HomeMy WebLinkAbout1977-08-16; City Council; Resolution 5178t
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RESOLUTION NO. 5178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SIGNAL MAINTENANCE INC. FOR TRAFFIC SIGNAL MAINTENANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad does hereby
resolve as follows:
1. That that certain agreement between the City of Carls-
bad and Signal Maintenance Inc., for traffic signal maintenance,
including the furnishing of all labor, services, materials and
equipment, a copy of which is attached hereto, as Exhibit 2, and
made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held the
16th day of August , 1977, by the following vote to wit:
AYES : Councilmen Frazee, Lewis, Skotnicki and
NOES : None Council woman Casler
ABSENT: Councilman Packard
ATTEST :
( SEAL )
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THIS AGREEMENT, made
August I 19
Exhibit 2
and entered into this 16th day of
7, by and between the CITY OF CARLSBAD,
California, a municipal corporation, hereinafter referred to as
the "City", and SIGNAL P4AINTENAIKE INC., hereinafter referred to
as the "Contractor,".
WITNESSETH:
WHEREAS, the City of Carlsbad does find that the proposal
tendered~ by the Contractor for traffic signal maintenance, includ-
ing the furnishing of all labor, services, materials and equip-
ment, was a responsible proposal and of high standards.
WHERElAS, the City of Carlsbad does further find and deter-
mine that it would be in the best interests of the City of
Carlsbad that said proposal be accepted and the contract be-
awarded to the Contractor.
NOW, THEREFORE, for and in consideration of the mutual cove-
nants and promises of the parties hereto and upon the express
terms and conditions hereinafter set forth, it is agreed by and
between them, and each with the other, as follows:
1. This contract shall consist of and include Contractor's
proposal and the following documents attached hereto, as Exhibits
A, B and C, and incorporated by reference herein:
A. Labor and Equipment Schedule
B. List of Intersections
C. List of some of the agencies for whom Contractor is
presently performing service agreements.
All contract documents are intended to cooperate and be coordi-
nated so that any one called for and any one not mentioned in
the other or vice versa, is to be executed the same as if men-
tioned in all contract documents.
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2. The said Contractor agrees to iurnish all tools, equip-
ment, apparatus, facilitiesj labor, service and materials, and
perform all work necessary to maintain in good and workmanlike
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. . . . .. . . ., .. .~ . - .." -. .. . .
manner traffic signal facilities according to the proposal sub-
mitted and accepted as in all contract documents hereinabove re-
ferred to. It is understood and agreed that all said labor,
services, materials and equipment shall be furnished and said
work performed and completed by the Contractor as an independent
Contractor, subject to the inspection and approval of the City
acting through its City Engineer or his representatives.
3. The Contractor agrees to make a routine inspection and
clean and adjust each controller and signal indications, and re-
place broken parts or change parts as is necessary, one time per
month.
4. Contractor agrees to furnish replacement lamps for all
signals- Contractor agrees to use only standard traffic signal
lamps as manufactured by General Electric Company or Sylvania
Company. Contractor is to furnish special long lasting ant'i-
static cleaning agent for lenses and reflectors. Contractor will
replace lamps and clean reflectors and lenses on a regular sched-
ule as a "group re-lamping" program. The City will answer all
light-out calls as reported. Any broken parts of signal head
will be noted and the information to be forwarded to the Con-
tractor for replacement or repairs. (Except that the City may, at
its option, make these repairs or replacements.)
5. Contractor agrees to replace or repair any and all de-
fective parts of the controller mechanism as the occasion arises-
6. Contractor agrees to maintain a 24-hour per day emer-
gency service €or controller malfunctions.
7. Contractor agrees to make emergency service calls when
necessary to make 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 reason whatsoever.
8, For and in consideration of the furnishing by said
Contractor as herein provided of said labor, services, materials
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and equipment in accordance with all provisions of this agree-
ment, together with the appurtenances thereto, said Contractor
shall be entitled to receive and shall be paid by the City of
Carlsbad, and said Contractor agrees to accept in full satisfac-
tion therefor the sum of Thirty Nine Dollars and Eighty Cents
($39.80) per intersection per month. Said sum shall be paid by
the City to said Contractor each month as said sum becomes due
and payable.
In addition, once each year after the first year of this
agreement (but not retroactively), said monthly maintenance sum
per intersection shall be subject to change in accordance with
the Consumer Price Index, Los Angeles, as published by the U.S.
Department of Labor, based on the percentage change in the index
from the first month of this agreement to each succeeding anni-
versary thereof.
9. All fixed time and semi-actuated signals which are in-
stalled from time to time may, at City's option, be added to
those already maintained by the Contractor as the City notifies
Contractor of the installation thereof. These signals shall be
maintained at the same rate and in the'same manner as those
covered by this agreement. In the event notification is made at
other than the beginning of the monthly contract period, payment
for that month shall be prorated from the day the Contractor is
notified. In the event any fully actuated signals are installed
of a more complicated type than semi-actuated signals, these may
be added to the maintenance agreement at a price mutually satis-
factory to the Contractor and the City.
