HomeMy WebLinkAbout05793 - SIEMENS INDUSTRY INC. TRAFFIC SIGNAL MAINTENANCE SVCS AGR .� PAUM
S
O
City of Palm Springs
v H Department of Public Works and Engineering
* 3200 P.Tahquicz Canyon Way • Palm Springs, CA 92262
Tel: (760)323-8253 • F": (760)322-8360 • Web: www.palinspringsca.gov
IFOIRt
April 22, 2014
Siemens Industry, Inc.
Attn: Jill Petrie
10775 Business Center Drive
Cypress, CA 90630
Re: City Agreement No. 5793
Dear Jill Petrie:
Pursuant to section 4.5 "Term" of the subject agreement and our meeting with your staff
on April 22, 2014, the City of Palm Springs is hereby exercising its option and extending
the Original Contract Term and will now end on June 30, 2016. This is the second of 2
two year extensions provided for in said agreement.
Thank you for your service to the City of Palm Springs.
C
Sincerely,
David J. Barakian
Director of Public Works
City Engineer
Please sign and return to the City of Palm Springs to agree to extending agreement 5793
for two years ending June 30, 2016,
Z3 1 ZO(
Siemens hCu5tK, Inc. Date
cc: City Clerk
File
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Post Office Box 2743 0 Palm Springs, California 92263-2743
pJkLM S
city of Palm Springs
u'< Department of Public Works and Engineering
* z` 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262
* ' 'i;° Tel:(760)323-8253 • Pax:(760)322-8360 • Web:ww ..palmspringsca.gov
C., FaitN�P`
Cl1 n�T o Q 2012
Siemens Industry,Inc.
Attn:James A Wagner July 1,2012
Vice President of Engineering
371 Bel Marin Keys Blvd.
Novato,CA 94949
Re:Agreement No. 5793
i
Dear W.Wagner:
i Pursuant to section 4.5 "Term"of the subject agreement and our meeting with your staff
in May,2012,the City of Palm Springs is hereby exercising its option and extending the Original
Contract Term and will now end on June 30,2014.This is the first of two year extensions
provided for in said agreement.
I
Thank you for your service to the City of Palm Springs.
I
Sincerely,
i
David J. Barakian
Public Works Director
City Engineer 'f
1
Please sign and re*u the City of Palm Springs to agree to extending agreement 5793 for two
years ending June 30, 14.
i
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Siem1dustry,Inc. Date
i
xc: PaySle
Chron
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I �� . Post Office Box 2743 • Palm Springs, California 92263-2743
CONSENT TO MERGER
THIS CONSENT TO MERGER ("Consent") is made as of OCF , \O 2012, by
and between Republic Intelligent Transportation Services, Inc., a corporation duly organized
and existing under the laws of the State of California ("Company'") and City of Palm Springs
("Authority").
WHEREAS, Company and Authority are parties to that certain Traffic Signal
Maintenance Services Agreement, dated as of March 2, 2009, (the "Agreement");
WHEREAS, Company was acquired by Siemens Industry, Inc. ("SII") on September 20,
2010;
WHEREAS, on September 30, 2012, pursuant to applicable law, Company will merge
with and into SII (the "Merger"), and the separate corporate existence of Company will end, and
SII will continue as the surviving corporation;
WHEREAS, pursuant to applicable law, at the effective time of the Merger, all rights in
and to property of every kind and description, real and personal, tangible and intangible, of
Company shall be vested in SII without further act or deed, and SII shall be liable for all
obligations and liabilities of Company, and any claims existing, and actions or proceedings
pending by or against Company may be enforced against SII as if the Merger had not taken
place, and SII may, at any time after the effective time, take any action (including but not limited
to executing and delivering any document) in the name and on behalf of Company;
WHEREAS, after the Merger, SII will be in a position to fully perform all obligations that
may exist under the Agreement;
WHEREAS, notice has been provided to the Authority and the Company requests
consent to the Merger from the Authority; and
WHEREAS, it is in the Authority's interests to consent to the Merger;
NOW, THEREFORE, in consideration of the foregoing, the parties agree to the following:
1 The Authority hereby consents to the Merger effective as of October 1, 2012 (the
"Effective Date").
2. On and after the Effective Date, the term Contractor, as used in the Agreement,
shall refer to SII.
3. Company agrees that Authority is not obligated to pay or reimburse it or any
other party, or otherwise give effect to, any costs, taxes or other expenses, or any related
increases, directly or indirectly arising out of or resulting from the Merger or this Consent, other
than those that the Authority in the absence of the Merger or this Consent would have been
obligated to pay under the terms of the Agreement.
4. Except as expressly set forth in this Consent, the terms and conditions of the
Agreement shall remain in full force and effect.
US2008 3810829 1
ORIGINAL BID
ANTIOR AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement
as of the first date written above.
City of Palm Springs �M
i
By
Name: I*A,lameY
Title:
Date (d / (�--
Republic Intelligent Transportation Services, Inc. APPROVED 6y 011 f U'�,-
By Ori4 a 1k Oh �v13
Name: Terry Heath
Title: President, Mobility and Logistics Division
By: APPROVED BY CITY MANAGER
Name: Mario Mattern k
Title: CFO & VP, Complete Transportation and
E-Vehicle Infrastructure pty1�,
ATTEST:
ity Cleric
US2008 3810829 1
AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 5793
WITH REPUBLIC ITS
TRAFFIC SIGNAL MAINTENANCE SERVICES
The following articles of Agreement No. 5793 are hereby amended to read as follows:
Section 3.1"Compensation of Contractors'is hereby revised as follows:
The maximum contract amount for the fiscal year commencing July 1, 2009, is increased to
$380,000.00.
Purchase Order Number(s): 09-0687
Agreement Number: 5793
Original City Council Approval: February 18, 2009
Original Contract Amount: $ 200,000 (annually)
Amount of Previous Increase(s) $ 100,000
Amount of This Increase $ 80,000
Amended Total: $ 380,000 (annually)
Account Number(s): 133-4298-43200 ($80,000 of this increase)
SIGNATURES ON LAST PAGE
Except as specifically amended by this Amendment No. 4, all terms and provisions of
Agreement No. 5793 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a California charter city
K
By. .
City Clerk Z L LOaO BY
City Manager
APPROVED TO FORM:
APPROVED BY CITY COUNCIL
By: W4 �
ity Attorney
CONTRAC OR: Check one:_Individual_Partnership X Corporation
REPUBLIC ITS;371 Bel Marlin Keys Blvd.,#200; Novato,CA 94949
Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice
P he second signal t be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief
Fi ncial0 r).
By: By: C&i-4/
of Signature o Chairman of Board, Notarized S na 5 cretary,Asst Secretary,
Si'
or any Vice President Treasurer,As tr ur r or Chief Financial Officer
Name: �Z LC-Q-A'2-- Name: G�-
Title: Title: �r _�L�J�._&sS'
State of �1 State of I
County of �y «I 1ss County of a n �ss
beforp me, Ong 1 10 before me, s�—C`PLJ`l 0'
` personally p�L appeared
personally appeared ,� �Q 4 "`�_ _ �Swho proved to me
on the basis of satisfactory evidence) to be the person(s)
who proved to me on the basis of satisfactory evidence)to be whose name(s)is/are subscribed to the within instrument and
the person(s) whose name(s) is/are subscribed to the within acknowledged to me that he/she/they executed the same in
instrument and acknowledged to me that he/she/they his/her/their authorized capacity(ies), and that by his/her/their
executed the same in his/her/their authorized capacity(ies), signature(s)on the instrument the person(s),or the entity upon
and that by his/her/their signature(s) on the instrument the behalf of which the person(s)acted,executed the instrument.
person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
I certify under PENALTY OF PERJURY under the laws of the correct.
State of California that the foregoing paragraph is true and
correct. WITNESS my hand and official seal.
WITNESS my hand and official seal. �R
Notary Signature: Notary Signature: ` I
Notary Seal: Notary Seal:
SHANNON LONG SHANNON LONG Commission 0 1877656
Public-California Commission#E 1877656
Notary Public-California i Morin County Morin County Z @411110tary
Comm.Ex Tres Jan 22,2014 my Comm.Ex Tres Jan 22,2014
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 5793
WITH REPUBLIC ITS
TRAFFIC SIGNAL MAINTENANCE SERVICES
The following articles of Agreement No. 5793 are hereby amended to read as follows.-
Section 3.1 "Compensation of Contractor" is hereby revised as follows:
The maximum contract amount for the fiscal year commencing July 1, 2009, is increased to
$300,000.00.
Purchase Order Number(s): 09-0687
Agreement Number: 5793
Original City Council Approval. February 18, 2009
Original Contract Amount: $ 200,000 (annually)
Amount of Previous Increase(s) $ 47,800
Amount of This Increase $ 52,200
Amended Total: $ 300,000 (annually)
Account Number($): 001-4301-43200
SIGNATURES ON LAST PAGE
Except as specifically amended by this Amendment No. 3, all terms and provisions of
Agreement No. 5793 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
_ a California charter city
City Clerk By;-7
j � GiTy Manager
APPROfOR:
TO FORM:
APPROVED BY C[N COUNCIL
By:
rney
CONTRheck one: Individual_Partnership xCorporation
REPUBL Bel Marin Keys Blvd.,#200;Novato, CA 94949
Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice
President,The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant T asurer,or Chlef
Financciiala�OfficerOfficer).c,eerr). A .
