1973-0725_TRAFFIC SIGNAL MAINTENANCE_AgreementA GRIEEM
1', THIS AGREEMENT, made a d entered into this day of
2 i' �U �� , 1973, by and between the CITY OF SAN JUAN
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311 CAPISTRANO, a municipal cor oration, California, hereinafter re -
4H ferred to as the "CITY" ant TRAFFIC SIGNAL MAINTENANCE CO., INC.,
51' hereinafter called and referred to as "CONTRACTOR."
6 i Wl NESSETH:
7j WHEREAS, the City Coun it of the City of San Juan Capistrano
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81 does find that the proposal tendered by the Contractor for said
9 traffic signal maintenance ncluding the furnishing of all labor,
101 services, materials and equipment was a responsible proposal and
111 of high standards.
121 WHEREAS, the City Council of the City of San Juan Capistrano
131 does further find and determine that it would be in the best
14i interests of the City of San Juan Capistrano that said proposal be
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15 accepted, and the contract be awarded to the Contractor.
16 NOW, THEREFORE, FOR ANE IN CONSIDERATION OF THE MUTUAL
17 COVENANTS AND PROMISES OF THE PARTIES HERETO AND UPON THE EXPRESS
18 TERMS AND CONDITIONS HEREINA ER SET FORTH, IT IS AGREED BY AND
19 BETWEEN THEM, AND EACH WITH E OTHER, AS FOLLOWS:
201 FIRST: That the complete contract shall consist and include
21 the following documents, all of which, from 2 to 7 inclusive,
22 shall be and are hereby incorporated by reference and made a part
23 hereof as fully as if set out in full herein:
24 1. Proposed Agreement.
25 2. Summary/Analysis and Proposal.
26 3. List of some of the agencies for whom Contractor is
27 presently performing long-term service agreements.
28 4. Sixteen -point recap of maintenance program.
29 5. Objectives of preve tive maintenance program.
30 6. List of intersectio s.
31 7. Insurance certificates.
32 All contract documents are i tended to cooperate and be coordinated
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so that any one called for in any one not mentioned in the other
or vice versa, is to be executed the same as if mentioned in all
contract documents.
SECOND: The said Contractor agrees to furnish all tools,
equipment, apparatus, facilities, labor, service and materials,
and perform all work necess ry to maintain in good and workmanlike
manner traffic signal facil ties according to the proposal sub-
mitted and accepted as in a 1 contract documents hereinabove
referred 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 con-
tractor, subject to the inspection and approval of the City, its
Department of Public Works, or inspectors or their representatives.
THIRD: The Contractor agrees to inspect, clean and adjust
and make routine inspection of each controller unit, one time
per month.
FOURTH: Contractor agrees to replace all lamps in all
signals. Contractor agrees to use only standard traffic signal
lamps as manufactured by General Electric Company or Sylvania
Company.
FIFTH: Contractor agrees to replace or repair any and all
defective parts of the controller mechanism as the occasion arises.
SIXTH: Contractor agrees to clean and polish all lenses
and reflectors annually and at this time replace broken parts or
change parts as is necessary.
SEVENTH: Contractor agrees to maintain a 24-hour per day
emergency service for the replacement of burned -out lamps or con-
troller malfunctions. The intersections where said traffic signals
are located shall be regularly patrolled by the Contractor or his
representatives.
EIGHTH: Contractor ag as to make immediate emergency
service calls when necessary to make temporary repairs to signal
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11 equipment, when said signal equipment has been damaged by vehicle
2 accidents, acts of God, or malicious damage. (See Paragraph
3 Ninth (b)).
4 NINTH: For and in consideration of the furnishing by said
5 i Contractor as herein provid d of said labor, services, materials
611 and equipment in accordance with all provisions of this Agreement,
7 together with the appurtena ces thereto, said Contractor shall be
8i entitled to receive and she 1 be paid by the City of San Juan
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9 Capistrano, and said Contractor agrees to accept in full satisfaction
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10 therefor the sum of $19.88 per intersection per month, regardless of
11 facilities installed except as provided hereinafter in sub -paragraph
12 (a). Said sum shall be pai by the City to said Contractor each
13� month as said sum becomes d e and payable.
14 (a) All fixed time an semi -actuated signals which are in -
15 stalled from time to time s all be added to those already maintained
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16 by the Contractor as the Ci y notifies Contractor of the installs -
17 tion thereof. These signal shall be maintained at the same rate
18 and in the same manner as t ose covered by this Agreement. In the
19i event notification is made t other than the beginning of the
20monthly contract period, pa ment for that month shall be pro -rated
21 from the day the Contractor is notified. In the event any fully
22+ actuated signals are instal ed of a more complicated type than the
23 semi -actuated signals, then may be added to the maintenance agree -
24 ment at a price mutually as isfactory to the Contractor and the City.
