor will update the record book within the cabinet. 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. B. C. PREVAILING WAGE Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. XIV. 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 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 minimum limits indicted herein: d) 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. d) 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. d) 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 acceptable to the City. 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. d) 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. 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. 2. d) d) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or vo I u n teers. d) 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. 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. 5. 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. 6. 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. Insurers must also be authorized to transact the business of insurance by the State 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. 3. 4. 7. 8. 9. XV. 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. XVI. 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 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. XVII. 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 Contractor’s indemnification shall include any and all cost and expense, attorney’s fees and liability incurred by the City on account of any of the foregoing including liabilities 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. XVIII. JURISDICTION 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. XIX. 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. 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. B. The Contractor agrees to indemnify the City for any tax, unemployment compensation, retirement contribution, social security, payment of wages or 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. 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. C. XX. 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. XXI. 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, shall become directly or indirectly interested personally in this contract or in any part thereof. No employee, architect, engineer, inspector or attorney of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. XXII. 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. XXIII. 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. XXIV. 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 P day of Lmb~ , 2004 . CONTRACTOR: CITY D di? ARLSMD dlnuni a/l Dal omoration of ' (name of Contractor By: (print name and title) \ & (sign here)' TWR 6-4. bdEe rint name and title) 18 Fb-yJLQLUq 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: bsiakmt City Attorney W -I 3 W I 0 v) + v) 0 0 I- z W E % 3 U W d E 0 n a 4 U P c, .- c X W I- e3 tt) t9 0 9 t9 9 7 t9 b + 0 a, a, U Q 0 0 U - m Fii ri t9 t9 te e3 tt) w 69 t9 e3 t9 t9 0 0 0 m t9 9 te te te e3 0 0 cv te 9 C a, a, .- c, - E" 8 m C u) a, a, 0 0 -I .- c c x k te te te c E 0 0 a, a, C .- c e .- E& mQ te te cv t te 7 ad 0' E c .- K 0 c 0 6= c 0 0 m 3 c .- - : 0 7 c (r te te & Q w te tf) i 5 & 0 m a, 0 .c Q tf) tf) te te i 3 0 c n t te Y 0 3 L 4- - lu .- t a cd 7 69 69 tf) 0 rn te 9 F i 3 0 lz n t LIST OF INTERSECTIONS Exhibit B Agreement No. SIG04-19 for Traffic Signal Maintenance & Repair 1 Adams 2Alga Rd 3Alga Rd 4Alga Rd 5Alga Rd 88Alga Rd 6Ambrosia Ln 147Am brosia Ln 132Appian Wy 7Arenal Rd 8Armada Dr 9Aston Av 140Avenida Encinas 1 OAvenida Encinas 1 1 Avenida Encinas 12Avenida Encinas 13Avenida Encinas 14Aviara Pkwy 15Aviara Pkwy 11 5Aviara Pkwy 56Aviara Pkwy 16Aviara Pkwy 129Aviara Pkwy 136Aviara Pkwy 114Aviara Pkwy 17Aviara Pkwy 89Aviara Pkwy 128Aviara Pkwy 1 O9Aviara Pkwy 18Batiquitos Dr 19 Beech Av 124 Breakwater Rd 20Cadencia St 21 Calle Barcelona 142 Calle Barcelona 148Calle Barcelona 22 Calle Barcelona 141 Calle Barcelona 23Camino Alvaro 24Camino de las Ondas 