�,__Y,othrized Signature of Chairman of Board, Notanz 59T to Secretary,Asst Secretary,
President orany Vice dPr�esidenentt 1 Treasurer, st as rrer or Chief Financial Officer
Name: Name
0 r+" �`- ^' '"~ Name:
Title: "� P"` , V4.R-R--�-+. Title: Cj— 0
State of �l Stale of C �
Count`y(of JAM Q/) 1 as County of�,lss
On 1 / �/�D before me, On tI a Ia before me,—CSLI W—y1 g
ersonall appeared
personally appeared p y '� L • IN SC-' wno proved to me
�0.n1<$ .,wC24h�1r on the basis of satisfactory evidence) to be the persons)
who proved to me on the basis of satistacory evidence)to be whose name(&) is/are subscribed to the within instrument and
the person(s) whose nama(s) islare subscribed to the within acknowledged to me that heishellhey executed the same In
instrument and acknowledged to me that he/she/they histher/their authorized capaclty(ies), and that by his/her/their
executed the same in hislherltheir authorized capacity(ies), signature(s)on the instrument the person(s),or the entity upon
and that by his/her/their signature(5) on the instrument the behalf of which the person(s)acted,executed the Instrument
person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
I certify under PENALTY OF PERJURY under the laws of the correct.
State of California that the foregoing paragraph Is true and
correct. WITNESS my hand and official seal.
WITNESS my hand and official seal.
Notary Signature: Notary Signature:
J
Notary Seal: Notary Seal:
SHANNON LONG
Commission M 1877656
5HANNON LONG Notary Public-California
Commission tM 1877656 Maria County
*� Notary public-Caldomia i M Comm.E ass Jan 22,2014 r
Marin County
My Comm.Ez iras Jan 22,2014 r
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 5793
WITH REPUBLIC ITS
TRAFFIC SIGNAL MAINTENANCE SERVICES
The following articles of Agreement No. 5793 are hereby amended to read as follows:
Section 3.1 "Compensation of Contractor" is hereby revised as follows:
The maximum contract amount for the fiscal year commencing July 1, 2009, is increased to
$247,800.00.
SCOPE OF SERVICES Exhibit"A-1- —
Replace the existing Exhibit"A-1" with the attached Exhibit "A-1".
Purchase Order Number(s): 09-0687
Agreement Number: 5793
Original City Council Approval: February 18, 2009
Original Contract Amount: $ 200,000 (annually)
Amount of Previous Increase(s) $ 0
Amount of This Increase $ 47,800
Amended Total: $ 247,800 (annually)
Account Number(s): 001-430 1-432 00 (original contract amount of$200,000.00)
261-1395-54085 (this increase of$47,800.00)
SIGNATURES ON LAST PAGE
Except as specifically amended by this Amendment No. 2, all terms and provisions of
Agreement No- 5793 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a California charter city
City Clerk p(0
gy — ���-j��
jCity Manager
APP OVED AS TO FORM:
APPROVED BY CITY COUNCIL
Cify orn
ONT TOR: Check one:_In ual_Partnership X Corporation
R BLIC ITS;371 Bel Marin Key Blvd.,#200; Novato,CA 94949
Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice
President.The second signature must be from the Secretary,Assistant Secretary,'I'masurer,Assistant Trees r,or Chief
rinanrial Officer). �A}
By fv By:
t,_14tarized Signature of Chairman of Board, Notarize Secretary,Asst Secretary,
President or any Vice President Treasurer, st tr s ar or Chief Financial Officer
Name:_,(p]MeS A . W(2 r4 V4P� Name: �° r-t� L Igsch
Title: yr f r1^,tl Title: �+(
State of .....—_C ��J f State of G7
County of Wn as County of lV lf,��) r In
l ---._.. ....... 1 -.ss
OnZliL before � .Ml . � . NI_
, _1 r personally ���� � // appeared
personally p ,n appearedQ� L. i'1`�LJI who proved to me
fly- iErS I l .\,A)K N� on the basis of satisfactory evidence) to be the person(s)
who proved to me on the basis of satisfactory evidence)to be whose name(s)islare subscribed to the within instrument and
the person(s) whose name(s) islare subscribed to the within acknowledged to me that helshetthey executed the same in
instrument and acknowledged to me that he/she/they hlsAer/thelr authorized capaclty(les), and that by his/her/their
executed the same In hlsMarhheir authorized capaoty(ies), slgnatum(s)on the instrument the person(s),or the entity upon
and that by hlslherfthelr signature(s) on the instrument the behalf of which the porson(s)acted,executed the instrument.
person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
I certify under PENALTY OF PERJURY under the laws of the correct.
State of California that the foregoing paragraph is true and
correct. WITNESS my hand and official seal.
WITNESS my hand and official seal.
a �
Notary Signature: t. Notary Signature:
Notary seal: Notary Seal:
SHANNONLONG
Commission• 1077656 SHANNON LONG
Notary Public-California Commission• 1877656
Merin County Notary Public-California a
Comm. Elipiras Jan 22,2014~ Madn County ?
Losou Comm,F Iras Jan 27,2014
EXHIBIT "A-1"
Listing of Signal Equipment
TRAFFIC SIGNALS
1. N. Palm Canyon Drive at Tachevah Drive
2. N. Palm Canyon Drive at Tamarisk Road
3. N. Palm Canyon Drive at Granvia Valmonte
4. N. Palm Canyon Drive at Alejo Road
5. N. Palm Canyon Drive at Amado Center (Pedestrian Signal)
6. N. Palm Canyon Drive at Amado Road
7. N. Palm Canyon Drive at Andreas Road
8. N. Palm Canyon Drive at Desert Fashion Plaza (Pedestrian Signal)
9. Palm Canyon Drive at Tahquitz Canyon Way
10. S. Palm Canyon Drive at La Plaza
11, S. Palm Canyon Drive at Arenas Road
12. S. Palm Canyon Drive at The Village Green (Pedestrian Signal)
13. S. Palm Canyon Drive at Baristo Road
14. S. Palm Canyon Drive at Ramon Road
15. S. Palm Canyon Drive at Camino Parocela
16. S. Palm Canyon Drive at Sunny Dunes Road
17. S. Palm Canyon Drive at Mesquite Avenue
18. S. Palm Canyon Drive at Morongo Road
19. S. Palm Canyon Drive at E. Palm Canyon Drive
20. E. Palm Canyon Drive at Camino Real
21. E. Palm Canyon Drive at Sunrise Way
22. E. Palm Canyon Drive at Cerritos Road/Smoke Tree Lane
23. E. Palm Canyon Drive at Smoke Tree Commons
24. E. Palm Canyon Drive at Farrell Drive/Barona Road
25. E. Palm Canyon Drive at Araby Drive/Escoba Drive
26. E. Palm Canyon Drive at Auto Center
27. E. Palm Canyon Drive at Cherokee Way
28. N. Indian Canyon Drive at Garnet Avenue
29. N. Indian Canyon Drive at San Rafael Drive
30. N. Indian Canyon Drive at Racquet Club Road
31, N. Indian Canyon Drive at Tachevah Drive
32. N. Indian Canyon Drive at Tamarisk Road
33. N. Indian Canyon Drive at Alejo Road
34. N. Indian Canyon Drive at Amado Road
35. N. Indian Canyon Drive at Andreas Road
36. Indian Canyon Drive at Tahquitz Canyon Way
37, S. Indian Canyon Drive at La Plaza
38. S. Indian Canyon Drive at Arenas Road
39. S. Indian Canyon Drive at Baristo Road
40. S. Indian Canyon Drive at Ramon Road
41, Sunrise Way at San Rafael Drive
42. Sunrise Way at Racquet Club Road
43. Sunrise Way at Via Escuela
44. Sunrise Way at Tachevah Drive
45. Sunrise Way at Alejo Road
46. Sunrise Way at Amado Road
47. Sunrise Way at Tahquitz Canyon Way
48. Sunrise Way at Baristo Road
EXHIBIT "A-1"
Listing of Signal Equipment
49, Sunrise Way at Ramon Road
50. Sunrise Way at Sunny Dunes Road
51. Sunrise Way at Mesquite Avenue
52. Farrell Drive at Via Escuela
53. Farrell Drive at Tamarisk Road
54. Farrell Drive at Alejo Road
55. Farrell Drive at Tahquitz Canyon Way
56. Farrell Drive at Baristo Road
57. Farrell Drive at Ramon Road
58. Farrell Drive at Mesquite Country Club (Pedestrian Signal)
59. Farrell Drive at Mesquite Avenue
60. Tahquitz Canyon Way at Calle Encilia
61. Tahquitz Canyon Way at Calle El Segundo
62. Tahquitz Canyon Way at Avenida Caballeros
63. Tahquitz Canyon Way at Sunset Way
64. Tahquitz Canyon Way at El Cielo Road
65. Ramon Road at Calle Encilia
66. Ramon Road at Avenida Caballeros
67. Ramon Road at Compadre Road
68. Ramon Road at El Cielo Road
69. Ramon Road at El Placer
70. Ramon Road at Paseo Dorotea
71. Ramon Road at Vella Road
72. Ramon Road at San Luis Rey Drive
73. Ramon Road at Crossley Road
74. Dinah Shore Drive at San Luis Rey Drive
75. Dinah Shore Drive at Crossley Road
76. Racquet Club Road at Avenida Caballeros
77. Gene Autry Trail at Via Escuela
78. Vista Chino at Greens Way
79. El Cielo Road at Baristo Road
80. Baristo Road at Palm Springs High School/Palm Springs Mall
FLASHING BEACONS
1. Racquet Club Road at Via Miraleste (2) with (2) advance
2. Golf Club Drive at Tahquitz Creek Golf Course (2)
3. Vista Chino at Avenida Caballeros (2)
4. East Palm Canyon Drive at Araby Drive (1)
5. East Palm Canyon Drive at Southridge Drive (1)
6. Murray Canyon Drive at Indian Springs Golf Resort(2)
"IN PAVEMENT" ILLUMINATED CROSS WALKS
1. Amado Road at The Spa Casino
2. Tachevah Drive at Desert Regional Medical Center
3. Paseo Dorotea at Cielo Vista Elementary School
4, Tachevah Drive at Katherine Finchy Elementary School
5. Mesquite Avenue at Cahuilla Elementary School
6. Amado Road at Calle Alvarado
AMENDMENT NO, 1 TO CONTRACT SERVICES AGREEMENT NO. 5793
WITH REPUBLIC ITS
TRAFFIC SIGNAL MAINTENANCE SERVICES
The following articles of Agreement No. 5793 are hereby amended to read as follows:
SCOPE OF SERVICES (Exhibit "A-1") —
Replace the existing Exhibit "A-1" with the attached Exhibit "A-1".
