Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Resolution No. 8576
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. 8576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A TRAFFIC SIGNAL MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF VERNON AND REPUBLIC ELECTRIC WHEREAS, Contract No. 443, Traffic Signal Maintenance Agreement was awarded to Signal Maintenance, Inc., by Resolution No. 4830 on August 6, 1981, and extended annually thereafter; and WHEREAS, Republic Electric, a California licensed electrical contracting and transportation engineering firm founded in 1991, recently purchased Signal Maintenance, Inc.; and WHEREAS, Republic Electric specializes in maintenance, testing, repair, and replacement of traffic signals, streetlights, and exterior commercial lighting; and WHEREAS, on October 20, 2004, the Finance Committee considered the recommendation of Bruce V. Malkenhorst, Director of finance, dated October 14, 2004, Bruce V. Malkenhorst, City Administrator/City Clerk, that an agreement with Republic be approved and executed; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with Republic to enhance services provided to the Vernon community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: : 1 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 SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true Hand correct. SECTION 2: The City Council of the City of Vernon hereby approves the Traffic Signal Maintenance Contract with Republic, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. - SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Contract for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed (Contract to: Republic Electric Attn. James A. Wagner, Vice President 715 E. Debra Lane Anaheim, CA 92805 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 20th day of October, 2004. ATTEST: LEONIS C. MALBURG, Mayor `— BRUCE V. MALKENHORST, City Clerk - 2 - 11 1 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8576, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, October 20, 2004, and thereafter was duly signed by the Mayor Pro Tem of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 3 - EXHIBIT N TRAFFIC SIGNAL MAINTENANCE CONTRACT 2004 THIS AGREEMENT is made. entered into and executed BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as "Agency" AND Republic Electric 7120 Redwood Blvd. Novato, CA 94945-4114 referred to as "Contractor" IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES DO HEREBY AGREE as follows: Article 1. GENERAL Section 1. Scope of Work Contractor will furnish all labor, equipment and materials and will perform all work for the construction of the facilities described in the plans and specifications attached hereto and hereby incorporated by this reference. Section 2. Consideration Section 3. Payments (a) Monthly Progress Payments On or about the 251h day of each month, Contractor shall submit to Agency an estimate of the cumulative amount and value of the work performed by Contractor prior to that date and subsequent to any prior estimates. 1. Agency shall pay Contractor, within 15 calendar days, 100% of the said estimate reduced by: (1) amounts due to Agency for equipment, services or materials furnished by Agency; (2) amounts of any claims or liens, and (3) amounts required to be deducted by Federal, State or local governmental authorities. No monthly payment shall be construed as acceptance of the work, or any portion thereof, nor shall such payment preclude Agency from demanding and recovering from Contractor such damages as may be sustained by reason of Contractor's failure to fully perform this contract. Section 4. Contract Documents The co lete contract includes all of the contract documents set forth herein, to wit: this Agreement, the Performance Bond, Labor and Material Bond, Certificate of Insurance, Plans and Specifications, and Workmen's Compensation Certificate all attached hereto. Section 5. Compliance with Provisions of Law (a) The Agency is a public agency of the State of California and is subject to the provisions of the Government Code and Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as those set forth fully herein and will accordingly be complied with by Contractor. (b) Contractor shall comply with all other provisions of law relating to said work. Section 6. Attorne s' Fees The Court shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party in any action or proceeding brought to enforce the provisions of this Agreement. Section 7. Notices Any Notice required or permitted under this contract shall be given by personal delivery or by first class mail, postage prepaid, To: Contractor 7120 Redwood Blvd. Novato, CA 94945-4114 To: Agency 4305 Santa Fe Avenue Vernon, California 90058 2. Section 8. Conflict with Plans and Specifications Any conflict between the plans and specifications and this contract shall be brought to the attention of the Agency which shall resolve such conflict. Section 9. Assignment Contractor shall not assign this contract or payments due hereunder. Section 10. ParaMph Headings The paragraph headings in this contract are for the convenience of the parties and shall not affect the interpretation of this Agreement. Section 11. Authority of Agency Representative Agency's representative shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work, all questions as to the interpretation of the plans and specifications and all questions as to the acceptable fulfillment of the contract on the part of the contractor. Article 2. WAGES, HOURS and WORKING CONDITIONS Section 12. General Prevailing Rate of Per Diem Wages The general prevailing rates of per diem wages and general prevailing wages for holiday and overtime work in the locality in which the work is to be performed have been determined. Copies of the prevailing rate of per diem wages are on file with the Agency. Contractor agrees that he, or any subcontractor under him, will not pay less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. Contractor will post one copy of the aforesaid established prevailing rates of wages at the job site. For each calendar day or portion thereof, and for each workman paid less than the stipulated prevailing rates for such work or craft in which the workman is employed or any public work done under the contract by him, or any subcontractor under him. Contractor shall forfeit as penalty to the Agency the sum of $25.00. Section 13. Hours of Work (a) Eight hours labor constitutes a legal days work pursuant to this contract. The time of service of any workman employed upon the project is limited and restricted to eight hours during any one calendar day and forty hours during any one calendar week unless said employee is compensated at a rate of one -and -one-half times the basic rate of pay for all times in excess of the foregoing hours. 3. (b) Contractor shall keep until 90 days after completion of this contract and make available an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each workman employed by him in connection with the project. (c) Contractor shall, as a penalty to the Agency, forfeit $25.00 for each workman employed in execution of the contract by Contractor or by any subcontractor for each calendar day during which such workman is required or permitted to work more than eight hours in any one calendar day or forty hours in any one calendar week in violation of the provisions of this section. Section 14. Apprentices Contractor is responsible for complying with the provisions of Labor Code Section 1777.5 dealing with the employment of apprentices on the job site. The responsibility for compliance with said section for all apprenticeable occupations lies with the prime contractor. Section 15. Subcontractors (a) Contractor shall comply with the provisions of the "Subletting and Subcontracting Fair Practices Act" contained in Government Code Sections 4100 et sea. (b) Contractor shall submit to Agency the following information: (i) The name and location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construction of the work, or a subcontractor licensed by the State of California, who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. (ii) The portion of the work which will be done by each such subcontractor under said Act. (c) The prime contractor shall list only one subcontractor for each portion as defined by the prime contractor in his bid. Section 16. Discrimination The Contractor shall not refuse to employ or promote any person, and shall not discriminate against any person with respect to compensation received or terms and conditions of employment, and shall not discipline or discharge any person employed by him because of said person's race, religion, creed, color, national origin, ancestry or sex; nor shall the Contractor refuse to accept otherwise qualified employees as indentured apprentices solely on the grounds of race, religion, creed, color, national origin, ancestry or sex. a Section 17. Safe Contractors and subcontractors shall comply with the provisions of the Safety and Health Regulations for Construction, promulgated by the Secretary of Labor under Section 107 of the "Contract Work Hours and Safety Standards Act," as set forth in Title 29, C.F.R. and by the State of California, Division of Industrial Safety. Section 18. Character of Workmen Only competent .workmen shall be employed on the work. Any person employed, who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform his work properly and acceptably, shall be immediately removed from the work by the Contractor and not be re-employed on the work. Article 3. INSURANCE, INDEMNIFICATION and BONDS Section 19. Insurance Prior to commencing work hereunder, Contractor shall provide Agency with a Certificate of Insurance naming Agency as an additional -named insured on a policy or policies of insurance providing and maintainin the coverages set forth in the insurance certificate attached hereto Said certificate shall also provide that said policy or policies shall not be amended or cancelled without giving of at least 30 days prior written notice to Agency. Section 20. Indemnification The Contractor shall indemnify and hold harmless the City of Vernon and its agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damages loss or expense (a) is attributable to bodily injury, sickness, disease or death of any person, including but not limited to persons employed by contractor or any subcontractor, or to injury to or destruction of tangible property (other than the work itself) including the loss or use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whom acts of them may be liable. Section 21. Workmen's Compensation Contractor shall be required to secure payment of compensation to his employees pursuant to Labor Code Section 3700, and shall be required to obtain employers' liability insurance of $100,000. Prior to performing the work hereunder, Contractor shall submit the following certificate to the Agency (or an executed certificate of insurance provided herein): 5. "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be self -insured against liability for workmen's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." Section 22. Labor and Material Pavment Bond (a) Before entering upon the performance of the work, Contractor shall file a Labor and Material payment bond with and approved by the Agency. Said payment bond shall be in the sum of 100% of the total amount payable by the terms of the contract to the Contractor. (b) Said a ent bond shall be in substantiall the form of the payment bond attached hereto and shall provide that if the original Contractor or his subcontractor fails to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorneys' fees, to be fixed by the Court. Section 23. Performance Bond Contractor shall execute and deliver to Agency for its approval and acceptance a Performance Bond in the amount of 100% of the contract price. Said bond shall be payable by surety or sureties to Agency in the event Contractor fails to fully perform his obligations hereunder. Said bond shall be in substantially the form of the Performance Bond attached hereto Article 4. PERFORMANCE Section 24. Time for Completion I$ Section 25. Acts of God Contractor shall not be responsible for the cost of repairing or restoring damage to the work which damage is determined to have been proximately caused by an act of God, provided, that the work damaged is built in accordance with accepted and applicable standards and the plans and specifications of the Agency. Section 26. Utility Relocation (a) As between the parties, Agency is responsible for the timely removal, relocation or protection of existing main or trunk line utility facilities located on the job site, if such utilities are not identified by the Agency in the plans and specifications. Contractor shall be compensated for the costs of relocating by Agency for repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating such utility facilities not included in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the Agency or the owner of the utility to provide for removal or relocation of such utility facilities. (b) Nothing herein shall be deemed to require the Agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of construction can be inferred from the presence of other visible facilities, such as buildings, metering junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the Agency from identifying main or trunk lines in the plans and specifications. (c) If the Contractor, while performing the contract, discovers utility facilities not identified by the Agency in the contract plans or specifications, he shall immediately notify the Agency and utility in writing. Section 27. Public Convenience (a) Contractor's operation shall cause no unnecessary public inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work or an approved detour shall be provided. Safe, adequate, continuous and unobstructed pedestrian and vehicular access shall be maintained to fire hydrants, water valves, residences, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, and hospitals, unless other arrangements are made satisfactory to the owners thereof. 7. (b) Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. (c) Grading operations, roadway excavation and embankment construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed the roadbed surface shall be brought to a smooth even condition satisfactory for traffic. (d) The Contractor shall comply with all applicable State, County and City requirements for closure of streets. He shall provide barriers, guards, lights, signs, temporary bridges, flagmen and watchmen advising the public of detours and construction hazards. He shall also be responsible for compliance with additional public safety requirements which may arise during construction. He shall furnish and install and upon completion of the work, promptly remove all signs and warning devices. (e) At least 48 hours in advance of closing or partial closing or of reopening any street, alley, or other public thoroughfare Contractor shall notify the police, fire, traffic and engineering departments of jurisdictional agencies involved and comply with their requirements. Section 28. Excavations (a) Excavation Safety Contractor shall submit to Agency, for its approval, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of trenches five feet or more in depth. Said plan shall be at least as effective as that required by the Construction Safety Orders of the California Division of Industrial Safety. If said plan varies from the shoring systems standards established by said Safety Orders, the plan shall be prepared by a registered civil or structural engineer. (b) Separate Bid Item In the event Contractor is required to submit a detailed plan in accordance with subsection (a) of this Section, Contractor shall also submit, as a bid item, the cost of adequate sheeting, shoring and bracing or equivalent method. (c) Closure At the close of each working day, Contractor shall completely backfill all open excavation and cover the same with temporary asphalt mix in accordance with normal practice in the industry and the rules, regulations, laws and ordinances of the State of California, the County of Los Angeles and the City of Vernon. Section 29. Extra Work The Agency upon proper action by its governing body may require changes in, additions to, or deductions from the work to be performed or to the materials to be furnished pursuant to the provisions of the agreement or any other contract document. No extra work shall be performed or change made unless in the pursuance of a written order from the Agency stating that the extra work or change is authorized, and setting forth the basis upon which payment therefore is to be made, and no claim for an addition to the contract sum shall be valid unless so ordered, provided, however, that nothing in this article shall excuse the Contractor from proceeding with the prosecution of the work so changed. The Contractor shall, when required by the Agency, furnish an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Adjustment, if any, in the amounts to be paid to the Contractor by reason of any such change, addition or deduction shall be determined by one or more of the following methods: By an acceptable lump sum proposal from the Contractor. By unit prices contained in the Contractor's original bid and incorporated in the contract documents or fixed by subsequent agreement between the Agency and the Contractor. By ordering the Contractor to proceed with the work and to furnish daily reports of extra work. The reports shall itemize all costs for labor, materials, and equipment rental. The reports for workmen shall include hours worked, rates of pay, names and classifications; and for equipment shall include size, type, identification number and hours of operation. All records and reports shall be made immediately available to the engineer upon his request. When the Agency orders work to be done and there is an agreement between the Agency and the Contractor to perform said work, the Agency reserves the right to approve the method used by the Contractor to accomplish said work. At the request of the Agency, the method to be used shall be defined in the agreement prior to any work being performed by the Contractor. Section 30. Clean -Up Upon completion of the work, Contractor shall remove all debris and surplus materials from the work site. Section 31. Materials (a) New Materials and Equipment Unless otherwise specified, shown, or permitted by the,Engineer, all materials and. equipment incorporated in the work shall be new and of current manufacture. The Engineer may request the Contractor to furnish manufacturer's certificates to this effect. a (b) Inspection, Materials or Work All materials furnished and all work performed hereunder shall be subject to inspection and testing by Agency's authorized agents at Agency's expense. In the event such inspection and testing reveals non-compliance with the requirements of this Contract, the Contractor shall bear the cost of necessary corrective measures as well as the cost of subsequent inspection and testing. (c) Defective Equipment. Materials or Work The inspection of the work shall not relieve the Contractor of any of his obligations under the contract. Even though equipment, materials, or work required to be provided under the contract have been inspected, accepted, and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found to be defective or otherwise not to comply with the requirements of the contract up to the end of the maintenance and guarantee period as provided in Sec. 43. Section 32. Permits and Licenses (a) Contractor shall apply for and procure all permits and licenses necessary for the work except: (b) Contractor shall give all notices necessary and incidental to the due and lawful prosecution of the work and shall comply duly with the terms and conditions of all permits and licenses. (c) Contractor shall pay all charges and fees in connection with all permits and licenses except those required by the following: Section 33. Land and Rights of Way (a) Agency shall provide all land and rights of way upon which the work is to be constructed. (b) Contractor shall procure any additional rights of way desired by the Contractor to facilitate construction of the work. Contractor shall enter into written agreements with property owners for such purposes and shall provide agency with copies of said agreements. (c) Except as provided in Section 26 relating to utility relocation, when the work described herein is to be performed in the vicinity of existing improvements, all such improvements shall not be disturbed or damaged except for such removal or relocation of improvements in the land and rights of way provided by the Agency as is unavoidable in order to accommodate required work hereunder. 