25Camino de 10s Coches 26Camino de 10s Coches 27Camino Vida Roble 1 5OCamino Juniper0 Tamarack Alicante St Corintia St El Camino Real Aviara ~kwy -- El Fuerte St Aviara Pkwy Poinsettia Ln Carlsbad Village Dr El Camino Real Palomar Airport Rd Mdrose Dr __ Avenida de Price Club Anita College BI Cannon Rd Carlsbad BI Palomar Airport Rd Poinsettia Ln San Lucas Poinsettia Village Batiquitos Ln Baccharis Av Black Rail Ct Cobblestone Rd College Blvd Palomar Airport Rd Four Seasons Pt Cormorant Dr Kestrel Dr Kingfisher Laurel Tree Ln Manzanita St Plaza Paseo Real Mimosa Dr Plum Tree Rd Poinsettia Ln Poinsettia Ln - Carlsbad BI Carlsbad BI La Costa Av El Camino Real Forum Main Entrance Paseo Aliso Rancho Santa Fe Rd Wood fern Rancho Santa Fe Rd Paseo del Norte Olivenhain Rd Rancho Santa Fe Rd Stagecoach high school Rancho Santa Fe - Rd El Camino Real .. - .. . LIST OF INTERSECTIONS Exhibit B Agreement No. SIG04-19 for Traffic Signal Maintenance & Repair 28Carnino Vida Roble Palornar AirDort Rd 146Cannon Rd 29Cannon Rd 110Cannon Rd 138Cannon Rd 139Cannon Rd 30Cannon Rd 31 Cannon Rd 32 Carlsbad BI 33Carlsbad BI 34Carlsbad BI 35Carlsbad BI 36'Carlsbad BI 37Carlsbad BI 125Carlsbad BI 38Carlsbad BI 39Carlsbad BI 149Carlsbad Village Dr 40Carlsbad Village Dr 120Carlsbad Village Dr 41 Carlsbad Village Dr 42Carlsbad Village Dr 43Carlsbad Village Dr 44Carlsbad Village Dr 45Carlsbad Village Dr 46Carlsbad Village Dr 47Carlsbad Village Dr 130Carlsbad Village Dr 48Carlsbad Village Dr 49Carlsbad Village Dr 11 3Carlsbad Village Dr 122Carlsbad Village Dr 1 12 Carrillo Wy 50Cassia Rd 51 Chestnut Av 52 Chestnut Av 53Cinerna Wy 54College BI 55College BI 152College BI 135College BI 126Cornpany Stores 57Costa del Mar Rd 145Crystaline Dr ___ Car Country Dr Carlsbad BI El Camino Real Faraday Av Frost Av Legoland Dr Paseo del Norte Carlsbad Village Dr - - - -I- CerezoDr !Grand Av Island Wy Pine Av Poinsettia Ln __ __ __ - --- Ponto Rd Solarnar Dr Tamarack Av College BI Concord St Donna Dr El Carnino Real Harding St Highland Dr Jefferson St Madison St Monroe St Pi0 Pic0 Dr Pontiac Dr Roosevelt St State St Tamarack Av - Valley St - Melrose Dr El Camko Real El Camino Real Monroe St Marron Rd El Carnino Real Faraday Ave Tamarack North TamarackSouth Paseo del Norte II I I ___ __ -_ ___ __ I__ El Carnino Real Poinsettia Ln LIST OF INTERSECTIONS Exhibit B Agreement No. SIG04-19 for Traffic Signal Maintenance & Repair 58Dove Ln El Camino Real 59EI Camino Real Faraday 60El Camino Real Hosp Wy 67EI Camino Real Jackspar Dr Rancho Carlsbad DF 61 El Camino Real Kelly Dr 62 El Camino Real La Costa Av 119EI Camino Real La Costa Towne Ctr 63'EI Camino Real Levante St Marron Rd 64EI Camino Real 65EI Camino Real Palomar Airport Rd 66'EI Camino Real Plaza Plaza Camino Real / Vons Center 134 El Camino Real Poinsettia Ln 68EI Camino Real Tamarack Av 94EI Camino Real Town Garden Rd 69EI Fuerte St Palomar Airport Rd 123 Faraday Av Van Allen Wy 70Grand Av Jefferson St 71 Grand Av Roosevelt St 72Grand Av state St 73Hidden Valley Rd Palomar Airport Rd 74 Jefferson St Laguna Dr - - 75 Jefferson St Las Flores Dr 76 Jefferson St Marron Rd 77 Jefferson St Tamarack Av 143 La Costa Av La Costa Towne Center 78La Costa Av Rancho Santa Fe Rd 79La Costa Av Romeria St - 93 La Costa Av Saxony Rd 80 La Costa Av Viejo Castilla Wy 81 Marron Rd Monroe St - 92Melrose Dr Poinsettia Ln Rancho Bravado 83Melrose Dr Rancho Santa Fe Rd La CostaMeadows Dr 84 Palomar Airport Rd Palomar Oaks Wy 85 Palomar Airport Rd Paseo del Norte 91 Palomar Airport Rd Paseo Valindo Yarrow- Dr 86 Palomar Airport Rd 87Paseo del Norte Poinsettia Ln - 90Rancho Santa Fe Rd i-- - - _I__ -- - __ _I" - 82Melrose Dr PalomarAirport Rd I_ ___ __ - 11 1 Melrose Dr - 151 Paseo Lupino Rancho Santa Fe Rd i __ San Elijo E9NI Wll IP l-V W VU ANS 1133dSNI L L C i .. * a e a L - f I C S Z U .. - .. -VWWANS !9V3N031 >r e 0 - 5 E I rc 0 >r CI is B 0 (v L.- Q) a 0 c, 8 b YI Q) 0 c Q c Q) c Q c, .- I I rc 0 h c, i3 6 Q a UJ Q 0 - L. 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