HomeMy WebLinkAboutECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. 2 -2008
INSURANCE ON FILE
WORKMAY PROCEED
UNTIL INSURANCE EXPIRES
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A-2008-084
CONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of May, 2008 by and between
Econolite Traffic Engineering and Maintenance, Inc., a California corporation (hereinafter
"Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field
of street lighting systems and installation of underground cables and conduits.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall provide street light repair and replacement for the Floral Park
neighborhood, as set forth in City's Request for Proposal dated December 6, 2007, attached
hereto as Exhibit A, and incorporated, in full, by this reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services,
the rates and charges identified in Contractor's Fee Proposal, attached hereto as Exhibit B. The
total sum to be budgeted under this Agreement shall not exceed $375,000.00, per fiscal year, for
a total compensation of $1,125,000.00 during the term ofthis Agreement. The total
compensation includes a contingency for replacement of conduit as necessary, and other
unforeseen circumstances. Said funds shall accumulate during the term of this Agreement if not
expended during the fiscal year allocated to this Agreement.
b. The Contractor will be paid monthly in arrears for work performed satisfactorily under
this contract. By the 10th of each month the Contractor shall submit a detailed progress report,
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detailing the percentage of work completed on the circuit in the prior month. This report shall be
accompanied by a billing in accordance with the contract price for the work performed, and shall
become the basis for payment. Payment by City shall be made within thirty (30) days following
receipt of such invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set forth in
the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and will terminate
December 31,2009, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended upon the written approval of the Executive Director of the
Public Works Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Contractor's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Contractor's comprehensive general liability insurance
policy shall contain language substantially similar to the following clauses:
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(1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701;
its officers, employees, agents, volunteers and representatives are named as additional insureds
with regard to liability and defense of suits arising from the operations and uses performed by or
on behalf of the named insured.
(2) With respect to claims arising out of the operations and uses performed by or
on behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insured.
(3) This insurance applies separately to each insured against whom claim is made
or suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
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f. Certificates of insurance evidencing the coverages required by the clauses set forth
above shall be filed with City prior to the effective date of this Agreement. This is a condition
precedent to the formation of any obligation by City to compensate Contractor under this
agreement.
6. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
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8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Public Works Agency
Administrative Services
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5069
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor:
Econolite Traffic Engineering and Maintenance, Inc.
3360 E. La Palma Avenue
Anaheim, California 92806
telefacsimile (714) 666-1123
Attn: Rick Duncan, Operations Manager
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
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deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Contractor consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. RESPONSIBILITY FOR DAMAGES
The Contractor shall be responsible for all damages to persons and/or property that occur
as a result of the fault or negligence of said Contractor or its employees in connection with the
performance of this work.
17. FAILURE TO PERFORM SATISFACTORILY
A. It is agreed and understood that if the Contractor fails to perform the work as
specified herein, the Director 1) will only pay for the amount of service received as
determined by the Director with an appropriate downward adjustment in contract
price, or 2) may have such required work done by City forces or otherwise, and
charge the cost thereof to the Contractor.
Such adjustments will be the estimated cost for performance by City forces plus
City overhead and will include overtime pay as required to complete work.
B. The Director may make a billing adjustment in monthly payments for
insufficiencies in service rendered by the Contractor. Billing adjustments for this
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unsatisfactory service may be permanent retention of 100% of the estimated
monthly cost for work that is incomplete or deficient as stated herein.
C. If the Contractor performs the work in such a manner that the amount of payment
withheld due to sub-standard performance, non-performance and forfeiture for non-
completion per schedule totals five (5) percent of the total contract price, the City
will put the Contractor under notice of non-compliance. If the Contractor continues
to perform the work in such a manner that the amount of payment withheld due to
substandard performance, non-performance and forfeiture for non-completion per
schedule totals ten (10) percent of the total contract price, the contract is subject to
cancellation at the City's option. In the event of cancellation for unsatisfactory
performance, the original Contractor shall reimburse the City for damage accrued
by changing contractors
18. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide
required maximum safety to the public and where applicable, comply with all safety standards
required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist
orders to the Contractor when unsafe or harmful acts are observed or reported relative to the
performance of the work under this contract.
19. UNDERGROUND SERVICE ALERT (USA)
Underground Alert Systems must be notified 48-hours in advance prior to commencing
work that involves digging underground. This notification is required for each location. The
telephone number is 1-800-422-4133.
20. HAZARDOUS CONDITIONS
The Contractor shall maintain all work sites free of hazards to persons and/or property
resulting from his operations. Any hazardous condition noted by the Contractor, which is not a
result of his operations, shall be immediately reported to the Public Works Agency.
21. UTILITIES
Any Damage to utility lines that occurs shall be immediately reported to the utility
company that is involved. The cost of repair, if required, will be at the Contractor's expense. If
damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment
or necessary replacements of the same shall be at the Contractor's expense.
22. ACCESS TO PRIVATE PROPERTY
Prior to any work that will restrict access to private property, the Contractor shall notify
each affected property owner or responsible person, informing him of the nature of and the
approximate duration of the restriction.