10. Section 34. Plans and Working Drawings Submitted by gency (a) The approved plans shall be supplemented by such working drawings as are necessary to control the work adequately. All such drawings shall be consistent with the contract documents, true developments thereof, and reasonably inferable therefrom. All such drawings delivered to the Contractor shall be deemed written instructions to the Contractor. (b) The Agency will furnish to the Contractor, free of charge, all copies of drawings, and specifications reasonably necessary for the execution of the work. The Contractor shall keep one set of drawings and specifications in good order available to the Agency's representative and to his representatives at the site of the work. (c) The plans for the work show conditions as they are supposed or believed by the Engineer to exist; but it is not intended or to be inferred that the conditions as shown thereon constitute a representation by the Agency or its officers that such conditions are actually existent. The Agency, any of its officers, and the Engineer shall not be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual conditions revealed during the -progress of the work, or otherwise. Section 35. Shop Drawings Submitted by Contractor (a) Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any subcontractor, manufacturer, suppliers or distributor, and which illustrate some portion of the work. (b) The Contractor shall review, stamp with his approval, and submit for review by the Agency's representative shop drawings for all material and equipment to be incorporated into the work. Drawings shall be submitted in quadruplicate to the Agency's representative and be accompanied by a letter of transmittal listing the drawings submitted. Drawings shall show the name of the project, the name of the Contractor, and, if any, the names of suppliers, manufacturers, and subcontractors. Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the work. (c) Shop drawings shall be complete in all respects. If the shop drawings show any deviations from the requirements of the plans and specifications because of standard shop practices or other reasons, the deviations and the reasons therefor shall be set forth in the letter of transmittal. (d) By approving and submitting shop drawings, the Contractor represents that material, equipment and other work shown thereon conforms to the plans and specifications except for the deviations set forth in the letter of transmittal. (e) Within ten calendar days after receipt of said drawings, the Agency's representative will return two prints of the drawings to the Contractor with his comments noted thereon. If so noted by the Agency's representative, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor 11. shall direct specific attention in the letter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the Agency's representatives on previous submittals. (f) The review of the Agency's representative is only of general conformance with the design concept of the project and general compliance with the plans and specifications and shall not be construed as relieving the Contractor of the full responsibility for: providing materials, equipment, and work required by the Contract; the proper fitting and construction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of construction; and performing the work in a safe manner. (g)- No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the Agency's representative and returned to the Contractor with a notation indicating that resubmittal is not required. Section 36. Supervision by the Contractor Before starting the work, the Contractor shall designate, in writing, a representative who shall have complete authority to act for him. An alternate representative may be designated. The representative or alternate shall be present at the worksite whenever work is in progress. Any order of communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or his designated representative, necessary or desirable directions or instructions may be given by the Agency's representative to the superintendent or foreman having charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or his representative. Section 37. Inspection (a) The Agency's representative shall at all times have access to the work On "# and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work. (b) Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Agency's representative so that proper inspection may be provided. Any work done in the absence of the Agency's representative will be subject to rejection. (c) No materials shall be installed until approved by the Agency's representative. All installations which are to be backfilled shall be inspected and approved by the Agency's representative prior to backfilling and the Contractor shall give due notice in advance of backfilling to the Agency's representative so that proper inspection may be provided. (d) The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected notwithstanding the fact that such defective work and 12. unsuitable materials have been previously overlooked by the Agency's representative and accepted. Section 38. Removal of Defective and Unauthorized Work (a) All work which has been rejected shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed him for such removal or replacement. Any work done beyond the liens and grades shown on the plans or established by the Agency's representative, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. (b) Upon failure on the part of the Contractor to comply promptly with any order of the Agency's representative made under the provisions of this article, the Agency's representative shall have authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs from any monies due or to become due the Contractor. Section 39. Errors or Discrepancies Noted by Contractor (a) If the Contractor, either before commencing work or in the course of the work finds any discrepancy between the specifications and the drawings, or between either of them and the physical conditions at the site of the work, or finds any error or omission in any of the drawings or in any survey, he shall promptly notify the Agency's representative in writing of such discrepancy, error or omission. If the Contractor observes that any drawings or specifications are at variance with any applicable law, ordinance, regulation, order or decree, eh shall promptly notify the Agency's representative in writing of such conflict. (b) The Agency's representative, on receipt of any such notice, shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly after his discovery of such error, discrepancy or conflict, will be at his own risk and he shall bear all costs arising therefrom. Section 40. Equipment The Contractor must furnish adequate equipment and facilities to perform properly the work in a workmanlike manner in accordance with these specifications. Such equipment and facilities must be in a good state of repair and maintained in such state during the progress of the work and shall meet all requirements of applicable ordinances and laws. No worn or obsolete equipment shall be used, and in no case shall the maker's rating of capacity for any equipment be exceeded. 13. Section 41. Storage of Materials All materials for use in the work shall be stored by the Contractor in such a manner as to prevent damage from exposure to the elements, admixture of foreign materials or from any other cause. The Contractor shall be entirely responsible for damage to or loss of materials by weather or other causes. Article 5. MISCELLANEOUS Section 42. Damages for Delay (a)- The Contractor acknowledges that Agency desires the project to be completed on or before the date specified in Section 24. contractor also acknowledges that if the work is not completed on or before said date that the Agency will incur substantial damages which cannot be ascertained at this time. Accordingly, Contractor shall pay to Agency any and all damages caused by Contractor's delay in competing the work as herein provided. (b) If the work is not completed in accordance with the foregoing, it is mutually agreed that the Agency will suffer damage, and it being mutually agreed that it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the Agency, as fixed and liquidated damages and not as a penalty, the sum of $100.00, each and every calendar day of delay, and the Contractor and his Surety shall be liable for the amount thereof provided that the Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (including but not restricted to acts of God, or of the public enemy, acts of the Government, acts of the Agency, or acts of another Contractor in the performance of a Contract with the Agency, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors due to such causes). (c) The Contractor shall within ten (10) days from the beginning of any such delay (unless the Agency shall grant a further period of time prior to the date of final settlement of the Contract) notify the Agency in writing of the cause of delay, whereupon the Agency shall ascertain the facts and extent of the delay and extend the time for completing the work if in its judgment the findings of fact justify such an extension, and its findings of fact thereon shall be final and conclusive on the parties hereto. (d) The Agency shall have the right to extend the time for completion if it determines such extension to be in the best interest of the Agency; however, if the Agency extends the time limit for the completion of the work, by way of a change order, at the request of the Contractor, for other than acts of God and situations beyond the control of both parties, it is understood and agreed that such time extension will increase the Agency's financial obligations incurred for engineering, inspection, supervision, incidental and overhead expenses that are directly chargeable to the contract and that accrue during the period of extension. Therefore the Contractor does hereby acknowledge that reasonable charges for the hereinabove Agency 14. ex ense shall be reimbursed to the Agency by the Contractor Section 43. Guarantees Contractor does hereby guarantee all work for the period of one year after the date of acceptance of the work by the Agency and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship within one year from the date of acceptance, without expense whatsoever to the Agency, ordinary wear and tear, usual abuse or neglect excepted. In the event of failure to comply with the above -mentioned conditions within a week after being notified in writing, the Agency is -hereby authorized to proceed and have the defects repaired and made good at the expense of the Contractor, who hereby agrees to pay the cost and charges therefor immediately on demand. Section 44. Risk of Loss Prior to Final Acceptance Except as set forth hereinabove relating to acts of God, all risk of loss resulting from total or partial destruction of the work, or any part thereof, or any damage thereto, prior to final acceptance of the work by Agency, shall be borne by Contractor regardless of the cause of such total or partial damage or destruction. Contractor shall repair or replace such damages or destroyed work at his sole cost, to its prior undamaged condition before being entitled to additional progress payments or final payment. Such total or partial destruction or damage shall not excuse Contractor from completion of the work in accordance with the provisions of this contract. Section 45. Termination (a) Termination of Right to Proceed Should the Contractor fail to meet any or all of the requirements of the Contract, or should he be placed in or enter into bankruptcy, or should a receiver be appointed for his properties, or should he make an assignment for the benefit of creditors, the Agency may declare the Contractor in default of Contract. In such event, the Agency, will, in writing, so notify the Contractor. Upon receipt of any such notice of default, the Contractor shall at his expense, preserve at the project site all construction materials, equipment and plant, and undertake immediate steps to remedy such default. Should the Contractor fail to remedy such default within 5 calendar days after receipt by him of such written notice of default, the Agency may, in writing, and without notice to the Contractor's sureties, terminate the Contract right to proceed with that work as to which default has occurred. Upon receipt of any such written notice of termination of right to proceed, the Contractor shall at his expense, for that work affected by any such termination. 15. (1) assist the Agency in making an inventory of all materials and equipment in storage at the site, en route to the site, in storage or manufacture away from the site, and on order from suppliers; (2) assign to the Agency, subcontracts, supply contracts and equipment rental agreements all as designated by the Agency, and (3) remove from the site, all construction materials, equipment and plant listed in said inventory other than such construction materials, equipment and plant which are designated in writing by the Agency to be used by the Agency in completing such work. The Agency shall have the right to complete the work to which the termination of the right to proceed applies by contract or otherwise, and the Contractor agrees that the Agency shall have the right to take possession of an to use any or all of the materials, plant, tools, equipment, supplies and property of any and every kind furnished by the Contractor which is designated by the Agency in writing for such purpose. The expense of so completing such work, together with a reasonable charge for administering any contract for such completion, shall be charged to the Contractor, and such expense shall be deducted by the Agency out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense exceeds the sum which would have otherwise been payable under the Contract, then the Contractor and his sureties shall be liable for and shall, upon written notice from the Agency, promptly pay to the Agency, the amount of such excess. The Agency shall not be required to obtain the lowest figures for completing such work, but may make such expenditures as in the Agency's sole judgment will best accomplish such completion. (b) Optional Termination of Contract by Agency (Contractor Not at Fault) Agency may terminate the contract upon 10 days written notice to the Contractor, if it is found that reasons beyond the control of either the Agency or Contractor make it impossible or against the Agency's interests to complete the work. In such a case, the Contractor shall have no claims against the Agency except (1) for the value of work performed up to the date the contract terminated, and (2) for the cost of materials and equipment on hand, in transit, or on definite commitment, as of the date the contract is terminated, such would be needed in the work and which meet the requirements of the specifications. The value of work performed and the cost of materials and shipment delivered to the site, as mentioned above, shall be determined by the Engineer in accordance with the procedure prescribed for making of a final estimate and payment as described in 3. 16. (c) Optional Termination of Contract by Agency (Contractor at Fault) The Agency may terminate the Contract upon 10 days written notice to the Contractor in the event of any default by the Contractor. It shall be considered a default by the Contractor whenever he shall (1) declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors; (2) disregard or violate material provisions of the contract documents or Engineer's instructions, or fail to prosecute the work according to the approved progress schedule; (3) fail to provide a qualified superintendent, competent workmen, or subcontractors, or materials or equipment meeting the requirements of the Specifications and Drawings. In the event the contract is terminated in accordance with Subsection 45(c), the Agency may take possession of the work and of all materials, tools, equipment, and property of the Contractor, which have been provided in connection with the work, and may complete the work by whatever method or means it may select. The cost of completing the work shall be deducted from the balance which would have been due the Contractor had the contract not been terminated and the work completed in accordance with the Drawings and Specifications. If such cost exceeds the balance which would have been due, the Contractor shall pay the excess amount to the Agency. If such cost is less than the balance which would have been due, the Contractor shall have no claim to the difference except to such extent as may be necessary in the opinion of the Engineer, to reimburse the Contractor or the Contractor's sureties for any expense properly incurred for materials, tools, equipment, property, and labor, devoted to the prosecution of the work, of which the Agency shall have received the benefit. In computing such expense, as it relates to equipment and property, the salvage value at completion of the work shall be deducted from the depreciated value at the time the contract was terminated, and the difference shall be considered as an expense. Section 46. Standard Specifications The "Standard Specifications for Public Works Construction" (current year edition), published by Buildings News, Inc. is hereby incorporated by this reference and made a part hereof as though fully set forth at length, provided, however, in the event that said standard specifications are inconsistent with the terms of this contract, including the special provisions attached hereto as Exhibit E and incorporated by reference, then this contract and the special provisions shall be deemed controlling. 17. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first above written. AGENCY: CITY OF VERNON ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney CONTRACTOR: By: LEONIS C. MALBURG, Mayor REPUBLIC ELECTRIC By: Print Name: Title: By: Print Name: Title: The signatures required of a corporation are as follows: • First Signature - the chairman of the board, the president or any vice president; and • Second Signature - the corporate secretary, any assistant secretary, the chief financial officer or any assistant treasurer. 18. WORKERS' COMPENSATION CERTIFICATE The undersigned acknowledges that Section 3700 of the California Labor Code requires every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that Labor Code. The undersigned agrees to comply with such provisions before commencing the performance of this Contract. CONTRACTOR Name Dated By Title By Title NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice-president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the Contractor is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the Contractor is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. Workers' Compensation Certificate - 1 EXHIBIT A: SCHEDULE OF FEES { 1 Descriotion *** Overtime —Regular Operations Superintendent $70.00 $98.00 Lead Signal Technician $69.76 $96.00 Signal Technician $68.76 $95.00 Lead Signalman(Utility Tech $68.76 $95.00 Signalman(Utility Tech 68.76 $95.00 Lab Test Technician $30.00 $45.00 Engineering System Technician 68.76 $95.00 Laborer $65.00 $89.00 Ili. Per Trip Eguipment Rates*. **.*** Description Per Hour Service Truck $18.00 Hydraulic Man -lift Bucket Under 32' $28.00 Hydraulic Man -lift Bucket Over 32 $38.00 Com ressor w/ Tools $15.00 Concrete Saw / Water Truck $40.00 IV. Markug15% *Arty equipment used, but not on the above list will be charged at local prevailing rental rates **Arty equipment rented will be at the rental rate plus Markup *** All time and material work is portal to podal EXHIBIT B: INSURANCE SCHEDULE INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Hazards Automobile Liability Bodily Injury Property Damage Each Person Each Accident Each Accident Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer II. Liabilitv General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1; 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by City. 3. b. In addition to the above, the Consultant shall provide such further proof of insurance documentation as the City deems necessary. - E-8 - EXHIBIT C: LABOR BOND LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the CITY OF VERNON, a municipal corporation, by action on the day of 2004, has awarded to Republic Electric, hereinafter designated as the "Principal," Contract For Traffic Siqnal Maintenance in Los Angeles County, California; and WHEREAS said Principal is required to furnish a bond in connection with said Contract providing that if said Principal or any of his subcontractors shall fail to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, we, the Principal and , as Surety, are held and firmly bound unto the CITY OF VERNON in the penal sum of ($ ), lawful money of the United States the payment of which sum well and truly to be ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents. DOLLARS of America, for made, we bind and successors, THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court, pursuant to Section 3181 of the California Civil Code. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on the day of 2004. (Attach Acknowledgment) APPROVED AS TO FORM: Name (Principal) By Name (Surety) By (Attorney -in -fact) Eric T. Fresch, City Attorney EXHIBIT D: PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Vernon, a municipal corporation, by action on the day of 2004, has awarded to Republic Electric, hereinafter designated as the "Principal", a Contract for Traffic Signal Maintenance in Los Angeles County, California; and _ WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, we, the Principal and , as Surety, are held firmly bound unto the CITY OF VERNON hereinafter called the "Obligee," in the penal sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally and firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the abovebounden Principal, his heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said Contract, and any alteration thereof made as therein provided, on his part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agents, as therein stipulated, this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does thereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work or to the specifications, and said Surety agrees that in case suit is brought on this bond, Surety will pay City's reasonable Attorney's fees to be fixed by the court. IN WITNESS WHEREOF, three (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by the Principal and Surety above named, on the day of , 2004. Name (Attach Acknowledgment) (Principal) Name (Surety) (Attorney -in -fact) APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney EXHIBIT E: SPECIAL PROVISIONS S - SPECIAL PROVISIONS 1. PURPOSE OF TRAFFIC SIGNAL MAINTENANCE CONTRACT The purpose of the requested bids for service for traffic signal maintenance shall be to provide routine and extraordinary maintenance on traffic signals maintained by the City and those new signals that may from time to time be installed by the City during the life of the contract. 2. BASIS OF AWARD The basis of contract award will be both bid price and an evalu- ation of the respective bidder's experience, facilities maintained by the bidder for controller and signal maintenance, ability and time to repond to trouble calls, and other factors. The bidder is invited to submit additional factual information. The City desires to make an objective evaluation of all bidders' qualifications prior to award of contract. Since this bid is for technical services the evaluation of bidder qualifications to perform traffic signal maintenance in Vernon has importance as well as the bid prices. 3. LIST OF SIGNALIZED INTERSECTIONS Alcoa & Fruitland Alcoa & Leonis Alcoa & Slauson Atlantic & District Bonnie Beach &-"Bandini Boyle & Fruitland Boyle & Leonis Downey & Fruitland Downey & Leonis Downey & Vernon Jewel & 37th Loma Vista & District Pacific & Fruitland Pacific & Leonis Santa Fe &25th-26th Santa Fe & 27th Santa Fe & 37th-38th Santa Fe & 55th Santa Fe & Fruitland Santa Fe & Pacific Santa Fe & Vernon Sierra Pine & Bandini Soto & 26th Soto.& 37th - Bandini Soto & Fruitland Soto & Leonis Soto & Vernon Washington & Hobart The Director of Community Services/Health will assist bidders in making a field inspection of existing signal equipment. 4. SCOPE OF WORK Contractor shall furnish all tools, equipment, apparatus, .facil- ities, labor, services and materials, and perform all work necessary to maintain in a. good and workmanlike manner traffic signal facilities according to the proposal submitted and in accordance with these spec- ifications. 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 City's Director of Community Services /Health or by his inspectors or renresentatives. 5. ADDITIONS TO SYSTEM Contractor shall maintain additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of the.City, at the sameunit price. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost will be prorated from the day the Contractor is notified. 6. ROUTINE MAINTENANCE The intersections where said traffic signals are located shall be regularly patrolled twice weekly by Contractor or his "representa- tives. Contractor shall repair parts, replace parts and lamps and otherwise keep the traffic signals in good working condition. Con- tractor shall maintain a local telephone where he can be reached twenty-four (24) hours per day, this telephone number to be made avail- able to the Director Community Services/Health. The price bid for routine maintenance shall include the following services: a. Coordination Timing For non -interconnected pretimed systems contractor shall check SY=4's for coordination once each week. b. Monthly Inspection of pretimed controllers, timing not less than Contractor shall inspect, clean, adjust and make a routine in- spection of each controller unit once per month. The cabinet shall be cleaned inside and any filters which are found dirty shall be replaced. C. Repair and Replacement Contractor shall replace or repair any and all defective parts of the controller mechanism as the occasion arises. Contractor agrees that he will maintain record in each controller showing the date and time checked. Controllers shall not be replaced or interchanged, ex- cept temporarily for repair. d. Lamp Replacement Contractor shall replace all lamps in all signals on a depletion curve acceptable to the City, but not to exceed eight (8) months. Con- tractor shall use only standard traffic signal lamps as manufactured by General Electric Company, Sylvania Company, or other manufacturer acceptable to the City. e. Lens Replacement Contractor shall clean, polish and inspect all lenses and reflect- ors at the time the traffic signals are relamped. At this time, all broken or deteriorated parts shall be replaced or changed as necessary. h f. Painting Contractor shall repaint all metal standards, signal heads, back -plates, visors and controller housings at least every 30 months and for those signals shown on the listing herein repainting shall be done at least once during the contract term. g. Luminated Street Name Sians d" This contract covers all luminated signs but does not cover street.safety lighting except damage to combination signal and light- ing poles caused by acts of God, malicious mischief or collision. h. Additional Items Contractor shall also consider as routine maintenance the following: (1) Vehicle controller (2) Pedestrian controller (3) Conflict monitor (4) Synchrolizer (5) Flasher motor (6) Time switch (7) Relays & load switches (8) Interconnection (9) Vehicle Lamp burnouts (10) Neon tube or module burnouts on pedestrian signals (11) Pedestrian transformer malfunction (12) Vehicle Detectors (13) Pedestrian push buttons (14) Any.failure or malfunction of any part of the signal system master controller or interconnect not caused be acts of God, malicious mischief or collision. 7. ANNUAL CONTROLLER SERVICE All electro-mechanical controllers shall be bench serviced, which includes completely overhauling and replacing any worn out parts. If the dial settings drift more than 10% they shall be re -calibrated. 8. EMERGENCY SERVICE Contractor shall maintain a 24-hour per day emergency service for the replacement of burned out lamps, controller malfunction, or extraordinary maintenance. Contractor shall make immediate service calls on an emergency basis in the event of malfunctions of the con- troller or signal system. The replacement of burned -out lamps need not be on an emergency basis provided that there are at least two (2) indications still operative for each direction of travel. Such re- placement shall be handled assoon as possible in a routine manner. r a. Additional Items Contractor shall also consider as emergency the following: (1) Fuse burnouts (2) Flasher motor failure (3) Relay or load switch failure (4) Any failure or malfunction of any part of the signal system master controller or inter:connect caused by acts of God, malicious mischief or collision. 9• TYPES OF CONTROLLERS Routine maintenance and the price types of controllers as may exist in the stalled during the life of the contract. 10. EXTRAORDINARY MAINTENANCE bid thereof shall include all City now or that will be in - Contractor shall respond immediately on 'an emergency basis when directed by the City to make repairs in the event of damage to.traffic signals or appurtenant devices due to the acts of God,malicious mis- chief or collision. City shall pay for such repairs required beyond the scope of routine maintenance as follows: a. Materials - The City shall pay to the Contractor for materials used in extraordinary maintenance the Contractor's cost from the supplier plus the percentage specified in the Contractor's bid proposal. The City has the right to inspect the Contractor's records to vertify any material costs used in extraordinary maintenance. b. Direct Labor - Contractor shall present with his monthly invoice a record of hours spent in extraordinary maintenance of traffic signals and appurtenances. City shall pay the Contractor for such hours of ex- traordinary maintenance at the rates specified on the Contractor's bid proposal. Said hourly rates shall be total cost to City. Rates .shall include all compensation for wages, profit, overhead, any fringe ben- efits such as,employer payments,to or on behalf of workmen for health and welfare, insurance, workman's compensation, pension, vacation, sick leave or any local, State,Federal or union tax or assessment. City will pay for the time spent on the job starting at time.of arrival and to completion. Travel time is not part of extraordinary maintenance. C. Equipment - City shall pay Contractor for equipment used in ex- traordinary maintenance on a job -trip basis rate as specified in the Contractor's bid proposal. The Contractor's listing of. job -trip equip- ment rates shall constitute total rates to be paid by City when spec- ified equipment is used. .No additional Payments of any kind shall be made for equipment except as specified on the Contractor's bid proposal of job -trip rates. .b-7r�P serdtGq 0r ���1�� by —Tkri C;� �� SPccGc .Ai dfC, t, As used herein job -trip shall mean the furnishing at the site of extraordinary_ maintenance work the equipment specified. The job - trip rate shall be independent of the length of time the equipment is at the job_ site. If a particular extraordinary maintenance pro- ject entails more than four (4) continuous hours at the job site, within a 24 hour period, two (2) job -trip units shall be -paid -by the City. No job -trip shall be paid for extraordinary maintenance if Contractor is in the City or coming into the City for ordinary main- / tenance. Except if the extraordinary maintenance is more than four (4) continuous hours. No additional compensation shall be paid for _ transporting the equipment to or from the job site. 11. CONTRACT PERIOD -'his contract shall commence on September 1, 1981 and expire. on August 31, 1986. 12. COMPENSATION The Contractor shall be entitled to a percentage adjustment in the bid price commencing July 1, 1982 and each year thereafter. The bid prices will be increased or decreased in accordance with the De- partment of Labor's Consumer Price Index for the Los Angeles -Long Beach Metropolitan Area, as published on July 1 of each year. The bid price will be adjusted 75% of the Consumers Price Index. 13. MAINTENANCE ACTIVITY LOG A monthly maintenance activity log shall be furnished to the City for the previous month's activities. This maintenance activity log shall have date and time problem was reported or seen, date and time work was completed, intersection and problem reported. or. seen, and how problem was solved. 14. INSURANCE AND BONDS Worker's Compensation Certificate, Performance Bond, Labor and Material Bond, and Certificate of Insurance will all be renewed annually. 15. BILLING Billing will be once a month which includes all extraordinary bills. Each extraordinary bill will be broken down as to material, labor, and job trips. Minimum time charged will be half an hour per job. 16. CONTRACT EXTENSION Contract may be extended by mutual agreement with the City and Contractor a year at a time. SUPPORTING DOCUMENTS TRAFFIC SIGNAL, MAINTENANCE CONTRACT - 2005 { TABLE OF CONTENTS Page Article 1. GENERAL ............................................ 1 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Scope of Work .................................. 1 Consideration .................................. 1 Payments ....................................... 2 Contract Documents ............................. 2 Compliance with Provisions of Law .............. 2 Attorney's Fees ................................ 2 Notices........................................ 3 Conflict with Plans and Specifications......... 3 Assignment ..................................... 3 Paragraph Headings ............................. 3 Authority of City's Representative ............. 3 Article 2. WAGES, HOURS AND WORKING CONDITIONS ................. 3 Section 12. General Prevailing Wages ...................... 3 Section 13. Hours of Work ................................. 4 Section 14. Apprentices .................................. 4 Section 15. Subcontractors 4 Section 16. ................................ Discrimination Section 17. ............................ ... 4 Safety ....................................... 5 Section 18. Character of Workers .......................... 5 Article 3. INSURANCE, INDEMNIFICATIONS AND BONDS ............... 5 Section 19. Insurance ..................................... 5 Section 20. Indemnification 5 Section 21. ............................... Workers' Compensation ......................... 6 Section 22. Labor and Material Bond ....................... 6 Section 23. Performance Bond .............................. 6 Article 4. PERFORMANCE ......................................... 6 Section 24. Time for Completion ........................... 6 Section 25. Force Majeure................................. 7 Section 26. Public Convenience ............................ 7 Section 27. Excavations 8 Section 28. ................................... Extra Work.. ................................ 8 Section 29. Clean -Up ...................................... 9 Section 30. Materials ..................................... .9 1. TABLE OF CONTENTS Page Section 31. Permits and Licenses .......................... 9 Section 32. Land and Rights of Way ........................ 10 Section 33. Plans and Drawings ............................ 10 Section 34. Shop Drawings Submitted by the Contractor ..... 10 Section 35. Supervision by the Contractor ................. 12 Section 36. Inspection of Work ............................ 12 Section 37.' Removal of Defective and/or Unauthorized Work.......... .............................. 12 Section 38. Errors or Discrepancies Noted by Contractor ... 12 Section 39. Equipment ..................................... 13 Section 40. Storage of Materials .......................... 13 Article 5. MISCELLANEOUS ................................... ..13 Section 41. Damages for Delay ............................. 13 Section 42. Guarantees .................................... 14 Section 43. Risk of Loss Prior to Final Acceptance........ 14 Section 44. Termination ................................... 14 Section 45. Standard Specifications .......................16 BOND FORMS AND INSURANCE REQUIREMENTS ...........................18 WORKERS' COMPENSATION CERTIFICATE ............................... 19 EXHIBITS Exhibit A Schedule of Fees Exhibit B Insurance Schedule Exhibit C Labor and Material Bond Exhibit D Performance Bond Exhibit E Special Provisions Exhibit 1 List of Signalized Intersections ii. TRAFFIC SIGNAL MAINTENANCE CONTRACT 2005 THIS CONTRACT (this "Contract") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, and to be performed in Vernon, California as of this Z5j± day of January, 2005, in the City of Vernon, County of Los Angeles, State of California BY AND BETWEEN CITY OF VERNON, a municipal corporation (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 AND REPUBLIC ELECTRIC (hereinafter referred to as "Contractor") 7120 Redwood Blvd. Novato, CA 94945-4114 IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES DO HEREBY AGREE as follows: Article 1. GENERAL Section 1. Scope of Work Contractor will furnish all labor, equipment and materials and will perform all work described in the Contract Documents attached hereto and hereby incorporated by reference. Section 2. Consideration City shall pay Contractor for the performance of the work hereunder in accordance with the amounts set forth in Exhibit A attached hereto and incorporated by reference. Section 3. Payments (a) Monthly Progress Payments On or about the last day of each month, Contractor shall submit to City an invoice for its monthly progress payment. The invoice shall contain an estimate of the amount and value of all the work performed by Contractor since the date of its last progress payment invoice. The City's Representative shall perform a quantity validation prior to approving the monthly progress payment. City shall pay Contractor, within 30 calendar days of receipt of approved Contractor's monthly progress payment invoice, 100% of the said estimate reduced by: (1) amounts due to City for equipment, services or materials furnished by City; (2) amounts of any claims or liens, and (3) amounts required to be deducted by Federal, State or local governmental authorities. No monthly payment shall be construed as acceptance of the work, or any portion thereof, nor shall such payment preclude City from demanding and recovering from Contractor such damages as may be sustained by reason of Contractor's failure to fully perform this contract. Section 4. Contract Documents The complete contract includes all of the contract documents set forth herein, to wit: this Contract, all exhibits, the Performance Bond, Labor and Material Bond, Certificate of Insurance, Plans and Specifications, Special Provisions and Workmen's Compensation Certificate all attached hereto. Section 5. Compliance with Provisions of Law (a) Contractor shall comply with all applicable provisions of law whether Federal, State, or local relating to its performance under this Contract. Section 6. Attorneys' Fees The Court shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party in any action or proceeding brought to enforce the provisions of this Agreement. Section 7. Notices Any Notice required or permitted under this contract shall be given by personal delivery or by first class mail, postage prepaid, 2. To: Contractor Republic Electric Attn. James E. Reed 7120 Redwood Blvd. Novato, CA 94945-4114 To: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Section 8. Conflict with Plans and Specifications Any conflict between the plans and specifications and this contract shall be brought to the attention of the City's Representative for resolution. Section 9. Assianment Contractor shall not assign this contract or payments due hereunder. Section 10. Paragraph Headings The paragraph headings in this contract are for the convenience of the parties and shall not affect the interpretation of this Agreement. Section 11. Authority of City's Representative City's representative shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work, all questions as to the interpretation of the plans and specifications and all questions as to the acceptable fulfillment of the contract on the part of the contractor. Article 2. WAGES, HOURS and WORKING CONDITIONS Section 12. General Prevailing Wages Contractor agrees that it, or any subcontractor working under it, will not pay less than the prevailing rates of wages to all workers employed in the execution of this Contract. The Contractor will post one copy of the established prevailing rates of wages at the job site. For each calendar day or portion thereof, and for each workman paid less than the stipulated prevailing rates for such work or craft in which the workman is employed or any work done hereunder by him, or by subcontractor under him, the Contractor shall forfeit as a penalty to the City the sum of $50.00. 