10. The City agrees to pay the repairs over and above the
contract price when such repairs are made necessary due to damage
to signals by collision, acts of God, malicious mischief, or for
any reason whatsoever. The cost of such repairs shall be based
on the invoice cost of materials, plus fifteen per cent (15%),
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and the adjusted cost of labor and equipment used for such repairs
in accordance with the schedules on Exhibits A and B.
Labor and equipment charges applicable to such extraordinary
repairs shall be subject to increase a maximum of six per cent
(6%) semiannually at the option of the Contractor.
11. The Contractor agrees to commence the work provided for
herein iminediately upon the completion of the execution of this
agreement and the delivery to him of an executed copy thereof
and to continue in a due and diligent, workmanlike manner and
without interruption, This agreement shall 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 Contractor,
12. The Contractor shall carry public liability and property
damage insurance in an amount not less than Two Hundred Fifty
Thousand Dollars ($250,000.00) for injuries, including accidental
death, €or any one person, and subject to the same limit for each
person in an amount not less than Five Hundred Thousand Dollars
($500,000.00) on account of any one accident, and property damage
insurance in an amount not less than Fifty Thousand Dollars
($50,000.00). The Contractor shall also take and maintain during
the life of this contract, Workmen's Compensation insurance cover-
ing all of his 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 of the above-mentioned insurance
has been issued and is in full force and effect prior to commenc-
ing work in accordance with this agreement, The Contractor shall
be responsible €or the insurance coverage as herein provided of
all employees of said Contractor.
The Contractor shall likewise obtain public liability and
property damage insurance to cover vehicles used or maintained
by him in the performance of said work connected with this
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agreement with liability limits of not less than Two Hundred Fifty
Thousand Dollars ($250,000.00) for any one person and Five Hundred
Thousand Dollars ($500,000.00) for any one accident, and property
damage of Fifty Thousand Dollars ($50,000.00).
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 sixty (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 con-
tract by serving written notice upon the Contractor of its inten-
tion to terminate such contract and, unless within ten (10) days
after the service of such notice such violation shall cease, the
contract shall, upon the expiration of said ten (10) days, cease
and terminate.
tract which cannot be remedied or corrected within ten (10) days,
said contract shall, at the option of the City, cease and termi-
As to violations of the provisions of this con-
nate upon the giving of like notice.
termination €or any of the reasons above-mentioned, the City may
In the event of any such
take over the work and prosecute the s&me to completion by con-
tract or otherwise for the amount and at the expense of the Con-
tractor.
15. It is expressly understood and agreed that %he Contract-
or herein named in the furnishing of all labor, service, materi-
als and equipment and performing the work as provided in this con-
tract, is acting as an independent Contractor and not as an agent,
servant or employee of the City of Carlsbad.
16. Except for the manufacturer's factory warranty, the
Contractor disclaims all warranties with respect to materials
supplied hereunder, and further disclaims any and all liability
for failure to perform or delay in performance hereunder where
the same is due in whole or in part to any cause beyondContractor'g
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reasonable control, such as, but not limited to, fire, flood,
earthquake, lightning, strike, or other labor difficulty,
17, Contractor shall not be liable for damages arising out
of injury to person or damage to property of a customer or any
third party unless the same was due to the negligence of this
Contractor.
18. This agreement shall not be assigned by Contractor
without the written consent of City.
19. This agreement may be amended or modified only by
written agreement signed by both parties and failure on the part
of either party to enforce any provision of this agreement shall
not be construed as a waiver of the right to compel enforcement
of such provision or provisions.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the.day and year first above written.
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST: BY
IGNAL MAINTENANCE INC .
BY President
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LABOR AND EQUIPMENT
. PRICE LIST
EXTRAORDINARY MAINTENANCE WOULD BE CONPENSATED FOR IN THE FOLLQJING AMOUtITS :
MATERIAL :
Suppliers billing plus fifteen ( 15) percent.
LABOR :
Maint. Superintendent
Straight Time , Overt ime
$14.00 per hr, $21.00 per hr , -. li.25 per hr.':- 19.88 per hr ' .> Maint e Technician
Traffic Signalman 12.82 per hr 19.23 per hr
Engineering Technician 10.50 per hr 15.75 per hr
Laborer 9.20 per hr 13.80 per hr'
EQUIPMENT :
Flex lift (Hydraulic Boom) $12 .OO per hr
Pelican (Booq Truck) 12.00 per hr *
Ladder Truck
C om pr ess or w /t 001s
Tool Truck
3.25 per hr
5.00 per hr
2.50 per hr
BILLING OF EXTRAORDINARY MAINTENANCE WILL BE SUBMITTED MONTHLY.
Exhibit '* B I'
CITY OF CARLSBAD
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LIST OF INTERSECTIONS
Carlsbad Boulevard and
Carlsbad Boulevard and
Carlsbad Boulevard and
Chestnut Avenue and El
Elm Avenue
Grand Avenue
Tamarack Avenue
Camino Real
El Camino Real and Marron Road
El Camino Real and Plaza Way (May Co; entrance)
Elm Avenue and Harding Street
Elm Avenue and State Street
Grand Avenue and State Street
Jefferson Street and Marron Road
Pi0 Pic0 Drive and Tamarack Avenue