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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. Page -1 lk/ agr.engineering inspector signal enhancement 2-02.pm 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, Page -2 llc/ agr.engineering inspector signal enhancement 2-02.pm 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. Page - 3 llc/agr.engineering inspector signal enhancement 2-02.pm 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: Page -4 llc/ agr.engineering inspector signal enhancement 2-02.pm 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 Page -5 lk/agnengineering inspector signal enhancement 2-02.pm 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