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23. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection of all improvements adjacent to the
work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences,
wall, sidewalks, street paving, etc., located on either public or private property. If any
improvements are removed or damaged, other than those designed for removal, then such
improvements shall be replaced in kind at the Contractor's expense.
24. TRAFFIC CONTROL
The Contractor shall conduct all work in a manner that will insure continuous traffic flow
on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH
Handbook, the Contractor will contact the Director for approval.
25. MISCELLANEOUS TRAFFIC DEVICES
Contractor shall provide all traffic control and miscellaneous traffic devices as may be
required for Routine and/or Extraordinary maintenance of this contract.
Signs used for handling traffic during the course of this contract shall be in accordance with
the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and
made a part of these special provisions. The method in which signs, barriers and other
miscellaneous traffic devices are used during construction and/or repair shall be in accordance with
the publication mentioned. A copy of said publication is on file in the Public Works Agency.
All signs shall be illuminated or reflectorized when they are used during hours of darkness.
All cones, pylons, barricades or posts used in the diversion of traffic shall be provided with
flashers, or other satisfactory illumination if in place during hours of darkness.
26. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO
CONTRACT
Should the contractor fail to correct deficiencies or public nuisances that have been created
because of his operation, then these will be considered to be of an emergency nature. City shall
have the right, but not the obligation to make the corrective work. Such work will be done on a
force account basis with an additional callout charge of $200.00 for each callout.
27. APPRENTICESIDP STANDARDS
Where required under law, the prime contractor on this project shall assume full
responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the
California State Labor Code.
28. SUBCONTRACTORS
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a. Designation of Subcontractors
In accordance with the provisions of Section 4100 and subsequent sections of the
Government Code concerning the Subletting and Subcontracting Fair Practices Act,
Contractor's proposal lists all subcontractors who will perform work or labor or render
service to the Contractor's total proposal.
b. Proposers Note Carefully
If Contractor failed to specify a subcontractor for any portion of the work to be
performed under the contract in excess of one-half of one percent of the total bid, he
agrees to perform that portion himself. The Contractor shall not, without the written
consent of the City:
(a) Substitute any person or firm as subcontractor 10 place of the subcontractor
designated in the original proposal.
(b) Permit any subcontract to be assigned or transferred or allow it to be performed by
anyone other than the original subcontractor listed in the proposal.
(c) Subcontract any portions of the work if the cost thereof exceeds one-half of one
percent of the total proposal and a subcontractor was not designated for the work in
the original proposal.
29. PAYROLL RECORDS
Section 1776, Chapter 1 of Division 2, from the California Labor Code relating to
apprentices on Public Works, requires that each contractor and subcontractor keep an accurate
payroll, showing the name, address, social security number, work classification, straight time, and
overtime hours worked each day and each week, and the actual per diem wages paid each
journeyman, apprenticeship or worker employed by him. The payroll shall be made available to
the employee or this authorized representative, the Division of Labor Standards Enforcement and
the Division of Apprenticeship Standards.
Pursuant to Labor Code S 1778.8, the Contractor agrees to pay travel and subsistence
payments to each workman needed to execute the work in accordance with applicable collective
bargaining agreements filed with the Department of Industrial Relations.
30. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is not,
in fact, held by the signatory or is withdrawn.
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b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF SANTA ANA
ATTEST:
~~~
~.... PATRICIA E. HEALY
Clerk of the Council
~~
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
ECONOLITE TRAFFIC ENGINEERING AND
MAINTENANCE, INC.
By:
La a Sheedy
Assistant City Attorne
.J
~~--
President
Tax ID# 81 -os'fro 7 2~
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EXHffiIT A
FLORAL PARK NEIGHBORHOOD
STREET LIGHT REPAIR SPECIFICATIONS
I. SCOPE OF WORK
The Request for Proposal calls for repairs of the existing street light system in the Floral
Park Neighborhood due to age and deterioration. The Floral Park Neighborhood is
located in the north part of the City and is bounded by Riverside Drive on the north,
Flower Street on the west, 17th Street on the south, and Broadway on the east. This
project will include the replacement of all cable, replacement of portions of deteriorated
conduit where required, removal of potheads from street light poles, removal of pull
boxes and installation of new globes in the North Park circuit, North Residential circuit
and Broadway circuit.
The Floral Park Neighborhood is a high voltage series street lighting system that was
installed in the early 1920's. The neighborhood has witnessed numerous power outages
which are becoming more frequent. The system repairs have been "piecemealed" over
the years and it is unknown how much, if any, of the existing conduit may need to be
replaced.
The conduit in that area is old and deteriorated. The City is considering two options -
replacing all conduit and utilizing existing conduit. Pricing requested from the
Contractor will include both options.
The lead casing that surrounds the existing cable is possibly considered hazardous
material for disposal purposes. Staff will confirm the cable disposal and/or recycling
options and send you an addendum on this issue.
