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HomeMy WebLinkAboutA & F Engineering Iv"(I- Ain. /12CIf Co, r ;I • PROPOSAL FOR CITY OF CARMEL, INDIANA PROJECT TRAFFIC SIGNAL MAINTENANCE 2001 CARMEL, INDIANA TRAFFIC SIGNAL MAINTENANCE QUOTE PROPOSAL AND CONTRACT DOCUMENTS PLANS CERTIFIED BY: October 10, 2000 A&F Engineering Co., LLC William J. Fehribach, P.E. 8425 Keystone Crossing, Suite 200 Indiana Registration No. 12855 Indianapolis, IN 46240 (317) 202-0864 c:wrysc.nn000 TRAFFIC SIGNAL MAINTENANCE CONTRACT TABLE OF CONTENTS Page Proposal 1 Itemized Unit Price Schedule 2 Scope of Work 4 Information and Instructions for Bidders 5 Special Provisions 10 Non-Collusion Affidavit 25 Agreement for Purchase of Goods and Services 26 Mdoci%idakamn12000 PROPOSAL BOARD OF PUBLIC WORKS & SAFETY CARMEL, INDIANA Pursuant to the notice that sealed quotes for the maintenance of traffic signals, as described below, will be received by Mr. David Klingensmith, Cannel Street Department, 211 2'1 Street, Carmel, Indiana 46032 until 10:00 AM E.S.T. on the 2nd day of November, 2000 when all proposals will thereafter be publicly opened and read. The undersigned hereby tenders this quote to maintain all traffic signals in Cannel, Indiana, in accordance with the Special Provisions to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time prescribed under the supervision and direction of the Street Commissioner or an authorized representative for the unit prices quoted in the accompanying Itemized Proposal. The undersigned has filled in the Itemized Proposal sheet with a unit price for each item listed, has executed the form of the contract filed herewith as a part of this proposal, which execution shall be regarded as the signing of the contract for the proposed work to be in full force and effect from the date of the signatures of the Board of Public Works & Safety. The undersigned has also executed the non-collusion affidavit filed herewith. Witness my hand this 2"`� day of N o tie mto e.r , 2000. Contractor: Sisnal Cons4rucAricln tnt. . Address: S(c 3q W , U S go Greenc et() r,J Nl91g0 Signed By: Ill taauS1 ��LLXl2Z_ Printed: MtGhae` McGhee_ Title: Pf e,s\c) er c:suzybume12000 1 Exr►1,43, 73/4 "A " ITEMIZED UNIT PRICE SCHEDULE TRAFFIC SIGNAL MAINTENANCE CONTRACT CARMEL, INDIANA This contract will be awarded based on the sum of the first five (5) items as follows: Item 4' Description Estimated Unit Total Quantity Price 1 Emergency Response Maintenance 40 8S .o0 3 you .oo 2 Scheduled Maintenance, Quarterly Inspections, 112 Traffic Signals so.no stoop .co Scheduled Maintenance, Annual Inspections, 3 Traffic Signals 28 s.00 (0300 .co 4 Scheduled Maintenance Quarterly Inspections - 36 Flashers ao.00 1ao. 00 5 Scheduled Maintenance, Annual Inspections - 6 Flashers I00.0o (000 .00 Total t(o,(020•co However, the Board reserves the right to reject any quote wherein any item(s) appear(s) to have been ctuoted at an inflated price. Item N Description Unit Unit Price 6 Anchor Bolt Repair Each 1 a s.C)o 7 Install Sign Each I ao.oo 8 3C/#8 Signal Cable LFT ►.(oo 9 3C/#14 Signal Cable LFT . 80 10 5C/#14 Signal Cable LFT , q 5 11 7C/#14 Signal Cable LFT 1 . 10 12 2C/#16 Shielded Cable for Loops LFT 1 .c0 13 Loop Installation LFT 2 .C)0 14 Tighten Span & Catenary and Tether Cable Each I0o. oo 15 Install Signal Head Each l co .oo J' 16 Adjust Detector Housing to Grade Each 1 50.oo 17 Installation of Detector Housing Each y 5o .oo 18 Adjust Handhole to Grade Each 135 .00 19 Cabinet Foundation Expansion Each 5 0 0 .co c:ary\a,melzaoo 2 20 Install Tether Cable Each 2 a 5 .co Install or Replace Traffic Signal Controller 21 Cabinet Each 200 . 00 22 Install Direct Bury Cable LFT a. So 23 Install Traffic Signal Pole &Mast Arm Each u 7 S .oo 24 Install Traffic Signal Strain Pole Each 4 2 5 .ao 25 Pedestal Foundation, Type "A" Each a 50 .00 26 Controller Foundation, Type "M" Each 5 00 . o0 27 Controller Foundation, Type "P-1" Each 5 so . co Signal Mast Arm Foundation, 2'-6"x2'- 28 6"x6'-0" Each (000 . Qo Signal Mast Arm Foundation, 3'-0"x3'- 29 0"x7'-0" Each 7 So• co _ 30 Steel Strain Pole Foundation,3'-0" Dia x Each 12"-0" l t000.o0 31 Install 2" Galvanized Steel Conduit LFT lq .0o 32 Install 35' - 45' Class 2 Wood Pole, Down Each Guys, Anchor Soo.oo 33 Install New Handhole Each (poo .00 34 Install or Replace Electrical Service Each 4So.no 35 Install Disconnect Hanger Each 2 2 5 .00 _ 36 Install Span, Catenary & Tether w/Fittings Each 7 S O.o0 37 Fiber Optic Interconnect Cable LFT S. So 38 Flasher - Strobe Bulb Replacement Each to 5.Co 39 Install Pedestal Mounted Flasher Assembly Each 400. 00 40 Install Pedestrian Push Button and Sign Each 50 . 00 41 Skilled Laborer Per Hour (po . 00 42 Unskilled Laborer Per Hour 30 00 43 Boom Truck Per Hour ao,0 0 44 Aerial Truck Per Hour ao. o0 45 Signal Maintenance Truck Per Hour 5 n c:w=rc"nneis000 3 SCOPE OF WORK The work contemplated in this contract includes the following: The performance of "Emergency Response Maintenance" on all traffic signals in Carmel, Indiana; The performance of "Scheduled Maintenance" on all traffic signals in Cannel, Indiana; The performance of "Non-Routine Maintenance" on any traffic signal installation in Cannel, Indiana; as defined and specified in other parts of this Contract Document. c:wzywrnteI2000 4 INFORMATION AND INSTRUCTIONS FOR QUOTERS 1. Owner: The City of Cannel, Indiana, acting through its Board of Public Works & Safety hereinafter, throughout this document called the Owner. 2. Inspector: The Carmel Street Commissioner, acting directly or through a duly authorized assistant or other representative hereinafter, throughout this document called the Inspector. 3. psi: The proposal shall consist of the completed Proposal Form bound with the Specifications as furnished by the Owner and a signed non-collusion affidavit. All of these forms must be contained in a sealed envelope, which shall be properly marked on the outside to show the name of the quoter, name of the work being quoted upon, and the time when said quotes are scheduled to be opened. 4. Non-Collusion Affidavit: The affidavit of non-collusion must be made by the person, member of the firm, or authorized officer of the corporation making the proposal; and if made by a member of a firm or officer of a corporation, the affidavit must be made on behalf of said firm or corporation. 5. Signatures: Sheets in the Proposal Book requiring signatures, if signed by an individual, just give the name and address; if signed by a corporation or partnership just give the name and address of the firm, together with the name and position (such as President, Secretary, Co-partners, etc.) of the person signing. 6. Fili g Ouote: All quotes must be filed with the Owner on or before the day and hour stated in another part of this Proposal Book. No proposal presented after this time will be accepted and permission will not be given to withdraw, modify, explain or correct any figure or signature or description in any such quote, certified check or affidavit. 7. Opening: All proposals on file at the time scheduled for opening will be publicly opened and read; and they shall be available thereafter for inspection by any interested party. 5 C:\suzy\carme12000 S 8. Withdrawal of Proposal: No proposal may be withdrawn, altered, or qualified after the scheduled time for opening; and all proposals shall remain in effect for thirty (30) days unless set out otherwise in the advertising and the Notice to Quoters. 9. Right to Reject Quotes: The Owner reserves the right to reject any or all quotes and to judge the character and sufficiency of any samples of materials submitted or materials quoted upon. 10. Award: The Owner will, without unnecessary delay and at the earliest possible time, make the award to the best quoter. 11. Forms: All forms required are bound in this book and are to be completed by each quoter and returned bound as received. A duplicate book is furnished for the quoters file. 12. Prices: Prices shall always be stated in figures. They shall be stated in words where requested. All prices must be so distinctly expressed that there can be no doubt as to the meaning thereof. Illegible figures shall be just cause for rejection of any proposal. 