25 (b) The City agrees t pay for repairs over and above the
26 contract price when such re airs are made necessary due to damage
27 to signals by collision, acts of God, or malicious mischief. The
28 cost of such repairs shall a based on the invoiced cost of
29 materials, adjusted cost o labor, and a reasonable percentage not
30 to exceed 25%, which is mu ally satisfactory to Contractor and City
31 Labor costs will be at Con ractor's prevailing standard rates for
32 job classifications.
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TENTH: The Contractor agrees to commence the work provided
for herein immediately upon the completion of the execution of this
Agreement and the delivery o him of an executed copy thereof, and
to continue in a due and diligent, workmanlike manner and without
interruption. Delivery of n executed copy of the Agreement shall
be complete when an execute copy thereof is delivered personally
to the Contractor or his au horized agent or representative, or when,
a copy thereof is placed in an envelope addressed to said Contractor
at his last known address a d deposited in the United States mail,
at San Juan Capistrano, Cal fornix, with the postage fully prepaid.
ELEVENTH: The Contrac or shall carry public liability and
property damage insurance i an amount not less than $100,000.00
for injuries, including ace dental death, for any one person, and
subject to the same limit f r each person in an amount not less
than $300,000.00 on account of any one accident and property
damage insurance in an amount not less than $100,000.00. The Con-
tractor shall also take and maintain during the life of this contrac
Workmen's Compensation insurance covering all of his employees on
the project, in a company satisfactory to the City and shall furnish)
to the City certificates is ued by such companies showing that all
of the above mentioned insu ante has been issued and is in full
force and effect prior to c mmencing work in accordance with this
Agreement. The Contractor shall be responsible for the insurance
coverage as herein provided of all employees of said Contractor.
Said insurance shall provi that the same is non -cancelable,
except upon ten (10) days ritten notice to the City.
(a) The Contractor s all likewise obtain public liability
and property damage insure ce to cover vehicles used or maintained
by him in the performance of said work connected with this Agree-
ment, with liability limit of not less than $100,000.00 for any
one person and $300,000.00 for any one accident, and property
damage of $100,000.00.
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1'II (b) If the Contractor falls to maintain such insurance,
2 j the City may obtain such insurance to cover any damages which said
3,City or its principals may be liable to pay through any of the
4loperations under this Agreeme t and deduct and retain the amount
5„ of the premiums forsuch insu ance from any sums due under the
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611 contract.
7 TWELFTH: It is hereby nderstood that this contract shall
8j terminate five (5) years fro date of the execution thereof.
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9! THIRTEENTH: In the eve t that any of the provisions of this
lo contract are violated by the Contractor, the City may terminate
11 the contract by serving written notice upon the Contractor of its
12 intention to terminate such contract and, unless within ten (10)
13 days after the serving of such notice, such violation shall cease,
14 the contract shall, upon the expiration of said ten (10) days,
15cease and terminate. As to violations of the provisions of this
161 contract which cannot be remedied or corrected within ten (10) days,
17 said contract shall, at the cption of the City, cease and terminate
18 upon the giving of like notice. In the event of such termination
19 for any of the reasons above mentioned, the City may take over the
20 work and prosecute the same to completion by contract or otherwise
21 for the amount and at the eXIDense of the Contractor.
22 FOURTEENTH: If the Con rector should neglect to prosecute
23 the work properly, or fail t perform any provisions of this con-
24 tract, the City, after three (3) days written notice to the Con-
25 tractor, may, without prejudice to any other remedy it may have,
26 make good such deficiencies, and may deduct the cost thereof from
27 the payment then or thereafter due the Contractor, provided however,
28 the Department of Public Works of said City shall approve such
29 action and certify the amoun thereof to be charged to the
30 Contractor.
31 FIFTEENTH: It is expre sly understood and agreed that the
32, Contractor herein named in t e furnishing of all labor, services,
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1materials and equipment and erforming the work as provided in
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2 this contract, is acting as n independent contractor and not as
3 an agent, servant or employe of the City of San Juan Capistrano.
4 IN WITNESS WHEREOF, the City Council of the City of San Juan
5 Capistrano caused this Agree ent to be subscribed by its Mayor and
6 City Clerk and said Contract r has executed or caused this Agreement
7 to be executed by his duly a thorized officer.
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9 DATED: c, " Z,5-- ;7,5CITY OF SAN JUAN CAPISTRANO
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11 By
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12 ATTEST:
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City Cer
15 TRAFFIC SIGNAL MAINTENANCE CO., INC.
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