The Floral Park Neighborhood has approximately 57,000 linear feet of cable:
Circuit
Not to exceed budget (excluding
conduit replacement and unforeseen
circumstances)
$392,136.00
$526,772.00
$ 92,315.00
· North Park Circuit - 22,000 feet
· North Residential Circuit - 30,000 feet
· Broadway Circuit - 5,000 feet
The scope of work includes the following details:
· Replace all cable using existing conduit.
· Replace deteriorated conduit only if it is more cost effective to replace than to
work with existing conduit, as directed by the Director.
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· Separate pricing is requested for replacing all conduit with 1 Y2-inch conduit
installed 18 to 36 inches below grade.
. Remove potheads from street light poles as work progresses.
. Remove all pull boxes except for required boxes as work progresses.
. Install new globes.
· This is a working system; system must be de-energized each morning and re-
energized each afternoon. Contractor is responsible for keeping street lighting
system operational.
. Lockout/tagout is required.
. Proper disposal or recycling of hazardous materials is required.
. Work shall start from the service point and proceed to completion of one circuit
prior to starting work on another circuit.
· All connections must be made by the end of each day as the system shall be
energized each evening. At no time can a cable be left unconnected prior to
energizing.
. All return lines must be separate and identifiable.
. A sketch of a typical cable replacement is attached.
The City acknowledges the complexity of this project, the scope of work requested and
that unforeseen work may be required during the scope of the project. A map showing
street light locations and service points is attached to this proposal (EXHffiIT A-I).
Funding will be allocated over a three or four year period until the work is completed.
The City, at the discretion of the Director, reserves the right to decrease the scope of
work during the duration of the agreement
The Contractor shall provide at his own risk and cost all labor, materials, tools,
equipment, traffic control and miscellaneous devices, transportation, hauling, dumping,
recycling of construction and demolition material, and proper disposal and/or recycling of
hazardous materials as part of this project.
II. APPROVED MATERIALS
A. CONDUIT
1. Rigid, nonmetallic electrical conduit
2. Sizes:
I"
1 1,4"
1 Y2"
2"
3. Fittings to match conduit sizes
B. CONDUCTORS
1. A WG wire size #8 solid copper wire.
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2. Rated for operation at 5,000 volts.
3. 2.8mm polyethylene insulation per Power Cable Engineers Association.
4. Approved oil resistant rubber tape and vinyl chloride tape for splicing.
C. GLOBES
1. Polycarbonate white textured
2. Acorn style globe (matching existing)
3. Size
North Park and North Residential areas
a. 15" x 23 Y2" x 8"
Broadway
a. 16" x 27" x 9"
D. CONCRETE
1. Replacement concrete must match existing concrete.
III. FUNCTIONS AND RESPONSIBILITIES
A. DIRECTOR
The Director shall have the authority to accept/reject materials, workmanship and to
make minor changes in work or schedule. When the performance of the work or
completion per schedule is determined to be sub-standard, he may (1) recommend
that all or a portion of payment be withheld, and/or forfeiture for delay be assessed;
(2) direct the work be accomplished by a separate contractor, in order to complete
the necessary work as close to schedule as possible, and withhold the resulting
costs. Payment to be withheld shall be deducted from the next monthly payment
due the Contractor, or if the amount is insufficient to cover payment, the Contractor
shall be liable and will be billed accordingly.
The Director, or his authorized representative, shall decide all questions, which may arise as
to the manner of performance and completion per schedule, acceptable fulfillment of the
contract by the Contractor, interpretation of the specifications, and compensation to include
completion of work by alternate sources.
B. CONTRACTOR
(1) Local Office
The Contractor shall maintain a local office with a competent representative
who can be reached during normal working hours and authorized to discuss
matters pertaining to this contract with the Director. A local office is one
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that can be reached by telephone without it being a toll call. Contractor
will not be allowed to store equipment or materials at any contracted area.
(2) Submittals
The Contractor shall submit to the Director at the beginning of work, 1) a
proposed job schedule, 2) time sheet, 3) names and titles of all persons
working on the project, and 4) materials to be used on the project for
approval. All submittals shall be periodically updated as necessary. The
Director shall be immediately notified of any deviation from schedule or
material usage.
(3) Uniforms/Identification
The Contractor shall provide to all field personnel a standard uniform with
company identification. All vehicles and equipment on the project site shall
also be properly marked with company identification.
(4) Licenses and Permits
The Contractor shall, prior to award of contract and without additional
expenses to the City, possess all licenses and permits required for the
performance of the work required by this contract, including but not limited
to C-I0 Electrical License and a City of Santa Ana Business License.
(5) Compliance with the Law
The Contractor agrees that its performance under the contract shall comply
with all applicable laws of the United States of America, the State of
California, the County of Orange, the City of Santa Ana, and any other body
having jurisdiction over the activities of the Contractor.
(6) Work Force
a. The Contractor shall insure that all work under this agreement is
supervised by Contractor employed supervisory personnel who are
technically qualified and possess management skills required to
implement modern methods and newly developed procedures
b. The Contractor shall insure that all work under this agreement is
performed by fully qualified, experienced personnel, directly
employed by the Contractor.
c. The Contractor shall be responsible for the skills, methods, appearance
and action of Contractor's employees and for all work done. The
Contractor's employees shall be U.S. Citizens and/or legal residents.