3. Section 13. Hours of Work (a) Eight hours labor constitutes a legal day's work pursuant to this contract. The time of service of any worker employed upon the project is limited and restricted to eight hours during any one calendar day and forty hours during any one calendar week unless said employee is compensated at a rate of one -and -one-half times the basic rate of pay for all times in excess of the foregoing hours. (b) Contractor shall keep until 90 days after completion of this contract and make available an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the project. (c) Contractor shall, as a penalty to the City, forfeit $50.00 for each worker employed on the work by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day or forty hours in any one calendar week in violation of the provisions of this section. Section 14. Apprentices Contractor is responsible for complying with the provisions of Labor Code Section 1777.5 dealing with the employment of apprentices on the job site. Section 15. Subcontractors (a) Contractor shall comply with the provisions of the "Subletting and Subcontracting Fair Practices Act" contained in Public Contract Code Sections 4100 et seQ. (b) Contractor shall submit to City the following information: (i) The name and location of the place of business of each subcontractor who will perform work or labor or render services to the Contractor hereunder, or a subcontractor licensed by the State of California, who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvement according to this Contract. (ii) The portion of the work which will be done by each such subcontractor identified in Section 15(b)(1). (c) The Contractor shall list only one subcontractor for each portion of work as defined by the Contractor in this Contract. Section 16. Discrimination The Contractor shall not refuse to employ or promote any person, and shall not discriminate against any person with respect to compensation received or terms and conditions of employment, and shall not discipline or discharge any person employed by him because of said person's race, religion, creed, color, national origin, ancestry or sex; nor shall the Contractor H refuse to accept otherwise qualified employees as indentured apprentices solely on the grounds of race, religion, creed, color, national origin, ancestry or sex. Section 17. Safety Contractors and all subcontractors shall comply with the provisions of the Safety and Health Regulations for Construction, promulgated by the Secretary of Labor under Section 107 of the "Contract Work Hours and Safety Standards Act," as set forth in Title 29, C.F.R. and by the State of California, Division of Industrial Safety. Section 18. Character of Workers Only competent workers shall be employed to work on the Contract. Any person employed, who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform his work properly and acceptably, shall be immediately removed from the work by the Contractor and not be rehired to perform work on the Contract. Article 3. INSURANCE, INDEMNIFICATION and BONDS Section 19. Insurance Prior to commencing work hereunder, Contractor shall provide City with a Certificate of Insurance naming City as an additional -named insured on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit B and incorporated by reference. Said certificate shall also provide that said policy or policies shall not be amended or cancelled without giving of at least 30 days prior written notice to City. Section 20. Indemnification The Contractor shall indemnify, protect, defend and hold harmless the City of Vernon and its agents, officers, and employees from and against all claims, demands, damages, losses, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorneys' fees and costs arising, directly or indirectly, in whole or in part, out of or resulting from the performance of the work under this Contract, provided that any such claim, damages loss or expense (a) is attributable to bodily injury, sickness, disease or death of any person, including but not limited to persons employed by contractor or any subcontractor, or to injury to or destruction of tangible property (other than the work itself) including the loss or use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whom acts of them may be liable. 5. Section 21. Workers' Compensation Contractor shall be required to secure payment of compensation to his employees pursuant to Labor Code Section 3700, and shall be required to obtain employers' liability insurance as set forth in the Insurance Schedule. Prior to performing the work hereunder, Contractor shall submit to the City the Workers' Compensation Certificate or an executed certificate of workers' compensation insurance as provided herein. Such insurance shall include a waiver of subrogation endorsement naming the City, and its consultants, and each of its directors, officers, agents, and employees. Section 22. Labor and Material Pavment Bond Contractor shall execute and deliver to the City for its approval and acceptance a Labor and Material Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to pay its subcontractors for labor and material used in this project. Said bond shall be in substantially the same form as that attached hereto as Exhibit C and incorporated by reference. The surety will be one that the City finds acceptable. Section 23. Performance Bond Contractor shall execute and deliver to City for its approval and acceptance a Performance Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to City in the event Contractor fails to fully perform his obligations hereunder. Said bond shall be in substantially the form of the Performance Bond attached hereto as Exhibit D and incorporated by reference. Article 4. PERFORMANCE Section 24. Time for Completion (a) The term of this Agreement shall commence no later than thirty (30) days after the City`s issuance of a purchase order (the "Commencement Date") to begin performance under this Agreement and shall continue for a period of twelve (12) months from the Commencement Date, unless the Contract is extended upon the written agreement of both parties to this Contract. (b) In the event the Contract is extended, Contractor shall be entitled to a percentage adjustment in fees. The adjustment will be increased or decreased in accordance with the United States Department of Labor's Consumer Price Index for the Los Angeles -Long Beach Metropolitan Area, as published on October 1 of each year. The fee will be adjusted 75% of the Consumer Price Index. Section 25. Force Majeure Neither Party shall be considered to be in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, sabotage, or embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 26. Public Convenience (a) Contractor's operation shall cause no unnecessary public inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work or an approved detour shall be provided. Safe, adequate, continuous and unobstructed pedestrian and vehicular access shall be maintained to fine hydrants, water valves, residences, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, and hospitals, unless other arrangements are made satisfactory to the owners thereof. (b) Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. (c) Grading operations, roadway excavation and embankment construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed the roadbed surface shall be brought to a smooth even condition satisfactory for traffic. (d) The Contractor shall comply with all applicable State, County and City requirements for closure of streets. He shall provide barriers, guards, lights, signs, temporary bridges, flagmen and watchmen advising the public of detours and construction hazards. He shall also be responsible for compliance with additional public safety requirements which may arise during construction. He shall furnish and install and upon completion of the work, promptly remove all signs and warning devices. (e) At least 48 hours in advance of closing or partial closing or of reopening any street, alley, or other public thoroughfare Contractor shall notify the police, fire, traffic and engineering departments of jurisdictional agencies involved and comply with their requirements. 7. Section 27. Excavations (a) Excavation Safety Contractor shall submit to City, for its approval, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of trenches five feet or more in depth. Said plan shall be at least as effective as that required by the Construction Safety Orders of the California Division of Industrial Safety. If said plan varies from the shoring systems standards established by said Safety Orders, the plan shall be prepared by a registered civil or structural engineer. (b) Separate Item In the event Contractor is required to submit a detailed plan in accordance with subsection (a) of this Section, Contractor shall also submit the cost of adequate sheeting, shoring and bracing or equivalent method. (c) Closure At the close of each working day, Contractor shall completely backfill all open excavation and cover the same with temporary asphalt mix in accordance with normal practice in the industry and the rules, regulations, laws and ordinances of the State of California, the County of Los Angeles and the City of Vernon. Section 28. Extra Work The City may require changes in, additions to, or deductions from the work to be performed or to the materials to be furnished pursuant to the provisions of the agreement or any other contract document. No extra work shall be performed or change made without a written order from the City stating that the extra work or change is authorized by the City, identify the work that is to be done and method to be used to accomplish the work, and set forth the basis upon which payment is to be made provided, however, that nothing in this article shall excuse the Contractor from proceeding with the prosecution of the work so changed. The Contractor shall, when required by the City, furnish an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Adjustment, if any, in the amounts to be paid to the Contractor by reason of any such change, addition or deduction shall be determined by one or more of the following methods: By an acceptable lump sum proposal from the Contractor. By unit prices contained in the contract documents or fixed by subsequent agreement between the City and the Contractor. By ordering the Contractor to proceed with the work and to furnish daily reports of extra work. The reports shall itemize all costs for labor, materials, and equipment rental. The reports for workmen shall include hours worked, rates of pay, names and classifications; and for equipment shall include size, type, identification number and hours of operation. All records and reports shall be made immediately available to the City's Representative upon his request. Section 29. Clean - Upon completion of the work, Contractor shall remove all debris and surplus materials from the work site. Section 30. Materials (a) New Materials and Egui ment Unless otherwise specified, shown, or permitted by the City, all materials and equipment incorporated in the work shall be new and of current manufacture. The City may request the Contractor to furnish manufacturer's certificates to this effect. No material shall be installed until approved by the City's Representative. (b) Inspection, Materials or Work All materials furnished and all work performed hereunder shall be subject to inspection and testing by City's authorized agents at City's expense. In the event such inspection and testing reveals non-compliance with the requirements of this Contract, the Contractor shall bear the cost of necessary corrective measures as well as the cost of subsequent inspection and testing. (c) Defective Equipment Materials or Work The inspection of the work shall not relieve the Contractor of any of his obligations under the contract. Even though equipment, materials, or work required to be provided under the contract have been inspected, accepted, and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found to be defective or otherwise not to comply with the requirements of the contract up to the end of the maintenance and guarantee period as provided in Sec. 43. Section 31. Permits and Licenses (a) Contractor shall apply for and procure all permits and licenses. necessary for the work. (b) Contractor shall give all notices necessary and incidental to the due and lawful prosecution of the work and shall comply duly with the terms and conditions of all permits and licenses. (c) Contractor shall pay all charges and fees in connection with all permits and licenses. a Section 32. Land and Rights of Way (a) City shall provide all land and rights of way upon which the work is to be constructed. (b) Except as provided in Section 26 relating to utility relocation, when the work described herein is to be performed in the vicinity of existing improvements, all such improvements shall not be disturbed or damaged except for such removal or relocation of improvements in the land and rights of way provided by the City as is unavoidable in order to accommodate required work hereunder. Section 33. Plans and Working Drawings Submitted by City (a) The City will furnish to the Contractor, free of charge, all copies of drawings, and specifications reasonably necessary for the execution of the work. The Contractor shall keep one set of drawings and specifications in good order available to the City's representative and to his representatives at the site of the work. (b) The plans for the work show conditions as they are supposed or believed by the City's Representative to exist; but it is not intended or to be inferred that the conditions as shown thereon constitute a representation by the City or its officers that such conditions are actually existent. The City, any of its officers, and the City's Representative shall not be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual conditions revealed during the progress of the work, or otherwise. Section 34. Shop Drawings Submitted by Contractor (a) Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any subcontractor, manufacturer, suppliers or distributor, and which illustrate some portion of the work. (b) The Contractor shall review, stamp with his approval, and submit for review by the City's representative shop drawings for all material and equipment to be incorporated into the work. Drawings shall be submitted in quadruplicate to the City's representative and be accompanied by a letter of transmittal listing the drawings submitted. Drawings shall show the name of the project, the name of the Contractor, and, if any, the names of suppliers, manufacturers, and subcontractors. Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the work. (c) Shop drawings shall be complete in all respects. If the shop drawings show any deviations from the requirements of the plans and specifications because of standard shop practices or other reasons, the deviations and the reasons therefor shall be set forth in the letter of transmittal. 10. (d) By approving and submitting shop drawings, the Contractor represents that material, equipment and other work shown thereon conforms to the plans and specifications except for the deviations set forth in the letter of transmittal. (e) Within ten calendar days after receipt of said drawings, the City's representative will return two prints of the drawings to the Contractor with his comments noted thereon. If so noted by the City's representative, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor shall direct specific attention in the letter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the City's representatives on previous submittals. (f) The review of the City's representative is only of general conformance with the design concept of the project and general compliance with the plans and specifications and shall not be construed as relieving the Contractor of the full responsibility for: providing materials, equipment, and work required by the Contract; the proper fitting and construction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of construction; and performing the work in a safe manner. (g) No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City's representative and returned to the Contractor with a notation indicating that resubmittal is not required. (h) Within three (3) business days after any termination of this Contract, Contractor shall deliver to the City all Work Product and all Documentation (including, without limitation, warranties provided by the manufacturers, and operating manuals, specifications, and other documentation necessary and appropriate for the installation, operation, and maintenance, and repair of the equipment; collectively, the "Documentation") pertaining to this Contract and any and all copies thereof, whether in the possession of Contractor or a party engaged by Contractor; provided, however, that solely for its internal auditing purposes, Contractor may, at its sole expense, make and retain copies of Work Product materials. Contractor shall also furnish all such information, take all such other action and shall cooperate with the City as the City shall reasonably require in order to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (i) All finished or unfinished documents, plans, designs, drawings, data, databases, studies, surveys, maps, models, photographs, reports and other materials, in whatever form or medium, prepared by or for Contractor, its officers, employees, agents and subcontractors in the course of performing the obtaining, delivering and selling to the City the equipment sold under this Contract (collectively, the "Work Product"), but excluding working notes and internal documents, shall be the property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Work Product materials shall be delivered to City by Contractor as they are generated. Section 35. Supervision by the Contractor Before starting the work, the Contractor shall designate, in writing, a representative who shall have complete authority to act for him. An alternate representative may be designated. The representative or alternate shall be present at the worksite whenever work is in progress. Any order of communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or his designated representative, necessary or desirable directions or instructions may be given by the City's representative to the superintendent or foreman having charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or his representative. Section 36. Inspection of Work (a) The City's representative shall at all times have access to the work areas during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work. (b) The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City's representative and accepted. Section 37. Removal of Defective and/or Unauthorized Work (a) All work which has been rejected shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed him for such removal or replacement. Any work done beyond the liens and grades shown on the plans or established by the City's representative, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. (b) Upon failure on the part of the Contractor to comply promptly with any order of the City's representative made under the provisions of this article, the City's representative shall have authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs from any monies due or to become due the Contractor. Section 38. Errors or Discrepancies Noted by Contractor (a) If the Contractor, either before commencing work or in the course of the work finds any discrepancy between the specifications and the drawings, or between either of them and the physical conditions at the site of the work, or finds any error or omission in any of the drawings or in any survey, he shall promptly notify the City's representative in writing of such discrepancy, error or omission. If the Contractor observes that any drawings or specifications are 12. at variance with any applicable law, ordinance, regulation, order or decree, Contractor shall promptly notify the City's representative in writing of such conflict. (b) The City's representative, on receipt of any such notice, shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly after his discovery of such error, discrepancy or conflict, will be at his own risk and he shall bear all costs arising therefrom. Section 39. Equipment The Contractor must furnish adequate equipment and facilities to perform properly the work in a workmanlike manner in accordance with these specifications. Such equipment and facilities must be in a good state of repair and maintained in such state during the progress of the work and shall meet all requirements of applicable ordinances and laws. No worn or obsolete equipment shall be used, and in no case shall the maker's rating of capacity for any equipment be exceeded. Section 40. Storage.of Materials All materials for use in the work shall be stored by the Contractor in such a manner as to prevent damage from exposure to the elements, admixture of foreign materials or from any other cause. The Contractor shall be entirely responsible for damage to or loss of materials by weather or other causes. Article 5. MISCELLANEOUS Section 41. Damages for Delay (a) The Contractor acknowledges that City desires the project to be completed on or before the date specified in Section 24. Contractor also acknowledges that if the work is not completed on or before said date that the City will incur substantial damages which cannot be ascertained at this time. Accordingly, Contractor shall pay to City any and all damages caused by Contractor's delay in competing the work as herein provided. (b) If the work is not completed in accordance with the foregoing, it is mutually agreed that the City will suffer damage, and it being mutually agreed that it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City, as fixed and liquidated damages and not as a penalty, the sum of $100.00, each and every calendar day of delay, and the Contractor and his Surety shall be liable for the amount thereof provided that the Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (including but not restricted to acts of God, or of the public enemy, acts of the Government, acts of the City, or acts of another Contractor in the performance of a Contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors due to such causes). 