Purchase Order Number(s): 09-0687
Agreement Number: 5793
Original City Council Approval: February 18, 2009
Original Contract Amount: $ 200,000 (annually)
Amount of Previous Increase(s) $ 0
Amount of This Increase $ 0
Amended Total: $ 200,000 (annually)
Account Number(s): 001-4301.43200
SIGNATURES ON LAST PAGE
Except as specifically amended by this Amendment No. 1, all terms and provisions of
Agreement No. 5793 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a California charter city
By: -
.- �Cityk gy
City Manag
`PROVED AS TO FORM:
APPROVED BY CITY COUNCIL APPROVED BY CITY MANAGER
r^ (�rA
Y' �/ ry"fir `�•�� %� P , t� t
�/Y Ciity At )rney
✓TRACTOR: Check one:_Individual_PartnershipY'Corporation � �
REPUBLIC ITS
Corporations require two notarized signatures One signature must be from the Chairman of Board,President,or any Vice
President.The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief
Financial Officer).
BBy, A
p �arized Signature of Chairman of Board, Notarized Ig II etary,Asst Secretary,
President or any Vice President Treasurer,As t tie urer or Chief Financial Officer
Name: a It!� Name:\' YY
Title: V Title: `� �( S-Kr—&kJ0-4 ,—
Y ZQ.S��/"
Ilj
State of f State of
County of Iss County of ss
On before me, On 6ef6re me,
personaly_ appeared
personally appeared who proved to me
ojvtAe basis of satisfactory evidence) to be the persons)
who proved to me on the basis of satisfactory evidence)to b5,,'whose name(s) is/are subscribed to the within instrument and
the person(s) whose name(s) is/are subscribed to the w$hm acknowledged to me that helshe/they executed the same in
instrument and acknowledged to me that he//they his/her/their authorized capacity(ies), and that by hislher/their
executed the same in his/her/their authorized cap2cty(ies), signature(s)on the instrument the person(s),or the entity upon
and that by his/her/their signature(s) on the i�trument the behalf of which the persons)acted,executed the instrument.
person(s), or the entity upon behalf of wMch the person(s)
acted,executed the instrument. ' I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
I certify under PENALTY OF PERJURY under the laws of the correct
State of California that the foregoing paragraph is true and
correct. WITNESS my hand and official seal.
i
WITNESS hand and official seal
MSignature: Notary Signature:
ary Seal: Notary Seal:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californian n ',
County of IffVtt lit' L{ ���/� p /
On '. 0 3 6V before me, AIIV( I M�`9 IL G
Oars J� Kura ccI Name Tole et e e ¢rr
personally appeared S W �Q Q
Neme(�)m sgner(sJ t
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)mare subscribed to the
within instrument and acknowledged to me that
laefsheffhey executed the same in M�hair authorized
MEEGAN KELLY capacity(ies), and that by hisAierltheir signature(s) on the
Commission # ]n aa9a instrument the person(s), or the entity upon behalf of
Notary which the person(s) acted, executed the instrument x p ry public -California
. _ Morin County
C0mm.sMl-'65Jon5,20i7 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct
WITNESS my hand and off] ial s
Signature
Pime Ne3ry Seal Above S�gnanrre o N / pwp
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying j document
and could prevent fraudulent removal and reattachment of this term to another dppumente
Description of Attached Document �
Tifle or Type of Document �� V l �i� �/� �r `j
3
[Document bate: 6L Number of Pages: e
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
d Partner-0 Limited ❑General _ _ _ ❑Partner—❑ Limited ❑ General
❑ Attomey in Fact ❑Attorney in Fact
❑ Trustee Top of rrarmn here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other. ❑Other
Signer Is Representing: Signer Is Representing:
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EXHIBIT "A-1"
Listing of Signal Equipment
TRAFFIC SIGNALS
1. N. Palm Canyon Drive at Tachevah Drive
2. N. Palm Canyon Drive at Tamarisk Road
3. N. Palm Canyon Drive at Granvia Valmonte
4. N. Palm Canyon Drive at Alejo Road
5. N. Palm Canyon Drive at Amado Center (Pedestrian Signal)
6, N. Palm Canyon Drive at Amado Road
7. N. Palm Canyon Drive at Andreas Road
8. N. Palm Canyon Drive at Desert Fashion Plaza (Pedestrian Signal)
9. Palm Canyon Drive at Tahquitz Canyon Way
10. S. Palm Canyon Drive at La Plaza
11. S. Palm Canyon Drive at Arenas Road
12. S. Palm Canyon Drive at The Village Green (Pedestrian Signal)
13. S. Palm Canyon Drive at Baristo Road
14. S. Palm Canyon Drive at Ramon Road
15. S. Palm Canyon Drive at Camino Parocela
16. S. Palm Canyon Drive at Sunny Dunes Road
17. S. Palm Canyon Drive at Mesquite Avenue
18, S. Palm Canyon Drive at Morongo Road
19. S. Palm Canyon Drive at E. Palm Canyon Drive
20. E. Palm Canyon Drive at Camino Real
21. E. Palm Canyon Drive at Sunrise Way
22, E; Palm Canyon Drive at Cerritos Road/Smoke Tree Lane
23. E. Palm Canyon Drive at Smoke Tree Commons
24. E. Palm Canyon Drive at Farrell Drive/Barons Road
25, E. Palm Canyon Drive at Araby Drive/Escoba Drive
26. E. Palm Canyon Drive at Auto Center
27. E. Palm Canyon Drive at Cherokee Way
28, N. Indian Canyon Drive at Garnet Avenue
29. N. Indian Canyon Drive at San Rafael Drive
30. N. Indian Canyon Drive at Racquet Club Road
31. N. Indian Canyon Drive at Tachevah Drive
32. N. Indian Canyon Drive at Tamarisk Road
33. N. Indian Canyon Drive at Alejo Road
34. N. Indian Canyon Drive at Amado Road
35, N. Indian Canyon Drive at Andreas Road
36. Indian Canyon Drive at Tahquitz Canyon Way
37. S. Indian Canyon Drive at La Plaza
38. S. Indian Canyon Drive at Arenas Road
39. S. Indian Canyon Drive at Baristo Road
40. S. Indian Canyon Drive at Ramon Road
41. Sunrise Way at San Rafael Drive
42. Sunrise Way at Racquet Club Road
43. Sunrise Way at Via Escuela
44. Sunrise Way at Tachevah Drive
45. Sunrise Way at Alejo Road
46. Sunrise Way at Amado Road
47. Sunrise Way at Tahquitz Canyon Way
EXHIBIT "A-1"
Listing of Signal Equipment
48. Sunrise Way at Baristo Road
49. Sunrise Way at Ramon Road
50. Sunrise Way at Sunny Dunes Road
51. Sunrise Way at Mesquite Avenue
52. Farrell Drive at Via Escuela
53. Farrell Drive at Tamarisk Road
54, Farrell Drive at Alejo Road
55. Farrell Drive at Tahquitz Canyon Way
56. Farrell Drive at Baristo Road
57. Farrell Drive at Ramon Road
58. Farrell Drive at Mesquite Country Club (Pedestrian Signal)
59. Farrell Drive at Mesquite Avenue
60. Tahquitz Canyon Way at Calle Encilia
61. Tahquitz Canyon Way at Calle El Segundo
62, Tahquitz Canyon Way at Avenida Caballeros
63. Tahquitz Canyon Way at Sunset Way
64. Tahquitz Canyon Way at El Cielo Road
65. Ramon Road at Calle Encilia
66. Ramon Road at Avenida Caballeros
67. Ramon Road at Compadre Road
68. Ramon Road at El Cielo Road
69. Ramon Road at El Placer
70. Ramon Road at Paseo Dorotea
71. Ramon Road at Vella Road
72. Ramon Road at San Luis Rey Drive
73. Ramon Road at Crossley Road
74. Dinah Shore Drive at San Luis Rey Drive
75. Dinah Shore Drive at Crossley Road
76. Racquet Club Road at Avenida Caballeros
77. Gene Autry Trail at Via Escuela
78. Vista Chino at Greens Way
79. El Cielo Road at Baristo Road
FLASHING BEACONS
1. Racquet Club Road at Via Miraleste (2) with (2) advance
2. Golf Club Drive at Tahquitz Creek Golf Course (2)
3. Vista Chino at Avenida Caballeros (2)
4. East Palm Canyon Drive at Araby Drive (1)
5. East Palm Canyon Drive at Southridge Drive (1)
6. Murray Canyon Drive at Indian Springs Golf Resort (2)
"IN PAVEMENT" ILLUMINATED CROSS WALKS
1. Amado Road at The Spa Casino
2. Tachevah Drive at Desert Regional Medical Center
TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT
REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC
(dba REPUBLIC ITS)
THIS AGREEM�T FOR CONSULTING SERVICES (the "Agreement") Is made
and entered into this ay of ftf[h— 2009, by and between the City of Palm
Springs, a California charter city and municipal corporation ("City"), and Republic
Intelligent Transportation Services, Inc. (dba Republic ITS), a California corporation,
("Contractor").
RECITALS
A. City has determined that there is a need for routine traffic signal
maintenance services, emergency repair services, non-emergency maintenance and
new equipment upgrade and installation related to the City's traffic signal system,
consisting of 78 traffic signals (as of the date of this Agreement), 5 flashing beacon
assemblies (as of the date of this Agreement), 2 "In Pavement" illuminated cross-walks
(as of the date of this Agreement), traffic signal interconnect systems, and associated
improvements (the "Project").