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d. The Contractor shall perform the work provided for in this contract
under the direction of the Director. The Director may make
inspections at any time and may request that the Contractor perform
additional work or services to bring Contractor's performance to the
level required by this agreement.
(7) Material
The Contractor shall submit a list to the Director all materials that the
Contractor proposes to use in the execution of this work. Said list shall be
submitted before use of any product, pursuant to the provisions of this
agreement. All materials used or submitted shall be in full compliance
with all Federal, State, County, and local agency laws, guidelines and
requirements.
(8) Recycling
All waste (including greenwaste and construction and demolition
materials) resulting from work performed under this contract shall be
recycled. A recycling work plan shall be submitted to the project
manager prior and approved before the project begins. All hazardous
waste shall be disposed of properly and/or recycled.
(9) General Maintenance and Clean-Up
All trash and debris shall be removed from all worksites at the end of
each day. The Contractor shall keep sidewalks and all paved areas in the
parkway swept and cleaned of any debris, dirt or soil.
(10) Emergency Service
The Contractor shall be able to receive and respond to the City's call for
emergency service twenty-four hours per day, seven days per week.
Response time shall be immediate but not less than two hours to remove
or eliminate a public safety hazard. Contractor shall provide the City with
a local telephone number where contractor can be contacted twenty-four
hours per day, seven days per week.
(11). Penalties and Fines
Failure to comply with requests from the Director and/or creating
unnecessary delays, as determined by the Director, may be cause for fines
and penalties in the amount of $200.00 per occurrence per day until said
request(s) is completed. These shall be deducted from invoiced payments.
16
[) EXCA V ATE AT EACH POLE OR PULLBOX LOCATION.
CUT CONDUIT BY 90 DEGREE ELBOW.
o PULL OUT CABLE.
o INS TALL PVC COUPLINGS.
<9 INSTALL NEW CABLE.
@ REMOVE POTHEADS.
@ MAKE NEW CONNECTIONS.
- .,::.::.._"-~~
I I
I !"i_iiJ I
: II II :
I "\\ I
REMOVE AS
YOU PROCEED.
I
I I
- - _.- -
I I
-----
PPROVEDI DA TE:
CITY OF SANTA ANA
PlBJC W<R<8 A(BC(
REPUCES 510. PUll IIIQ, L
CITY ENGINEER
DATE
REVISION
LJ::j
TYPICAL CABLE
REPLACEMENT SKETCH
PAGE
tIIII:R
EXHIBIT 8
VII. PRICING - LABOR RATES
Labor Cost
Straight Time Rate
Overtime Rato
Provide a listing of contractor's rates (including all fringe benefits, mark-up, overhead etc.)
for all job classifications to be assigned to work on this project.
1. WAfRC- Si~L aEer.
2. Tr4'ff"lt5ltltJI\L ~
3. uq~JT fJ}Il!lf:. ft/IAJ ~'["UJ{).(JCL.
4.
5.
6.
Materials Cost
Provide a listing of materials to be utilized and pricing
1. -I {<< Gili:.- Cp,j()(H r __
('/Lt .. bet. CCNDiJ tl
2.
jl/il ~ CO'mJi r
3.
4. ~u.:>eE 5 ~~tt2___
5. 21t 6e~ tg-.lDJLT
o. -rl13 H.II. U(;tH.ft.N(l Vvl.~
7,
Mark-up %
\5'10
CosVLinear Foot
".'~ ~.
S ::l .-: lrF
$ L{ 'S-l-F
$_~~ lrF
$ I l t f=..A,u-\
$ 70!.
__n ~
$ ~ 9 ~ r:,
s
$
EXHIBIT B
Installed Conrjuit Cost
Total Cost/Linear Fool
Provide an rnstfilled cost (including labor, n13tcrials Clnd r3qulpmcnt) per linear foot for th8
following si7es of conduit
1. __1-inch .~l.lf:Q__ $ (01 /...r-
2. 1~. inch ~~'i{E:O S 0>l Lt:-.
--.-.,.
:~. 1 i':- inch T1>0".('40) S 03 i..;=
--.-.-.-
4. 2-inch r~:.NOtED S lP5t.F
Equipm8nt Cost
Daily Rate
Provide rl listing of equipment to be utilized
1. Can A2.es:~
2. ~ePA2.0
3. 5Ei2.\J l CE. \J f.H (CL.E...
4. DurflP T((?VUL
_._-_._~_.,._- .---., .
S 100
s lro
S LfD
S 3CO
s 27~
5. l\2B'JCH82-
EXHIBIT B
VII. PRICING - NORTH PARK CIRCUIT
Contractor will provide aU materials, labor and equipment costs to provide replacement of
all cable utilizing existing conduit, removal of pothead~om street light poles, removal
of pull boxeY'and installation of new g'obes~uipmenl and materials necessary for the
c.ompletion of following scenario in accordance with the approved materials identified in
Exhibit A.
