HomeMy WebLinkAboutRES CC 1984 103 1984 0620RESOLUTION NO. 84- 103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING AGREEMENT FOR
TRAFFIC SIGNAL MAINTENANCE BETWEEN THE CITY OF
MOORPARK AND SIGNAL MAINTENANCE, INC.
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That that certain Agreement, dated June 20, 1984,
by and between the City of Moorpark and Signal Maintenance, Inc.,
for providing traffic signal maintenance in and for said City of
Moorpark, as outlined in said agreement, be and the same is
hereby approved.
SECTION 2. That the Mayor and City Clerk are hereby authorized
and instructed to execute said a(Ircement for and on behalf of
the City of Moorpark.
PASSED AND APPROVED this 20th day of June, 1984.
May f th it of Moorpark,
Califootnia
ATTES`P :
City Clerk �,( ;r'y ?�
r
( SEAL) �. �'
A G R E E M E N T
1 THIS AGREEMENT, trade and entered into this day, of
2 1984, by and between the CITY OF MOORPARK
3 a municipal corporation of the STATE OF CALIFORNIA. hereinafter
4 referred to as the "City ", and SIGNAL MAINTENANCE. INC.,
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5 hereinafter called and referred to as the "Contractor ".
6 WITNESSETH:
7 WHEREAS, the City has decided to accept Contractor's
811 proposal and award to Contractor a contract for traffic signal
91II maintenance;
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10I NOW, TH9REFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
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11�I CONVENANTS AND PROMISES OF THE PARTIES HERETO AND UPON THE EXPRE.,
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121 AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES AGREE AS
13I� FOLLOWS:
1411 FIRST: That the complete contract shall consist of and
151 include the following documents, all of which shall be and are
16 11 hereby incorporated by reference and made a part hereof as fully
1711 as if set out in full herein:
1811 1. This Agreement.
1911 2. List of Intersections.
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201 3. Adjusted Labor Rate Schedule. 1
211 4. Equipment Rate Schedule. i
221 SECOND: Contractor agrees to furnish all tools, equipment,
11 23i1 apparatus, facilities, labor, services and materials, and perform
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2411 all work necessary to maintain traffic signal facilities in
251 accordance herewith. It is understood and agreed that all said
261 labor, services, materials and equipment shall be furnished and
271 said Work performed and completed by the Contractor as an
281 independent contractor, subject to the inspection and approval
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of the City, its Director of Public Works, or inspectors or
their representative.
THIRD: Contractor agrees to inspect, clean and adjust all
controller units, one time per month.
FOURTH: Contractor agrees to replace all lamps in all
signals, using an 80% depletion schedule, and standard traffic
signal lamps such as are manufactured by General Electric Company
or Sylvania Company. In addition, Contractor agrees to furnish
labor and equipment for replacement of sealed beam units. City
agrees to reimburse Contractor for the cost of said units.
FIFTH: Contractor agrees to clean and polish all lenses and
reflectors one time per year.
SIXTH: Contractor agrees to provide service twenty -four
hours per day for the servicing of traffic signal controllers
and systems equipment covered by this agreement.
SEVENTH: Contractor agrees to provide the same service
twenty -four hours per clay for the repair of other equipment and
appurtenances such as safety lighting, street name signs, street
lighting, pedestrian signals, flashing beacons and detector devic�s
which the Contractor may be called upon from time to time by the
City to repair, replace, or refurbish.
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EIGHTH: (a) For and in consideration of furnishing said
labor, services, materials and equipment under paragraphs THIRD,
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FOURTH, FIFTH, and SIXTH, excepting when such repairs are necessi
tated by obsolescence or accidental damage such as collision,. act
of God and vandalism, Contractor shall be entitled to receive
and shall be paid by the City the sum of $77.41 per month
for each signalized intersection.
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1 (b) For and in consideration for furnishing said labor,
2 services, materials and equipment under paragraph SEVENTH when
3 such repairs are necessitated by obsolescence or accidental damag
4 os definded above and under paragraph EIGHTH, Contractor shall be
5' entitled to receive in addition to the monthly sum above, a per
6 call sum based upon the invoice cost of materials, adjusted cost
7 of labor, and a reasonable percentage for overhead and profit, a
a not to exceed 25 %. Labor costs will be at Contractor's prevailin
9 standard rates for job classifications when repairs are made.
