HomeMy WebLinkAboutContracts & Agreements_27-1981_CCv0001.pdf TRAFFIC SIGNAL TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT , MADE AND ENTERED INTO THIS FIRST DAY OF
SEPTEMBER, 1981 , BY AND BETWEEN THE CITY OF REDLANDS, A MUNICIPAL
CORPORATION OF THE STATE OF CALIFORNIA, HEREINAFTER CALLED "CITY" ,
AND GORDON YOUNG ASSOCIATES , HEREINAFTER CALLED "PROFESSIONAL" .
W I T N E S S E T H
WHEREAS , THE CITY HEREBY ENGAGES THE SERVICES OF THE PRO-
FESSIONAL , AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN
CONTAINED, THE PARTIES AGREE AS FOLLOWS :
TERM
1 . THIS AGREEMENT SHALL BE FOR A PERIOD OF TWELVE (12)
MONTHS , COMMENCING ON SEPTEMBER 15 , 1981 , AND ENDING ON SEPTEMBER
14 , 1982 , AND MAY BE TERMINATED BY EITHER PARTY BY GIVING NINETY
DAYS WRITTEN NOTICE TO THE OTHER PARTY .
SERVICES AND FEES
2 . PROFESSIONAL SHALL PROVIDE THE FOLLOWING SERVICES :
A. PROFESSIONAL SHALL ACCOMPANY CITY MAINTENANCE
PERSONNEL ON A QUARTERLY INSPECTION OF ALL SIGNALIZED
INTERSECTIONS . AS PART OF SAID INSPECTION, PRO-
FESSIONAL SHALL ASSIST CITY PERSONNEL WITH REPAIRS AS
REQUIRED AND PROVIDE INSTRUCTIONN ON ALL ASPECTS OF
SIGNAL OPERATIONS AND MAINTENANCE .
B . PROFESSIONAL SHALL AT THE CONCLUSION OF EACH QUARTERLY
INSPECTION, SUBMIT TO CITY , A REPORT IN WRITING , ON THE
CURRENT STATUS OF EQUIPMENT AND THE OPERATION OF EACH
SIGNALIZED INTERSECTION. (REFERENCE APPENDIX) .
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C. PROFESSIONAL SHALL MAINTAIN A COMPUTER FILE REFLECTING
TIMING , PHASING AND INVENTORY OF EACH SIGNALIZED INTER-
SECTION . PROFESSIONAL SHALL ALSO MAINTAIN TIMING
CHARTS AND MAINTENANCE LOGS FOR EACH SIGNALIZED INTER-
SECTION. A COPY OF SAID FILE SHALL BE MADE AVAILABLE
TO CITY.
D. PROFESSIONAL SHALL BE AVAILABLE TO PROVIDE TECHNICAL
INFORMATION AS REQUIRED ON A 24-HOUR BASIS BY TELEPHONE .
3 . THE FEE FOR THE ABOVE SERVICES FOR THE FIRST YEAR SHALL BE
$3 , 200 . 00 PER YEAR. CITY SHALL BE BILLED QUARTERLY AND SHALL PAY 2S%
OF SAID AMOUNT EACH QUARTER. ALL FEES FOR SERVICES SHALL BE REVIEWED
ON AN ANNUAL BASIS AND ANY AMENDMENTS SUBJECT TO THE APPROVAL OF THE
DIRECTOR OF PUBLIC WORKS .
4 . IN ADDITION TO THE ABOVE SERVICES , THE FOLLOWING SERVICES ARE
ALSO AVAILABLE TO CITY AT AN HOURLY RATE . CITY SHALL AUTHORIZE ALL
EXTRA WORK PRIOR TO ANY EXTRA WORK BEING PERFORMED.
A. PROFESSIONALL` REVIEW PLANS AND SPECIFICATIONS INVOLVING
CHANGES TO EXISTING SIGNALIZED INTERSECTIONS OR THE
INSTALLATION OF NEW SIGNALIZED INTERSECTIONS AND MAKE
RECOMMENDATIONS RELATED THERETO AT THE RATE OF $1S . 00
PER HOUR.
B. PROFESSIONAL WILL REPAIR TRAFFIC CONTROLLERS AND APPUR-
TENANT EQUIPMENT AT THE RATE OF $25 . 00 PER HOUR, PLUS
COST OF PARTS , SHIPPING COSTS AND APPLICABLE TAXES .
C. PROFESSIONAL WILL MAKE EMERGENCY ON SCENE APPEARANCES
FOR TECHNICAL SERVICES AT THE RATE OF $25 . 00 PER HOUR,
PORTAL TO PORTAL .
S . THE FEES FOR SERVICES RENDERED IN ACCORDANCE WITH PARAGRAPH
FOUR OF THIS AGREEMENT SHALL BE BILLED AND PAYABLE BY CITY WITHIN
THIRTY (30) DAYS AFTER RECEIPT OF BILL.
DEVOTION OF TIME
6 . THE PROFESSIONAL SHALL DEVOTE SUCH TIME TO THE PERFORMANCE
OF HIS DUTIES UNDER THIS AGREEMENT AS IS NECESSARY.