13. (c) The Contractor shall within ten (10) days from the beginning of any such delay (unless the City shall grant a further period of time prior to the date of final settlement of the Contract) notify the City in writing of the cause of delay, whereupon the City shall ascertain the facts and extent of the delay and extend the time for completing the work if in its judgment the findings of fact justify such an extension, and its findings of fact thereon shall be final and conclusive on the parties hereto. (d) The City shall have the right to extend the time for completion if it determines such extension to be in the best interest of the City; however, if the City extends the time limit for the completion of the work, byway of a change order, at the request of the Contractor, for other than acts of God and situations beyond the control of both parties, it is understood and agreed that such time extension will increase the City's financial obligations incurred for engineering, inspection, supervision, incidental and overhead expenses that are directly chargeable to the contract and that accrue during the period of extension. Therefore the Contractor does hereby acknowledge that reasonable charges for the hereinabove City expense shall be reimbursed to the City by the Contractor. Section 42. Guarantees Contractor does hereby guarantee all work for the period of one year after the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship within one year from the date of acceptance, without expense whatsoever to the City, ordinary wear and tear, usual abuse or neglect excepted. In the event of failure to comply with the above -mentioned conditions within a week after being notified in writing, the City is hereby authorized to proceed and have the defects repaired and made good at the expense of the Contractor, who hereby agrees to pay the cost and charges therefor immediately on demand. Section 43. Risk of Loss Prior to Final Acceptance Except as set forth hereinabove relating to acts of God, all risk of loss resulting from total or partial destruction of the work, or any part thereof, or any damage thereto, prior to final acceptance of the work by City, shall be borne by Contractor regardless of the cause of such total or partial damage or destruction. Contractor shall repair or replace such damages or destroyed work at his sole cost, to its prior undamaged condition before being entitled to additional progress payments or final payment. Such total or partial destruction or damage shall not excuse Contractor from completion of the work in accordance with the provisions of this contract. Section 44. Termination (a) Termination of Right to Proceed Should the Contractor fail to meet any or all of the requirements of the Contract, or should he be placed in or enter into bankruptcy, or should a receiver be appointed for his properties, or should he make an assignment for the benefit of creditors, the City may declare the Contractor in default of Contract. In such event, the City, will, in writing, so notify the 14. Contractor. Upon receipt of any such notice of default, the Contractor shall at his expense, preserve at the project site all construction materials, equipment and plant, and undertake immediate steps to remedy such default. Should the Contractor fail to remedy such default within 5 calendar days after receipt by him of such written notice of default, the City may, in writing, and without notice to the Contractor's sureties, terminate the Contract right to proceed with that work as to which default has occurred. Upon receipt of any such written notice of termination of right to proceed, the Contractor shall at his expense, for that work affected by any such termination: (1) assist the City in making an inventory of all materials and equipment in storage at the site, en route to the site, in storage or manufacture away from the site, and on order from suppliers; (2) assign to the City, subcontracts, supply contracts and equipment rental agreements all as designated by the City, and (3) remove from the site, all construction materials, equipment and plant listed in said inventory other than such construction materials, equipment and plant which are designated in writing by the City to be used by the City in completing such work. The City shall have the right to complete the work to which the termination of the right to proceed applies by contract or otherwise, and the Contractor agrees that the City shall have the right to take possession, and to use any or all of the materials, plant, tools, equipment, supplies and property of any and every kind furnished by the Contractor which is designated by the City in writing for such purpose. The expense of completing such work, together with a reasonable charge for administering any contract for such completion, shall be charged to the Contractor, and such expense shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense exceeds the sum which would have otherwise been payable under the Contract, then the Contractor and his sureties shall be liable for and shall, upon written notice from the City, promptly pay to the City, the amount of such excess. The City shall not be required to obtain the lowest figures for completing such work, but may make such expenditures as in the City's sole judgment will best accomplish such completion. (b) Optional Termination of Contract by City (Contractor Not at Fault) City may terminate the contract upon 10 days written notice to the Contractor, if it is found that reasons beyond the control of either the City or Contractor make it impossible or against the City's interests to complete the work. In such a case, the Contractor shall have no claims against the City except (1) for the value of work performed up to the date the contract terminated, and (2) for the cost of materials and equipment on hand, in transit, or on definite commitment, as of the date the contract is terminated, such would be needed in the work and 15. which meet the requirements of the specifications. The value of work performed and the cost of materials and shipment delivered to the site, as mentioned above, shall be determined by the City's Representative in accordance with the procedure prescribed for making of a final estimate and payment as described in 3. (c) Optional Termination of Contract by City (Contractor at Fault) The City may terminate the Contract upon 10 days written notice to the Contractor in the event of any default by the Contractor. It shall be considered a default by the Contractor whenever he shall (1) declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors; (2) disregard or violate material provisions of the contract documents or City's Representative's instructions, or fail to prosecute the work according to the approved progress schedule; (3) fail to provide a qualified superintendent, competent workmen, or subcontractors, or materials or equipment meeting the requirements of the Specifications and Drawings. In the event the contract is terminated in accordance with Subsection 45(c), the City may take possession of the work and of all materials, tools, equipment, and property of the Contractor, which have been provided in connection with the work, and may complete the work by whatever method or means it may select. The cost of completing the work shall be deducted from the balance which would have been due the Contractor had the contract not been terminated and the work completed in accordance with the Drawings and Specifications. If such cost exceeds the balance which would have been due, the Contractor shall pay the excess amount to the City. If such cost is less than the balance which would have been due, the Contractor shall have no claim to the difference except to such extent as may be necessary in the opinion of the City's Representative, to reimburse the Contractor or the Contractor's sureties for any expense properly incurred for materials, tools, equipment, property, and labor, devoted to the prosecution of the work, of which the City shall have received the benefit. In computing such expense, as it relates to equipment and property, the salvage value at completion of the work shall be deducted from the depreciated value at the time the contract was terminated, and the difference shall be considered as an expense. Section 45. Standard Specifications The "Standard Specifications for Public Works Construction" (current year edition), published by Buildings News, Inc. is hereby incorporated by this reference and made a part hereof as though fully set forth at length, provided, however, in the event that said standard specifications are inconsistent with the terms of this contract, including the special provisions attached hereto as Exhibit E and incorporated by reference, then this contract and the special provisions shall be deemed controlling. 16. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first above written. CITY: ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: ERIC T. SC , City Attorney CONTRACTOR: CITY OF VERNON By: ONIS C. MALB G, tMayirr� REPUBLIC ELECTRIC B Print Name: SP" 6b Q . USA h► t Title: ��i'ys�i uueR.�► �.y By: Print Name: T EFFk Y Asc. r/ Title:CH►EF rt"AyciAt- tcr-r¢. The signatures required of a corporation are as follows: First Signature - the chairman of the board, the president or any vice president; and Second Signature - the corporate secretary, any assistant secretary, the chief financial officer or any assistant treasurer. 17. BOND FORMS AND INSURANCE REQUIREMENTS Contractor shall provide the City with a Workers' Compensation Certificate in a form substantially similar to that shown herein. Both the Performance Bond and the Labor and Material Bond shall be provided on the forms enclosed herewith. Insurance coverage shall be provided in the types and amounts shown on the Insurance Schedule. A copy of the policy or a notarized letter from the insurance underwriter or carrier verifying the coverage must be provided to the City in order to demonstrate proof of insurance. WORKERS' COMPENSATION CERTIFICATE The undersigned acknowledges that Section 3700 of the California Labor Code requires every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that Labor Code. The undersigned agrees to comply with such provisions before commencing the performance of this Contract. CONTRACTOR NamePcc DatedQS— Title By Title ,^C_ Offlcc-A NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is a corporation,' two signatures are required, as follows: (1) the chairman of the board, the president, or any vice-president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the Contractor is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the Contractor is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. Workers' Compensation Certificate - 1 19. City of Vernon Traffic Signal Maintenance Republic Electric- December 2004 1. Routine Maintenance Per Intersection Per Month 1 $65.13 2. Schedule of Labor Rates Description IRegular I 10vertime En ineerin Technician $70.00 $98.00 Signal Technician $68.76 $95.00 Utility Technician $68.76 $95.00 Si nalmanj $68.76 $95:00 Lab Technician $30.00 $45.00 Laborer $65.001 1 $89.00 3. Schedule of Equipment Rates Description Per Hour Service Truck $18.00 Hydraulic Man Lift Bucket under 32' $28.00 Hydraulic Man Lift Bucket over 32' $38.00 Compressor w/ tools I i i $15.00 Concrete Saw / Water Truck $40.00 4. Markup on Materials 15% Any equipment used but not on this list will be charges at the local Pervailling rental rates Any equipment rented will be at the rental rate plus markup All time and materials work is portal to portal RFPUBE E t..uerlr�: I yvo 1 -- - ---- AiCORD. CERTIFICATE OF LIABILITY INSURANCE 10129/�°"Y"Y' PRODUCER USI Northern California 1670 Corporate Circle, #201 P.O. Box 4409 Petaluma, CA 94955-4409 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Republic Electric 7120 Redwood Blvd Novato, CA 94945-4114 INsuRERA. Travelers 19445 INSURERB: National Union Fire Ins Co-Pittsbu 19410 INSURERC: Commerce and Industry Insurance Comp INSURERD: INSURER E: GUV tKAl9tJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSINWOM TYPE OF INSURANCE POLICY NUMBER `POLICY EFFECTIVE DATE M POLICY EXPIRATION DATE MID W21/05 LIMITS EACH OCCURRENCE $1 000 000 A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR DTEC073TX1065TIL04 04/21/04 DAMAGETO RENTED MED EXP (Any one person) $300 000 $10,000 PERSONAL 6 AM INJURY $1 OOO 000 GENERAL AGGREGATE s2,000000 PRODUCTS - COMP/OP AGG s2,000,000 GEML AGGREGATE LIAR APPLIES PER: POLICY X JET LOC A AUTOMOBILE LJABILIlY DT810737X106STIL04 04/21/04 04/21/05 COMBED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Perperson) $ SCHEDULED AUTOS X HIRED AUTOS X NON-0WNEDAUTOS BODILY INJURY (Peraccident) s PROPERTY DAMAGE (Per accident) s GARAGE LLABIL17Y ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN AN EA ACC AUTO ONLY: AGG $ $ B EXCESSIUMBRELLA LIABILITY :Xj OCCUR CLAIMS MADE - BE1647897 04/21/04 04/21/05 EACH OCCURRENCE $2 000 000 AGGREGATE $2 000 0O0 S S C DEDUCTIBLE HXRETENTION $ 10000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC3284158 10/01/04 10/01/05 WC srATu- oTH- X $ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? d yes, desc ibe under SPECIAL PROVISIONS bellow E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY E►ADORSEME14T / SPECIAL PROVISIONS Cancellation: Except for ten day notice for non. -payment of premium. RE: All Operations of the Named Insured. City of Vernon, its officers and employees are named as Additional insured per the atatched GL endorsement. City of Vernon 4305 Santa Fe Avenue Los Angeles, CA 90058 ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF. TM ISStHNG INSURER WILLROB MAN. — 30 DAYS WRITTEN :E TO THE CER11FICATE HOLDER NAMED TO THE LEFT, JL (2001/08) 1 of 2 #S651741M65173 R9S a ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the cerrficate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #565174IM65173 COMMERCIAL GENERAL LIABILITY Policy Number: DTECO737X1065TIL04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Vernon, its officers and employees PROJECT/LOCATION OF COVERED OPERATIONS: - A11 jobs with the exception of design, development, site preparation, construction, remodeling, marketing or sales of single or multifamily housing or residential condominiums or residential apartments 1. WHO IS AN INSURED - (Section 111) is amended to include the person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by your work" for that additional insured at the location shown in the Schedule. 2. The insurance provided to the additional insured is limited as follows: a) In the event that'the limits of liability stated in the policy exceed the limits of liability required by a written. contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section III - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. CG D2 47 10 02 Copyright, The Travelers Indemnity Company Page 1 of 2 COMMERCIAL GENERAL LIABILITY C) . This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. 'Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically . requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will shake with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. Agree to make: available any other insurance that the additional insured has for a loss we cover under this endorsement. CG D2 4710 02 Copyright, The Travelers Indemnity Company Page 2 of 2 11"dYelem One Tower Square, Hartford, Connecticut 06183 COMMERCIAL GENERAL LIABILITY CONTRACTORS POLICY NO.: DTE-CO-737X1065-TIL-04 COVERAGE PART DECLARATIONS ISSUE DATE: 05-11-04 INSURING COMPANY: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA DECLARATIONS PERIOD: From 04-21-04 to 04-21-05 12:01 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial. General Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANCE General Aggregate Limit $ 2,000,000 (Other than Products -Completed Operations) Products -Completed Operations Aggregate Limit $ 2,000,000 Personal & Advertising Injury Limit $ 1 , 000 , 000 Each Occurrence Limit $ 1,000,000 Damage To Premises Rented To You Limit (any one premises) $ 300, 000 Medical- Expense Limit (any one person) $ 10,000 2. AUDIT. PERIOD: ANNUAL K- 3. FORM OF BUSINESS: CORPORATION 4. NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. d= d� o o ,- COMMERCIAL GENERAL LIABILITY COVERAGE IS -SUBJECT TO A GENERAL AGGREGATE LIMIT CG TO 01 1103 PRODUCER: USI INS SERV OF NO CA 009502 Page 1 of 1 HJ807 OFFICE:. WALNUT CREEK 418 AMERICAN INTERNATIONAL COMPANIES 0 Umbrella Primes"' Commercial Umbrella Liability Policy With CrisisResponse DECLARATIONS The company issuing this policy is indicated by an "X" in the box to the left of the company's name. ❑ AIU Instance Companyr ❑ Granite State Insurance Company ❑ American Home _Assurarce Company ❑ Illinois National Insurance. Compar y ❑ American International Pacific Insurance Company ❑ National Union Fire Insurance Company.af Louisiana ❑ American International South insurance Company ® National Union Fire Insurance Company of Pittsburgh, Pa. ❑ Birmingham Fire Insurance Company of Penns*a6a ❑ New Hampshire Insurance Company. ❑ Commerce Industry Insurance Company ❑ The insurance Company of the State of Pennsylvania (each of the above being a capital stock company) Executive Offices: 70 Pine Street, New York NY 10270 Telephone No. 212-770-7000 POLICY NUMBER: BE 1647897 RENEWAL OF: NEWS ITEM 1. NAMED INSURED: REPUBLIC ELECTRIC MAY 2 4 2004 MAILING ADDRESS: 7120 REDWOOD BLVD. NOVATO, CA 94945-4114 U14`:Ci #s :fit ITEM 2. POLICY PERIOD: FROM: April 21, 2004 TO: April 21, 2005 (At 12:01 A.M., standard time, at the address of the Named Insured stated above.) ITEM 3. LIMITS OF INSURANCE The Limits of Insurance, subject to the terms of this policy, are: A. $6,000,000 Each Occurrence B. $8,000,000 General Aggregate (in accordance with Section IV. Limits of Insurance) C. $8,000,000 Products -Completed Operations Aggregate (n accordance with Section IV. Limits of Insurance) D. $250,000 CrlsisResponse Sublimit of Insurance E. $50,000 Excess Casualty CrisisFund Limit of Insurance ITEM 4. SCHEDULED UNDERLYING INSURANCE - See Schedule of Underlying insurance ITEM 5. SELF -INSURED RETENTION - $10,000 Each Occurrence ITEM 6. PREMIUM AND PREMIUM COMPUTATION ESTIMATED TOTAL ANNUAL EXPOSURE $20,0001000 RATES PER FLAT MINIMUM PREMIUM $60,857.0 ADVANCE PREMIUM $60,857.00 ITEM 7. THIS POLICY INCLUDES THESE ENDORSEMENTS AT INCEPTION DATE SEE ATTACHED SCHEDULE PRODUCER NAME: USI INS SVCS OF NO CA INC ADDRESS: P.O. BOX 4409 1670 CORPORATE CIRCLE, SUITE 201 PETALUMA, CA 94955-4409 Authorized Representative or Date Countersignature (Where Applicable) 80518 (09103) Issue Date' 05r4104 AH0876 _ INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coveraize and Limits Hazards Automobile Liability Bodily Injury Propegy Damage Each Person Each Accident Each Accident Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 _Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer II. Liability General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability It 000 000 $2 000 000 $1 000 000 Umbrella Liability $2 000 000 $2 - - - -00 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by City. b. In addition to the above, the Contractor shall provide such further proof of insurance documentation as the City deems necessary. Insurance Schedule - 1 (BOND ISSUED IN DUPLICATE) BOND NO. 57BCSDA3550 PREMIUM: (INCLUDED) LABOR AND IMLTE IAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the CITY OF VERNON, a municipal corporation, by action on the 1ST day of JANUARY 2005, has awarded to Republic Electric, hereinafter designated as the "Principal," Contract For Traffic Signal Maintenance in Los Angeles County, California; and WHEREAS said Principal is required to furnish a bond in connection with said. Contract providing that if said Principal or any of his subcontractors shall fail to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, we, the Principal and HARTFORD FIRE INSURANCE COMPANY - , as Surety, are held and firmly bound unto the CITY OF VERNON in the penal sum of TWENTY-SEVEN THOUSAND NINE HUNDRED AND NO/100THS---------------- DOLLARS ($ 27,900.00 ), lawful money of the United States of America, for the payment of- which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. TRAFFIC SIGNAL MAINTENANCE CONTRACT - 2005 THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for work or labor thereon of any kind, or fail to pay .any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code with respect to such work and labor, and all other applicable laws of the State of California and . rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court, pursuant to Section 3181 of the California Civil Code. * THIS BOND COVERS WORK PERFORMED DURING THE CONTRACT TERM JANUARY 1, 2005 AND SHALL TERMINATE DECEM13ER 31, 2005 ONLY, AND DOES NOT INCLUDE ANY WORK PERFORMED DURING SUBSEQUENT RENEWALS OR EXTENSIONS Labor and Material Bond - 1 OF THE CONTRACT. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work or to the specifications. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on the 13TH. day of JANUARY 2005... Name REPUBLIC ELECTRIC (Principal) (Attach Acknowledgment) ByA'.- e•�.� VIA eqk%; ; ,r.e Name BAgMgp FFTM INSURANCE COMPA_NS' (Surety) By 1� (Attorney-i '-fact) JEr,T,y HOLTEMANN APPROVED AS TO FORM: -9-7- -;w - Eric T. Fresch, City ttorney Labor and. Material Bond - 2 State of California SS. Coi3nty of r5CN0)�1� On 1 /13/05 , before me, J: DE LUCA, NOTARY PUBLIC Dials Name mid Title of O t=cer (a g.. June i=oo, Norary Pabt1) . personally appeared SY. AOLTEMAIN • Nsme(s) ffiSigner(e} - ® personally known to me ❑ proved. to me on the basis of satfis actbry. evidence J. DE LUCA U V COMM. #1521691 • K NOTARY PUBLIC-CALIFORNIA n SONOMA COUNTY -j My Comm. Expires Oct•. 24, 2008 r Plans Notary Seal Above to be the -pprson(r) whose name) is/.;am subscribed to then within instrument and -subscribed to me that he executed the same in. her authorised capacity and -that by Sher/i FE9z signature(l)-on the. instrument the person(,m), or the entity upon behalf of which the perso acted" executed the insfrument. WITNESS rn b� d Ad official seal Signature of Notary Public • VPM1V'AI Though the information below is not required by law, if may prove valuable to persons relying on the' documsnt and could prevent fraudulent removal and reafiachment of this Corm to another clo=ment Description 6f.Ached Documont LABOR AND MATEEiIAL BOND Titia or Type of Document Dacurnerrt-Date: _.- _ JANUARY 13, 2005 Number of Pages: TWO Signers) Mar Than Named Above: N/A Capsaaity(ies)-'f :laimed by Sigrier Signer's Namb: Y�f+'T, `TY B.OL2TM�ANN ❑ individual - lop of thumb, here. ❑ Corporate D. icer ❑' Partner-0 limited '❑ Gene_raf 12 Attorney in pact ❑ Trustee ' ❑ Guardian or Conservator ❑ Other. ` Signer is Representing: HARTFORD FIRE INSURANCE CODTMY @1999NatbolNamyyAwmiatica-335DDoS=Ave..RD,B=24M,Chal=tl—,mvin5-=2-vawjxzt=rahwmryorg Pml, Na. a9907 Rwrder.Car, roll-Ftee'1-BDO-M-61M CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT Cam.•.. 5,��•� a�tiC �S .C,aaS C�C,�S�C .v:�'a�.�•� �caC �.C�S .v a._.at R,sa. <.��C :�.0 4„-•�a'�CtiTC,..�C C Z �a�C C✓�::���C s„ State of California I Marin ss. County of On 01/14/05 before me, Jackie Turner, Notary Public Date Name and Title of Officer e. ( g., "Jane Doe, Notary Public") personally appeared James A. Wagner Name(s) of Signer(s) JACKIE TURNER D r COMM, #16=12 dr NOT MART couNTYORMA O My COfrY1t. Ex�tt+rr Not.27,'2008 ❑x personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIO Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Vernon Labor and Material Bond Document Date: Jan. 13, 2005 Signer(s) Other Than Named Above: Capacity(ies) Claimed % Signer(s) Signer's Name: James A. Wagner ❑ Individual EX Corporate Officer — Title(s): V/P Engineering ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Republic Electric Number of Pages: TWO Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT ..OF SIGN. R Obligee's/lnsured's Name CITY OF VERNON Obligee's/Insured's Mailing Address 4305 SANTA FE AVENUE VERNON, CA 90058 Bond/Policy Number 57BCSDA3550 IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorismpremium: $0 Form B-3333-0 Page 1 of 1 © 2002, The Hartford HARTFORD FIRE iNSURANCE .COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD S r'IRE9NSURANCE-COMPANY. a corporation duly organized under -the laws of the State of Connecticut, and hay its Principal office in the City of Hartford, County of Hariiord, State of Connecticut, does hereby make, constitute and appoint Lawrence J. Coyne, Gorari G.-E. Ryn, Bonnie K. Frym - Kelly Holtemann Of Petaluma, C4 its trueand lawful Attomey(s)-in-Fact, with full power. and authority to each of said Attome s in -Fa and acknowledge any and all bonds and undertakings and other to obligatory Y(} ct, in their separate capacity if more than one is named above, to sign, exea persons housing places to public or private trust, guaranteeing the performance of contacts other than ie nature nsuof.ra nc a policies; guaranteeing the perfoOn behalf of the Company. in its rmance of iiness of guaranteeing suranee contracts v surety bonds are accepted by staffs and municlpa6ties, and executing or guaranteeing bonds and undertakings and to bind HARTFORD FiRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory In the nature then required or permitted in all actions or proceedings or by law allow: were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and seated and attested by one other of such Officers, and hereby ratifies and confimu all that said Atiomey(s}in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ('the Company") as amended by the Board of Directors at meeting duly called and held on May 13u,1999. as follows; ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice President, acting with any Secretary or Assistant Secretary shall have power and authority to sign an execute and attach the seal of the Company to bonds and undertakings, recognizance$, contracts of indemnity and other writings -obligatory in the nature thereof, and suc instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION A. The President or any Vice President or any Assistant Vice President acting with any Secretary or Assistant Secretary,. Shall have appoint, for purposes only of executingand attesting bonds and undertakingsand other writings obti atothereof, power and authority b Assistant Secretaries and Attome g ys-in-Fact and at any time to remove any such resident Vice i' esidentg resident AssistantSecretaor Attoone or rrneyarn-Fact and revoke the power an authority given to him: Resolved, that the signatures of such Officers and the seal of the Company maybe affixed to any such power of attorney or to any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed anc certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this 14th. day of May, 1999. Attest:' HARTFORD FIRE fNSURANCE COMPANY SEAL Paul A Bergenhoi� Assistant Secretary Robert L Post, Assistant Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD I � Hartford Ha this th day of May, A.D. 1999, before personally came Robert L Post to me known, who being by me -duty swom, did depose and say: that he resides in the County of Hartford,, State of Connecticut that he is the aA ssistant Vice President of HARTFORD FIRE INSURANCE COMPANY, the corporation described' in and which executed the above instrument: that he knows the seal of the said corporation; that the seat affixed to the said Instrument is such corporate seal; that it was so affoced by order of the Board bf Directors of said corporation and that he signed Ms name thereto by like order. Q pubutc Jean K womiak CERTIFICATE Notary public My Commission Expires Jane 30, 2004 I, the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attachedPOWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force. Signed and sealed at the Clay of Hartford. Dated the 3'1'H daycTA of 20 05 OfiR6 x fl $--^wDRA1E��4o J. Dennis Lane, Assistant Vices President (BOND ISSUED IN DUPLICATE) BOND NO. 57BCSDA3550 PREMIUM: $286.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Vernon, a municipal corporation, by action on the 1STday of JANUARY2005 , has awarded to Republic Electric, hereinafter designated as the "Principal", a Contract for Traffic Signal Maintenance in Los Angeles County, California; and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; HARTFORD FIRE INSURANCE NOW, THEREFORE, we, the Principal and COMPANY , as Surety, are held firmly bound unto the CITY OF VERNON hereinafter called the "Obligee," in the penal •sum of _TWEN'I'X SEVEN THOUSANDS DOLLARS ($ 27 00.00,0} lawful money of the United. States of America, for the payment of which stern well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally and firmly by these presents. **NINE HUNDRED AND N01100THS------------------ THE CONDITION OF THIS OBLIGATION IS SUCH that if the abovebounden Principal, his heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said Contract, and any alteration thereof made as therein provided, on his part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agents, as therein stipulated, this obligation shall become null and void; otherwise it shall be and remain in full force and vinue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does thereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work or to the specifications, and said Surety agrees that in case suit is brought on this bond, Surety will pay City's reasonable Attorneys fees to be fixed by the court. ****THIS BOND COVERS WORK PERFORMED DURING THE CONTRACT TERM JANUARY 1, 2005 AND SHALL TERMINATE DECEMBER 31, 2005 ONLY, AND DOES NOT INCLUDE ANY WORK PERFORMED DURING SUBSEQUENT RENEWALS OR EXTENSIONS OF THE CONTRACT. Performance Bond -- 1 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each ofwhich shall for all purposes be deemed an original hereof, have been duly executed by the Principal and Surety above named, on the132aday of JANuAg , 2005. Name .REPUBLIC ELECTRIC (Principal) (Attach Acknowledgment) A. r +4 -'- - A W ,.4tt HMVMIM WRE Name INSURANCE COMPANY (Surety) APPROVED AS TO FORM: �z . ZA EMT. FRESCIf. City Attorney By r By F=Y HOL_ E Performance Bond - 2 gSy.�'�Y�v�sr4�i�/�h\�:�aS.�\Z i�h�e:G�— i41�•.r4��.�:�9 S"1.�:h] 4��yj� f.fr15'.:.f:.�j.�-'�aL•i�1�.6\f�43.:.:CiuSih3`�. w-�L4?�5.`��.SaL�. • i On _ 1 /13/OS • , before me, J: DE LUCA, NOTARY PUBLIC aaie Nwn and'rifle er ofrtear (erg., Jane Doe, Nomry ?at#fe) personally appeared _---- _1MT17, HOLTRIA N Names) ofSigner(a) M personally known to me O proved, to me on the basis of satisfactory. evidence r to be the •pprson(k) Whose name() � ) is/ _subscribed to the within 4 instrument and - aoknowiedga-6to me that tte exer-uted the same in her4 authorized J. DE LUCA capacity, and -that by der/ r COMM. #1521fi91 signatureW on'the. instrument the person ), or NOTARY-PUBLIC-CALIFORNIA �? t its entity U�70i1 behalf of which the pf✓r5C3r} ' SONOMA COUNTY -• a.ated , executed the insfrument. ' ' My Comm. Expires Opt. 24, 2oo8 W77N !13 !S WiTtESSjm)iand. d official seal. Place Notary Deal Above Signadue of Notary pwft O i d GNAL Though the info nnaHan below is not required by law,, if mey prove valuable to persons relying on the document and could prevent fraudulent removat and naattachmsnt of this farm to another document 1�ascr_iption of .Attached Doctdn'Iont TIf1e or Type of Document: PERFORMANCE BOND Document Date: JANUARY 13, 2005 Number of Pages: TWO Signer(s) Other Than Named Above:'_ N/A GapaBi!ty(ies). Claimed by Signer Signer's Mamb: R=Y H.OL _ 1W - D Individual D Corporate Officer —Tdje(s): D. Partner—Ci 1_imited '❑General 1 Attorney in Pact ❑ 'trustee ❑ Guardian or Conservator D Other - Signer Is Representing: HARTFORD FIRE" INSURANCE COMPANY 01999 Nat ml Notary Aasoaabw- 935D Ca S= Ave.. F;C, b=24M • Chw,.'rb , CA Bt3738A82 • mrn•� n ionalnotary or9 ;'Md. No. t907 Fteerd= Dal; To9•Ffee' -A9 )-Sr.- 827 CALIFORNIA•ACKNOWLEDGMENT State of California County of Marin I ss. On 01/14/05 before me Jackie Turner, Notary Public Date Name and Title of Officer e. ( g., "Jane Doe, Notary Public') personally appeared James A. Wagner Name(s) of Signer(s) rQJAC KIE TURNER D 000WA. #1530312 Q NOTARY PUBUC.CAUFORMA QMARIN COUNTY Q My Comm. Expires Nov. 27.2009 ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPT/O L Though the information below is not required by law, it may rove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Vernon Performance Bond Document Date: Jan. 13, 2005 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James A. Wagner ❑ Individual ® Corporate Officer — Title(s): V/P Engineering ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Republic Electric Number of Pages: TWO Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT op •OF SIGNER SPECIAL PROVISIONS 1. PURPOSE OF TRAFFIC SIGNAL MAINTENANCE CONTRACT The purpose this Contract shall be to provide routine maintenance, extraordinary and emergency repairs on traffic signals maintained by the City of Vernon (City) and those new signals that may from time to time be installed by the City during the life of the Contract. 2. LIST OF SIGNALIZED INTERSECTIONS A list of the signalized intersections as Exhibit 1 are incorporated by reference. 3. SCOPE OF WORK Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services and materials and perform all work necessary to maintain in a good and workmanlike manner traffic signal facilities in accordance with these specifications. 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 City's Director of Community Services & Water and or his inspectors or representatives. 4. ADDITIONS TO SYSTEM Contractor shall maintain additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of the City, at the same unit price. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost will be prorated from the day the Contractor is notified. 5. GENERAL Contractor's performance under this Agreement shall be at the highest level promulgated in the industry. Full compensation in conforming to the requirements in these Special Provisions shall be included in the unit price per intersection or included in the various items of work per Contractor's Fee Proposal. 6. STANDARD SPECIFICATIONS All work, including but not limited to traffic signals, materials and equipment, traffic striping, pavement markers, signing, construction signing, striping and traffic signal loop detectors and General Provisions shall be in accordance with "STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS," latest edition, hereinafter referred to as "Caltrans Specifications", and these Special Provisions. In case of conflict between Caltrans Specifications and these Special Provisions, these Special Provisions shall take precedence. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar circumstances in accordance with sound professional practices. All work performed or equipment or parts supplied by Contractor shall be subject to the inspection and approval of the City, its Director of Community Services, or his authorized representative. Failure to pass inspection on any maintenance, repair and service item will result in non-payment for that item until such time as the Contractor can present the item to the City in acceptable form. 7. PERSONNEL The Contractor shall provide a minimum of one (1) full-time technician, and one for each additional fifty (50) maintained signals or flashing beacon locations. As a minimum, these technicians shall have certification of Level H or higher Traffic Signal Technician from the International Municipal Signal Association (IMSA) and State mandated National Electrical Contractors (NEC) certification. Skilled laborers can make hardware repairs under the direct supervision of the technician. The City reserves the right at all times to concur with the Contractor's assignment of personnel to the City. If appropriate, the Contractor shall replace any personnel assigned to the City whose performance is considered unacceptable by the City. The Contractor shall have adequate personnel and facilities to perform inspection of new equipment. When requested by the City, the Contractor may be required to assist in the final field inspection of new installations. IMSA and NEC certifications must be held in good standing and shall be maintained current throughout the entire duration of the contract. A copy of the certifications shall be provided. Prior to commencement of contract, Contractor shall provide a list of employees potentially working on the City's signals, which indicates level of certifications and job classifications. The Contractor shall update employee lists annually or as personnel changes. The Contractor shall submit a resume of the company qualifications as related to traffic signal work associated with installation, repairs, maintenance, modification, lab testing of new local or master controllers, and other traffic signal equipment, including engineering scientific and technical capabilities. 2 8. EQUIPMENT The Contractor shall have available adequate, skilled personnel and proper laboratory testing facilities to perform inspection of controller mechanisms, including traffic signal controllers, conflict monitors, controller cabinets, auxiliary equipment and traffic control appurtenances. All testing shall conform to the current NEMA Specifications TS-1 and Section 86-2.14, "Testing", of the Caltrans Standard Specifications. Copy of laboratory reports showing repairs to traffic control equipment shall be submitted to the City on an annual basis. The Contractor shall have available and readily accessible all required tools, equipment, apparatus, facilities, traffic control, skilled labor services and materials, etc., to perform all work necessary to maintain in good working order all traffic signal facilities and safety lighting at the locations defined in these Special Provisions. All work performed or equipment, parts, or materials supplied shall be subject to the inspection and approval of the Director of Community Services or authorized representative. The Contractor's service trucks shall be equipped with spare parts sufficient to place the signal system back in operation for ordinary trouble calls, including sensing devices for induction loop detectors. The Contractor shall have on -hand at least one (1) spare controller and one (1) conflict monitor for every twenty-five (25) intersections. In those cases where a complex controller and/or component has to be repaired, the Contractor shall install a substitute controller which will function substantially the same as the controller and/or component replaced, and shall operate in the full traffic actuated mode with telemetry as required to maintain coordination with the City's Master Controller. The substitute controller and/or components shall be equal to or better than those they are replacing and shall be pre -approved as a substitute controller and/or component by the City. In the event it becomes necessary to temporarily install a pre - timed controller, the timing shall be set according to the timing chart provided at each signal location. The original controller shall be returned to service within 10 working days, or an approved replacement controller installed. No permanent or temporary change of controller mechanisms shall be done without prior approval of the City unless in case of an emergency. In the event a change is necessary to respond to an emergency, the Contractor shall notify the City by telephone and by e-mail within 24 hours of the next working day that the equipment was removed and replaced with approved spare equipment. 9. ADDITIONS AND DELETIONS TO THE SYSTEM Contractor shall maintain additional traffic signals and appurtenant devices as they are installed or become part of the maintenance requirements within ten (10) days from written notification by the Director of Community Services. Such additional signals shall be maintained at the same unit price as specified in the Fee Proposal. In the event that maintenance of a new signal commences at other than the beginning of the monthly 3 period, the unit rate for routine preventative maintenance services shall be prorated from the date maintenance commences. The City may, at its sole discretion, eliminate signals from this contract. The Contractor shall be notified of such deletions in writing. Such deleted signals shall decrease the invoice at the same unit price as specified in the Fee Proposal. In the event that maintenance of a new signal cease at other than the beginning of the monthly period, the unit rate for routine preventative maintenance services shall be prorated from the date the Contractor was notified. 10. REQUEST OF SERVICE Contractor should expect service request outside of the Contractor's normal working hours. These service requests may be given by telephone, fax, e-mail, written correspondence or other means for reporting signal related problems, damages, and emergencies. Contractor shall maintain a local or toll -free telephone number where the Contractor can be reached 24-hours per day, seven days per week, and 365 days per year, in order to effectively address and respond to both extraordinary and emergency service requests. The telephone number is to be made available to the Director of Community Services or representative, and the City's Police Department. All requests shall be addressed by an appropriate timely response as outlined in these Special Provisions. 11. RESPONSE CRITERIA FOR REQUESTED SERVICES: EMERGENCY CALL -OUT The Contractor will need to ascertain whether service requests are of an "emergency" nature requiring an immediate response or whether the request is general in nature requiring routine response. Requests deemed to be "emergencies" shall be responded to immediately with all possible haste, arriving at the signal location within one (1) hour of first notification. The following events shall establish an emergency condition and the following action shall be taken: Failure or malfunction of the traffic signal system or interruption of normal signal operations. Under these conditions, the Contractor shall immediately restore the traffic signal to normal operations. If that is not possible due to the extent of damage, sufficient repairs shall be made to enable the intersection to operate in all red flash. For emergency repair purposes, the Contractor's vehicle shall carry the following equipment: portable stop signs to be installed if required, barricades, cones, replacement signal heads, pedestrian heads, 1-A signal pole, load switches, controller, and other related equipment which may be required to repair said damage. The replacement of burned -out lamps, other than red indications, need not be on an emergency basis provided there are two indications still operative for each direction of travel. Such replacement shall be handled within twenty-four (24) hours. 