13. Unit or Lump Sum Prices: Quoters must divide their quote amount into the prices called for on the Proposal Form included in this document. 14. Estimated Ouantities: The estimated quantities required to complete the work are intended to be true and correct but are not guaranteed. Insertion of new items in the form by the quoter may result in the proposal being declared a counter proposal and may result in it being rejected. 15. Oualifications: Persons, firms, or corporations submitting proposals shall be prepared to demonstrate to the satisfaction of the Engineer that they have the proper facilities, expert work- _ persons, necessary capital, and experience to execute the contract in a proper manner; otherwise their quote will not be considered. 6 C:\suzy\carme12000 The quoter must have complied with the Pre-qualification Regulations of the Indiana Department of Transportation (INDOT). The quoter must have previously applied to INDOT for qualifications and received a Certificate of Qualifications before the time fixed for receiving quotes. Quotes filed by any person who has not been qualified according to the terms of the Pre-qualification Regulations will not be considered by the Owner. 16. Choice of Materials and Equipment: In cases where the specifications permit the choice of one material from a group of two or more satisfactory materials, the Inspector reserves the right to designate the material which shall be used, unless the quoter makes a designation of the material being quoted upon, when they submit their proposal. The same condition applies to equipment. 17. Payment: The payment for the service herein provided will be paid for based on the unit prices set forth in the Proposal Form, upon the receipt of a properly executed invoice and claim form. However, no more than one invoice per month may be submitted. 18. Acceptance of Proposals: No quote will be accepted or a contract awarded to any person, firm or corporation that is in arrears to the City upon any debt or contract; or who has failed to execute in whole or in part in a satisfactory manner, any contract with the Owner, or who is a defaulter as to surety or otherwise upon any obligation to the City. 19. Commencing Work: The work shall commence at the request of the Inspector and shall be completed and ready for final inspection as provided for in the Proposal. 20. Compliance with Provisions: All quotes failing to comply with the provisions set forth herein will be rejected by the Owner. 21. Nondiscrimination of Employee : The Contractor and his subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of this contract, with respect to his hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to the employment, because of his race, color, religion, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. 7 CAsuzykarme12000 22. Wage Scale: The Contractor shall conform to the "General Prevailing Wage Scale", currently in effect, as prepared by the Office of the Governor of the State of Indiana. 23. Completion Date: All work to be performed under this contract will be fully completed and ready for acceptance on or before the completion date(s) specified in the Proposal. 24. Insurance: The Contractor shall procure and maintain, until final payment by the Owner for the services covered by this contract, insurance of the kinds and in the amount hereinafter provided by insurance companies authorized to do such business in the State of Indiana covering all operations under this contract whether performed by the contractor or by a subcontractor. The Contractor will not be given a notice to proceed until the Contractor has furnished a certificate or certificates in a form satisfactory to the Owner, showing that this section has been complied with. During the life of this contract, the Contractor shall furnish the Owner with certificates showing that the required insurance coverage is maintained. Insurance certificates shall be sent to: Clerk Treasurer City of Cannel One Civic Square Cannel, IN 46032 The certificates shall provide that the policies shall not be changed or cancelled until ten (10) days written notice has been given to the Owner. In the event that such written notice of change or cancellation is given, the Owner may at its option terminate this contract and no further compensation shall in such case be made to the Contractor. The kinds and amounts of insurance required are as follows: A. Workman's Compensation Law A policy covering the obligations of the Contractor in accordance with the provisions of the Workman's Compensation Law. This contract shall be void and of not effect unless the contractor procures such policy and maintains it until acceptance of the work. 8 CAsuzy\carmet2000 B. Contractor's Comprehensive General Liability. 1. A limit of not less than $600,000 for all damages arising out of bodily injury and/or property damages in any one occurrence with an aggregate limit for the contract of not less than $2,000,000 for the policy period; or 2. A limit of not less $500,000 for all damages arising out of bodily injury in any one occurrence, and A limit of not less than $100,000 for all damages arising out of property damage in any one occurrence with an aggregate limit for the contract of $300,000 during the policy period. C. Comprehensive Automobile Liability. 1. A limit of not less than $600,000 for all damages arising out of bodily injury and/or property damages in any one occurrence with an aggregate limit for the contract of not less than $2,000,000 or 2. A limit of not less $500,000 for all damages arising out of bodily injury for each person and a limit of not less than $500,000 for all damages arising out of bodily injury in any one occurrence, and A limit of not less than $100,000 for all damages arising out of property damage in any one occurrence. D. Basis of Payment. 1. No direct payment will be made for insurance, as set out above. The cost thereof shall be included in the cost of the pay items. 25. Documents Included by Reference: The following documents are included by reference an are considered to be an integral part of this Proposal: A. Indiana Manual on Uniform Traffic Control Devices - 1988 (IMUTCD) or Latest Revision. B. Indiana Department of Transportation (INDOT) - Standard Specifications - 1999 or Latest Revision. C. Indiana Department of Transportation (INDOT) - Supplemental Specifications - Latest Revision D. Indiana Department of Transportation (INDOT) - Metric Standard Drawings - Latest Revision. J:doc.Wid.\nn e12000 9 SPECIAL PROVISIONS 1. Introduction: The following Special Provisions are in addition to the INDOT Standard Specifications and the current IMUTCD and their subsequent revisions. Work will commence on January 1. 2001 and continue for a period of one (1) year. 2. Owner's Rights and Reservations: The Owner reserves the right to enter at any time any signalized intersection covered under this contract, or any controller cabinet for the purpose of inspection, alteration or change to affect emergency repair, modification or the correct malfunctions. No change will be made to any traffic signal which will alter its design, phasing or function operation without the authorization from the Inspector. In the event that the Owner awards a separate contract to modernize, modify, rebuild or remove any signal installation covered under this contract, the Owner reserves the right to determine which Contractor will be responsible for Routine and Non-Routine Maintenance of the existing and/or temporary signal installation during the term of the modernization or modification contract. The Owner will not pay for travel time to and from any intersection. The cost incurred for travel time will be considered incidental and shall be included in the cost of the various items. Unless otherwise directed by the Inspector, it shall be the Contractor's responsibility to maintain existing signal equipment as long as it is in service, and to assume mainte- nance of new signals and equipment after they have been accepted by the Owner and after it is directed by the Inspector. These additions and deletions may be communi- cated verbally by the Owner. A follow up letter will be provided by the Owner within five (5) working days of the verbal order. 