B. Contractor has submitted to City a proposal to provide traffic signal
maintenance services to City pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is
qualified to provide the necessary services to City for the Project and desires to provide
such services.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, City agrees to retain and does hereby retain Contractor and
Contractor agrees to provide services to the City as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1A Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor shall provide traffic signal maintenance services to City as
described in the Scope of Services/Work attached to this Agreement as Exhibit A
"Scope of Services and Schedule of Performance," and incorporated herein by
reference (the "services" or "work"), which includes the agreed upon schedule of
performance and the schedule of fees. Contractor warrants that all services and work
shall be performed in a competent, professional, and satisfactory manner in accordance
with all standards prevalent in the industry. In the event of any inconsistency between
the terms contained in the Scope of Services/Work and the terms set forth in the main
body of this Agreement, the terms set forth in the main body of this Agreement shall
govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Contractor In accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants
that it has carefully considered how the work should be performed and fully understands
the facilities, difficulties, and restrictions attending performance of the work under this
Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Contractor is an
essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the work of this Agreement according to the agreed upon schedule of
performance set forth in Exhibit A "Scope of Services and Schedule of Performance."
Contractor shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Contractor. Delays
shall not entitle Contractor to any additional compensation regardless of the party
responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. For the services rendered pursuant to this
Agreement, Contractor shall be compensated and reimbursed, in accordance with the
schedule of fees set forth in Exhibit A-2 "Flat Rate Maintenance Schedule", Exhibit A-3
"Labor Schedule", and Exhibit A-4 "Vehicle and Equipment Schedule," which total
amount shall not exceed 200 000.00 within each fiscal year, commencing July 1, 2009,
and any subsequent fiscal year, unless the $200,000 maximum fiscal year amount is
otherwise increased by subsequent action by the City Council. For the purposes of
establishing an initial maximum contract amount for the period commencing April 1,
2009, through June 30, 2009, the total amount shall not exceed $30,000.00 for that
three (3) month period.
City and Contractor hereby acknowledge and agree that the scope of services
required by this Agreement, specifically with regard to "Unscheduled" or "Emergency
Work" as identified on Exhibit A "Scope of Services and Schedule of Performance," is
subject to fluctuation due to factors beyond the City's or Contractor's direct control
(including, but not limited to, the number of vehicle collisions with traffic signal
equipment that require repair or replacement). With the exception of routine "Preventive
Maintenance" as Identified on Exhibit A "Scope of Services and Schedule of
Performance," the annual level of traffic signal maintenance activity required by this
Agreement is unknown, and may significantly increase or decrease from year to year_ In
acknowledgement of the unknown volume of traffic signal maintenance services
required hereunder, City and Contractor hereby acknowledge and agree that there shall
be no specific "Contract Sum", as the term may be used herein this Agreement, other
than the maximum fiscal year amount.
3.2 Method of Payment. In any month in which Contractor wishes to receive
payment, Contractor shall no later than the first working day of such month, submit to
City in the form approved by City's finance director, an invoice for services rendered
prior to the date of the invoice. Payments shall be based on the rates as set forth in
Exhibit A-2 "Flat Rate Maintenance Schedule", Exhibit A-3 "Labor Schedule", and
Exhibit A-4 "Vehicle and Equipment Schedule," for authorized services performed. City
shall pay Contractor for all expenses stated thereon, which are approved by City
consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice.
13 Changes. In the event any change or changes in the Scope of
Services/Work is requested by City, the parties hereto shall execute a written
amendment to this Agreement, setting forth with particularity all terms of such
amendment, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Contractor's
profession.
3.4 Appropriations._ This Agreement is subject to and contingent upon funds
being appropriated therefore by the City Council of City for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit A "Scope of Services and Schedule of Performance." The extension
of any time period must be approved in writing by the Contract Officer.
4.3 Liquidated Damages.
Maintaining the City's traffic signal equipment in accordance with established
standards, such that the equipment functions as designed in a manner that promotes
the public's health, safety and welfare, is the single most important criteria for awarding
this Agreement to the Contractor. The Contractor, in its Proposal, has committed to
providing preventive maintenance of all traffic signal equipment maintained by the City
at a frequency of once every two months; and, has committed to responding to after
hour calls for unscheduled or emergency work ("Extra Work") within two (2) hours of
receiving notification.
It is expressly understood that the experience, knowledge, capability and
reputation of the Contractor, and the Contractors commitment to provide timely traffic
signal maintenance services are a substantial inducement for City to enter into this
Agreement with the Contractor. Therefore, in the event the City observes the
Contractor's inability to meet its commitments made in relation to furnishing traffic signal
maintenance services, certain damages will incur and shall apply to payments due to
the Contractor.
The following liquidated damages clause shall apply to this Agreement:
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a
breach of this Agreement, the Contractor and its sureties shall be liable for and shall
pay to the City the following sums noted herein for each failure or delay in the
performance of the services required hereunder. The City may withhold from any
monies payable on account of services performed by the Contractor any accrued
liquidated damages.
(1) Failure to provide preventive maintenance at any given location once every
two months: $500 per instance
(2) Repetitive calls for service at a single location: $500 per repeated call
(3) Failure to respond to after hour calls for unscheduled or emergency work
("Extra Work"):
Call responded to, technician reports to location 2 to 3 hours after notification:
$1,000
Call responded to, technician reports to location 3 to 4 hours after notification:
$2,500
Call responded to, technician reports to location 4 or more hours after
notification: $5,000
4.4 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Contractor, including, but not limited to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, and unusually severe weather if Contractor shall within ten (10) days
of the commencement of such condition notify the Contract Officer who shall thereupon
ascertain the facts and the extent of any necessary delay, and extend the time for
performing the services for the period of the enforced delay when and if in the Contract
Officer's judgment such delay is justified, and the Contract Officer's determination shall
be final and conclusive upon the parties to this Agreement.
4.5 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall commence on April 1, 2009, through June 30, 2009,
and thereafter continue in full force and effect for a period of three (3) years, from July
1, 2009, and ending on June 30, 2012 ("Original Term").
Ninety (90) days prior to the expiration of the Original Term, the City and
Contractor shall meet to evaluate Contractor's performance during the Original Term.
Upon a determination that the services provided by Contractor meet or exceed the
standards established by the City, at the sole discretion of the Contract Officer, the City
may extend the Original Term for a period of an additional two (2) years, commencing
on July 1, 2012, and ending on June 30, 2014 ("First Extension").
Ninety (90) days prior to the expiration of the First Extension, the City and
Contractor shall meet to evaluate Contractor's performance during the First Extension.
Upon a determination that the services provided by Contractor meet or exceed the
standards established by the City, at the sole discretion of the Contract Officer, the City
may extend the First Extension for a period of an additional two (2) years, commencing
on July 1, 2014, and ending on June 30, 2016 ("Second Extension").
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is
hereby designated as being the principal and representative of Contractor authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: James A. Wagner, Vice President of Engineering.
It is expressly understood that the experience, knowledge, education, capability, and
reputation of the foregoing principal is a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing principal shall be responsible during the term of
this Agreement for directing all activities of Contractor and devoting sufficient time to
personally supervise the services hereunder. The foregoing principal may not be
changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Contractor's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
and Contractor shall refer any decisions that must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Contractor, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Contractor shall not contract with any other individual or entity to perform in
whole or in part the services required hereunder without the express written approval of
City. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Contractor shall perform all services required herein as an independent contractor of
City and shall not be an employee of City and shall remain at all times as to City a
wholly independent contractor with only such obligations as are consistent with that role;
however, City shall have the right to review Contractor's work product, result, and
advice. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
5.5 Personnel. Contractor agrees to assign the following individuals to
perform the services set forth herein. Contractor shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager, the City shall have the unrestricted right to order the removal
of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Steven Teal Southern California Regional Manager
Jill Petrie Project Manager
Calvin Hansen Traffic Signal Technician
Tim Walker Traffic Signal Technician
Fred Bond Traffic Signal Technician
Minh Tran Traffic Signal Engineering Technician
Samson Monte Traffic Signal Technician
Gerardo Anguiano Traffic Signal Technician
Son Le Traffic Signal Technician
Mark Rangel Traffic Signal Technician
Colin Landis Traffic Signal Construction Groundsman
Cecil Terry Traffic Signal Construction Foreman
Pete Yanez Construction Foreman/Crane Operator
Tony Sanchez Utility/Construction Lead
William Eichmann Traffic Signal Construction Foreman
Rafael Gomez Traffic Signal Construction Groundsman
Mike Ortega Traffic Signal Technician
Mike Powers Traffic Signal Engineering Technician
Larry Pardue Traffic Signal Technician
Henry Graves Construction Maintenance Superintendent
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Contractor shall defend (at Contractor's
sole cost and expense), indemnify, protect, and hold harmless City, its elected officials,
officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from
and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and
expenses including legal costs and attorney fees (collectively "Claims"), including but
not limited to Claims arising from injuries to or death of persons (Contractor's
employees included), for damage to property, including property owned by City, from
any violation of any federal, state, or local law or ordinance, and from errors and
omissions committed by Contractor, its officers, employees, representatives, and
agents, which Claims arise out of or are related to Contractor's performance under this
Agreement, but excluding such Claims arising from the negligence or willful misconduct
of the City, its elected officials, officers, employees, agents, and volunteers. Under no
circumstances shall the insurance requirements and limits set forth in this Agreement be
construed to limit Contractor's indemnification obligation or other liability hereunder.
B. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. Contractor shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of
the Contract Officer or upon the termination of this Agreement, and Contractor shall
have no claim for further employment or additional compensation as a result of the
exercise by City of its full rights or ownership of the documents and materials
hereunder. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer.
8.5 Cost Records. Contractor shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement and shall make such materials
available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by City and copies thereof
shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Contractor covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Contractor. Any
waiver by either party of any default must be in writing and shall not be a waiver of any
other default concerning the same or any other provision of this Agreement.
