1990-28
,
- , RECE!VED SEF
.., CONTROL SPECIAlISTS8>.
3423 All American Blvd.
ORLANDO, FLORIDA 32810
0 7 1990
[L[UU. @[f uOO~~~~Ouu~[L
Clermont, Florida
34712-0219
DATE I JOB NO
9-6-90
ATTENTION
Hayne Saunders
RE
Naintenance Contract
crt) -O:L Y
(407) 295-7920
TO
~ity aT Clermont
P.o. Box 120219
>
WE ARE SENDING YOU XX Attached 0 Under separate cover via
the following items:
0 Shop drawings
0 Copy of letter
0 Prints
0 Change order
0 Plans
0 Samples
0 Specifications
0
COPIES DATE NO DESCRIPTION
1 Signed contract
THESE ARE TRANSMITTED as checked below:
0 For review and comment
0 Approved as submitted
0 Approved as noted
0 Returned for corrections
0
0 Resubmit_copies for approval
0 Submit_copies for distribution
>
0 For approval
'*! For your use
0 As requested
0 Return_corrected prints
0 FOR BIDS DUE
19
0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
COpy TO
file
SIGNED:
betty bag1et, office manager
PROOUCT 140.1 (Niflß( Ino G- M... 01471
If enclosures are not as noted, kindly notify us at once.
"t..
. .
.
:'
8
.CEIVED AUG 2 7 1990
AGREEMENT
THIS AGREEMENT, made and entered into this 25th day of July ~o by
and between CITY OF CLERMONT hereinafter referred to as "OWNER" and CONTROL
SPECIALISTS COMPANY hereinafter referred to as "CONTRACTOR".
WITNESSETH:
THAT IN CONSIDERATION of the mutual covenants contained herein, it is
hereby agreed between the parties as follows:
1. Scope of Work. The Contractor shall be available on the request of the
Owner to provide emergency repair and maintenance, planned maintenance, and
new installations and equipment on traffic lights, caution lights, schools
flashers, and roadway safety lighting.
2. Term. This agreement shall be for an initial term of one (1) year from
the date of the Agreement; however, the Owner shall have the right to cancel
and terminate this Agreement, in its sole discretion, during the term thereof,
upon giving written notice to the Contractor at least ninety (90) days prior
to the intended date of termination. In the event of termination, the
Contractor shall be entitled to receive payment for services and work
performed and materials and/or equipment furnished under the terms of this
agreement as directed by the County up to the date of termination; provided,
however, it is acknowledged that the Contractor shall not be entitled to any
damages liquidated or otherwise caused as a result of such termination.
It is mutually agreed between both parties that this Agreement may be
extended at the expiration of the initial term for two (2) additional one (1)
year terms from the anniversary date of the termination of the original term,
upon the same terms and conditions specified herein. The Contractor shall
give notice in writing of its intentions to renew this Agreement for an
addi tional one (1) year term at least ninety (90) days prior to the
termination date of the first year renewal. The Owner shall, wi thin thirty
(30) days after receipt of said written notice by the Contractor, give notice
in writing rejecting or consenting to said renewal. Failure of either party
to give such written notice within said time period shall result in automatic
termination of the Agreement upon the expiration of the initial term, or the
termination date of the first year of renewal.
3. Prosecution of Work. The Contractor shall prosecute the work under
this agreement in the following manner:
a. The Contractor certifies that it is a full-time specialized
electrical contractor, in the State of Florida, is pre-qualified by the
Florida Department of Transportation to perform said work and has the
capability and expertise to install and maintain traffic signals for the City
of Clermont.
b. The Contractor shall provide emergency repair and maintenance,
planned maintenance, and new installations and equipment on traffic lights,
caution lights, school flashers, and roadway safety lighting as requested and
directed by the City of Clermont, hereinafter referred to as "Director".