3. Maintenance of Traffic: Not withstanding prior practice, the provisions of this section shall apply to all work covered by this contract. Section 801 of INDOT Standard Specifications - Latest edition shall apply to the work performed under this contract. The Metric Standard Drawings shall also apply for appropriate situations. It is understood that unusual working conditions may not be addressed in any of the traffic control standards provided, or may require some modifi- - cation of those standards. When such situations occur, the Contractor is required to provide to the Inspector, a proposal for the traffic control measures to be employed, for the Inspector's approval. IMoc.tid.c.wne12000 10 If the Contractor finds it necessary to temporarily occupy any part of the shoulder or the traveled width of any pavement and restrict traffic, the Contractor shall provide, at his own expense, all barricades, lights, flagmen, and such other protection of traffic as may be deemed necessary by the Inspector and as specified in Section 801, of INDOT Standard Specifications, Latest Edition. "Construction Warning Lights", as specified for this contract, shall be in accordance with the applicable provisions of 801.12, except that Type II barricades , plastic drums or construction warning signs used only for maintaining traffic during daylight working hours will not require a "Type A" low intensity flashing warning light, as set out in 801.12. Whenever barricades, plastic drums or other channelization devices are used to divert traffic, the length of the taper (L) shall be determined by the use of a formula. The posted speed limit governs which formula from a choice of two (2) shall be used. A. Speed Limit 40 MPH or Less. The applicable formula shall be the length of the taper (L) shall be equal to the square of the speed limit (SxS) times the lateral distance the traffic is being moved (W) and then this product is divided by 60. L = (SxSxW) 60 B. Speed Limit 45 MPH or Greater. The applicable formula shall be the length of the taper (L) shall be the speed limit (S) times the lateral distance the traffic is being moved (W). L = SxW When used to close a travel lane, the spacing (C), in feet, of these devices shall be the same as the numerical value of the speed limit. When used to define the presence of a vehicle or workmen temporarily occupying the traveled road, without lane closure, (such as for intersection overhead work for a short duration) these devices shall be appropriately spaced to clearly outline the work area, and prevent vehicles from entering the area. It shall further be required to place a 48 inch "MEN WORKING AHEAD" sign just off the shoulder 700 to 800 feet ahead of each operation. These "MEN WORKING AHEAD" signs are to be removed from view when o work operations are being conducted. These specific requirements in no way relieve the Contractor of the requirements of Section 104.04, 107.08 and 107.12 of the Standard Specifications. Traffic control not addressed herein shall be governed by the Traffic Sign Detail Sheets. Extended mad work is applied to any on the roadway work over thirty (30) minutes. Temporary repair activity and temporary repair work refers to work less than thirty (30) minutes. MdoestidMcvn12000 11 It should be noted that anytime aerial work is being performed which occupies any portion of the traveled roadway a minimum of at least one flagman is required. The traffic control detail sheets may indicate a requirement, or a recommendation, for two flagmen in some situations. All equipment working on or near any traveled roadway shall be equipped with revolving amber warning lights. These warning lights shall be a minimum of eight (8) inches in diameter and clearly visible to approaching vehicles through all phases of the equipment operation for a minimum distance of 500 feet. Strobe warning lights may be used provided that they output two (2) million candlepower in daylight conditions and one (1) million candlepower in dark conditions. The Contractor is required to have some type of identification (i.e. name placards) affixed to all equipment so that police agencies and Owner personnel will recognize that the Contractor is performing traffic signal maintenance work. The longitudinal spacing of multiple construction signs, where needed, is typically 500 feet between signs. However, this distance may require some adjustments based upon location conditions. Any variation must be presented to, and approved by, the Inspector. Special traffic control needs may arise as a result of blacked-out traffic signals. Refer to the information under the section of Emergency Response Maintenance for the re- quirements of this contract. No direct payment will be made for maintenance of traffic as set above. The cost thereof shall be included in the cost of each individual pay item. 4. Emergency Response Maintenance (Item #11: Emergency Response Maintenance shall be defined to include, regardless of the time of day, or the day of the year, the response to a reported or discovered malfunction of all traffic signals and flashers covered by this contract. This response shall occur within two (2) hours of notification or discovery of the malfunction. Response shall be defined as the arrival of a Traffic Signal Technician at the intersection who immediately upon arrival shall take appropriate corrective actions necessary to bring the intersection to a safe mode of operation. See section "Making Intersection Safe" for further details of this term. This contract requires the Contractor to have a Traffic Signal Technician available at all time to satisfy the two (2) hour emergency response maintenance requirement. After the intersection is secured, the Traffic Signal Technician shall then correct the malfunction if it is reasonably within his power to do so. This corrective action shall include, but is not limited to the following activities: lAdocebids\cartneI2000 12 A. Replacement of blown fuses or resetting of circuit breakers. B. Repair or replacement of the traffic signal controller. C. Repair or replacement of flasher controllers. D. Replacement of detector amplifiers. E. Replacement of traffic signal lamps. F. Replacement of load relays. G. Replacement of conflict monitors. H. Adjustment or modular component replacement of traffic signal controllers. I. Disconnection of traffic signal coordination equipment. J. Cabinet diagnosis of loop detection systems to identify deficient components. K. Logging of back panel and cabinet equipment status for the purpose of malfunction diagnosis. The Contractor shall provide a telephone number for a 24 hour answering service/dispatcher and two (2) telephone numbers of maintenance personnel that can be reached in case of answering service failure. In the event a trouble call is received for a location which is not covered in this contract, the Contractor's dispatcher is to record the following information: A. Name of person calling. B. Phone number of person calling. C. Location of traffic signal trouble. D. Time trouble call is received. E. Exact complaint. This information is to be forwarded to Cannel police dispatcher. In the event of a power outage the Contractor is required to make the intersection safe. The Traffic Signal Technician may leave the site provided he disables the energy source to prevent the signal from initializing and after making arrangements for stop signs to be erected. Stop signs shall be placed at approaches according to their preferentially. Preferentially is shown on each signal drawing found in the controller 1:Wocs\bidsknme12o00 13 cabinet of each signalized intersection. The stop signs shall comply with the