9.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
9.4 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Contractor, except that where termination is due to the fault of
Contractor and constitutes an immediate danger to health, safety, and general welfare,
the period of notice shall be such shorter time as may be determined by the City. Upon
receipt of the notice of termination, Contractor shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Contractor shall be entitled to compensation for all services rendered prior to receipt of
the notice of termination and for any services authorized by the Contract Officer
thereafter. Contractor may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to City_
10. CITY OFFICERS AND EMPLOYEES NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Contractor, or any successor-in-interest, in the
event of any default or breach by City or for any amount which may become due to the
Contractor or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Contractor covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on account of
race, color, creed, religion, sex, marital status, disability, sexual orientation, national
origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by pre-paid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated seventy-two (72) hours from the time of mailing if mailed as provided in
this Section.
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Republic ITS
Attention: James A. Wagner
371 Bel Marin Keys Boulevard
Novato, CA 94949
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"CITY"
City of Palm Springs
Date: K%qk/ c� �Ooq By: —
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: GU /a r J� BY_ = _.
Douglas C. Holland, ;es Thompson,
City Attorney Clerk e
APPROVED DY CITY COUNCIL "CONTRACTOR"
a �� bcl Republic Intelligent Transportation
Services, Inc.,�a California corporation,
(DBA Republ'dITS)
A
Date: By�
(name)
ash
(title)
Date: .�
(name)
(title)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"CITY„
City of Palm Sp 'figs
Date: By:
XiH. Ready
Manager
r"
�J
APPROVED AS TO FORM: `� ATTEST
By: Mir By:
Douglas C. Iland, James Thompson,
City Attor y City Clerk
"CONTRACTOR"
Republic Intelligent Transportation
Services, Inc., a California corporation,
(DBA Republic ITS)
Date: 0 �$-0 �D� By . 1 4-- V� ��(
(name)
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(title)
EXHIBIT "A"
CONTRACTOR'S
SCOPE OF SERVICESMORK
Including,
Schedule of Fees
And
Schedule of Performance
EXHIBIT "A"
Scope of Services and Schedule of Performance
The Contractor shall be required to provide the City with certified personnel, vehicles
and equipment, and materials as necessary to maintain the City's traffic signals and
related equipment, as identified on Exhibit A-1 "Listing of Signal Equipment". The
Contractor shall have the resources and abilities to install various traffic signal poles,
controller cabinets, and other associated equipment. The scope of services includes the
following;
Technical Services and Maintenance Personnel
The Contractor shall have available and readily accessible all required vehicles, tools,
equipment, apparatus, facilities, and materials to perform all work necessary to maintain
the traffic signals and related equipment as listed in this Solicitation in compliance with
current Caltrans standards and specifications.
The Contractor shall be required to perform routine traffic signal maintenance services
at an established flat rate fee per intersection, with additional non-routine maintenance
services compensated at rates established pursuant to the agreed fee schedules, as
identified on Exhibit A-2 "Flat Rate Maintenance Schedule", Exhibit A-3 "Labor
Schedule", and Exhibit A-4 "Vehicle and Equipment Schedule".
The Contractor shall provide regular field preventive maintenance, installation, and
repair of existing controller assemblies and cabinets by qualified personnel that meet or
exceed the following qualifications:
• One Level Three technician with certification by the International Municipal Signal
Association (IMSA) with at least three (3) years experience in traffic signal repairs;
• One Level Two technician with certification by the International Municipal Signal
Association (IMSA) with at least three (3) years experience in traffic signal repairs;
• Familiarity with programming and repair of all traffic signal controllers;
• Proficient in programming of conflict monitors (CMU) and malfunction management units
(MMU);
• Familiarity with basic traffic signal timing principals;
• Proficient with Iteris video detection systems;
• Familiarity with hardwire and wireless communications technology including
troubleshooting, installation and adjustment of external and internal modems;
• Familiarity with various battery back up systems to include installation, programming
and testing procedures, and maintenance;
• Ability to perform cabinet modifications and up-grades as required by the City;
• Technician(s) shall be available by phone 24-hours a day
Special Note: The Contractor shall assign a sufficient number of traffic signal
technicians to the City as may be necessary to provide routine "Preventive
Maintenance" to each traffic signal (once every two months). An inability to provide
routine maintenance to each traffic signal may cause the Contractor to be subject to
liquidated damages pursuant to Section 4.3 "Liquidated Damages" of this Agreement.
The Contractor shall provide a 24-hour service for knock-downs and emergencies.
The Contractor shall provide a radio dispatch truck 24 hours per day.
EXHIBIT "A"
Scope of Services and Schedule of Performance
The Contractor shall have a complete traffic signal laboratory located In southern
California.
The Contractor shall maintain a stock of common replacement parts. The equipment
may include, but is not limited to the following: Model 170E traffic signal controllers,
24VDC Power Supply, MMU's/CMU's, flash transfer relays, load switches, detectors,
Iteris video processors, Iteris video detection units, battery backup system unit,
batteries, LED red/yellow/green lamps, LED pedestrian signals, and pedestrian
activation buttons.
The Contractor may offer alternatives to existing equipment to meet the changing
demand as it occurs, when directed by City.
The Contractor shall perform installations of knockdown replacement signal equipment
including traffic signal poles ranging from Type 1A to Type 60, and to Install traffic signal
controller assemblies, cabinets, electric services, and to install inductive loop detectors.
The Contractor shall assist the City with the recalibrating of traffic signal timing and
progression; timing of traffic signals shall only be changed under the direction of the
City.
The Contractor shall cooperate with the Palm Springs Police Department and
responsible department heads in cases of emergency. The Contractor shall refer all
questions from the public to the City.
The Contractor shall provide professional traffic engineering design services, as
required by the City.
Preventive Maintenance
The Contractor shall provide preventive maintenance for the traffic signal and related
equipment, as identified on Exhibit A-1 "Listing of Signal Equipment". The Contractor
shall furnish and use a preventive maintenance checklist form approved by the City for
each inspection. The Contractor shall provide one electronic copy of the maintenance
checklist to the City following each inspection, to maintain a copy of the maintenance
checklist in the traffic signal controller cabinet, and to maintain a copy of the
maintenance checklist at the Contractor's office of records.
The Contractor shall follow a program of continuing comprehensive maintenance
designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and
extend the useful life of the equipment. The program will include, but not be restricted
to, the following:
Routine Maintenance (Once Every Two Months)
• Preventive Maintenance (PM) Checklist Form: maintain a copy of the Preventive
Maintenance Checklist Form approved by the City at each traffic signal. The PM
Checklist Farm shall be completely filled out during each maintenance inspection
and during any time repairs are made to the traffic signal controller Or any related
EXHIBIT "A"
Scope of Services and Schedule of Performance
equipment in the controller cabinet or the signal equipment at the intersection
(detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles,
etc-)-
Controller Cabinet Mounting: Check the snugness of the nuts on the traffic signal
cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet door
opening by over tightening.
• Controller Cabinet Foundation Seal: If standing water or evidence of water is
present inside the bottom of the cabinet, check the seal between the bottom of the
foundation for deterioration, and to report the need to reseal the cabinet foundation
as necessary.
• Door Gaskets: Check all door gaskets on the controller cabinet, service cabinet and
any other enclosures for evidence of moisture or deterioration. Report the need to
completely replace any gaskets showing signs of leaking or deterioration.
• Cabinet Vents: Check the vents in both the cabinet door and above the door, or at
the top of the cabinet to ensure that they are free of any foreign material. Air Filter:
Vacuum, wash, replace or knock out any dust accumulated in air filters. Take
appropriate action based on the condition of the filter.
• Cabinet Fan: Verify that cabinet fan(s) operate properly with a minimum of noise.
• Thermostat: Verify that the cabinet fan thermostat is set at 96 degrees.
• Interior Light: Verify the proper operation of the cabinet's interior light.
• Door Panel Harnesses: Check the harnesses leading from the main panel 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.
• 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.
Vacuum Cabinet: Blow or brush off shelves, terminal blocks and components and
thoroughly vacuum the interior of the cabinet.
• Insect or Rodent Infestation: Check for signs of ants, wasps or other insects or
rodents within the cabinet. Use appropriate insect traps or powders if any positive
findings are discovered. More serious problems shall be reported to the City.
• Cabinet Grounding: Using appropriate equipment, check annually the resistance
between AC and ground.
• Service Connections: Verify the neutral, ground and power connections are secure
in the controller and service cabinets.
• Plug-In Components: Check that each plug-in component (rack mount detectors,
relays, load switches, etc.) fits tightly and securely,
Ground Fault Receptacle: Verify the proper operation of "Test" and "Reset" buttons
on GFCI type outlets.
• Intersection Records: Ensure that all intersection cabinet wiring diagrams are
present and up to date.
• Controller Operation: Manually place vehicle and pedestrian calls on each phase
through the cabinet test switches or the controller keypad, to verify controller
servicing of each active phase. Check controller logs for any faults that have
occurred and make note for the file- Verify signal timing is current with timing sheet
in cabinet. Confirm controller time and dates are correct- (Especially after day light
savings time change).
• Conflict Monitor/Malfunction Management Unit: Verify time and dates are correct in
any CMU/MMU with an internal clock.
EXHIBIT "A"
Scope of Services and Schedule of Performance
Detector Operation (inductive loops): Verify the detection zones for each detector by
observing the turn-on of the appropriate detection indicator as a vehicle passes over
the detector Ioop(s). Check also that a call is placed on the correct controller phase.
• Detector Operation (video detection): Verify camera operation by monitoring the
vehicle call on the video controller unit. Also, verify the calls going to the detector
call page in the controller.
• Equipment Displays and Indicators: Verify that all LED and LCD displays and
indications on all cabinet equipment are working properly.
• Pre-Emption Devices: Test any pre-emption devices for proper operation.
• System Telemetry: Check the operation of telemetry on controller display and
phone modem, if equipped, located in the cabinet. Report any malfunction
immediately.
• Battery Back-Up System: Check battery back up display for AC IN, UPS OUTPUT,
and INVERTER indications. All should be on when utility power is supplied to the
cabinet. Also, check battery level and load level displays. Test batteries quarterly.
