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HomeMy WebLinkAboutResolution No. 1989-74RESOLUTION NO. 89 -74 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH SIGNAL CONSTRUCTION COMPANY, INC. TO PROVIDE TRAFFIC SIG- NAL MAINTENANCE; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED, by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Mayor and City Clerk are hereby authorized to execute an agreement with Signal Construction Company, Inc., for providing traffic signal maintenance within the corporate City limits of Cape Canaveral, Florida; a copy of said agreement is attached hereto and made a part hereof by reference. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of December , 1989, F � F ft✓ J 6�, .�, Pad � ti���. o;.,� a ► I �; TE'1',i'� e f a P;gprov:e�d��ta u 111 f Qa9l,'7 y At-to •ice "0' J r gForm: OEYES A G R E E M E N T THIS AGREEMENT', entered into this day of , 1989, by and between the CITY .OF ' CAPE' CANAVERAL, hereinafter referred to as "City ", and SIGNAL CONSTRUCTION CO., INC., hereinafter referred to as "Contractor ". `W I T N E S S E T H: THAT IN CONSIDERATION of the' mutual convenants contained herein, it is hereby agreed between the parties as 'follows: 1. Scope of Work.- The Contractor shall be.available on the request of the City to provide emergency repair and maintenance, planned maintenance, and new installation and equipment on traffic lights;,. caution, lights, .school flashers and roadway safety lighting- 2. Term This Agreement shall be for a term of , three (3) one year contracts from February 10,' 1989;. however, the City shall have the right to cancel and terminate this Agreement, in its sole discretion, during the term thereof, upon giving written notice to the Contractor pursuant to the provisions of paragraph 15 below. -In the event of termination, the. Contractor shall be entitled to receive payment for services and work performed and material and /or equipment furnished under the terms of this Agreement as directed . by the City up to the date of termination; provided;. however,'it'.is 'acknowledged that the Contractor shall not be entitled to any' damages liquidated or�.otherwise caused as a result .of such termination. At , least 'thirty." (30) :.days: prior. to,- each anniversary`­date of this Agreement', ether"party'.may request an-'adjustment to the rates provided 'fo'r- ;herein._to apply in the forthcoming year. Failure of the parties to agree on a new rate shall constitute notice of .termination by the City. 3... Representations of Contractor - The Contractor must present to the City sufficient evidence that. it is a Florida Department of Transportation pre - qualified contractor in the field of .Traffic Signal and Highway Lighting with the current capacity of $15.0,000.00.. The,Contractor.�must have an established business in the State' of,. Florida and: have, `- at:- 'least "three, (3) consecutive`'years.:experie.nce in:the installation and maintenance of at. least'; seventy -five (75) traffic signals in the State of. Florida, within the., past .24 months. 4. 'Prosecution of Work - Contractor shall prosecute the work under this Agreement'in the following manner: a.' Contractor shall provide emergency repair and maintenance; and new installations and equipment on traffic lights, caution lights, school flashers and roadway safety' lighting as requested and directed by the City.'s Public Works 2 OF 8 -Director and/or the - authorized_ representative hereinafter. referred to as "Representative". b. Contractor shall provide a qualified employee who is a certified IMSA Technician and. who is -a resident of Brevard` County who'shail be available at all times, day and night, for on site consultation with.-the Representative about traffic problems. C. Contractor shall have- at least one (1) vehicle capable of performing traffic signal maintenance for aerial work Above 25 feet with radio communication systems capable - of contacting the Representative, from any point in Brevard County .during normal, working hours. A two -way radio shall be utilized, at the Contractors expense, -with the transmitting frequency of 810.2375 and receive on 855.2375; a pager with the capacity of contacting the Contractor 24 hours,a day will be required. d. Contractor shall be responsible for notifying the City by radio or telephone. immediately upon receiving a call, then notifying the City. by radio when they. arrive on the scene and then when the work is.complete.- This is. extremely important for adequate payment and logging, e. Contractor shall-provide a. maintenance shop and maintain an inventory of not less than $l, 000.00 -worth. of spare parts' for the duration of the .Agreement,' `and als6 . have a. test facility capable. of adequately'te'sting signal'. 