IMUTCD manual for size and placement. These signs shall be at least 30 inches. The Traffic Signal Technician shall also make provisions with the appropriate utility company to be informed when power is restored. He shall also check with the utility hourly to confirm the status of the power source. The Contractor shall restore the traffic signal(s) to normal operation within one (1) hour of notification that the power is restored. Payment for Emergency Response Maintenance will be made as follows: "Emergency Response Maintenance" shall be paid for at a flat rate per response for each intersection as listed in the "Location Information" section. The flat rate per response shall include all labor and equipment used in carrying out "Emergency Response Maintenance". However, should there be an "Emergency Response" call to replace a traffic signal bulb that has burned out within six (6) months after the annual replacement of all traffic signal bulbs, there will be no payment for the "Emergency Response" call. An authorized Owner's representative may inspect any or all traffic signal installations associated with this contract and recommend either full payment for proper completion of Emergency Response Maintenance or a deduction for unfulfilled Emergency Response. Payment shall be made after presentation of a monthly invoice. The monthly invoice shall reflect the number of intersections billed and the unit price. The Contractor will supply the Owner with monthly dispatcher and answering service logs to be submitted along with the monthly invoice. The cost for this service will be included in the cost of the Emergency Response Maintenance items. 5. Scheduled Maintenance: Scheduled Maintenance shall be performed by a Traffic Signal Technician on a routine scheduled basis upon all existing traffic signals in Carmel, Indiana, and any others which may be installed or taken over by the City during the effective period of this contract. A. Quarterly Inspections - Signals (Item ff2). The Contractor shall patrol and inspect all traffic signals once each three (3) months and replace burned out lamps, all damaged visors, lenses, sockets and reflectors regardless of the cause. The Contractor shall install the correct wattage value of bulbs in each of the traffic signal heads. Unless otherwise directed, the Contractor shall replace burned out lamps with new lamps of the same wattage. The Contractor shall keep all pedestals, mast arms and poles, strain poles, c.%suzyia,m,iz000 14 controller housings, and all other associated equipment in proper alignment and adjustment. All bolts shall be kept tight at all times. All span mounted signals shall be kept at the proper clearance height above the pavement. The Contractor shall keep the traffic signal hand holes and covers clean and free of dirt and other debris. The Contractor shall check, test and service all of the traffic signal controllers, relays, detector mechanisms, pre-emptor and all auxiliary controller equipment. The Contractor shall insure that each component is functioning properly and performing with the maximum efficiency for which said components were designed. All necessary repairs and replacements shall be performed. The Contractor shall maintain proper timing and dial settings of the traffic signal controller equipment, detector relays and amplifiers. The Contractor shall keep the interior of the controller housing clean and neat and in a workman-like condition at all times. The Contractor shall replace or repair minor items that have been found to be either missing, broken, or inoperative. The Contractor shall make provisions for the Inspector to accompany their personnel simultaneously during inspection, including capability to accompany the Contractor in their aerial truck. All items located overhead that can be aligned, adjusted, repaired (without need of new equipment) or replaced with the use of normal hand tools shall be included in this item. The Contractor shall make a list of those items requiring repairs or replacement, not covered under this item, and provide it to the Inspector. The Inspector will then direct the Contractor to make any and all repairs in accordance with other sections of this contract. B. Annual Inspections - Signals (Item #3). The Contractor shall once each year re-bulb every traffic signal installation located in Carmel. The Contractor shall clean all lenses and reflectors when each bulb is replaced. For the purpose of replacement of traffic signal bulbs, the following table gives the proper lamp wattage for the various types of indications: 1. 12" Pedestrian Indication 135 watts 2. 12" Green or Amber Indication 135 watts 3. 12" Red, Amber Arrow or Green Arrow 135 watts All bulbs shall be Duro-Test Krypton gas filled. C:l5oriCannet2000 15 Loop Detection Inspection The Contractor shall conduct a Megohm, Voltage and Resistance loop test for each loop detector lead-in at the cabinet terminals of all cabinets with detection. These tests must be conducted and recorded by a Traffic Signal Technician. These tests are to be performed with a Megohm meter. Only Megohm (Lead- In), Resistance, and Voltage will be recorded. If loop systems are found defective, the associated phase may need to be placed on recall and timings adjusted. The Contractor shall inform the City of loop failure verbally and submit written notification with the monthly invoice. Video Detection Inspection The Contractor shall perform the following video detection checks with the software being provided by the Owner. The Contractor will provide the laptop computer to plug into the video unit to perform the checks. The Contractor shall have training in the operation of the video detection software from the manufacturer or its representative prior to performing any of the following checks: 1. Bring up each field of view and check that each detection zone is in its proper lane and the zones are placing the calls to the proper controller phases. 2. View each field of view for stability and clarity of video image. 3. View each phase red and green input to the video unit and confirm that the controller is in that phase and color. If any of the above operational checks are not correct, then the Contractor shall determine the reason and correct the problem. The Contractor shall complete this annual inspection during the third quarter inspection under this contract. C. Quarterly Inspections - Flashers (Item #4). The Contractor shall patrol and inspect all traffic flashers once each three (3) months and replace burned out lamps, all damaged visors, lenses, sockets and reflectors regardless of the cause. The Contractor shall install the correct wattage value of bulbs in each of the flasher heads. Unless otherwise directed, the Contractor shall replace burned out lamps with new lamps of the same wattage. The Contractor shall keep all pedestals, controller housings and all other associated equipment in proper alignment and adjustment. All bolts shall be kept tight at all times. CASuzyCanne12000 16 • The Contractor shall keep the traffic signal hand holes and covers clean and free of dirt and other debris. The Contractor shall check, test and service all of the flasher controllers and relays. The Contractor shall insure that each component is functioning properly and performing with the maximum efficiency for which said components were designed. All necessary repairs and replacements shall be performed. The Contractor shall keep the interior of the controller housing clean and neat and in a workman-like condition at all times. The Contractor shall replace or repair minor items that have been found to be either missing, broken, or inoperative. The Contractor shall make provisions for the Inspector to accompany their personnel simultaneously during inspection, including capability to accompany the Contractor in their aerial truck. The Contractor shall make a list of those items requiring repairs or replacement, not covered under this item, and provide it to the Inspector. The Inspector will then direct the Contractor to make any and all repairs in accordance with other sections of this contract. D. Annual Inspections - Flashers (Item #5). The Contractor shall once each year re-bulb every flasher installation, excluding the strobe bulb, located in Carmel. The Contractor shall clean all lenses and reflectors when each bulb is replaced. For the purpose of replacement of traffic signal bulbs, the following table gives the proper lamp wattage for the various types of indications: 1. 