Make note if either is out of range. Keep records of events recorded and total
battery run time between maintenance checks to help indicate problem intersections.
• Check all battery connections to ensure they are clean and secure.
• Safety Lighting (Night Check): Institute a routine night time check of safety lights and
illuminated street name signs at all signalized intersections every other month and
submit a report and an estimate for any repairs necessary to the City for approval.
Intersection Walk-Around (included as a part of Routine Maintenance once every two
months):
• General: Remove any easily removed, unauthorized signs, stickers and posters and
note any graffiti existing on signal poles or equipment. Notify City of any graffiti
observed on traffic signal equipment.
• Signal Heads: Verify that all vehicle and pedestrian heads properly display all
indications and the signals are not damaged. Verify the alignment of all heads to the
intended direction. Verify that all back plates, visors and doors are visibly secure.
Report any landscaping that restricts the view of signal heads to the City (Signal
heads should be visible from 250 feet). Labor and material costs to replace
malfunctioning displays with Caltrans approved LED units will be paid in addition to
the established flat rate fee per intersection.
• Pedestrian Equipment: Check all pedestrian push buttons (and bicycle push buttons
where provided) and signals by hand to ensure that they are securely mounted and
operating properly. Replace damaged or malfunctioning buttons with larger size
ADA type buttons as necessary.
• Internally illuminated street name signs (IISNS): Verify that the IISNS is adequately
connected to frame, clamp and brackets, and no panel is broken or missing.
• Miscellaneous: Check all detector loops for sealant deterioration, exposed wire, etc.
Semi-Annual Maintenance:
• Uninterrupted Power Supply (Back-Up) System:
1. Load test all batteries and record on paper and with silver marking pen on each
battery the date and load test results.
2. Perform 15 minute test.
EXHIBIT "A"
Scope of Services and Schedule of Performance
3. Verify bypass switch is operating properly
4. Verify unit is set for 50% fully operational and 50% red flash.
5. Inspect and test battery charging system.
• Video Detection System: Clean and polish video detection camera lenses and
service power supply cable.
• Signal Lenses and Signs: Clean and polish all signal lenses and reflectors, align all
signal heads and adjust all mast arm mounted street name signs.
• Terminal Connections: Test, semi-annually or following any wiring repair, each
terminal screw by backing off slightly then retightening to confirm that it is secure.
• Check: all pull boxes for structural defects, insect or rodent infestations, and properly
secured lids.
• Verify timing charts to controllers. If they are not correct contact City staff to verify
differences.
• Report significant areas of rust on cabinet exterior and signal poles to City staff.
Records:
Intersection Records
(a) Inventory List: Maintain an inventory list of the equipment in the controller cabinet at
each location. The Inventory list shall include the model, manufacture, serial number
and quantity of each piece of equipment and installation date. The inventory list
shall be continually updated and a copy shall be furnished to the City every six
months.
(b) Preventive Maintenance (PM) Checklist Form: Maintain a copy of the Preventive
Maintenance Checklist Form approved by the City at each intersection. The PM
checklist form shall be completely filled out during each routine maintenance
inspection and during any time repairs are made to the controller or any related
equipment In the controller cabinet or the signal equipment at the intersection
(detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles,
etc.).
Monthly Activity Report
Provide a computerized monthly activity report to the City by the fifteenth working day of
each month for the previous month. The report shall be provided both as a printout and
as a Microsoft Excel Spreadsheet compatible computer file transmitted by e-mail or on a
media storage unit (CD or Flash Drive) and shall Include the following:
(a) Time the service calls were received, time arrived at the intersection, the response
time, the number of hours spent for each repair, materials used, and a special listing
of intersections with three or more calls in one month.
(b) A complete record of all work that was performed on the traffic signal equipment
during the previous month including the make, model, and serial number of any
major components or other equipment that was newly installed at each intersection.
(c) Time and date the PM work was performed.
EXHIBIT "A"
Scope of Services and Schedule of Performance
Pending Repair List
Provide a monthly report of all pending repair work needed at each intersection.
Compensation for all routine "Preventive Maintenance" work identified above will be
paid at the established flat rate fee per intersection for those intersections maintained in
any given month, in accordance with Exhibit A-2 "Flat Rate Maintenance Schedule".
(For clarification, each intersection will be billed to the City no more than once every
other month for routine preventive maintenance work). No additional, or separate
payment will be made for labor and materials, vehicles, equipment, or for daily
travel time from the Contractor's base of operations to the City. The flat rate fee
per intersection represents total compensation for all routine preventive
maintenance work as described herein, unless additional or separate payment for
repairs or unscheduled/emergency work is otherwise authorized.
Special Note: The Contractor shall assign a sufficient number of traffic signal
technicians to the City as may be necessary to provide routine "Preventive
Maintenance" to each traffic signal, as required by this Agreement. The City expects
traffic signal technicians to be regularly assigned to the City as necessary to provide
routine preventive maintenance, and to respond to unscheduled/emergency work
("Extra Work") during regular working hours (8:00 AM to 5:00 PM, Monday through
Friday). An inability to provide maintenance to each traffic signal every other month
may cause the Contractor to be subject to liquidated damages pursuant to Section 4.3
"Liquidated Damages" of this Agreement.
"In Pavement" Illuminated Crosswalks
The Contractor shall provide preventive maintenance for the "In Pavement" illuminated
crosswalks, as identified on Exhibit A-1 "Listing of Signal Equipment The Contractor
shall furnish and use a preventive maintenance checklist form approved by the City for
each inspection. The Contractor shall provide one electronic copy of the maintenance
checklist to the City following each inspection, and to maintain a copy of the
maintenance checklist at the Contractor's office of records.
The Contractor shall follow a program of continuing comprehensive maintenance
designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and
extend the useful life of the equipment. The program will include, but not be restricted
to, the following:
Routine Maintenance (Once Every Two Months)
• Verify pedestrian detection systems (push button or bollards) are operating properly.
• Check the snugness of the pole mounted cabinet. Make sure interior of cabinet is
free of water, ants, and other potential harmful substances.
• Visibly check all mounted LED signs and advance warning LED signs for
deterioration, proper mounting, alignment and operation. Report any landscaping
that restricts the view of signs to the City.
Note number of actuation on controller display.
EXHIBIT "A"
Scope of Services and Schedule of Performance
• Check all in pavement LED displays to ensure that they are secure and operating
properly. Replace damaged or malfunctioning in pavement LED displays as needed.
• Check in pavement LEDs for sealant deterioration, exposed wire, etc.
Compensation for all routine "Preventive Maintenance" work identified above will be
paid at the established flat rate fee per location for those locations maintained in any
given month, In accordance with Exhibit A-2 "Flat Rate Maintenance Schedule". (For
clarification, each location will be billed to the City every other month for routine
preventive maintenance work). No additional, or separate payment will be made for
daily travel time from the Contractor's base of operations to the City.
Traffic Signal Interconnect Systems
Provide a quarterly (i.e. every three months) systems check to ensure traffic signal
interconnect systems function in accordance with the timing plans. Investigate and
determine causes for any performance issues (i.e. faulty pedestrian bush buttons, faulty
vehicle detection, faulty communication, etc.), and recommend appropriate repairs
necessary for system operation in accordance with the timing plan. Repairs necessary
to improve the function of traffic signal interconnect systems shall be compensated as
"Extra Work".
Special Note; Maintenance of the traffic signal interconnect systems is a critical
component of the City's required services. The Contractor shall have qualified traffic
signal technicians that have demonstrated experience in maintaining traffic signal
interconnect systems, with a proven ability to troubleshoot and diagnose problems with
the efficient operation of these systems.
Compensation for all traffic signal interconnect systems maintenance work identified
above will be considered as included the established flat rate fee paid per intersection
for routine "Preventive Maintenance" work, in accordance with Exhibit A-2 "Flat Rate
Maintenance Schedule". No additional, or separate payment will be made for
monitoring the function and operation of traffic signal interconnect systems.
Compensation for any necessary repairs to traffic signal interconnect systems will be
paid as "Extra Work".
Underground Service Alert (Dig Alert) Monitoring
The Contractor shall adequately mark all traffic signal conduit and equipment on behalf
of the City in accordance with California Government Code Section 4216 et seq, The
City's designated representative will monitor notifications submitted by Underground
Service Alert (USA) to the City, and will furnish applicable notifications to a
representative of the Contractor to coordinate the marking of any signalized
intersections that may be scheduled for construction work or excavations as evidenced
by notification from USA. The Contractor shall establish a process for monitoring and
tracking the marking of any affected intersections; an intersection record log shall be
created, with the USA notification and corresponding action noted in the controller, with
a copy provided to the City. The Contractor shall assume all liability for satisfying the
City's obligations to adequately identify underground structures in accordance with this
law.
EXHIBIT "A"
Scope of Services and Schedule of Performance
Compensation for providing USA — Dig Alert services identified above will be paid at a
flat rate per occurrence in accordance with Exhibit A-2 "Flat Rate Maintenance
Schedule". No additional, or separate payment will be made for daily travel time
from the Contractor's base of operations to the City.
Unscheduled Maintenance of Traffic Signal Control Equipment
Unscheduled/emergency work includes, but is not limited to the following:
Downed signal heads, poles, damaged controller and cabinet, damaged internally
illuminated street name signs, damaged inductive loops, sensing elements, pedestrian
push buttons, electroliers, pedestrian signal heads, wiring, and other operational
equipment related issues.
Assisting the City for special events or for City construction projects, as necessary to
implement revised traffic signal timing and phasing for changed traffic conditions.
Special Note: The City of Palm Springs is exposed to high winds during certain
periods of the year. During high winds, the Contractor shall establish a process for
checking that all internally illuminated street name signs (IISNS) are adequately
connected to frame, clamp and brackets and are not freely swinging from the signal
mast arm. An inspection and maintenance program shall be established to avoid the
frequency of IISNS being blown free of their connection to the signal mast arm during
high winds, resulting in calls for unscheduled/emergency work.
