25A - TRAFFIC SIGNAL AND STREET LIGHTING

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CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 17~' day of August, 2009 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 traffic signal and street light systems. maintenance. 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 contracting 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 perform preventive and extraordinary maintenance on the citywide traffic signal system and street light system, as set forth in City's Request for Proposal dated July, 2009, attached hereto as Exhibit A, and incorporated, in full, by this reference. Said work shall be completed in conformance with Contractor's Proposal, dated July 15, 2009, on file with the Public Works Agency, Traffic Engineering Division. 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. Rate increase for the first additional twelve-month period (September 1, 2010- August 31, 2011) shall be based on the year 2009's consumer price index (CPI) or 5%, whichever is the lowest. Rate increase for the second additional twelve-month period (September 1, 2011- August 31, 2012) shall be based on the year 2010's consumer price index (CPI) or 5%, whichever is the lowest. The total sum to be budgeted under this Agreement shall not exceed $650,000.00, annually, during the term of this Agreement. b. 1. Invoices for Traffic Si ng al S stem Contractor shall prepare separate invoices for routine maintenance and extraordinary maintenance. For extraordinary maintenance billings: i. The Contractor shall prepare a general invoice to include all extraordinary billings that is less than $500 per intersection. ii. The Contractor shall prepare a separate invoice for each location when extraordinary 1 2 5A-4