Materials Cost
No. of Linear Feet
Cost/Linear Foot Total Cost
Provide a listing of materials to be utilized and pricing
1. #. .8 If.v. CAfL€ ZZ,trX:> $~ 2D~
- $-r--
2. -B.'fNOC ti~ JQ'{ $ 133 $ -L3,B 32-
3. SPUU rJ l::, .~At..s -~ $--~ $ 6,2L:o
4. -'- $-- $----
5. --~- $ -- S_ _
6. """""-- - -- S lbrAL- $39 ~l..
~---
Mark-up % ~o $ 5 ;~l. if
T olal Materials Costs $ LI5 L-H (0
I
Labor Cost Hourly Rate No. of Hours Total Cost
Provide a listing of contractor's rates (including all fringe benefits, mark-up, o'terhead etc.)
for each job dassification
1.._.~4J
2. J..IEJ../TltJf4 lfbIfJI(fN{
3. J..k:i:..m IX, "J1b.tNleI t.tJ
4 tAe&....
5. __~P~Ji<;(J~
- $ -3:L aeo $m~2.D
~
$ ...::J!L @ $1C,JZE:>
$ .. qo -8fQ $,q l.GO
~ -.:J _._
$ 70 861 $..kLlcro
$ \2D_ \to $ '3l.oC>
.. ~
$ .....-..- -- $
$ ~z.q 32.D
6
Total labor Costs
f~XHIBIT B
Equipment Cost
Daily Rate Total Cost
Provide a listing of equipment to be utilized
1. 5C/2..\Ji ~ V E:lft CLE. $ 40 $. 4400
2. CON1~ $ JJ20 $ If,OfP
3. &x;~ 772-11C1<- $1tX2 $1J..txV
,
4. 7fd?rJU-tElZ $ 1-75 $
5. $ $
Total Equipment Cost
s2fo}ioo
$ 3~2.} 3b
TOTAL NORTH PARK CIRCUIT
EXHIBIT B
VII. PRICING - NORTH RESIDENTIAL CIRCUIT
Contractor will provide all materials, labor and equipment costs to provide replacement of
all cable utilizing existing conduit, removal of potheads from street light poles, removal
of pull boxes and installation of new globes, equipment and materials necessary for the
completion of following scenario in accordance with the approved malerials identified in
Exhibit A.
Materials Cost No. of Linear Foot CostJUnear Foot Total Cost
Provide a listing of materials to be utilized and pricing
1 ~8._U.V.~ 3t?, Q:)() $ .q~ $ 2..7 'ioo,
-- .---.-
2. .fr/1J!fle bLd3E. S - --liC.i $-1.3.3 $. t 3J f232.
3. :5PucoJl:1 MATm~ J1l:t. $5Q $ S,_lCO
4. $__ $
5- -- --. $- $
6_ $-- TOTAL ; $_%. Q32.
_....
Mark-up % t 50/0 70'+0
$ .
Total Materials Costs $ 5'~ q7~
labor Cost
Hourly Rate
No_ of Hours
Total Cost
Provide a listing of contractor's rates (induding all fringe benefits, mark-up, overhead ate)
for each job classifICation
1. ~AN $~ 1 ZOO $.1 If>J ea>
2. /Abf! n rJ f, 7F.i'J.f NU.i ttJ $~ 1200 $~l~
3. Uf:;1I-t17Nfl T€l:J.f~(ClAtJ_ $ qo 12Dp $IO~lXX)
4. !:kLeJ)R- $ 70 l200 $ f3tt fXJO
5_ 5<J~~ $ &20 .lliQ $J8..oco
.... "- ".
6. ~----- $--.- $----
. Total Labor Costs $ '-/310 I et:;O
F.XIIIBIT 8
Equipment Cost
Provide a listing of equipment to be utilized
1. ~ iCE. Ve-fl C:1.F..
2. Cf}IY1 fJ/lESsO/l.
3. _~.TJ2ttIL
4. 712€N..0-l~_ _
5
Total Equipment Costs
TOTAl NORTH RESIDENTIAL CIRCUIT
Daily Rate
Total Cost
$__4D
$ I CO
$iOD
z.7G
$-
$-
$~
$J~,OC?O
$ 15,0::0
$---
$._--
$ '3CoJWO
$ 5ZiD. 772..
EXHIBIT B
VII. PRICING - Broadway CIrcuit
Contractor witl provide all m:its(Jals. I:loor and equipment l"OSts to provide replacement of
aU cable utilizing existing cDnduit. removal of potheads from street light poles, romoval
of unneeded pull boxes ano Instatration of oow globes. oQuipment ood materials
neCQssary for the completro'1 of following scenario in accordanco with the specifications
identified in E>Chlbtl A
Materials Cost
No of linear Feet
Co~Ulinear Fool Total Cost
Provide a listing of matenals 10 be utilized and pricing
1 #= B ~- v. fAex IE:.