.','
4-
8
8
c. The Contractor shall provide qualified employees of the Contractor
who shall be available at all times, day and night, for on-site consultation
with the Director about traffic signal problems. The Contractor shall furnish
the name, address, and telephone number of such representatives to the
Director upon execution of this Agreement.
d. The Contractor shall at all times, maintain emergency response
vehicles which will be utilized to respond to emergency maintenance calls
during the term of this Agreement. This emergency vehicle shall have rotating
beacons front and center or rear.
e. The Contractor, in performing any work under this Agreement, shall
utilize protective signing, flashers, cones, and flag persons in compliance
wi th the "Manual on Traffic Controls and Safety Practices for street and
Highway Construction, Maintenance, and Utility Operation", Sections 1 through
15, published by the Florida Department of Transportation.
f. The Contractor shall be responsible for making all arrangements
with public or private utility companies to ensure underground and overhead
clearances and construction liaison when needed.
g. The Contractor shall promptly notify the Director of the
disablement of any piece of equipment of any system due to an accident or
other cause, such as damaged cable, broken parts, or other difficulties, when
such piece of equipment cannot be readily repaired, making it necessary to
discontinue operation of all or part of the installation.
h. The Contractor shall promptly report toc'~~ Director any
unauthorized construction or repair work by others on ~ equipment being
maintained under this Agreement. The Contractor shall also report any
construction or repair work in progress that may endanger or damage the
equipment of the Owner's system.
i. The Contractor shall act in the best interest of the Owner in
selection of material and equipment which has been authorized for purchase by
the Director. Also, the Contractor shall advise and assist the Director
regarding the settlement of claims on defective materials and equipment used
in traffic signal, school flasher, and highway safety equipment when purchased
by the Contractor.
4.
Job Numbers:
a. The Contractor, prior to commencement of any routine maintenance,
shall receive a Purchase Order Number from the Director. Upon completion of
the work, the Contractor shall notify the Director of the scope, nature, and
cost of such work performed.
b. The Contractor, at the end of every month, shall submit to the
Director for approval for payment, a copy of all invoices. A separate invoice
shall be used to identify each job.
,. ,
.
-
8
8
c. The Contractor shall be issued a separate Purchase Order and Job
Number prior to the commencement of any work to be performed for non-routine
maintenance, construction, major repairs and capital purchases. These Job
Numbers shall be obtained only from the Director. If the Director orally
~irects that a repair be made during non-working hours, a formal Job Number
shall be issued to the Contractor the next normal day of operation to cover
such work as was duly authorized.
5. Compensation. The Owner shall pay the Contractor for work the
Contractor performed pursuant to Owner's requests as follows:
a. The Owner shall pay the Contractor $33. OO/man hour per hour for
regular time emergency maintenance. Regular time emergency maintenance shall
be for all maintenance and construction by which the Contractor is provided
less than five (5) working days notice.
b. The Owner shall pay the Contractor $42.00/man hour per hour for
overtime emergency maintenance. Overtime emergency maintenance shall be
maintenance and construction for which the Contractor has been given less than
five (5) working days' notice and the work shall be performed after four
o'clock P.M. (4:00 P.M.) and before seven-thirty o'clock A.M. (7:30 A.M.), and
on all weekends and legal holidays. For a day to be considered a holiday
under this provision, the Contractor must declare the day a holiday for all of
their personnel, and share the dates with the Owner upon the start of the
Agreement.
c . The Owner shall pay the Contractor $42. OO/month flat rate per
intersection for planned maintenance. Each intersection shall be visited one
( 1) time per month whereby the Contractor will visually inspect all traffic
signal equipment and components, thereby preventative malfunction action will
be enacted.
d. For the Contractor to be compensated at the rates described in
paragraphs a, b, or c above, the Contractor shall provide at least one
qualified employee who shall perform the work together with tools and
equipment and one service vehicle. The Contractor may charge the owner for
travel time to the work site for a flat rate travel charge of $70.00 per call.
e. In the case of the installation of new equipment, the Contractor,
upon the request of the Director, shall make an inspection of the new
equipment at the time of activation to assure the Owner that the new equipment
is in proper working order. This service shall be compensated at a rate of
$33.00/man hour per hour.
f. The notice required under this Agreement for emergency maintenance
or planned maintenance may be furnished by the Director or his duly authorized
representative by telephoning the Contractor at (407) 295-7920. The
Contractor shall have a person or device available at this number 24 hours a
day to receive telephone messages from the Owner. The Owner may also give
notice to the Contractor by sending a letter by mail to the Contractor at 3423
All American Boulevard, Orlando, Florida 32810. The time period for notice
shall begin to run when the Director or his representative places the call or
sends the letter by mail.
,~ .
. .
-
8
8
, .
6.
