HomeMy WebLinkAboutR-2002-018 Signal Control Limited - Construction Inspection Services AgreementRESOLUTION NO. R 2002 -38
A RESOLUTION authorizing and directing the City Manager to execute a construction
inspection services agreement between the City of Yakima and Signal
Control Limited for Phase 2 of the City of Yakima CBD Signal
Enhancement Project.
WHEREAS, the City of Yakima desires to engage Signal Control Limited to perform
construction inspection services on an independent contractor basis as Project Inspector for
Phase 2 of the City of Yakima CBD Signal Enhancement Project; and
WHEREAS, Signal Control Limited has the experience and expertise necessary to
provide said services and is willing to do so in accordance with the terms and conditions of
the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to enter into the attached agreement with Signal Control Limited for construction
inspection services related to Phase 2 of the City of Yakima CBD Signal Enhancement
Project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated construction inspection services agreement with Signal Control Limited for
Phase 2 of the City of Yakima CBD Signal Enhancement Project.
ADOPTED BY THE CITY COUNCIL this 5th day of March, 2002.
ATTEST:
•
City Clerk
(lk)res/engineering signal enhance christoperson mar 02.pm
Place, Mayor
CONSTRUCTION INSPECTION
SERVICES AGREEMENT
THIS CONSTRUCTION INSPECTION SERVICES AGREEMENT (hereafter
"Agreement") is made and entered into by and between the City of Yakima, a Washington
municipal corporation (hereafter the "City"), and Signal Control Limited, a Washington
Corporation (hereafter "Inspector").
WHEREAS, the City of Yakima desires to engage Signal Control Limited to perform
construction inspection services on an independent contractor basis as Project Inspector for
Phase 2 of the City of Yakima CBD Signal Enhancement Project (hereinafter the "Project").
WHEREAS, Signal Control Limited has the experience and expertise necessary to
provide said services and is willing to do so in accordance with the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Inspector as follows:
1. Scope of Services.
a. The Inspector shall perform, to the best of his ability, services for the City
relating to the customary duties for the position of Project Inspector for the Project. The
Inspector understands that such duties are diverse and are not fully set forth in this
Agreement, but include such work as:
i. Monitor the progress and construction schedule for the Project in order
to avoid unnecessary delays in and satisfactory completion of the Project.
ii. Coordinate construction activities for the Project between the City and
Project contractor.
Prepare Project progress reports to the City Manager and City Engineer
as required or requested by, the City Manager or City Engineer.
iv. Review for approval, all construction material submittals.
b. The City shall:
i. Provide the Inspector with all requested information necessary for the
Project Inspector to carry out his services under this Agreement.
2. Term. The term of this Agreement shall commence upon the execution hereof and shall
terminate upon completion of the Project, unless terminated sooner by either party in
accordance with Section 17.
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3. Consideration. The City shall pay the Inspector for services rendered hereunder at the
rate of Forty Two Dollars ($42.00) per hour. Said hourly rate shall include all expenses and
costs incurred by the Inspector in performing services under this Agreement. The Inspector
shall submit to the City monthly invoices itemizing hours worked by date. The City shall
make payment to the Inspector within thirty (30) calendar days of receipt of said monthly
invoice. The Inspector shall maintain adequate time records/logs to substantiate all amounts
itemized on the monthly invoices. The total amount of compensation paid to the Inspector by
the City for services rendered under this Agreement shall not exceed Forty Thousand Dollars
($40,000.00).
4. Inspection and Audit. Inspector shall maintain books, accounts, records, documents
and other evidence pertaining to the costs and expenses allowable and consideration paid
under this Agreement m accordance with generally accepted accounting practices. All such
books of account and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and/or of the Washington State Auditor at
all reasonable times, and Inspector shall afford the proper facilities for such inspection and
audit. Such books of account and records may be copied by representatives of the City and/or
of the Washington State Auditor where necessary to conduct or document an audit. Provider
shall preserve and make available all such books of account and records for a period of three
(3) years after final payment under this Agreement.
5. Status of Inspector. Inspector and the City understand and expressly agree that
Inspector is an independent contractor in the performance of each and every part of this
Agreement. Inspector, as an independent contractor, assumes the entire responsibility for
carrying out and accomplishing the services required under this Agreement. Inspector shall
make no claim of City employment nor shall claim against the City any related employment
benefits, social security, and/or retirement benefits. Nothing contained herein shall be
interpreted as creating a relationship of servant, employee, partnership or agency between
Inspector and the City.
6. Taxes and Assessments. Inspector shall be solely responsible for paying all related
taxes, deductions, and assessments, including but not limited to, federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury, and other deductions
from income which may be required by law or assessed against either party as a result of this
Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement,
Inspector shall pay the same before it becomes due.