12" Amber 135 watts All bulbs shall be Duro-Test Krypton gas filled. E. Payment for Scheduled Maintenance will be made as follows: 1. "Quarterly Inspections" shall be paid for at a flat rate per intersection inspected. The flat rate per intersection shall include all labor and equipment used in carrying out "Quarterly Scheduled Maintenance". 2. "Annual Inspections" shall be paid for at a flat rate per intersection inspected. The flat rate per intersection shall include all labor and equipment used in carrying out "Annual Schedule Maintenance". Payment Shall be made after presentation of a monthly invoice. The invoice shall reflect the number of intersections billed and the unit price for each 17 c:\ayCarmsI2000 service. 6. Non-Routine Maintenance: Non-Routine Maintenance shall include all activities which are not included as "Emergency Response Maintenance" or "Scheduled Maintenance". A description of Non-Routine items are as follows: A. Anchor Bolt Reoair (Item #6) - This item includes all work and material to repair anchor bolts which have become damaged or broken. This may get accomplished by welding (by a certified welder) or threaded coupling to achieve at least the same tensile strength as the existing anchor bolt. Coupling, studs and patching of the concrete shall be included in the unit price of this item. B. Install Sign (Item #7) - This item includes all necessary work to mount or remount signs on a signal structure. All hardware, including mid- mast arm mounting assemblies, will be supplied by the Contractor and these costs will be included in the unit price of this item. C. Install Signal Cable & Detector Lead-In Cable (Item #8. 9. 10. 11 & 111 - This item includes all labor and materials necessary to replace all existing cable that has been damaged as well as making all necessary connections. There shall be no splicing of cable. This will be paid on the basis of linear feet of cable installed by the type of cable. D. Loop Installation (Item #13) - This item includes cutting the saw slot and installing the approved loop wire, 1/2 inch backer rod, splices and loop sealant. Only diamond blades with water will be permitted when air temperatures above 40 degrees Fahrenheit. Below 40 degrees Fahrenheit a carborundum blade may be used. All labor, materials and equipment shall be provided by the Contractor. Payment shall be based on a per linear foot of saw slot basis. E. Tighten Span & Catenary and Tether (Item #14). - This item includes all work necessary to remove excess sag in a span wire, catenary cable, "A" frame wires, down guys and tether cables. This work will be paid for on a per each span between two (2) vertical uprights. F. Install Signal Head (Item #15) - This item includes, if required, the fabrication of a complete signal indication including wiring, balance adjusters, weatherheads, pipe arms, rigid brackets, visors, lenses, etc. For multiple heads with indications facing in different directions, but mounted on the same assembly, the Contractor shall be paid once for each assembly. If this item is being used to replace an existing signal indication assembly, the cost of removal of the existing indication is c: C.nnetz000 18 included in the cost for installing the new indication. Pedestrian or Optically Programmed indications shall be treated the same as Signal Indications. Payment for this work item shall include labor and equipment only and will be on a per assembly basis. The City will furnish all materials. G. Adiust Detector Housing to Grade (Item #16) - This item includes all labor, materials, and equipment required to adjust a detector housing to grade. Patching material will be included under this item where neresc2ry and will match the type of surface surrounding the detector housing. This item is limited to the adjustment of detector housings by the addition of an adaptor device only. Payment for this work will be on a per unit basis. H. Installation of Detector Housing (Item #171 - This item includes the installation of a new detector housing including all conduit connections, and the splicing of the loop detector lead in cables to the loop detectors. This item includes all labor materials, and equipment including patching materials which shall match the type of surface surrounding the housing. Payment for this work will be on a per detector housing basis. Adjust Handhole to Grade (Item #18) - This item includes all labor, materials and equipment to adjust a concrete handhole to grade including patching materials which shall match the type of surface surrounding the handhole. Payment for this work will be on a per handhole basis. J. Cabinet Foundation Expansion (Item #19) - This item includes all labor and materials required to enlarge an existing traffic signal controller foundation to accommodate a larger cabinet. This item also includes any labor and materials required to temporarily maintain the operation of the existing controller and cabinet until the new cabinet is installed. Payment for this work will be on a per foundation basis. K. Install Tether Cable (Item #20) - This item include all labor, materials and equipment required to install a new or to replace and existing tether cable. Payment for this work will be on a per each span basis between two vertical uprights. L. Install or Replace Traffic Signal Controller Cabinet (Item #21) - This • item includes all labor, incidental materials, and equipment required to accomplish the installation or a traffic signal controller cabinet on an existing foundation, including the wiring of the traffic signal controller into a complete operation mode. Payment for this item will be on a per each basis. The City will furnish the controller cabinet and controller. M. Install Direct Burial Cable (Item #22) - This item includes the cost of all materials, equipment, labor, connections, splices, and waterproofing as required. Payment for this item will be on the basis of per lineal foot c: C,rmeuoao 19 of cable installed. N. Install Traffic Signal Pole and Mast Arm (Item #23) - This item includes the cost of labor and equipment to install a traffic signal pole and mast arm on an existing foundation. Payment for this item will be on a per each basis for each pole and mast arm combination. The City will furnish the pole and mast arm. O. Install Traffic Signal Strain Pole (Item #24) - This item includes the cost of labor and equipment to install a traffic signal strain pole on an existing foundation. Payment for this item will be on a per each basis for each strain pole. The City will furnish the strain pole. P. Install Traffic Signal Foundations (Item #25. 26. 27. 28. 