4 Red lights reported as being burned out shall be responded to as emergency situations. Any appurtenant traffic signal equipment such as traffic signal poles, mast arms, traffic signal heads, street names signs or other regulatory signs, warning or guide signs affixed to mast arms or poles, reported to be knocked down, dangling, or otherwise creating a public hazard shall be immediately repaired or replaced as an emergency situation in order to eliminate the hazard or unsafe condition. For the emergency repair of a signal which is totally blacked out, the following procedure of traffic control shall apply: (a) The Contractor shall dispatch qualified personnel and equipment to reach the site within the time frame specified in these Special Provisions for emergency call - out. The Contractor's vehicle shall carry traffic cones, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the Director of Community Services, or authorized representative. th (b) If no police officer is present and temporary Contractor arrives at the site, the Contractor shall set up morhave e traffic wen set arning and when e control devices, if deemed necessary, and proceed to repair the signal. The Contractor shall remove all of the temporary traffic control devices prior to the signal being back in operation, and return those devices owned by the City after the signal is operating. (c) - If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation, discuss it with the police officer, and obtain a Traffic Accident Report Number (to be submitted with invoice for work performed at the signal). If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up temporary portable stop signs and all other necessary warning devices and relieve the police officer. As part of the Contractor's emergency call response, the Contractor will be required to respond to accident scenes at signalized intersections to perform a review of the traffic signal system operation and equipment. The Contractor shall attempt to gain a Traffic Accident Report Number if officers of the Police Department are at the scene of the accident. Thereafter, Contractor is to include this Report Number on its invoice for work performed for any damage to the signal. The Contractor shall also notify the Director of Community Services or authorized representative of the date and the approximate time of Contractor's response to such an emergency. Payment for Emergency Work All work completed under an emergency call -out shall be documented and detailed in a written application for payment. Payment shall be made according to payment for extraordinary work. 12. NOTIFICATION The Contractor shall notify the Director of Community Services or authorized representative of the alterations, substitution, or removal of any controller or component, or alteration to the operation of any signal system. During normal business hours of the City, notification by telephone shall be made within one (1) hour of such change. Notification of changes made at times other than normal business hours of the City shall be reported by telephone within one (1) hour of the beginning of the next business day of the City. The Contractor shall call the morning of each day Aqy maintenance is scheduled to take place during that day. The Contractor shall notify _the Director of Community Services or authorized representative of the proposed maintenance specifying the type of maintenance, location, and the approximate time of the day. If scheduled work is completed without obtaining approval from the City, payment will not be made until the work is inspected by City staff. For emergency call -outs during normal business hours of the City, notification by telephone shall be made within one (1) hour of such response. Notifications at times other than normal business hours of the City shall be reported by telephone within one (1) hour of the beginning of the next business day of the City. The Contractor shall thoroughly examine and inspect all equipment at the location for any physical damage or equipment malfunction, including a timing check of the controller. Within five (5) calendar days after completion of this examination, the Contractor shall submit, in writing, a report summarizing the results of the examination and inspection to the Director of Community Services or designated representative. These results shall also be placed in the maintenance records of the intersection maintained by the Contractor. All correspondence shall be address to the Director of Community Services, 4305 Santa Fe Avenue, City of Vernon, CA 90058. 13. WORKING HOURS Normal working hours shall be from 7:00 AM to 5:00 PM, Monday through Friday. Any lane closures shall be from 8:00 AM to 4:00 PM, unless otherwise approved by the City. 14. MAINTENANCE RECORDS The Contractor shall keep a current, permanent operational record of all work performed at the intersection, including, but not limited to, routine maintenance, service R calls, extraordinary maintenance and re-lamping of each and every item of traffic control or safety equipment that the Contractor is required to maintain by this contract. These records shall be kept at each maintained location on a form approved by the City. A copy of such record shall be provided within two (2) working days upon request to the Director of Community Services or authorized representative. The form shall include, at a minimum, the date, time, description of device including all model, part and serial number, narrative of deficiencies encountered, and a detail of any and all corrective actions(s) taken. Entries shall be made legibly in indelible ink and shall be initialed by the technician making the entry. 15. MONTHLY MAINTENANCE REPORTS The Contractor shall submit to the City, monthly summary reports of all activities relating to traffic signal and safety lighting maintenance for each maintained location. The summary report shall list the maintenance history of the entire reporting period for each individual signal location and any deficiencies found. A chronological report of all maintenance activities throughout the month is unacceptable. The summary reports shall be submitted to the City ten (10) days following the end of the month of the reporting period. Invoices will not be paid until the summary report has been received. The following information, at a minimum, is required for each signal location: • Location by intersection and identification of a specific corner or direction of traffic • Date and time the call was received and the name of the caller or self -initiated • Date and time the Contractor's personnel and equipment arrived at the scene • Date and time the job was completed • Nature of the malfunction, if any, and a description of the action taken by the Contractor • Notation of routine, extraordinary, or emergency • Accident report number (from Police Department) for all accident related work For the purposes of this contract, a month is defined as a calendar month. A year, except otherwise defined elsewhere for specific purpose, is defined as a calendar year running from January 1 to December 31. All records are the property of the City and at the termination of this contract, shall be delivered to the City. 16. SALVAGED OR DAMAGED EQUIPMENT AND OWNERSHIP Ownership of all materials existing and incorporated in the work are vested in the name of the City of Vernon. Any materials delivered and paid for in part by the City or any material furnished by the City to be incorporated in the work becomes the property of the City. Salvaged or damaged equipment shall become the property of the Contractor unless otherwise directed by the City. 7 17. TRAFFIC SIGNAL TURN -ON AND TURN-OFF The Contractor shall notify the City's Police Department and Director of Community Services or authorized representative, at least 48 hours in advance of any scheduled turn-on/turn-off necessitated by the Contractor's operations. Contractor's operations and shall not make said turn-off or turn -on until a City police officer is present, or unless given permission to proceed without police control by the Police Department, or the Director of Community Services or authorized representative. The Contractor shall erect stop signs on each approach of the intersection as well as advanced warning signs to provide all -way stop control while the traffic signal is turned off. For nighttime work, the Contractor shall provide portable stop signs with sufficient reflectivity on Type II barricades with flashers. The placement and removal of the temporary stop signs shall be completed while the signal is in a red flash condition. The Contractor shall make every effort to schedule shut downs only between the hours of 9:00 am and 3:00 pm. 18. WARRANTY SERVICE The Contractor shall guarantee the work against defective material or workmanship for a period of one (1) year from date of completion of the work. Damage due to acts of God or from sabotage and/or vandalism are specifically excepted from the guarantee. When defective material and/or workmanship are discovered which require repairs to be made under this guaranty, all such work shall be done by the Contractor at its own expense within five (5) calendar days after written notice of such defects has been given to Contractor by the City. Should the Contractor fail to repair such defective material or workmanship within five (5) calendar days thereafter, the City may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required. In emergencies demanding immediate attention, the City shall have the right to repair the defect and charge the Contractor with the actual cost of all labor and material required. Any repair work performed as herein specified shall be done under the provisions of the original contract provisions. During the warranty period, the Contractor is expected to coordinate warranty repairs with the appropriate manufacturer or installing contractor. The Contractor shall notify the City of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests. 19. SIGNAL TIMING AND PROGRESSION At no time shall the Contractor make any changes in timing or progression of the signal except with the approval of the Director of Community Services or authorized representative. 8 20. TRAFFIC CONTROL The Contractor shall conduct his work in such a manner as to minimize the disruption of traffic flow. The Contractor shall not obstruct or restrict any portion of the roadway until arrangements for traffic control have been received and approved by the Director of Community Services. Contractor shall be prepared to discuss a traffic control plan for all phases of the work at the pre -construction conference. All traffic control methods shall conform to the latest edition of Work Area Traffic Control Handbook (WATCH) and these Special Provisions. At least one eleven foot (IIft) travel lane in each direction shall be open to traffic at all times. Not more than one intersecting street shall be closed at any one time without the prior approval of the Director of Community Services or authorized representative. Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, and buildings along the line of work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. No material or .equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each days work and at other times when maintenance operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the portion of the roadway and open it for use by public traffic. The Contractor shall furnish all flagmen, barricades, barriers, lights, signs, and any other device which may be necessary for adequate and safe traffic control. The Contractor shall provide protection for any excavation three feet or more in depth or any other excavation which by its nature may be considered hazardous by either covering or erecting a five (5) foot chain link or woven wire fence. Such protection shall be provided at all times when the Contractor is not in attendance at the excavation. Pedestrian traffic must be maintained in a safe manner at all times. Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the work area. All spillage and any excessive dirt or debris caused by hauling operations or moving equipment along or across any private or public property or public traveled way shall be removed immediately at the Contractor's expense. The Contractor shall provide unobstructed access to all fire hydrants at all times. The latest editions of Caltrans Standard Specifications and the Manual of Traffic Control Devices (MUTCD) with California Supplements shall be used in addition to the WATCH, published by Building News, Inc as needed or as directed by the City. Failure to provide adequate safety devices, as directed by the City, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City's 0 actual cost. City shall be entitled to offset any costs incurred against Contractor's invoice and will be deducted from the monthly payment. All cost for traffic control shall be included in the various items of work, and no additional compensation will be allowed. 21. EQUIPMENT AND MATERIALS Attention is directed to Section 6-1.05, "Trade Names and Alternatives", of the Caltrans Standard Specifications. The City reserves the exclusive right to determine if proposed alternative equipment shall be acceptable. Before the start of work, the Contractor shall provide the City with a statement from the vendors stating the date that any equipment ordered is shipped. The City shall not be liable for any delay to performance prior to delivery of these required submittals. 22. DAMAGES Street pavement, curbs, sidewalks, sprinklers, driveways, and gutters damaged as a result of the Contractor's operation shall be repaired in accordance with the City's standard drawings and specifications at the Contractor's expense. 23. SOUND AND NOISE CONTROL The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. The noise level from the Contractor's operations, between the hours of 9 PM and 6 AM shall not exceed 86 DBA at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 24. NPDES REQUIREMENTS The Contractor shall conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit for Construction Activities, NPDES No. CAS004001, and in compliance with the Federal Requirements for the Control of Urban Pollutants to Storm Water Runoff. 10 The Contractor shall protect, in any means, all construction related materials from being transported from the site by the forces of wind or water. Contractor or any subcontractors are required to protect with best management practices all storm drain inlets and the job site as directed by the Director of Community Services to prevent polluted water from entering the storm drain systems. 25. TYPES OF SIGNALS The bid prices for both the routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the contract. 26. NIGHT INSPECTIONS The Contractor shall, every two (2) weeks, perform nightly inspection of all intersection safety lighting at signalized intersections and all illuminated street name signs for proper operation. The minimum bi-weekly inspection shall consist of driving by all City -maintained traffic signals and intersection safety lighting, as specified in these Special Provisions. A record shall be made, on forms approved by the Director of Community Services or authorized representative, of each unlit illuminated street name sign or safety light. This written record shall be received by the Director of Community Services or authorized representative's office within forty-eight (48) hours of the survey. Unless otherwise directed by the engineer, internally illuminated street name signs shall be Type A per Caltrans standards and shall have white lettering with green background. Unless otherwise directed by the City, all safety lighting/luminaires shall consist of 250 watt, 120 volt, 27,500 lumen high pressure sodium vapor lamps. All luminaires shall have integral ballasts and/or integral power supplies that are mounted and wired with quick disconnect hardware and wiring for module type replacement. All safety lighting/luminaires shall be of the 90 degree cut-off type and the desired lighting pattern will be M-S-III (I.E.S. type). Photoelectric controls shall be Type IV and shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", and these Special Provisions. Each luminaire shall be provided with an integrally mounted plug-in photoelectric cell. Cost incurred in night inspections, street name signs, and safety lighting/luminaires shall be included in unit price in routine preventative maintenance. The replacement of defective parts will be extraordinary work. All extraordinary work required shall be per the Fee Proposal regarding extraordinary signal work and written quote, as directed by the Director of Community Services or authorized representative. The City will obtain quotes from other contractors when practical and the City is not obligated to use the Contractor who made the survey. The Contractor shall carry in his vehicle, as a minimum, photocells and properly -sized lamps when trouble -shooting unlit illuminated street name signs and street lights. 27. EMERGENCY VEHICLE PREEMPT SYSTEM The City is equipped with some functioning 3M OpticomTM emergency vehicle preemption system. Emergency vehicle preemption equipment to be maintained includes: 1. 3M optical detectors for each approach 2. 3M rack -mounted dual priority phase selectors sufficient for 8 phase operation 3. 3M model 138 detector cable The system is designed to prevent simultaneous preemption by two or more emergency vehicles on separate approaches to an intersection. The optical detector shall be mounted on the indicatbd signal mast arm by approved mast arm clamp. The detector shall not be mounted on the signal head. Emergency vehicle preemption sequence of operation shall be approved by Engineer prior to timing and turn -on of signals. It shall be the responsibility of the Contractor that a knowledgeable representative, for the manufacturer of the emergency vehicle preemption equipment, be present for the first day of the traffic signal lighting function test to ensure proper installation and functioning of the equipment. The Contractor shall provide a vehicle equipped with an emitter to test and verify satisfactory operation of the equipment as requested by the City. Cost incurred for emergency vehicle preemption system shall be included in unit price in routine preventative maintenance. The replacement of defective parts will be extraordinary work. 28. MEETINGS The Contractor will be notified and required to attend and participate in meetings with City staff if needed. These meetings will be held for the purpose of discussing problems and ensuring that the work is proceeding as per the agreed -on specifications. These meetings will be called by the Director of Community Services or authorized representative. 