Materials and Equipment.
a. The OWner shall pay to the Contractor the actual cost of all
materials furnished by the Contractor which are an integral part of the
finished work, plus shipping to which 25% shall be added for amounts up to
$500.00, 20% for amounts between $500.00 and $2,000.00, and 15% for all
amounts equal to, or in excess of $2,000.00 said amounts to consist of the
cost per item or unit which is normally sold or furnished as an integral unit.
The OWner, however, reserves the right to purchase material to be held as
inventory by the Contractor and installed as directed by OWner.
b. The Director may inspect the Contractor's maintenance shop and
storage area on a daily basis to insure the Contractor has adequate inventory
of parts and equipment of its own to furnish service under this Agreement.
The Director may also hold inspections to ascertain that all OWner supplied
equipment has been property located, maintained, and used.
c. The Contractor shall be financially responsible for any damage
to OWner's materials or equipment arising out of, or due to, the negligence of
the Contractor or his agents and employees.
d. Any and all parts replaced by the Contractor shall be
maintained and available for OWner's inspection for a period at least sixty
(60) days.
e. The Contractor shall extend to the OWner the same warranty on
all materials and equipment furnished under this Agreement which the
manufacturer extends to the Contractor, or purchasers, whichever is greater.
The Contractor shall guarantee its workmanship under this Agreement for a
period of one (1) year.
f. The Contractor shall charge the prevailing rental rate for
the OWner on all standard construction equipment. The following specialized
traffic light equipment shall be charged at the lesser of the prevailing
rental rate for the Owner or the following designated cost per hour:
(1) Bucket Truck $25.00 per hour
(2) Lift Truck $25.00 per hour
(3) Auger/Crane Truck $55.00 per hour
7. Extra Work. It is understood and agreed under this Agreement
that the Contractor shall hold itself ready at all times to perform emergency
planned maintenance for the Owner on traffic lights, caution lights, school
flashers, and roadway safety lighting. In addition, the owner shall have the
Contractor perform the installation and construction of new equipment for the
Owner under this Agreement. This includes major repairs or major changes in
any system. The new construction or major repairs shall be performed only
after receiving written notice from the OWner. The Owner shall reimburse the
Contractor for its work at the rate established in this Agreement for planned
maintenance on an hourly basis and shall reimburse the Contractor for costs
for materials and equipment in accordance with paragraph 6. a. of this
Agreement. If the Contractor desires to perform any work or project involving
new installations or major repairs, the Contractor shall furnish the owner a
firm price for all the work necessary to perform such major repair or to
complete such new construction.
.' .
"
, -
8
8
8. Time and Charges. If it becomes necessary to install a temporary
controller due to damage to a traffic signal which changes the timing or
sequence, or any other special features of a traffic signal, the Director
shall be notified in writing giving the reason for the change, the nature of
the change, and the approximate date the traffic signal shall be returned to
normal service. The Director shall also be notified in writing wi thin a
reasonable time when the original equipment has been repaired and replaced.
The Director must authorize any and all timing changes on Owner's traffic
signals. Whenever the Director determines a condition that warrants the
modification of timing or dial settings on traffic control systems, the
Director shall advise the Contractor of such changes and the Contractor shall
keep timing and dial setting in accordance with the Director's instructions at
all time. In the event of an emergency, if the Director is unavailable, the
Contractor shall make such time changes as are necessary.
9. Contractor's Records. The Contractor shall maintain records in
accordance with generally accepted accounting practices to document its costs
and expenditures under this Agreement. The Contractor hereby grants the Owner
and its duly authorized representatives permission to audit and review any and
all of the Contractor's records pertaining to the Agreement. The Contractor
shall furnish the Owner all invoices and statements for which it requests
reimbursement.
10. Method of Payment. At the completion of all the work under
Purchase Order Number or Special Job Number, the Contractor shall submit an
invoice to the Director for approval. The invoice shall cite both the
Purchase Order Number and the Job Number, the date, time, location, reporting
agencies, repairs made, and the itemized costs.
11. Performance Bond and Labor/Material Bond. The Contractor shall
post a labor and material bond in the amount or $10,000.00 which shall
guarantee the payment by the Contractor of all sums of money due for any labor
or materials furnished under this Agreement. The Contractor shall also
furnish a performance bond in the sum of $10,000.00 which bond shall guarantee
the faithful performance of any and all duties under this Agreement. For new
construction or other major projects, the Owner may require a bond of greater
amount.