7. No Conflict of Interest. Inspector represents that it does not have any interest and
shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this Agreement. Inspector further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
8. Nondiscrimination Provision. During the performance of this Agreement, Inspector
shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed,
marital status, political affiliation, or the presence of any sensory, mental or physical handicap.
This provision shall include but not be limited to the following: employment, upgrading,
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demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms
of compensation, selection for training, and the provisions of services under this Agreement.
9. The Americans with Disabilities Act. The Inspector shall comply with the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations,
and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in
the area of employment, public accommodations, public transportation, state and local
government services, and telecommunications.
10. Compliance With Law. Inspector agrees to perform those services under and pursuant
to this Agreement in full compliance with any and all applicable laws, rules, and regulations
adopted or promulgated by any governmental agency or regulatory body, whether federal,
state, local, or otherwise.
11. No Insurance. It is understood the City does not maintain liability insurance for
Inspector.
12. Indemnification.
a. Inspector agrees to protect, defend, indemnify, and hold harmless the City, its
officers, elected officials, employees and agents from any and all claims, demands, losses, liens,
liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs
and expenses (including reasonable attorneys' fees and disbursements) caused by or occurring
by reason of any negligent act, error and/or omission of the Inspector arising out of or in
connection with the performance or non-performance of the services, duties, and obligations
required of the Inspector under this Agreement.
b. In the event that both Inspector and the City are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees).
c. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
d. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
13. Automobile Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Inspector shall provide the City with a declaration of insurance as
proof of commercial automobile liability insurance with a minimum liability limit of One
Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The
declaration shall clearly state who the provider is, the amount of coverage, the policy number,
and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
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14. Delegation of Professional Services. The services provided for herein shall be
performed by Inspector, and no person other than regular associates or employees of Inspector
shall be engaged upon such work or services except upon written approval of the City.
15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Inspector to any other person or entity without
the prior written consent of the City. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of
Inspector stated herein.
16. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
17. Termination. This Agreement may be terminated by either party at any time after first
having given ten (10) calendar days written notice to the other party in the event of the other
party's substantial failure to perform in accordance with the terms and conditions of this
Agreement. Additionally, either party may terminate this Agreement without cause by
providing the other party with written notice of termination thirty (30) calendar days in
advance of the effective termination date.
18. Confidentiality. The Inspector agrees to maintain total confidentiality in regards to
information discerned from access to City records. Such information shall be held in strict
confidence in accordance with the standards of Conduct of the Engineering Profession.
19. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
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City Engineer
City Hall
129 North 2nd Street
Yakima, WA 98901
TO INSPECTOR:
Gary Christopherson, President
Signal Control Limited
9463 Mieras Road
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices and/ or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
21. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
22. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
24. Integration. This written document constitutes the entire agreement between the City
and Inspector. There are no other oral or written Agreements between the parties as to the
subjects covered herein. No changes or additions to this Agreement shall be valid or binding
upon either party unless such change or addition be in writing and executed by both parties.
CITY OF YAKIMA SIGNAL CONTROL LIMITED
By:
By:/%t
R. A. Zais, Jr., City Manager Gary Christopherson, President
DATE: Y7L4 DATE: - (. ;
ATTEST:
City Clerk
City Contract No. 6 ZD pot - / 3
City Resolution No. -/t
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BUSINESS OF THE CITY COUNCIL
YA IMMA, WASHINGTON
AGENDA STATEMENT
Item No. ' l
For Meeting Of March 5, 2002
ITEM II TLE: Consideration of Resolution authorizing and directing the Cite Manager
and the City Clerk of the City of Yakima to execute a Professional Services Contract with Signal
Control Limited for the purpose of traffic signal inspection services related to the City of Yakima
CBD Signal Enhancement Project, Phase 2;
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Shelley Willson, Streets and Traffic Manager
K. Wenda l Adams, City Engineer
SUMMARY EXPLANATION:
The City of Yakima intends to commence Phase 2 of the CBD Signal Enhancement Project in late
March.. 2002 Knobel Construction was awarded the construction bid to install the upgraded
hardware fixtures. The City of Yakima will contract the inspection services for the new signal
fixtures with Signal Control Limited, for a maximum contract amount of $40.000.
Inspection services for Phase 1 of the City of Yakima CBD Signal Enhancement Project were
contracted with Northwest Signal Traffic Engineering.
Resolution X Ordinance _Contract X Other (Specify)
Funding Source: Arterial Street Fund-- WSDOT grant funds and federal CMAC, funds
APPROVAL FOR SUBMITTAL- \� t
City Manager
STAFF RECONLMENDATION. Adopt the Resolution that authorizes execution of the contract.
BOARD RECOMMENDATION.
COUNCIL ACTION- Resolution adopted. RESOLUTION NO. R-2002-18