Repair, replace or otherwise render in good working order any and all defective parts of
the traffic signal equipment with like make and model parts for temporary and
permanent replacements, except as individually agreed upon by the City.
City shall provide materials for permanent repairs, except for those common stock
materials the Contractor maintains on-hand and uses in the repair or replacement of
City equipment. The City shall reimburse the Contractor for materials used for
permanent repairs, in an amount equal to the cost of the materials including the agreed
mark-up price.
No permanent change of control mechanisms shall be done without prior approval of
the City. Whenever equipment is removed from the controller cabinet, the City shall be
notified by phone within 24 working hours, except weekends and holidays.
Notify the City in advance of any traffic signal de-activations that may be required to
provide the required services. Traffic signal de-activations shall not be scheduled
without the approval of an authorized representative of the City. All traffic signal
controller equipment shall be maintained as recommended by the manufacturer.
The Contractor shall cover the cost for replacing any parts to the controller mechanisms
under the provisions of the preventive maintenance program. When entire controller
mechanisms become obsolete or are deteriorated beyond repair, report such conditions
to the City and provide satisfactory evidence that replacement is necessary. Prepare
EXHIBIT `°A"
Scope of Services and Schedule of Performance
estimates showing the cost breakdown of material and labor for replacement of such
controller mechanisms and submit this information to the City. Replacement of an
entire controller mechanism, if ordered by City, shall be paid for as "Extra Work
°Extra Work" includes, but is not limited to the following:
• Traffic Signal and Pedestrian Signal Indications: Replace or repair standard traffic
signals (red, yellow and green) and pedestrian signal display units as they
malfunction upon authorization from the City. All traffic signal and pedestrian
indications shall be Caltrans approved LED units only,
• Unscheduled Maintenance: Respond within two (2) hours after City's notice of the
following events:
(1) Any signal controller malfunction;
(2) Burned out red or green ball or arrow display;
(3) Other situations that is potentially hazardous to public safety
The replacement of burned-out lamps need not be on an after hours "emergency'
basis provided that there is one (1) such signal indication still operative for each
direction of travel. Such replacements will be completed within twenty-four (24)
hours. Notify the City within twenty-four (24) hours of any change in traffic signal
operation caused by controller replacement, timing changes, and loss of master
control or traffic collisions.
Maintenance activities that require periodic replacement of minor parts will not
require City approval.
Replacement of controllers, cameras, and battery backup systems will require
approval of City staff prior to replacement. Serial number of unit removed will be
recorded and the unit delivered to the City Yard.
Emergency calls that require replacement of equipment will not require approval
from City before such replacements are commenced. Additional staffing shall be
provided where responding technician cannot handle emergency work alone
(knockdowns, wire pulls, etc.).
Maintain a single local telephone where an on-call traffic signal technician can be
reached twenty-four (24) hours per day. This telephone number will be made
available to all persons designated by the City.
Monitoring Emergency Calls: At the time the on-call traffic signal technician is
notified of an emergency by the City, he will call the designated City representative.
If the designated representative is not available, the following numbers are available
to verify that the on-call traffic signal technician has received the call:
TIME TELEPHONE NO.
8:00 AM — 5:00 PM (760) 323-8253, Public Works Department
EXHIBIT "A"
Scope of Services and Schedule of Performance
5:00 PM — 8:00 AM After hour telephone numbers will be provided in
accordance with an established Traffic Signal Service
Call Procedure
Upon completion of emergency work, contact the above telephone numbers and inform
the City that the emergency work has been completed.
Compensation for unscheduled maintenance work identified above will be paid at the
hourly labor rates, and vehicle and equipment rates, in accordance with Exhibit A-3
"Labor Schedule", and Exhibit A-4 "Vehicle and Equipment Schedule". Compensation
for travel time shall be included in the payment for unscheduled or emergency
work for those calls originating between 5.00 PM to 8:00 AM, for the actual travel
time to the City, up to a two (2) hour maximum.
Upgrades
The Contractor shall maintain any additional traffic signals and appurtenant devices as
they are installed, or become a part of the maintenance requirements of the City.
Upgrade work may include but is not limited to the following:
• Replacement of existing non-operative equipment as needed;
• Enhancing equipment as needed or warranted;
• Installation of new controller equipment, signal cabinets, video cameras, signal
heads, signal poles, battery backup systems, new software, and software updates,
and related wiring;
• When requested by the City, install, modify or upgrade traffic signals or electrical or
mechanical traffic control or traffic safety devices;
No upgrade work shall be commenced or undertaken unless authorized by the City.
Said authorization is a condition precedent to receiving any reimbursement for upgrade
work. Work shall be performed in accordance with the Standard Plans (current) and
Section 86 of the Standard Specifications (current) for the State of California,
Department of Transportation and the City of Palm Springs special provisions. This
work shall be performed within a time limit established by the City and for a mutually
agreed upon price.
City will retain the right to perform any additional work by use of City forces or, in the
alternative, to advertise such work for bids.
New Traffic Signals
The Contractor shall be required to coordinate with the City's designated representative
on any new traffic signals installed by another contractor under contract with the City
("City Installed Traffic Signal"), or by another contractor under contract with a private
party ("Developer Installed Traffic Signal"). The City shall assume all responsibility for
coordinating construction inspection of new traffic signals, whether a City Installed
Traffic Signal or a Developer Installed Traffic Signal, up to, but prior to, final acceptance
EXHIBIT "A"
Scope of Services and Schedule of Performance
of work and traffic signal activation. When requested by the City, the Contractor shall
coordinate with the City's designated representative when notified that a new traffic
signal is to be activated. The Contractor shall participate in a walk-through of the new
traffic signal improvements with the City's designated representative to determine that
the new traffic signal improvements will function as designed. When scheduled, the
Contractor shall attend the traffic signal activation, and shall participate in confirming
that all components of the new traffic signal improvements are operational with the
City's designated representative and the installing contractor. The Contractor will be
responsible for assuming maintenance responsibilities for all new traffic signals
following activation.
Compensation for reviewing new traffic signals as identified above will be paid at the
hourly labor rates, and vehicle and equipment rates, in accordance with Exhibit A-3
"Labor Schedule", and Exhibit A-4 "Vehicle and Equipment Schedule".
Warranty Service
During the period of warranty, the Contractor shall coordinate all communication
between manufacturer, installing contractor and the City regarding any warranty service;
and to notify the City of any undue delays in response by the manufacturer or installing
contractor and details of each incident.
No additional, or separate, compensation shall be paid for warranty service work, which
shall be considered as included in the compensation paid for services provided in
relation to "Upgrade Work" or "Traffic Signal Inspection".
Meetings
The assigned traffic signal technician shall be available to meet with the City's
designated representative on a weekly basis at a mutually agreed upon time and place
in the City to review each week's maintenance activities. The assigned traffic signal
maintenance supervisor shall be similarly available to meet with the City's designated
representative on a monthly basis.
No additional, or separate, compensation shall be paid for attending meetings, which
shall be considered as included in the compensation paid for all the various services
provided hereunder.
EXHIBIT "A-1"
Listing of Signal Equipment
TRAFFIC SIGNALS
1. N. Palm Canyon Drive at Tachevah Drive
2. N. Palm Canyon Drive at Tamarisk Road
3_ N. Palm Canyon Drive at Granvia Valmonte
4. N. Palm Canyon Drive at Alejo Road
5. N. Palm Canyon Drive at Amado Center (Pedestrian Signal)
6. N. Palm Canyon Drive at Amado Road
7. N. Palm Canyon Drive at Andreas Road
8. N. Palm Canyon Drive at Desert Fashion Plaza (Pedestrian Signal)
9. Palm Canyon Drive at Tahquitz Canyon Way
10. S. Palm Canyon Drive at La Plaza
11. S. Palm Canyon Drive at Arenas Road
12. S. Palm Canyon Drive at The Village Green (Pedestrian Signal)
13. S. Palm Canyon Drive at Baristo Road
14. S. Palm Canyon Drive at Ramon Road
15. S. Palm Canyon Drive at Camino Parocela
16. S. Palm Canyon Drive at Sunny Dunes Road
17. S. Palm Canyon Drive at Mesquite Avenue
18. S. Palm Canyon Drive at Morongo Road
19. S. Palm Canyon Drive at E. Palm Canyon Drive
20. E. Palm Canyon Drive at Camino Real
21. E, Palm Canyon Drive at Sunrise Way
22. E. Palm Canyon Drive at Cerritos Road/Smoke Tree Lane
23. E. Palm Canyon Drive at Smoke Tree Plaza
24. E. Palm Canyon Drive at Farrell Drive/Barona Road
25. E. Palm Canyon Drive at Araby Drive/Escoba Drive
26. E. Palm Canyon Drive at Auto Center
27. E. Palm Canyon Drive at Cherokee Way
28. N. Indian Canyon Drive at Garnet Avenue
20. N. Indian Canyon Drive at San Rafael Drive
30. N. Indian Canyon Drive at Racquet Club Road
31. N. Indian Canyon Drive at Tachevah Drive
32. N. Indian Canyon Drive at Tamarisk Road
33. N. Indian Canyon Drive at Alejo Road
34. N. Indian Canyon Drive at Amado Road
35. N. Indian Canyon Drive at Andreas Road
36. Indian Canyon Drive at Tahquitz Canyon Way
37. S. Indian Canyon Drive at La Plaza
38. S. Indian Canyon Drive at Arenas Road
38, & Indian Canyon Drive at Baristo Road
39. S. Indian Canyon Drive at Ramon Road
40_ Sunrise Way at San Rafael Drive
41. Sunrise Way at Racquet Club Road
42. Sunrise Way at Via Escuela
43. Sunrise Way at Tachevah Drive
44. Sunrise Way at Alejo Road
45, Sunrise Way at Amado Road
46. Sunrise Way at Tahquitz Canyon Way
EXHIBIT "A-1"
Listing of Signal Equipment
47. Sunrise Way at Baristo Road
48. Sunrise Way at Ramon Road
49. Sunrise Way at Sunny Dunes Road
50. Sunrise Way at Mesquite Avenue
51. Farrell Drive at Via Escuela
52. Farrell Drive at Tamarisk Road
53. Farrell Drive at Alejo Road
54. Farrell Drive at Tahquitz Canyon Way
55. Farrell Drive at Baristo Road
56_ Farrell Drive at Ramon Road
57. Farrell Drive at Mesquite Country Club (Pedestrian Signal)
58. Farrell Drive at Mesquite Avenue
59. Tahquitz Canyon Way at Calle Encilia
60. Tahquitz Canyon Way at Calle El Segundo
61_ Tahquitz Canyon Way at Avenida Caballeros
62. Tahquitz Canyon Way at Sunset Way
63. Tahquitz Canyon Way at El Cielo Road
64. Ramon Road at Calle Encilia
65. Ramon Road at Avenida Caballeros
66. Ramon Road at Compadre Road
67. Ramon Road at El Cielo Road
68. Ramon Road at El Placer
69. Ramon Road at Paseo Dorotea
70. Ramon Road at Vella Road
71. Ramon Road at San Luis Rey Drive
72. Ramon Road at Crossley Road
73. Dinah Shore Drive at San Luis Rey Drive
74. Dinah Shore Drive at Crossley Road
75. Racquet Club Road at Avenida Caballeros
76. Gene Autry Trail at Via Escuela
77. Vista Chino at Greens Way
78. El Cielo Road at Baristo Road
FLASHING BEACONS
1, Racquet Club Road at Via Miraleste (2)with (2) advance
2. Golf Club Drive at Tahquitz Creek Golf Course (2)
3. Vista Chino at Avenida Caballeros (2)
4. East Palm Canyon Drive at Araby Drive (1)
5. East Palm Canyon Drive at Southridge Drive (1)
"IN PAVEMENT" ILLUMINATED CROSS WALKS
1. Amado Road at The Spa Casino
2. Tachevah Drive at Desert Regional Medical Center
EXHIBIT "A-2"
Flat Rate Maintenance Schedule of Fees
TRAFFIC SIGNAL PREVENTIVE MAINTENANCE - FLAT RATE:
Preventive maintenance (once every two months) at a "Flat Rate" amount per
intersection for those signalized intersections listed as listed in this Solicitation
regardless of facilities: $15,00.