'Controllers' of all types f. Contractor, in performing, any work under this Agreement, shall.utilize protective signing., flashers, cones, and fla g p ersons in compliance with the, "Manual on Traffic Controls and. Safety Practices for Street and Highway Construction, Maintenance and Utility, Operation ",, Sections..1-. through 15, published by the Florida Department o.f.Transportation.: g. Contractor shall be responsible' for making all Arrangements with the .public or-' .private utility companies to ensure underground and .overhead - clearances and construction Liaison when needed. h.' Contractor shall. promptly notify the= Representative of the disablement of any.-piece of- equipment of any system due to an accident or other cause,-such as damaged cable, broken parts, or other difficulties, =when such piece of equipment cannot be readily repaired, making it'necessary to discontinue operation of all or part of the installation. i. Contractor shall promptly report to. the Representative any unauthorized construction or repair work by .others on City equipment being maintained under this Agreement. Contractor shall, also report any-,.construction or repair-,work-in progress that may endanger or :damage - the equipment, of the City 3 OF 8 System. j. Contractor shall act in the best interest of the City in selection of material and equipment which has been authorized for the purchase by the Representative. Also, the Contractor shall advise and assist the Representative regarding the settlement of claims on defective materials and equipment used in traffic signals, school flashers, and highway safety equipment when purchased by the Contractor. 5. Job Numbers a. Contractor, prior to commencement of any routine maintenance, shall receive a PO Number from the City Upon completion of the work, Contractor shall notify the City no later than noon, each Monday, of the scope, nature, and cost of such work performed and obtain a written Purchase Order confirming PO Number given earlier. b. Contractor, at the end of each month, shall submit to the City for approval for payment, a copy of all invoices. A separate invoice shall be used to identify each job and shall cite. PO Number pursuant to paragraph 11 of this Agreement. Failure by the Contractor to obtain PO Numbers and /or submit separate invoices per job shall be cause for non - payment. C. Contractor shall be issued a separate and formal special PO Number prior to the commencement of any work to be performed for non - routine maintenance, construction, major repairs and capital purchases. These special PO Numbers shall be obtained only from the City. If the Representative orally directs that a repair be made during non - working hours, a formal special PO Number shall be issued to the Contractor no later than noon the next normal day of operation to cover such work as was duly authorized. 6. Compensation - The City shall pay the Contractor for work the Contractor performed pursuant to City requests as follows: a. The City shall pay the Contractor 18.00 for each half hour and 36.00 for each hour payable to the nearest one -half hour, for regular time emergency, maintenance which includes the Contractor providing a bucket truck. Regular time emergency maintenance shall be for all maintenance and construction on which the Contractor is provided less than (5) working days notice. b. The City shall pay the Contractor 46.00 per hour for overtime emergency maintenance which includes the Contractor providing a bucket truck. Overtime emergency maintenance shall be maintenance and construction for which the Contractor has been given less than five (5) working days notice and the work 4 OF 8 performed after fibe o'clock p.m. (5:00 p.m.) and .before seven thirty..o'clock a. m.. (7 :30 a.m.).and on -all- weekends and legal holidays. For a day to be - considered .a holiday •under. this .- provision, the City must declare the day a holiday for all City personnel. C. The City shall pay.the Contractor 36.0 -0 per .hour, for planned ma-intenance which includes the Contractor providing a buc -ket truck. Planned maintenance shall be all preventative maintenance and other maintenance and construction activities where the City has given the Contractor five (5) or. more working..days .notice. d. For the Contractor to be compensated at the rates described in.pa,ragraph a_, b, or. c above, the.Contractor - shall provide at least one (1) qualified employee who shall perform the work, together with tools and equipment and one (l)- service vehicle. Contractor shall not charge the City for travel time to or from the work site. .e In the case of the installation of new equipment, the Contractor,, upon .t,he request of the Represen a ive, shall make an inspection of the new equipment at the time'of.activation to assure the City that the new