12. Insurance. The Contractor shall provide and maintain at all
times during the term of this Agreement, without cost or expense to the Owner,
policies, of insurance generally know as public liability policies, insuring
the Contractor against any and all claims, demands and causes of action
whatsoever for injuries received and damage to property in connection with
this Agreement. Said policies of insurance shall insure the Contractor in the
amount of not less than $1,000,000.00 per person and in the amount of not less
than $1,000,000.00 to cover any and all claims arising in connection with any
particular accident or occurrence, and property damage insurance in the amount
of $2,000,000.00. The Contractor shall provide and maintain workers'
compensation insurance as required by Florida State Statute 440. The Owner
shall be entitled to thirty (30) days notice of any change or cancellation in
said policies.
;,' .~
"' .
8
8
TRAFFIC SIGNAL INTERSECTION INSPECTION PROCEDURE
1.
Upon arriving at intersection, observe operation for one complete cycle.
2.
Inspect the Traffic Signal Assembly - look
a) Bulbs
b) Broken signal heads, visors, lens
c) Broken or loose brackets
d) Loose disconnect hanger & door
e) Loose span wire assembly
f) Measure height of lowest signal head
for the following:
3.
Electric service:
a) Conduit riser secure
b) Meter/can "safe"
c) Secure breaker cover
4.
Poles:
a) Rake appearance
b) Any visible breakage within pole
5.
Pedestrian Signals:
a) Signal head, lens, bulb broken or out
b) Sign O.K.
c) Push button detector operational
6.
Loops:
a) Any wire exposed
b) Sealant missing from sawcuts
7.
Junction Boxes:
a) Cover secure
b) Any visible breakage
8.
Interconnect Cable:
a) Cable secure to poles
b) Any noticeable problems with cable
9.
Cabinet and Base
a) Secure and weather tight
b) Any visible damage to cabinet or base
10.
Cabinet interior:
a) Detectors tuned
b) Random check conflict monitor
c) Observe flash condition, including police door
d) Observe controller operation
e) Check pre-empt if possible
f) Check time clock operation
g) Clean cabinet interior
- "
. ..'
,.
,.
8
8
13. Final Payment. The final payment due the Contractor shall be held
by the Owner until all equipment has been inspected and inventoried which the
~\Gounty furnished under this Agreement. The costs of any equipment unaccounted
~. for, or deficiencies in workmanship during the year, shall be subtracted from
the final Agreement payment. A complete inventory, including a list of all
field and traffic equipment supplied by the Owner shall be made to the
beginning and termination of the Agreement.
14. Independent Contractor. The Contractor shall perform the
conditions of this Agreement as an independent contractor and nothing
contained herein shall be construed to be inconsistent with this relationship
or status. Nothing in this Agreement shall be in any way construed to
consti tute the Contractor, or any of its agents or employees as the agent,
employee, or representative of the Owner.
The Contractor agrees that is shall be solely responsible to
parties with whom it shall deal in carrying out the terms of this Agreement
and shall be responsible for the agreements it shall make with the third
parties or for those obligations incurred by the Contractor to such third
parties in carrying our the terms of this Agreement.
15. Termination for Cause. If, through any cause, the Contractor
shall fail to fulfill in a timely manner its obligations under this Agreement,
or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Agreement, the OWner shall have a right to terminate this
Agreement by giving written notice to the Contractor of such termination,
specifying the effective date of thereof, at least ten (10) days before the
effective date of such termination.
16. Personal Service Contract. This Agreement is not assignable by
the Contractor without the expressed written consent of the OWner.
17.
statement,
whatsoever,
Agreement,
invalidates
Entire Agreement. It is agreed that neither party has made any
promise or agreement, or taken upon itself any engagement
verbally or in writing, in conflict with the terms of this
or that in any way modifies, carries, alters, enlarges or
any provision hereof.
18. Severabili ty . In the event a Court of competent jurisdiction
finds any sentence, provision, paragraph, or section of this Agreement null
and void, the remaining parts of this agreement shall continue in full force
and effect as though such sentence, provision, paragraph, or section has been
omitted from this Agreement. .~
OWNER ci ty of Clermont (/tJ;'-
CONTROL SPECIALISTS COMPANY. CONT~~TO~
BY: ¡p~ +