FLASHING BEACON PREVENTIVE MAINTENANCE - FLAT RATE:
Preventive maintenance (once every two months) at a "Flat Rate" amount per
intersection for those flashing beacon assemblies listed as listed in this Solicitation
regardless of facilities: jg5.00.
"IN PAVEMENT" ILLUMINATED CROSS WALK PREVENTIVE MAINTENANCE - FLAT
RATE:
Preventive maintenance (once every two months) at a "Flat Rate" amount per location
for those "In Pavement" illuminated cross walks listed as listed in this Solicitation:
65.00,
USA— DIG ALERT SERVICES - FLAT RATE:
Underground Service Alert (USA) "Dig Alert" services at a "Flat Rate" amount per
intersection per occurrence: $175.00.
EXHIBIT "A-3"
Labor Schedule of Fees
UNSCHEDULED/EMERGENCY WORK ("EXTRA WORK"):
Hourly Hourly
Straight Time Overtime
Operations Superintendent
All repair work, both field and laboratory, subject to his approval 85.00 1$ 18.00
and direction.
Engineering Technician
Provides liaison, assists traffic engineer on systems and 8$ 5.00 $118.00
provides technical data.
Crew Leader
Primary duties are to field troubleshoot and repair field wiring, 85.00 $118.00
cabinet wiring, controllers, and perform routine duties of
preventive maintenance.
Traffic Signal Technician — Field
Primary duties are to field troubleshoot and repair field wiring, 79.00 110.00
cabinet wiring, controllers, and perform routine duties of
preventive maintenance.
Traffic Signal Technician — Laborato[y
Performs complete repair and maintenance of all controllers, 79.00 1$ 10.00
detectors, and associated devices that are brought from the
field for repairs.
Traffic Signal Person
Primary duties are as directed by lead person in assisting field 60.00 8$ 5.00
technicians and accomplishing preventive maintenance
procedures as directed.
Traffic Signal Laborer
Primary duties are to assist the signalman and crew in $60.00 8$ 6.00
knockdown repairs and field modifications as directed.
Engineering Hourly Rates (to be applied to authorized professional traffic engineering services):
Principal Engineer: $190.00 per hour
Senior Traffic Engineer: $175 00 per hour
Associate Traffic Engineer: $155.00 per hour
Assistant Engineer: $125,00 per hour
Senior Engineering Technician and Truck: $115.00 per hour
CARD Technician: $95.00 per hour
Special Note: The flat rate fee per intersection represents total compensation for all labor and
materials necessary to provide routine "Preventive Maintenance" work as described herein; in
responding to unscheduled/emergency work ("Extra Work") during regular working hours
(8:00 AM to 5:00 PM, Monday through Friday), travel time shall only apply if the traffic signal
technician is not already working within the City of Palm Springs at the time of the call for
"Extra Work." There shall be no payment for travel time within the City of Palm Springs.
EXHIBIT "A-4"
Vehicle and Equipment Schedule of Fees
PERSONNEL VEHICLE 1$ 5.00 per Hour
PICKUP TRUCK $15.00 per Hour
SERVICE TRUCK $15.00 per Hour
PAINT RIG TRUCK $25.00 per Hour
TELSTA TRUCK $28.00 per Hour
(Hydraulic type - man lift)
AIR COMPRESSOR $10.00 per Hour
WATER TRUCK 15.00 per Hour
BIG CONCRETE SAW $10.00 per Hour
Any equipment not listed will be charged per current Caltrans equipment rates. The
City will pay a maximum travel time of one hour in each direction.
Material Mark-Up
Material mark-up will not exceed 15% of supplier's invoice price (cost) that will be
furnished to the City in any cost proposal for unscheduled/emergency work ("Extra
Work"), or upgrades.
Special Note: The flat rate fee per intersection represents total compensation for
all vehicles and equipment necessary to provide routine "Preventive
Maintenance" work as described herein, unless additional or separate payment
for repairs or unscheduled work is otherwise authorized.
EXHIBIT "A-5"
Special Notes Regarding Schedule of Fees
Payment Processing
All payments will be made within thirty (30) days after an invoice has been approved for
payment by the City's designated representative, who has reviewed written verification
of the actual compensation earned. Copies of all invoices for materials and supplies
included on a payment request are required. For cost accounting purposes, said written
verification shall be provided to the City as both a computerized printout and as a
Microsoft Excel compatible computer file on a media storage device (CD or Flash Drive)
in a form satisfactory to the City. Payment will be made no more frequently than
monthly, however, invoices must be submitted at least quarterly (i.e. every three
months). All payments shall be made in accordance with this Schedule of Fees.
Automatic Adiustment of Fees
Commencing on July 1, 2010, the cost for services identified herein will be adjusted
automatically based on the Consumer Price Index for "All Urban Consumers", Los
Angeles (All Items, 1982-1984 = 100) established by the U.S. Department of Labor,
Bureau of Labor Statistics, for the period of May 2009 to May 2010, to establish the
adjusted schedule of fees commencing on July 1, 2010. Subsequently, costs for
services identified herein will be adjusted automatically for each subsequent fiscal year
on July 1, in the same manner as provided herein.
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
EXHIBIT "B"
Insurance Requirements
Contractor shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Contractor's performance under
this Agreement. Contractor shall also carry workers' compensation insurance in
accordance with California workers' compensation laws. Such insurance shall be kept
in full force and effect during the term of this Agreement, including any extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
City of any proposed cancellation. Certificates of insurance evidencing the foregoing
and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to
and approved by City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the
same shall not be construed as a limitation of Contractor's obligation to indemnify City,
its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder shall be as follows-
1. Comprehensive general liability and personal injury with limits of at
least one million dollars ($1,000,000.00) combined single limit coverage per occurrence
and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million
dollars ($1,000,000.00) per occurrence;
3. Workers' Compensation insurance in the statutory amount as
required by the State of California and Employer's Liability Insurance with limits of at
least one million dollars $1 million per occurrence. If Contractor has no employees,
Contractor shall complete the City's Request for Waiver of Workers' Compensation
Insurance Requirement form.
For any claims related to this Agreement, Contractor's insurance coverage shall
be primary insurance as respects City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be
in excess of Contractor's insurance and shall not contribute with it. For Workers'
Compensation and Employer's Liability Insurance only, the insurer shall waive all rights
of subrogation and contribution it may have against City, its elected officials, officers,
employees, agents, and volunteers.
B. SufFciencV of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best's Key Rating
of B++, Class VII, or better, unless otherwise acceptable to the City.
C. Verification of Coverage. Contractor shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements,
effecting all of the coverages required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
EXHIBIT "B"
Insurance Requirements
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Contractor's insurers to provide
complete, certified copies of all required insurance policies at any time_ Additional
insured endorsements are not required for Errors and Omissions and Workers'
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1_ "The City of Palm Springs, its officials, employees, and agents are named
as an additional insured..." ("as respects City of Palm Springs Contract No. " or "for
any and all work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract Na" or
"for any and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of City, its elected officials, officers,
employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a
person with authority to bind coverage, whether that is the authorized agent/broker or
insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Contractor's obligation to provide them.
D, Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City prior to commencing
any work or services under this Agreement. At the option of the City, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, Contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses. Certificates of Insurance must include evidence
of the amount of any deductible or self-insured retention under the policy. Contractor
guarantees payment of all deductibles and self-insured retentions.
EXHIBIT "B"
Insurance Requirements
E. Severability of Interests (Separation of Insureds). This insurance
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the insurer's liability.