2 E~I2~ <1~S__
3 ~~~Nq )'\IQ~'~~
_$CCO
4Lf
_50
~~.}
s /3:?
$ Z5
$--
$--
s%rx;
$_ 5B~2..
S(?-?9
$-
$--.-
S 11.752-
-'...-.-
$-1 7(.)3
$ 13 .515- _
.. -
4.
- - '-^'-~'.-
5
6
Mork-up %
$_._~L~
. J.fJ.JP
Total Jy4ateriaJs Costs
Labor Cost
Hourly Rate
No of Hours
Total Cost
Provide a UsUng of COntractoriS rates (incfuding aIr fringe benefits. mark-up. overhead ote )
for 88Ch job classificalion
1 ~c:JArJ $ '1'l_ Zco $ I q"c'Xo
-'--"
2 1d~~tJ6 "'lmJNCJ A"-!. $ qo ~ $_l8~
3 ~~ 71i(~Nt~MJ. $ qo ZfX) $J~,OOO
- -
4 M6olL. $~.. ZCO $.,/'i~OOO
-'--- "--'''-
5 SJPd2..\J l wi<-. s t20 ~~ $ 3,ctJO
6 ---,.. $ $ -'.-
Total LabOl Costs $ 'Z2,8CD
Equipment Cost
EXHIBIT B
Provrde n listing of eqUIpment to be utilized
1. _ -:;C-pJJj CF VEL1L~
2 CM1P/.:!.~s.5UQ.
3 &J0d2, ~~~-#+._
4 _"r~tJ(L 1eI-=--. _
5
Total Equipment Costs
TOTAL BROADWAY CIRCUIT
Daily Rate
T olal Cost
$~
S 100
$ I (?O
$~}5
$
$ --LD::?:P
$_2::0.,)
$ ..zty)()
:i._
$--
i.? 000
$~_.-
$ QZ,3t 5
,-
AC!JBl},. CERTIFICATE OF LIABILITY INSURANCE I OA IE (MMlDDlYY)
04/22/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
UnlonBanc Insurance Svcs, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
680 Langsdorf Drive #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 34009
Fullerton, CA 92834-9409 INSURERS AFFORDING COVERAGE
--..-- -- -- - - ----- -
INSURED INSURER A: Federal Insurance Company
Econollte Traffic Engineering & - -- - - ,-- -
, INSURER B, American Gua~antee and Liability I~
Maintenance, Inc. INSURER c:
3360 E. La Palma Ave. ~ERD: ------ - - -
Anaheim, CA 92806 - - -- -- -----
INSURER E:
Client#. 16427
ECONOLGRO
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FDA THE POlley PERIOD INDICATED. NOTWlTHSTANDlNG
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~--~PE OF INSUR~~-CE ---- ~ --~UCY NUMBER---- - ~.i.!fEY ~~~~EIP%~fl ~]'rtl~~~NT-- U~~TS--
A fEENERAL LIABILITY 35818716 04/27/08 i 04/27/09 I EACH OCCURRENCE 1 $l,OOO,1I00
I X -1,coMMEnCIAlGENE\-lAlllABllIlY f FIRE DAMAGE{A;~e fire) 151 000,.900- --
~ 1 __ ' CLAIMS MADE LxJ OCCUR ' MEp_~XP (A~ one ~rson) -. $1.0.000 ___
1L Ded/SIR:l 00,000 ! -"ERSONAL & ADV INJURY $l,OOO,OOll__
__ _ ~RALAGGREGA:TE ~,QOO,OOO
~EN'LAGGREGAT~ L1MITAPP~SPER: ~CTS -COMP~<?P AG$" $2,000,000_
\ - ipoLlcyl i~rg. : ILOC
A ~~UTOMOBILE LIABILITY 173215072
! ~ ;~: :~:~D AUTOS
[ SCHEDULED AUTOS
! X-HIRED AUTOS
r~ NON-OWNED AUTOS
I
LGARAGE LIABILITY
ANY AUTO
'-I
!
!,
! 04/27/08 04/27/09 I COMBINED SINGLE LIMIT !
I I (Eaaccldent) I $1,000,000
, ----- --
BODILY INJURY
I (Per person) $
r ------- I ----------
,
~D1L Y INJURY I.
I (Per aCCld~~~____
!
PROPERlY DAMAGE ;s
, , (Per accident)
B ~~ESS LIABILITY
~X] OCCUR ~
q DEDUCTIBLE
RETENTION :;
I WORKERS COMPENSATION AND
I EMPLOYERS' LIABILITY
!
I
I
IAUC534614103
04/27/08
04/27/09
AUTO O~L Y - EA ACCIDE~T--1-L
OTHER THAN EA ACC i $_ _ ____
AUTO ONLY: AGG 1$
I EACH OCCURRENf.~_ ,.~OJOQ~
I AGGREGATE _- ~ fOOO'OOO ___
1$
'I WC STATU- ----ro-i'H:1
__ TORY LIMITS nnLEFi I
E.L EACH ACCIDENT ~ 5 __
E,~.:.~ISE~E - EA EMPL qYE~~_~
E.L DISEASE - POLICY LIMIT I S
,
CLAIMS MADE I
I
OTHER
,
I
I
DESCRIPTION OF OPERA nONSlLOCA TIONSNEHIClESlEXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS
'10 Days Notice of Cancellation for Non Payment of Premium. Certificate Holder is added
as Additional Insured per policy form #80022305 (4-01); Waiver of Subrogation, Primary
and Non Contributory apply per policy form #80022000 (4-01) both a part of policy
#35818716.