equipment is in proper working order This service 'shall be compensated at a rate of 46..00 per hour.. ., f .;• The notice required . u,n,der this _;.Agreeme.nt for emergency mai_ntenance.or planned maintenance may be furnished by the' Representative by telephoning the Contractor at (407) 63:6,-9138: Contractor shall have a person or device :ava"ilable at •th:s, number twenty -four (24) hours a day _to receive•' te-le.phone messages from the City. The City may also give notice to the Contractor by sending a letter by mail to the Contractor at 33 Commerce Way,' Jupiter, FL 33458 or 4509 Pine Cone Place, Cocoa, FL 32926. The'.time period for notice shall begin to run when the Representative places the call or sends the letter by mail. 7. Materials and Equipment a The City shall 'pay to the Contractor the actual cost of all 'materials furnished by the Cont'racto'r which are an integral part of rthe finished work, plus shipping to which 25$. shall be added for amounts up to $100.00,.20$ for amounts between $100.00 and''.$1,000.00, and 12% for all amounts equal to or in excess of $1,000.00 said amounts to consist of the cost per item or: unit which is normally sold or furnished as 'an integral unit.: The City, however, reserves the right to purchase` material to be held as inventory by the Contractor and, installed..in City equipment or in City traffic lights as the City may - direct... b.- The Representative may inspect the-Contractor's 5 OF 8 maintenance shop and storage area, on a.daily.basis to ensure that the Contractor has adequate' inventory or parts and equipment of its own to furnish-service under this Agreement. c.• Contractor shall be financially responsible for any damage to City materials or equipment arising out of or due to negligence of the Contractor,or his agents and employees. d. Any and all parts replaced by the Contractor shall be-maintained and made available for City inspection," -for a period of at least ninety (90) days. e. Contractor shall extend to the City the same warranty on all. materials and equipment furnished under' this Agreement which the manufacturer extends to the.." Contractor., or purchasers, whichever is greater .• "Contractor..shall:.guarantee its workmanship under this Agreement for a period "of one;(1) year. 8.., Extra Work - It. is understood:. and agreed under this Agreement that the Contractor shall_- hold- itself ' - ready" at all times. to. perform emergency planned,maintenance for the City on traffic- .lights; caution lights; school` - lasher.s, .and roadway safety lighting.- In addition, the City.may "elect to have the Contractor perform. the installation and construction of new .equipment for the City under this Agreement. :This includes major repairs or. major changes in. any system:..' New_- construction or major planned repairs shall be performed only after receiving written notice from the, City in accordance to the 1988 -89 Bid Item List. As to work involvingnew installations."or major.•repairs,'the parties hereto specifically agree that .this is an exclusive Agreement ' and -that the -City may not. select. other contractors to perform new construction..or major repairs during the term of.this' Agreement. 9.' Time and Charges - If it becomes necessary to install.a, temporary controller due to damage to a traffic signal. which changes the timing or sequence, -or - any other-.special features of a traffic signal, the Representative shall•be notified,in writing giving the reason for the. change, the nature of_ the change, and .the approximate date the traffic signal shall be returned .to normal service. The Representative shall also be..notified - in writing within a reasonable time when'the original.-equipment has been repaired and replaced. The Representative must authorize any and all timing changes on City traffic signals. Whenever the ;_;Representative -determines a condition' � that ."warrants ' the modifications of timing.. or, dial settings, on traffic control systems:_ or on .a 'meter rate, the Representative shall advise the Contractor of such changes and the Contractor 'shall keep timing and;,.dial settings in accordance with the Representatives instructions at all.times. In the .event of an emergency,, if the Representative is unavailable, the Contractor "shall - contact his 6 OF 8 Representative for the necessary timing.changes. 10. °Contractor's Records - The Contractor shall "maintain records in accordance with generally accepted accounting practices, to document its costs and expenditures under this Agreement. The Contractor hereby .grants the City and its duly authorized Representative permission to audit and.rev,iew any and all of the Contractors records pertaining' to this Agreement. The Contractor shall furnish the City all invoices and'statem_ents for which it requests reimbursement. 