INDEPENDENT CONTRACTOR-INDEMNIFICATION
7
_ THE PROFESSIONAL IS AN INDEPENDENT CONTRACTOR AND IS NOT TO
BE CONSIDERED AN EMPLOYEE OF THE CITY UNDER THIS AGREEMENT. IF ANY
REPRESENTATIVE OF THE PROFESSIONAL IS COMPELLED OR REQUIRED TO APPEAR
AT ANY LEGAL PROCEEDING ARISING OUT OF OR INCIDENT TO THE PERFORMANCE
OF THIS AGREEMENT, THE CITY SHALL REIMBURSE THE PROFESSIONAL FOR SAID
REPRESENTATIVES TIME AT THE RATE OF $25 . 00 PER HOUR.
ENTIRE AGREEMENT
8 . THIS AGREEMENT SUPERSEDES ANY AND ALL OTHER AGREEMENTS,
EITHER ORAL OR IN WRITING , BETWEEN THE PARTIES HERETO WITH RESPECT
TO THE SUBJECT MATTER HEREOF , AND NO OTHER AGREEMENT , STATEMENT OR
PROMISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT WHICH IS NOT
CONTAINED HEREIN SHALL BE VALID OR BINDING .
ASSIGNMENT
9 . NEITHER THIS AGREEMENT NOR ANY DUTIES OR OBLIGATIONS HERE-
UNDER SHALL BE ASSIGNABLE BY THE PROFESSIONAL WITHOUT THE PRIOR
WRITTEN CONSENT OF THE CITY OF REDLANDS DIRECTOR OF PUBLIC WORKS . IN
THE EVENT OF AN ASSIGNMENT BY THE PROFESSIONAL TO WHICH THE CITY HAS
CONSENTED, THE ASSIGNEE OR HIS LEGAL REPRESENTATIVE SHALL AGREE , IN
WRITING, WITH THE CITY, TO PERSONALLY ASSUME , PERFORM, AND BE BOUND
BY THE COVENANTS , OBLIGATIONS AND AGREEMENTS CONTAINED HEREIN.
SUCCESSORS AND ASSIGNS
10 . SUBJECT TO THE PROVISIONS REGARDING ASSIGNMENT, THIS
AGREEMENT SHALL BE BINDING ON THE HEIRS, EXECUTORS, ADMINISTRATORS ,
SUCCESSORS, AND ASSIGNS OF THE RESPECTIVE PARTIES .
ATTORNEY ' S FEES
11 . IF ANY ACTION AT LAW OR EQUITY IS BROUGHT TO ENFORCE OR
INTERPRET THE PROVISIONS OF THIS AGREEMENT , THE PREVAILING PARTY
SHALL BE ENTITLED TO REASONABLE ATTORNEY' S FEES IN ADDITION TO ANY
OTHER RELIEF TO WHICH HE MAY BE ENTITLED.
GOVERNING LAW
12 . THE VALIDITY OF THIS AGREEMENT AND OF ANY OF ITS TERMS AND
PROVISIONS, AS WELL AS THE RIGHTS AND DUTIES OF THE PARTIES HEREUNDER,
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA.
CITY REPRESENTATIVE
13 . THE DIRECTOR OF PUBLIC WORKS IS HEREBY DESIGNATED AND
AUTHORIZED TO REPRESENT THE CITY IN THE ADMINISTRATION OF THIS CON-
TRACT AND IS FURTHER AUTHORIZED TO APPROVE MINOR AMENDMENTS TO THIS
CONTRACT WHICH DEAL WITH FEES AND CHARGES .
IN WITNESS WHEREOF , THE PARTIES HEREUNTO HAVE SET THEIR HANDS
THIS FIRST DAY OF SEPTEMBER, 1981 .
APPROVED :
CITY OF REDLANDS , A MUNICIPAL PROFESSIONAL
CORPORATION OF THE STATE OF
CALIFORNIA
BY
_,,ATTEST :
SEPTEMBER 1 , 1981
"APPENDIX"
CITY OWNED TRAFFIC SIGNALS
CITY OF REDLANDS , CA.
(1) ALABAMA & REDLANDS BLVD. (16) BROOKSIDE & SAN MATEO
(2) TENNESSEE & REDLANDS BLVD . (17) CITRUS & ORANGE
(3) TEXAS & REDLANDS BLVD . (18) CITRUS & CHURCH
(4) EUREKA & REDLANDS BLVD. (19) CITRUS & R.H.S. CROSSWALK
(5) ORANGE & REDLANDS BLVD . (20) STATE & ORANGE
(6) 6TH STREET & REDLANDS BLVD. (21) CHURCH & COLTON
(7) CITRUS & REDLANDS BLVD. (22) CITRUS & JUDSON
(8) FERN & REDLANDS BLVD. (23) OLIVE & CAJON
(9) CYPRESS & REDLANDS BLVD. (24) FERN & CAJON
(10) HIGHLAND & REDLANDS BLVD.
(11) PALM & REDLANDS BLVD.
(12) ALABAMA & INDUSTRIAL PARK
(13) TEXAS & COLTON AVENUE
(14) BROOKSIDE & EUREKA
(IS) BROOKSIDE & CENTER