(See Attached Descriptions)
~/I!f)
CERTIFICATE HOLDER
!
ADDITIONAL INSURED;INSURER LETTER:
CANCELLATION
City of Santa Ana
Alln: Vinh Nguyen
P.O. Box 1988/ M043
Santa Ana, CA 92702-1988
SHOULD ANYOFTHE ABOVE DESCRIBED POLlCIESBECANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL. ENDEAVOR TOMAIL~O DAYS WRITTEN
NOTlCETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, BUT FAILURE TODOSOSHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENT ",nVE
N~ 4Jt./~
ACORD 25-5 (7/97) 1
of 3
#S439003/M438969
CLRAG @ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAiVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (7/97) 2 of 3 #8439003 /M4 3 8 96 9
DESCRIPTIONS (Continued from Page 1)
RE: Traffic Signal System, Advanced Traffic Management System, and Street
Light System Maintenance in and for the City of Santa Ana. Certificate
Holder is amended to read: The City, its officers, employees, agents,
volunteers and representatives
AMS 25.3 (07/97) 3
of 3
#S439003/M438969
'~
CHUBB
Liability Insurance
Endorsement
Policy Period
April 27, 2008 to April 27, 2009
Effective Date
April 27, 2008
3581-87-16
Policy Number
Insured
Econolite Traffic Engineering And
Maintenance, Inc.
Date Issued
FEDERAL INSURANL'E COMPANY
April 27, 2008
Name of Company
X:~:~:i:~:i::::::t.:::~:::::::;:i::;:~*:::~::::::::;;:::;::::l~:i:l:;~!X*:::i;:;:t.:;:t.:;:*:;:t.>;::::i::::l:l:;:::::;:::::;:::::i:t:::::::::mmt.~~:::~j:~~:y.:ix:;'I'*:::::mmm:H::::;::H:::::::l"h:l::::::::;:;H:<'!':::~l:~:l:~;:$!'::::~i:':'~::;:t.:;:t;m:::::::H:::::<..~::::<:::::::~:<:::::::i~:;::::::::::<-1W::
This Endorsement applies 10 the following forms:
GENERAL LIABILITY
~:$l:Mx~~~~';)~~:i:~:l:~:~;;:~~'tKl<~~n~~:;:x:~~:r~s~~~~;=:'::;~1:$~ti:~:~~~~~H~:?'4fl$~$i~~~:R~$~:t~~:~:.<:::$1$:::$~::::ff:3::::~~~:[-lE~:@:~:l:~:lH:~:l:::$:::~:3:W::E:~:~~~::%:'
Under Who Is An Insured, Ihe following provision is added:
Who Is An Insured
Owners, Lessees Or
Contractors
Any person or organization designaled helow is an insured; but they are insureds only with respect
to their liability as owner~ lessee or contractor arising oul of your ongoing operalions performed for
that insured.
B
Liability Insurance
Form 80-02-2305 (Rev 4-01)
Additional Insured - Owners, Lsssiss Or Contractors
Endorsement
continued
Page 1
Who Is An Insured
Owners, Lessees Or
Contractors
(continued)
Liability Insurance
Form 80.02-2305 IRav. 4-01)
Designated Owners. Lessees Or Contractors
Additional Insured as per attached Certificate of
Insurance.
All other term, and conditions remain unchanged.
Authorized Repr9Ssntativ8
w~
Additional 1nsurBd - Owners, LftSS88S Or Contractors
EndorSQmsnt
last p8g8
Pag8 2
Econolite Control Products, Inc.
Econolite Trafffic Engineering & Maintenance, Inc.
California Chassis, Inc.
Policy #35818716
Conditions
Dutiesln The Event Of
Occurrence. Offense.
Claim Or Suit
(continued)
Legal Action Against Us
Other Insurance
Liabl1ity Insurance
Form 80-02-20(}{{Rev. 4-01)
F.
Knowledge of an occurrence or offense by an agent or employ'''' of the insured will nOl
constitote knowledge by the insured, unless an ortieer (whether or not an employee) of any
insured or an orticer'sdesignoc knows about such occurrence or offense.
G Failure of an agent or ('mplnyee ofll1c insur(>(l otheT than an offi('cr (whetherOT not an
employee) orany iosund or an officer'sdesignee. 10 nOlify us of an occurrence or offense
thaI ~w:h perS-OIl knO\Vg aboul will not aftL'Ct the insurance afforded to you.
II. If a claim or loss does not reasonably appear to involve this insurancc, but it later develops
into a claim or loss to which this insurance applies, the failure to report it to us will not
violate this condition, provided the insured gives us immediate nOlicc as soon as the insured
is aware that this insurance may apply to such claim or loss.