10 (c) The cost for services provided for herein may be
11 negotiated each year following the anniversary date of this
12 agreement. These negotiations will be based upon the Consumer I�
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13 price Index, Los Angeles, and will be subject to the approval
14 or the City. Any insurance increases may also be negotiated,
15 NINTH: The Contractor shall carry public liability and
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16 property damage insurance in an amount not less than $250,000.00
17 for injuries, including accidental death, for any one person, and
18 subject to the same limit for each person in an amount not less
19 than $504,000.00 on account of any one accident, and property
20 damage insurance in an amount not Less than $50,000.00. The
21 Contractor shall also maintain during the life of this contract,
22I� Workers' Compensation insurance covering all of his employees on
231, the project, in a company satisfactory to the City and upon
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1 request shall furnish to the City certificates issued by such
25'1 companies showing that all of the above mentioned insurance
2611 has been issued � i s and is in full force and effect prior to commenci
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work.
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(a) The Contractor shall likewise obtain public liability
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1 and property damage insurance to cover vehicles used or maintained
2 by him in the performance of the work, with liability limits of
3 not lass than $250,000.00 for any one person and $500.000.00 for
4 any one accident, and property damage of $50,000.00.
5 TENTH: This contract shall extend for a period of five (5)
6 years from the date hereof. However, either party in its discre-
7 tion shall have the right to terminate at any time sooner by
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I) givin.. sixty (60) days advance written notice.
9� ELEVENTH: If the Contractor should neglect to prosecute they
10 work properly, or fail to perform any provisions of this contract,l
11 ' the City, after three (3) days written notice to the Contractor, 1
12 may without prejudice to any other remedy it may have, make
13 good such deficiencies and may deduct the cost thereof from
141 the payment then or thereafter due to the Contractor. i
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TWELFTH: Except for the manufacturer's factory warranty,
161 the Contractor disclaims all warranties with respect to materials
17 If supplied hereunder, and further disclaims any and all liability
18�1 for failure to perform or delay in performance hereunder where they
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same is due in whole or in part to any cause beyond Contractor's
20 reasonable control, such as, but not limited to fire, flood,
21;1 earthquake, lightning, strike, or other labor difficulty. 1
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THIRTEENTH: Contractor shall not be liable for damages
2311 arising out of injury to person or damage to property of a custo-
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24,J mar or any third party unless the same was due to Contractor's
2511 fault or neglect.
261 (a) City further agrees to it %demnify to the extent authorizi d
27 ii by law, and save free and harmless contractor against negligent
2811 acts or omissions caused by City, its agents or employees, and an
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costs and expenses incurred by the respective parties on account
of any claim therefore. Contractor agrees to indemnify and save
free and harmless City and its authorized representatives and
employees against negligent act or omissions caused by Contractor
his agents or employees, and any cost and expenses incurred by t
respective parties on account of any claim therefore.
(b) It is agreed by the parties that this indemnify agree-
ment is not limited in any way by the extent of any policy of
insurance currently in force and held by either party.
Nothing herein contained shall be construed as limiting in
any way the extent to which the Company may be held responsible
for payment of damages to persons or property resulting from
his operations or any operations of any subcontractors under him.
WITNESS ,'HEREOF � the City Council of the City has caused
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this agreement to be subscribed by its Mayor and City Clerk and I
said Contractor liar, executed or caused this agreement to be
executed by his duly authorized officer.
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ATTEST:
Date:
City Clerk
CITY OF MOORPARK
By:
yor
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SIGNAL MAINTENANCE, INC.
By:
res cent
Date:
CITY OF MOORPARK /SIGNAL MAINTENANCE INC.
LIST OF INTERSECTIONS
1. Campus Park Drive and College View Avenue
STATE OF CALIFORNIA
COUNTY OF VENTURA SS.
CITY OF MOORPARK )
1, Doris D. Bankus City Clerk of the City of
Moorpark, California, do herelly certify that the forcgoing
Rcsolutiort No. 84 -103 was ad011tCd hY thc: city Council of the Cite of
,MUOI-ll, irk at a regular I11,2etlllg thc:1'cO1 Ilclti OH tllc° 20 day of
June , 19 84 , anci that OW ,Mllc �Is 'dOPt0d by
the following vote, to wit:
AY 1-:S: Councilmembers Straughcm, Harper, Beaulieu,
Prieto and Mayer Yancy- Sutton;
NOI-S: None;
1 WSEIN T: None.
WITNESS llly hand and the official sell t,t City, this 20
day cif June IQ 84
IT CI,I;RK