29. ROUTINE PREVENTATIVE MAINTENANCE The Contractor shall carry on a program of continuing comprehensive routine maintenance designed to eliminate or reduce the incidences of malfunction, reduce operational complaints and extend the useful life of equipment. The program, the cost of 12 which is specified in the contract unit price per signalized intersection and per flashing beacon location, shall include but not limited to the following: Monthly Inspection The Contractor shall perform the following services at each intersection of Contract responsibility once per calendar month unless otherwise noted: a. Air Filter The Contractor shall clean or replace the air filter element in all controller cabinets so equipped at least once each six (6) months and shall note in the monthly report any filter replacement. The Contractor shall wash or replace all air filter elements in all cabinets so equipped within three (3) months after the execution of this contract, and shall note so in the monthly report the date the filter elements are cleaned or replaced. b. Cabinet Exterior Remove any posters, signs and graffiti from the controller and service cabinet exteriors. Check the interior and exterior of the controller and service cabinets for signs of deterioration on the cabinet's surface with a wire brush and then protect the area with zinc chromate, red lead or rust inhibitor prior to painting with a matching color. c. Cabinet Fan Verify that the controller cabinet fan operates properly with a minimum of noise. d. Cabinet Grounding Using a megger, check the resistance between the AC and Ground in the controller cabinet. e. Cabinet Vents Check the vents in both the controller cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material. f. Conflict Monitor Verify that the time clock and date are correct in any Conflict Monitor (CMU or MMU) at all signal cabinets at least once every twelve (12) months. Testing of all CMU/MMU equipment shall be completed with the use of an automated testing device with the test results printed on a report that is to be maintained in the signal cabinet at all times. The printed report containing the test results shall, at a minimum, include the following information: Report header with type of monitor tested and date tested; agency identification including manufacturer, model and serial number; related test information including operator, test site, and intersection 13 location; and monitor verification with a description of type of tests performed and conditions found (i.e., failure or non -failure). g. Connectors Check all connectors (includes any connections on the main panel, interface panels and under detector racks) to ensure they are secure and free of corrosion. Apply diazo grease at least once every six (6) months to deter corrosion. h. Controller Cabinet Mounting Check the snugness of the nuts on the controller cabinet anchor bolts, and tighten if necessary being sure not to distort the cabinet door opening by over tightening. i. Controller Cabinet Foundation Seal Check the seal between the bottom of the cabinet and the foundation for deterioration if standing water or evidence of water is present inside the bottom of the controller cabinet. Reseal as necessary, and ensure there is a weep hole at the lowest point to allow any moisture in the cabinet to seep out. j. Controller Operation Manually place vehicle and pedestrian calls on each phase through the controller cabinet test switches or the controller keyboard to verify controller servicing of each active phase. Maintain an accurate chronograph and set all real-time clocks to the National Bureau of Standards (WWV) time. When and where necessary, adjust clocks Daylight Savings Time within 48 hours of time changes. k. Detection Setup Verify that the detector loop cables are correctly identified, connected to the correct vehicle detector field interface terminals, that the correct detector indicates a call, a call is placed on the correct controller detector input, and that the input places a call on the correct controller phase. 1. Detector Operation Check detector units and systems including, but not limited to, inductive loops, video detection, and pedestrian push buttons for correct detection of both vehicles and pedestrians by observing the turn -on of the appropriate detection indicator as a vehicle passes over or through the detector loop(s)/zone; and adjust or repair said equipment as necessary to restore system to its intended operation. m. Door Gasket Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for evidence of moisture or deterioration. Completely replace any gaskets showing signs of leaking or deterioration. 14 n. Door Panel Harness Check the harness leading from the door panel to the police and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust if necessary. o. Equipment Displays and Indicators Verify that all LED and LCD displays and indications (controller, CMU, load switches, flasher, etc.) are working properly. p. Flash Verify the operation of the flash transfer relays, that the flash rate is between 50 to 60 pulses per minute, that the "ON/OFF" state for each flash circuit are equal, and that all signal heads are flashing the correct color. q. Ground Fault Receptacle Verify the proper operation of "Test" and "Reset" buttons on GFCI type outlets. r. Hinges and Locks Check for free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess. s. Insect Infestation Check for any signs of ants, wasps or other insects within the cabinet and take the necessary steps for extermination. t. Interconnect Check all traffic controller communications equipment (internal modems and/or interface modules) for proper operation and replace or repair as needed. The repair or replacement of traffic signal interconnect cables (copper and fiber) shall be extraordinary work and will require prior approval by the City before work is commenced. u. Interior Light Verify the proper operation of the controller cabinet's interior fluorescent light and starter. v. Intersection Timing Compare controller phase timing against the timing sheet, check any discrepancies against intersection log and notify Traffic Engineering of all discrepancies. 15 w. Intersection Records Ensure that all intersection "As -Built" plans, cabinet wiring diagrams, necessary equipment operations manuals, controller data timing sheets, and log book are corrected and inside the cabinet. Contact Traffic Engineering to obtain any missing items. x. Plug-in Components Check that each plug-in component (rack mount detectors, relays, load switches, etc.) fits tightly and securely in its socket. y. Preemption Devices Test any preemption devices for proper operation. z. Service Connections Verify that the neutral, ground and power connections are secure in the controller and service cabinet at least once every six (6) months. aa. Switches , Verify the correct operation of each position, including "OFF", of all switches. Repeatedly work all test and stop time switches to keep the switch contacts clean. bb. System Telemetry Check operation of telemetry on controller display. cc. Terminal Connections Using the correct size insulated screwdriver, test each terminal screw backing off slightly then retightening to confirm that it is secure at least once every six (6) months. dd. Thermostat Verify that the cabinet fan thermostat is set at 115 degrees Fahrenheit. cc. Vacuum Cabinet BIow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the controller cabinet including the police panel. Also blow out or vacuum the vent openings above the controller cabinet door. ff. Battery Back-up Systems Battery Back-up Systems including back-up unit and batteries shall be tested monthly in accordance with the manufacturers recommended maintenance as a part of preventative routine maintenance. Battery Back-up systems or batteries shall be replaced at the unit price stated in the Fee Proposal per extraordinary maintenance. 16 gg. Intersection Walkaround Walk all the approaches of the intersection and visually inspect all signal poles, mast arms, signal heads and indications (including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices, and verify the correct placement and/or operation. Any burned out indications or illuminated sign lamps shall be replaced; illuminated signs damaged beyond repair shall be reported to the City. All traffic heads and pedestrian heads found to be out of alignment shall be properly aligned. Missing signs shall be replaced.. Cracked or damaged loops sealants shall be re -sealed. All other equipment found missing or damaged shall be replaced or repaired. hh. Pedestrian Signals and Push Buttons The Contractor shall maintain all pedestrian signal heads and push buttons in working order, and the cost incurred shall be included in the unit price for routine preventative maintenance per intersection. The replacement of defective parts wAll be extraordinary maintenance. New parts shall conform to current State of California Standard Specifications (Section 2, "Preventative Maintenance also applies) and as specified by the Director of Public Works or his authorized representatives. ii. Loop Detectors The Contractor shall verify the condition of the loops in the roadway and take necessary preventative measures to ensure the longevity of the loop. This included the splicing (or re -splicing) of detector loops and/or replacement of loop sealant. Cutting and installing new loops is considered extra work and will require prior approval by the City before work is commenced. The failure of a loop due to sealant not maintained is not considered extra work and will be repaired at the Contractor's expense. jj. Signs The Contractor shall repair or furnish any damaged or missing traffic control signs or pedestrian push button plates affixed to any signal mast arm or pole. kk. Video Detection and CCTV Cameras Contractor shall verify that video detection and CCTV camera lenses are clean and the system operable. The Contractor shall clean and polish all video detection camera lenses once every twelve (12) months, or as directed by the City on an individual basis. 11. Traffic Signal Equipment All signal heads, mast arm mounted street name signs, and optically programmed signal heads, shall be re -aligned as necessary 17 min. Traffic Signal Controller Assembly The Contractor shall replace, repair, or otherwise render in good working .order any and all defective traffic signal controller assemblies with like make and model assemblies as necessary to ensure the safe operation of said signal equipment. Solid state equipment shall be maintained according to the manufacturer's specifications. Traffic signal controller assemblies that become obsolete or that deteriorate beyond repair should be removed from service. The Contractor shall report such conditions to the City along with sufficient evidence to support the replacement of the equipment. The replacement of the obsolete or unsalvageable equipment shall be at the discretion of the City and any approved replacements shall constitute extra work. nn. Before Leaving Intersection Before leaving intersection during any routine or extraordinary maintenance, verify that all detector test switches are in "normal" position, and that the stop time switch is. in the "auto" or "normal" position. Record all information (name, time, date, nature of work, etc.) in the cabinet log book. Immediately correct all safety deficiencies found during routine inspections and schedule non -emergency work with City staff. Payment for Routine Preventative Maintenance The City will compensate the Contractor monthly at the unit price per intersection and flashing beacon location for "Routine Preventative Maintenance" and no additional compensation shall be allowed; except for those specific items identified and authorized as extra work which will be compensated as set forth in these Special Provisions. Said compensation shall include all services rendered, labor, materials, equipment, overhead, profit, and, etc. A log sheet with a brief description of all routine extraordinary maintenance activities shall be attached to each monthly invoice. 30. EXTRAORDINARY WORK Generally, extraordinary work involves the replacement of damaged and non- functioning equipment. Extraordinary work includes but is not limited to the following list of items of work: • Furnish and install replacement signal poles and/or mast arms • Furnish and install replacement signal heads • Furnish and install replacement cabinet assemblies • Furnish and install replacement signal wiring, interconnect cables • Furnish and install replacement signal controller assemblies • Furnish and install replacement illuminated street name signs • Cut and install replacement detector loops • Emergency call -out response 18 Extraordinary work includes all the labor and materials necessary to ensure the safe and efficient operation of the City's traffic signal system that goes beyond the normal routine preventative maintenance programs established by these Special Provisions. a. Lamp Replacement During any inspection, all broken or deteriorated parts shall be replaced as necessary. The Contractor shall furnish and replace all signal lamps, incandescent and/or LED, and programmed visibility lamps that have failed or burned -out with new LEDs. The City may furnish the replacement LEDs. Replacement of said vehicle signal lamps shall be considered extraordinary work as defined in these Special Provisions, unless said failure occurs within the initial warranty period of the signal lamp. In cases where the City supplies the LEDs, the City shall be billed for labor and equipment charges only, as defined in these Special Provisions. In cases where the Contractor supplies the LEDs, the LEDs shall be approved by the Director of Community Services or authorized representative. Contractor shall indicate the date the signal lamp was installed on every signal lamp replaced and/or installed by Contractor and provide a five (5) year labor and material warranty to the City. b. Inductive Loop Replacement Cost per loop shall be provided by Contractor for installation of Type E loops, with costs to install Type E loops per the following specifications: Detector loops shall conform to the Provisions in Section 86-5, "Detectors", of the Standard Specifications and these Special Provisions. Loops shall be installed on the same day in which the loop slots are cut. This shall include placement of the loop conductors and slot sealant. Loop detector lead-in cable shall be Type B. Detector loop locations shall be approved by the Director of Community Services or authorized representative, in the field prior to installation. In testing a vacant loop, any drift that exceeds an average of more than 1 Hertz/minute shall be cause for rejection. Type E detector loops (circular), per Standard Plan ES-513 shall be six (6) feet in diameter. The sides of the slot for the loops and "homeruns" shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop shall be three (3) inches. Slot width shall be a maximum of 1/2 inch and minimum five (5) inches deep. Loop wire for circular loops shall be Type 2. Slot sealant shall be Hot -Melt Rubberized Asphalt Sealant and conform to the provision in Section 86-5.OIA(5) "Installation Details", of the Caltrans Standard Specifications and as directed by the Engineer in the field. 19 Work Authorization Extraordinary work, except for emergency repairs as provided for in these Special Provisions, shall require prior written authorization from the City. The means of the authorization shall be a signature on a Contractor furnished Damage Report that will be returned to the Contractor either via facsimile or through the mail; however, in situations requiring immediate response, verbal authorization from the Director of Community Services or authorized representative is sufficient followed by a written Damage Report. All items of work outlined in said Damage Report, and authorized by the City, shall be completed by the Contractor to the City's satisfaction within fourteen (14) calendar days unless specifically approved otherwise by the City. Should the Contractor be unable to complete the extra work within the specified time, the Contractor shall submit to the City a written explanation for the delay and an anticipated completion date for said work. Payment for Extraordinary Work Extraordinary work shall be billed at the established rates per the approved contract and shall include all labor, materials, equipment and profit. All work requires a negotiated price or authorization to proceed on a time and materials basis and approval by the Director of Community Services or authorized representative. All extraordinary work requires an authorization prior to beginning of work except emergency call out work. City reserves the right to separately bid extraordinary work in the event a negotiated price cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current contract. If work is completed on a time and materials basis, upon receipt of a separate, itemized invoice as specified in these Special Provisions the City shall compensate the Contractor within thirty (30) days of completion of work for such repairs required beyond the scope of routine preventative maintenance as follows: a. Direct Labor Contractor shall present with his monthly invoice a record of hours, spent in extraordinary work of traffic signals and appurtenances for each intersection. The City shall compensate the Contractor monthly for "Extraordinary Work" at the rates specified in the Fee Schedule. Said hourly rates shall be the total cost to the City. Rates shall include all compensation for wages, profit, overhead, and any fringe benefit such as employer payments to, or on behalf of, workmen for health and welfare, insurance, workmen's compensation pension, vacation, sick leave, or any local, State, Federal or Union tax or assessment. Regular time rates will be charged to City for labor between 7:00 a.m. and 5:00 p.m., Monday through Friday. Overtime rates will be charged to the City for labor between 5:00 p.m. and 7:00 a.m. on weekdays and 24 hours on Saturdays, Sundays, and Holidays. "Holidays" are New Years Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas.Day, and the day following Thanksgiving Day. 20 b. Equipment Contractor shall present with the monthly invoice a record of hours, calculated to the nearest one half hour, spent in extraordinary work of traffic signals and appurtenances per intersection. The City shall compensate the Contractor monthly for "Extraordinary Work" at the rates specified on the Fee Schedule for equipment used in each case. Said hourly rate shall be the total cost to the City. e. Materials The City shall pay the Contractor for materials provided based on the Contractor's actual cost from the supplier plus percentage specified in the Fee Schedule for overhead and profit. All materials and parts shall be new or have the prior written approval of the Director of Community Services or authorized representative. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary work. Copies of the suppliers' invoices shall be maintained in the Contractor's office and shall be available for inspection by the Director of Community Services or authorized representative. Copies of the invoices shall be provided within five (5) business days upon request of the Director of Community Services or authorized representative. The City reserves the right to solicit quotations or invite bids and award work to any contractor on all extraordinary work including, but not limited to, inductive loop installation, traffic signal knockdowns, and the repair of illuminated street name signs, safety lights, street lights, pedestrian signal heads, pedestrian push buttons, etc. 31. ADDITIONAL WORK The Contractor shall be available to assist in the final field inspection on new and or reconstructed installations when requested by the City on a per hour basis paid at the rate of a Republic Electric Technician. 32. PATENTS The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. 33. PERMITS, LICENSES, & INSPECTIONS The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the contract. No fees will be charged for City -related projects. All work performed, or equipment or parts supplied by the Contractor, shall be subject to inspections and approval of the City, its Director of Community Services or authorized representative. 21 � c 34. WORK STOPPAGE It shall be the responsibility of the Contractor to provide continuous maintenance services, without any interruption of any traffic signals in the City. In case of any work stoppages due to labor strike or otherwise, Contractor shall provide by other means, and at its own cost, comparable continuous service under this Agreement as if there were no work stoppage. Failing to do so will cause the City to take whatever action(s) is deemed necessary to provide such service and the cost shall be borne by the Contractor. 35. INSURANCE AND BONDS Workers' Compensation Certificate, Performance Bond, Labor and Material Bond, and Certificate of Insurance will all be renewed annually. 36. BILLING Billing will be once a month. Extraordinary work will be billed separately and will be broken down as to material, labor, and job trips. Minimum time charged will be half an hour per job. 22 NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25- 25- 26 27 28 29 30 31 32 33 34 35 36 37 38 CITY OF VERNON SIGNALIZED INTERSECTIONS Alcoa Avenue & Fruitland Avenue Alcoa Avenue & Leonis Blvd: Alcoa Avenue & Slauson Avenue Atlantic Blvd. & Bandini Blvd. Atlantic Blvd. & 3030 Atlantic Blvd. Atlantic Blvd. & District Blvd. 37th Street & Seville Avenue Bandini Blvd. & Sierra Pine Bandini Blvd. & Bonnie Beach Bandini Blvd & Sunol Drive Bandini Blvd. & 1710/SB Offramp Boyle Avenue & Leonis Blvd. Boyle Avenue & Fruitland Avenue Boyle Avenue & Slauson Blvd. Boyle Avenue $ Randolph Street District Blvd. & Loma Vista Downey Road & Vernon Avenue Downey Road & District/Leonis Blvd. Downey Road & Fruitland Avenue Pacific Blvd. & Leonis Blvd. Pacific Blvd. & Fruitland Avenue Santa Fe Avenue & 25/26th Street Santa Fe Avenue & 27th Street Santa Fe Avenue & 28th Street Santa Fe Avenue '& 376Street Santa Fe Avenue & 38th Street Santa Fe Avenue & Vernon Avenue Santa Fe Ave. & Pacific Blvd./Vernon Avenue Santa Fe Avenue & 48th Street Santa Fe Avenue & Fruitland Avenue Santa Fe Avenue & 55th Street Soto Street & Bandini Blvd./37th Street Soto Street & Fanner John Driveway Soto Street & Fruitland Avenue Soto Street & Leonis Blvd. Soto Street & Vernon Avenue Soto Street & _ 26th Street Washington. Blvd. & Hobart Yard Driveway Downey Road & Slauson Avenue (City of Ma M Farmer Date of Oriainai Plan Jan-41 RM Dec-63 Feb-74 Mar-62 Jun-