No person or organization has a right under this insurance to:
join us as a party or otherwise bring us inu) a suit seeking damages from an insured; or
sue us on this insurance unless all of the terms and conditions of this insurance have lx:en
tully complied with.
A pcr~on OT organization may sue us to recover on an agreed settlement or on a final judgment
against an insured obtained after an actual:
trial in a civil procc-eding; or
arbitration or otht.'T alternative dispute resolution proceeding;
but we will not be liable fnr damages that are not payable under the terms and conditions of this
insurance or that arc in excess of the applicable Limits Of Insurance.
If other valid and collectible insurance is available to the insured for loss we would otherwise
cover under this insurance, our obligations are limited as follows.
Primary Insurance
lhis insurance is primary except when the Excess Insurance provision described below applies.
If this insurance is primary, our obligations arc not affected unless an)' of the other insurance is also
primary. Thell, we will share with all that olher insurance by the method described in the Method of
Sharing provision described below.
Excess Insurance
This insurance is excess over any other insurance, whether primary, excess, contingent or on any
other basis:
A. that is Fire. Extended Coverage, Builder'sRisk, Installation Risk or similar insurance for
your work;.
fl. that is insnranee that applies to property damage to premises rented to you or temporarily
occupied by you with pennissiollofthe owner;
C. if the loss ari~s out of aircraft, autos or watercraft (to the extent not subject to the Aircmft.
Auto:; Or Watercraltcxclusion);
Contract
Page 22 of 32
Conditions
Other Insurance
(continued)
Premium Audit
Separation Of Insureds
Liability Insurance
Form 80-02-20()({Rev 4-01)
General Liability
Econolite Control Products, Inc.
Econolite Trafffic Engineering &
Maintenance, Inc.
California Chassis, Inc.
Policy #35818716
04127/06 to 04127/07
D.
thai is illsuram::c:
I. provided 10 you by any person or organization working under contract (lr agreement
for you: or
2. under which you arc included as an insured; or
E. that is insurance under any Property section of this policy.
When this insurance is excess, we will have no duty to defend the insured against any suit if any
otherinsurer has a duty to defend such insured against such suil. If no other insurer defends, we
will undertake to do so, but we will be entilled to the insured'srights against all those other
insurers.
When this insuranec is excess over other insurance. we will pay only our share oflhc amount of
loss., if any, that cx('ccds (h(.' sum of the total:
amount that all other insurance would pay for loss in the absencc onhis insurance; and
of all deductible and self""immredunounts under all other insurance.
We will share the remaining loss, ifany, with any other insurance that is not described in this
Excess Insurance provision and was not negotiated specifically to apply in excess of the LimitsOf
Insurance sho"m in the Declarations of this insurance.
Method of Sharing
lrall of the other insurance pemlitscontribution by equal shares, we will follow this method also.
Unoer this method each insurercontributcsequal anlOunts until it has paid its applicable limits of
insurance or none or the loss remains, whichever comes first.
If any of the other insurance docs nol permit contribution by equal shares, we will contribute by
limit:;, Under this method, ca,,'h insurer~sshare is based on the ratio of its applicable limits of
insurance to the total o.lpplicablc limits of insurance of all insurers.
We will compute all premiums for this insurance in accordance with our rules and rates.
In accordance with Ole Estimated Premiunls section of the Premium Summary, premiums shown
with an asterisk (') are estimated premiums aoo are subj~'Ct to audit.
In addit'ion to or in lieu of sue-h designation in the Premium Summary, premiums may be designated
<l..'io estimated prcmiumsc1scwhcrc in this policy_ In that case, these premiums will (llso be subjr.:,:t to
audit, and the second paragraph of the Estimated Premiums section orlhe Premium Summary will
apply.
E....cept with respect to the LimitsOfInslInlnce. and any rights or duties spL"CificaUy assigned inlhis
insurance 10 the Iirsluarnt;d insured, this insuram:eapplks:
as if each named insured were the only named insured; and
separately to each insured against whom claim is made or suit is brought.
Contract
Page 23 0132
Econolite Control Products, Inc.
Econolite Trafffic Engineering &
Maintenance, Inc.
California Chassis, Inc.
Policy #35818716
Conditions
(continued)
TransferOr Waiver Of
Rights Of Recovery
Against Others
Liability Insurance
Form 80-D2-20<XXRev. 4-01)
We will waive the right of recovery we would otherwise have had against another person or
organization. lilr loss to which this insnrance applies. provided the insured has waived their rights
of recovery against such person or organization in a contract or agreement that is executed hcfore
such loss.
To the extent that the insurcd'srights to recover all or part of any payment made under this
insurance have not been waived. those rights arc transferred 10 us. The insured must do nOlhing
after loss to impair them. At our request, the insured will bring suit or transfer those rights to u:-;
and help us enforce them.
Thiscondiliol1 dot,S nnt apply to medical expensfs
Contract
Page 24 of 32