11. Method of Payment - At the completion of all work under a PO Number, the Contractor shall submit an invoice to. - the Representative for approval. The invoice shall cite the.. PO Number, the date, .time, 'location, reporting agencies;,,, repairs made, and the itemized costs. During the warranty period of any traffic signal or system, all calls which relate to the installation of such signal or system shall not be charged to the City., 12. Insurance Contractor shall provide and' maintain at all times during the term of this Agreement, without cost or expense to the City, policies of insurance generally known as public liability policies, providing insurance against any and all claims, demands, expenses including defense and causes of action whatsoever for bodily injury and property. damage arising from and in connection with this Agreement. Said policies provide limits in the amount not less than $300;0.00.00 per person and in the amount not less-than $500,000.00, per occurrence, to cover any 'and all claims arising in connection with any particular accident or occurrence. The City shall be held harmless for any and all. claims, demands, expenses including defense and causes of action whatsoever for .bodily injury and: property damage arising from' and in 'connection with this Agreement. The Contractor shall provide and maintain. Workers' Compensation .insurance (for statutory limits) ,as.required by, Florida Statutes, Chapter. 440. The City shall'. be entitled to thirty .(30) days notice of any changes or cancellation of said policies. 13. Final Payment - The final payment due the Contractor, shall be held by the.City until all equipment has been inspected. and inventoried. which the City furnished under this. Agreement. The costs of any equipment unaccounted for, or deficiencies in workmanship during the year, shall be subtracted from: the, final Agreement payment. A. complete inventory, nclud'ing.a, list of all. field and traffic equipment supplied by the City, shall be made at the beginning and termination of this Agreement. 14. Independent Contractor. Contractor shall perform the conditions of this Agreement as an independent contractor and nothing contained herein, shall be construed to be inconsistent with this relationship or status`. Nothing, 'in. this Agreement .7 OF 8 shall be in any way construed to constitute the Contractor, or any of its agents or employees as the agent, employee, or representative of the City. Contractor agrees that it shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall be responsible for the agreements it shall make with third parties or for those obligations incurred by the contractor to such third parties in carrying out the terms of this Agreement. 15. Termination - The City, at its sole discretion, may terminate this agreement, for any reason, by giving ten (10) days written notice to the Contractor. 16. Personal Service Contract - This Agreement is not assignable by the Contractor without the expressed prior written consent of the City. 17. Entire Agreement - It is agreed that neither party has made any statement, promise or agreement, or taken upon itself any engagement whatsoever, verbally or in writing, in conflict with the terms of this Agreement, or that in any way modifies, varies, alters, enlarges or invalidates any provisions hereof. 18. Severability - In the event a Court of competent jurisdiction finds any sentence, provision, paragraph, or section of this Agreement null and void, the remaining parts of this Agreement shall continue in full force and effect as though such sentence, provision, paragraph, or section has been omitted from this Agreement. 19. Waiver - In the event the City waives any of the Contractor's obligations or duties in this Agreement, it shall not constitute a waiver of any of the other obligations and duties of the Contractor of this Agreement, nor shall waiver of any such obligation or duty constitute a continuing waiver of that obligation or duty. 20. Indemnity - The Contractor agrees that it will indemnify and save harmless the City from any and all liability, claims, damages, expenses, proceedings and causes of action of every kind and nature arising out of or connected with the work to be performed by the Contractor pursuant to this Agreement. The Contractor agrees that it will, at its own expense, defend any and all claims, suits, or proceedings which may be brought against the City in connection with such work and that it will satisfy, pay, and discharge any and all judgements that may be entered against the City in any such action or proceedings. 8 OF 8 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF' CAPE CANAU'ERAL ATTEST: Byi "' 'rte '� V. 9 ma, A% y Clerk cot e SIGNAL,,CO,NSTRUCTION CO., INC. a r Byr :ca lo,