29 & 30) - This item includes the cost of all materials including steel and anchor bolts, labor and equipment to install a traffic signal foundation. Payment for this item will be on a per each basis for each size of standard signal foundation. Q. Install 2 Inch Galvanized Steel Conduit (Item #31) - This item includes the cost of all materials, labor and equipment to install 2 inch galvanized steel conduit. Payment for this item will be on a per foot basis for each foot of conduit installed. R. Install Wood Traffic Signal Pole (Item #32) - This item includes the cost of all materials, including down guys and anchors, labor, and equipment to install Class 2 wood poles 35 feet to 45 feet. Payment for this item will be on a per pole basis for each pole installed. S. Install New Handhole (Item #33) - This item includes the cost of all materials, labor and equipment to install a concrete handhole. Payment for this item will be on a per handhole basis for each handhole installed. T. Install or Replace Electrical Service (Item #34) - This item includes the cost of all materials (entrance switch, conduit riser, meter base, 1" weatherhead, 2" to 1" reducer and other incidental items), labor and equipment to install a service. Payment for this item will be for each service installed. U. Install Disconnect Hanger (Item #35) - This item includes the cost of all materials, labor and equipment to install a disconnect hanger. Payment for this item will be for each disconnect hanger installed. V. Install Span. Catenary and Tether with Fittings (Item #36) - This item includes the cost of all materials, labor and equipment to install a span wire with a catenary cable and a tether cable including all fittings. Payment for this item will be for each span wire assembly installed. cAStszyC,nneIxwo 20 W. Fiber Optic Interconnect Cable (Item #371 - This item includes the cost of all materials, equipment, labor and connections as required. Payment for this item will be on the basis of per linear foot of cable installed. X. flasher - Strobe Bulb Replacement (Item #38) - This item includes the cost of the bulb and the labor to install it. Y. Install Pedestal Mounted Flasher Assembly (Item #39) - This item includes the cost of labor and equipment to install a pedestal base, pole, flasher controller-fully wired, up to two flashing beacons and a sign on an "A" base. Payment for this item will be on a per each basis. The city will furnish the pedestal base, pole, flasher controller, beacon(s) and sign. Z. Install Pedestrian Push Button and Sign (Item #40) - This item includes the cost of labor and equipment to install a pedestrian push button and sign on a signal pole. Payment for this item will be on a per each basis. The city will furnish the push button and sign. AA. Hourly Rate for Employees and Equipment (Item #41. 42. 43. 44. 45) Payment for Non-Routine Maintenance shall be covered by the appropriate unit prices as listed in the Itemized Proposal. Payment shall be made after presentation of a monthly invoice. The monthly invoice shall reflect each activity preformed and the unit price for that activity. 7. Traffic Signal Technician: The Contractor shall have on staff a minimum of one Traffic Signal Technician. A Traffic Signal Technician is defined as a Skilled Laborer who is familiar with the operation of and able to diagnosis and repair malfunctions of all traffic control equipment in Carmel, which includes but not necessarily limited to, Controller Timing Equipment, Loop Amplifiers, Conflict Monitors, Time Base Coordinators, and any other Accessory Supplemental Equipment. Field repairs of solid state equipment will be limited to replacement of faulty equipment and returning to the City in exchange for replacement equipment. The Traffic Signal Technician will need to know how to install timing values into the traffic signal control timers, understand how time base coordinators/dial coordinating units regulate actuated controllers with background cycles within an interconnected signal system. One set of operating manuals will be provided to the Contractor for all existing equipment. The Contractor is to see that the Traffic Signal Technician, who is responding to emergency maintenance, has a copy of the manuals with him for reference purposes. c:\suzscarmou000 21 Other models of equipment by other manufactures may be installed at intersections during the course of this contract. The Contractor will be issued manuals for new equipment and will be expected to become familiar with it. 8. Minimum Crew Size: Certain operations will require a minimum number of persons to accomplish the work. Persons in the listing below are not including those persons who are needed to direct traffic. A. Loop Cutting Minimum of 2 persons at least one must be a Skilled Laborer. B. Pole & Mast Arm, Strain Pole or Span Knockdown Minimum of 3 persons at least one must be a Skilled Laborer C. Pedestal Knockdown Minimum of 2 persons at least one must be a Skilled Laborer D. Replacing Signal Cable Minimum of 2 persons E. Replacement of "G" & "M" Controller Cabinets Minimum of 2 persons at least one must be a Traffic Signal Technician F. Replacement of "P" Controller Cabinet. Minimum of 3 persons at least one must be a Traffic Signal Technician G. Check Loop System at Detector Housing Minimum of 1 Traffic Signal Technician F. Loop Testing at Cabinet Minimum of 1 Traffic Signal Technician 9. F.qpipment Requirements: The following equipment is required as a minimum to complete the operations included in this contract. They are: A. Boom Truck Equipment that is capable of lifting and setting poles and mast arms and strain poles. B. Aerial Truck Equipment capable of lifting one or more workers and materials for the purpose of overhead work. 22 10. Manpower Classification: The following manpower classifications apply to this contract: A. Skilled Laborer Foreman, Traffic Signal Technicians, Equipment Operators B. Unskilled Laborer Common Laborer, Escort Service 11. Intersections: The following intersections are included as a part of this contract. Maintenance will be provided as indicated: A. 96th Street &Threel Road B. 96th Street & Priority Way C. 96m Street & Delegates Row D. 96th Street & Hazeldell Parkway E. 116" Street & Pennsylvania Avenue F. 116th Street & College Avenue G. 116th Street & Rangeline Road H. 116'" Street & AAA Way I. 116d' Street & Gray Road J. 116" Street & Hazeldell Parkway K. Cannel Drive & Pennsylvania Road L. Carmel Drive & Old Meridian Street M. Cannel Drive & Guilford Road N. Cannel Drive & Rangeline Road O. Cannel Drive & AAA Way P. City Center Drive & 3rd Avenue S.W. Q. 126'" Street & Gray Road R. Main Street & Guilford Road S. Main Street & Rangeline Road T. Main Street & 4'" Avenue U. 131st Street & Gray Road V. Rangeline Road & Medical Drive W. Rangeline Road & Executive Drive X. Rangeline Road & Gradle Drive Y. Rangeline Road & 126th Street Z. Rangeline Road & 136th Street Additional locations may be added during the life of this contract. CASuzyCan,et2000 23 The following flasher locations are included as a part of this contract. Maintenance will be provided as indicated: A. Old Meridian Street & Main Street B. Hazeldell Road for Cherry Tree Elementary School C. Lakeshore West Drive for Forest Dale Elementary School D. 126th Street for Mohawk Trails Elementary School E. Smokey Row Road & High School Drive F. Main Street at Cannel High School Additional locations may be added during the life of this contract. 12. Inspection Schedule The schedule for Quarterly Inspections and Annual Inspections is as follows: A. Week of January 8, 2001 - Quarterly Inspection B. Week of April 2, 2001 - Quarterly Inspection C. Week of July 9, 2001 - Quarterly & Annual Inspection D. Week of October 1, 2001 - Quarterly Inspection Failure to adhere to this schedule could be the basis for immediate termination of this contract. 24 NON-COLLUSION A}Yll)AVIT STATE OF INDIANA ) COUNTY OF NA►Jcock ) The undersigned, being duly sworn on oath says, that he is the contracting party, or, that he is the representative, agent, member or officer of the contracting party, that he has not, nor has any other member, representative, agent, or officer of the firm, company corporation or partnership represented by him, directly or indirectly, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of the annexed agreement other than that which appears upon the face of the agreement. Contractor Nttch&et All ` (511Ce_ (Print or Type Name) Subscribed and sworn to before me this e2 nJ day of Noue mb er , 20 oo . ?id r2�tla- __ ary Public (Print or Type Name) My Commission Expires: t ., MELINDA S.MC GHEE •:mot;: Marion County Ne+c € My Commission Expires j0'''' June 29,2007 C:\auzy\cenne12000 APPROVED, AS TO FORMBy?5...._ AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety("City"), and Signal Construction, Inc. ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same and/or its provision of any goods and/or services ("Goods and Services") hereunder shall constitute Vendor's acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the Goods and Services described in attached Exhibit A, which is incorporated herein by this reference, and Vendor agrees to provide same and to otherwise perform the requirements of this Agreement and to execute its responsibilities hereunder by following and applying at all times the highest professional and technical guidelines and standards. 3. PRICE AND PAYMENT TERMS: The total price for the Goods and Services contemplated herein shall be no more than $30,000.00. Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty (30) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. Subject to the above, if the undisputed invoice amount is not paid within thirty(30) days of its receipt by City, Vendor shall so notify City. If such amount as is not disputed is not thereafter paid within ten (10) business days from the date such notice is received by City, then a late charge in a sum equal to one percent (1%) of such unpaid and undisputed invoice amount shall accrue and be immediately due and payable by City to Vendor as a separate debt for each month it remains unpaid. In the event an invoice amount is disputed, City shall so notify Vendor. If such dispute is not resolved to City's satisfaction within five (5) business days after notice of such dispute is given, City shall pay such amount as is in dispute, under protest, into the Carmel City Court, which court shall hold such monies until provided with a settlement agreement signed by both parties hereto or a final judgment has been entered thereon. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to the specifications, drawings, samples, instructions, directions and/or descriptions thereof furnished to Vendor by City and/or by Vendor to and accepted by City, that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. In addition, Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services covered by this Agreement have been selected and provided by Vendor based upon City's stated use and will be fit and sufficient for the particular purposes intended by City. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. Prior to and with the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. Vendor shall indemnify and hold harmless City from and against any and all liabilities, losses, claims, costs and expenses, including, but not limited to, attorney fees incurred by City in connection with any such lien and/or the removal thereof This indemnification obligation shall survive the termination of this Agreement. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, files, or has filed against it, a petition in bankruptcy, for receivership or other insolvency proceeding, makes a general assignment for the benefit of creditors or, if Vendor is a partnership or corporation, dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; (2) obtain, upon such terms and in such manner as City deems appropriate in its sole discretion, the same or similar Goods and Services which were to be provided to City by Vendor, and Vendor shall be liable to City for any excess costs of the City in obtaining same; and (3) exercise any other rights or remedies as are available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana and reasonably acceptable to City, such insurance as is necessary for the protection of City and Vendor from any and all claims for damages or otherwise under any workers' compensation, occupational disease and/or unemployment L.bw d&anaemia.vaaeae:eInmu7 2 compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any and all of Vendor's agents, officers, employees, contractors, subcontractors and other persons; because of any injury to or destruction of property, including, but not limited to, loss of use resulting therefrom; or, otherwise. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement, Vendor's use of City property, or otherwise, except for such liabilities, claims or demands that arise directly and solely out of the negligence of City. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors, subcontractors and other persons in the performance of this Agreement, or otherwise. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations, codes and ordinances. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors, subcontractors and other persons shall comply with all existing and future laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement, with respect to the hire, tenure, terms, conditions or privileges of employment and to any other matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. City reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person so discriminated against. t*n.wd.:aiP .wrrwvaol 3 12. NO IMPLIED WAIVER: The failure of either party at any time to require performance by the other of any provision of this Agreement shall in no way affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision thereof. 13. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and Vendor and all of its officers, employees, contractors, subcontractors, agents and other persons are not and shall not become employees of City, and the sole responsibility to pay to or for same all statutory, contractual and other benefits shall remain exclusively with Vendor. The contract price set forth herein to be paid hereunder by City to Vendor shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 15. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties further agree that, in the event a lawsuit is filed hereunder, they waive any rights to a jury trial they may have, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 16. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of this Agreement shall remain in full force and effect. 17. NOTICE: Subject to paragraph 16 hereinabove, any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Cannel, Indiana 46032 ATTN: Dave Klingensmith (with a copy to City Attorney, One Civic Square, Cannel, IN 46032) If to Vendor: Signal Construction, Inc. 5639 West US 40 Greenfield, IN 46140 (.n..a.:Years' .e:Iw,mj 4 ATTN: Michael McGhee Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within ten (10) business days from the date of such oral notice. 18. TERMINATION: 18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination. 18.2 Either party hereto may terminate this Agreement at any time upon thirty (30) days prior notice to the other party. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination. 19. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons or entities executing this Agreement have the authority to bind the party which they represent. 20. ADDITIONAL GOODS AND/OR SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and/or services to City. When City desires additional goods and/or services from Vendor, the Mayor or his duly authorized representative shall notify Vendor of such additional goods and/or services desired, as well as the time frame in which same are to be provided. Vendor shall then provide, at no cost to City, an estimated cost for such additional goods and/or services, as well as the date by which same will be provided to City. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and/or services shall Vendor be authorized to provide same, the identification of which shall be set forth in documents which shall be numbered and attached hereto in the order they are approved by City. 21. TERM Subject to the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2000, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 22. FORCE MAJEURE Any delay or failure of either party to perform its obligations hereunder shall be excused if, and to the extent, same is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, provided that notice of such delay (including the anticipated �r:�xrkervr.i.er.ure.e:wrrouj 5 duration of the delay) shall be given by the affected party to the other party within five (5) business days after the first day of such event or occurrence. During any such period of delay or failure to perform by Vendor, City, in its sole option, may purchase some or all of the same or similar Services and/or additional services from other sources and reduce the Services requested of Vendor hereunder by such degree, or have Vendor provide some or all of the Services and/or additional services from other sources at times requested by City and at the prices set forth in this Agreement. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT City and Vendor, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to this Agreement and to such other party's officers, officials, agents, partners, successors, assigns and legal representatives in all respects as to all covenants, agreements and obligations of this Agreement. 25. NO THIRD PARTY BENEFICIARIES Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone other than City or Vendor. 26. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, have had the opportunity to obtain the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily, and without any duress, undue influence, coercion or promise of benefit, except as expressly set forth herein. 27. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail, unless the parties hereto, or their successors in interest, expressly and in writing agree otherwise. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. [remainder of page intentionally left blank] Ia•nra.:ur.i. a.aw.aoi 6 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Signal Construction, Inc. by and through its Board of Public 5639 W. US 40 Works and Safety Greenfield, IN 46140 By: By: Michael McGhee, President // J. es Brainard Pre iding Officer Authorized Signature Date: r o M,ciAccei Me-G11c Printed Name Mary urke, imbe coo �j eC S i Date: Title Billy Walker, Member FID/SSN: 2 3- 111 020 Z Date: Date: iuouemd er Pit 20co ATTEST: •/Q (4. Od le L i Aft, Diana Cordra , C, Clerk-Treasurer Date: /VAAnn las.c tS.S....w..e::unmot 7 EXs he/ r "4 " ITEMIZED UNIT PRICE SCHEDULE bd TRAFFIC SIGNAL MAINTENANCE CONTRACT CARMEL, INDIANA This contract will be awarded based on the sum of the first five (5) items as follows: Item II Description Estimated Unit Total i Quantity Price i 1 Emergency Response Maintenance 40 85 .oo 3 y oo .00 j Scheduled Maintenance, Quarterly Inspections, 2 Traffic Signals 112 so.co stoop .co Scheduled Maintenance, Annual Inspections, 3 Traffic Signals 28 2xs.•• (9300 .00 il . Scheduled Maintenance Quarterly Inspections - 4 Flashers 36 ao.00 -Iao. 00 5 Scheduled Maintenance, Annual Inspections - 6 c 1 Flashers f oo..a (D� .oo i Total (, (020.00 1 i However, the Board reserves the right to reject any quote wherein any item(s) appear(s) to have been 5uoted at an inflated price. 1 {-1 1 . Item X Description Unit Unit Price 6 Anchor Bolt Repair Each I a 5.00 i i 7 Install Sign Each 1 ao.o0 8 3C/#8 Signal Cable LFT t. (co 1 9 3C/#14 Signal Cable _ LFT • 8p 1 10 5C/#14 Signal Cable LFT . R5 11 7C/#14 Signal Cable LFT1 . 10 12 2C/#16 Shielded Cable for Loops LFT 1 .m -- 13 Loop Installation LFT Tighten Span & Catenary 'Oo 14 and Tether Cable Each 0o.o0 15 Install Si nal Head ss Each loo .00 16 Ad'ust Detector Housin to Grade Each 50.00 1 17 Installation of Detector Housin Each s O 18 Ad"ust Handhole to Grade 19 CabinetEach o Foundation Ex ansion Each 500 .03 C:auzykannel2000 2 I 20 Install Tether Cable Each 2 2,5 .co it 21 Install or Replace Traffic Signal Controller Each Cabinet a o o . 00 1 22 Install Direct Bury Cable _ LFT 2, 50 23 Install Traffic Signal Pole & Mast Arm _ Each c('15 . oo 1 24 Install Traffic Signal Strain Pole _ Each 4 2 5 .oo 25 Pedestal Foundation, Type "A' Each a So .00 26 Controller Foundation, Type "M" Each 5 00 . o0 I — 27 Controller Foundation, Type "P-1" Each 5 so. 00 Signal Mast Ann Foundation, 2'-6"x2'- 28 6"x6'-0" Each (coo . 00 1 Signal Mast Arm Foundation,3'-0"x3'- 29 0"x7'-0" Each 7 So. o0 Steel Strain Pole Foundation,3'-0" Dia x . 30 12"-0" Each Il,00,00 31 Install 2" Galvanized Steel Conduit LFT 144 .oo 1 32 Install 35' - 45' Class 2 Wood Pole, Down Each Guys, Anchor 500.00 33 Install New Handhole Each (o 00 .o 0 34 Install or Replace Electrical Service Each cl50.0o ' 35 Install Disconnect Hanger Each 2 2 5 .o0 36 Install Span, Catenary & Tether w/Fittings Each 7 5 o.o0 37 Fiber Optic Interconnect Cable LFT 5. So 1 38 Flasher - Strobe Bulb Replacement Each (o S.Co 39 Install Pedestal Mounted Flasher Assembly Each 400 po - ` 40 Install Pedestrian Push Button and Sign Each 50 .00 -sr— 41 ' Skilled Laborer Per Hour (oo . Oo 42 Unskilled Laborer Per Hour 30. 00 43 Boom Truck Per Hour go.0 0 44 Aerial Truck Per Hour — AO. Co 45 Signal Maintenance Truck Per Hour 5. 00 j c:""aym"n,"1z000 St 3 I SCOPE OF WORK 1 The work contemplated in this contract includes the following: The performance of "Emergency Response Maintenance" on all traffic signals in Cannel, Indiana; The performance of"Scheduled Maintenance" on all traffic signals in Carmel, Indiana; The performance of "Non-Routine Maintenance" on any traffic signal installation in Carmel, Indiana; as defined and specified in other parts of this Contract Document. r [I t 11— 1 -- i 14— I c:.uzyt"�a000 4 EXHIBIT B Professional Services Invoice Date: Name of Company: Address &Zip: Telephone No.: Fax No.: Project Name: Invoice No: Person Service Services Provided Hourly Hours Total Performing Date (Describe in detail in one- Rate Worked Service tenth hour units) GRAND TOTAL cig"°t0re ❑l+nted name EXHIBIT C INSURANCE COVERAGES Worker's Compensation& Disability Statutory Limits Employer's Liability: Bodily Injury by Accident: $ 100,000 each accident Bodily Injury by Disease $ 500,000 policy limit Bodily Injury by Disease $ 100,000 each employee Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $1,000,000 Products/Completed Operations: $1,000,000 Personal & Advertising Injury Limit: $1,000,000 Each Occurrence Limit: $1,000,000 Fire Damage(any one fire): $ 50,000 Medical Expense Limit (any one person): $ 5,000 Comprehensive Auto Liability Owned, hired and non-owned each accident Bodily Single Limit: $1,000,000 injury and property damage Umbrella Excess Liability Each occurrence and aggregate $1,000,000 Maximum Deductible $ 10,000 Professional Responsibility Insurance: Per Occurrence: $1,000,000 Aggregate: $1,000,000 CARMEL STREET DEPARTMENT 211 2ND STREET S. W. CARMEL, INDIANA 46032 (317) 571 -2637 Date: December 6, 2000 To: Board of Works and Safety From: David Klingensmith ,° Re: _Bid-Recommendation 2001 Traffic Signal Maintenance It is my recommendation to the Board of Public Works and Safety that Signal Construction, Inc. 5639 W. US 40, Greenfield, IN 46140 be awarded the 2001 Signal Maintenance Contract for the City of Carmel. Their bid for $16,620.00 was the lowest and most responsive and responsible. Thank you. A & FI ENGINEERING CO., LLC. TRANSPORTATION ENGINEERING STUDIES•TRAFFIC IMPACT ANALYSES p� STREET DESIGN•HIGHWAY DESIGN•TRAFFIC ENGINEERING EN G I N E E R S OG PLANNERS PARKING LOT DESIGN•TRANSPORTATION PLANNING STUDIES CONSTRUCTION ENGINEERING•CONSTRUCTION OBSERVATION REGISTRATION INDIANA WILLIAM J. FEHRIBACH, P.E. ILLINOIS IOWA PRESIDENT KENTUCKY MICHIGAN OHIO STEVEN J. FEHRIBACH, P.E. VICE PRESIDENT November 2, 2000 Mr. David Klingensmith Street Commissioner City of Cannel 211 21d Street Carmel, IN 4602 Re: Quote Summary Traffic Signal Maintenance 2001 Dear Mr. Klingensmith: Request for quotes were mailed to the following companies: James H. Drew Corporation Midwestern Electric, Inc. Signal Construction, Inc. Zeal Construction Services, Inc. Quotes were received from the following: Signal Construction, Inc. $16,620.00 Midwestern Electric, Inc. $22,236.00 Zeal Construction Services, Inc. $25,340.00 Each of the contractors are qualified to provide the inspection services. Therefore, I recommend the award be made to Signal Construction, Inc., having submitted the lowest responsible quote. If you have any questions please do not hesitate to call. Sincerely, A&F Engineering Co., LLC RI G% i L William Fehribach, P.E. President 8425 KEYSTONE CROSSING, SUITE 200 - INDIANAPOLIS, INDIANA 46240 - TELEPHONE (317) 202-0864 FACSIMILE (317) 202-0908