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HomeMy WebLinkAbout09/21/2010 07 Electrical Fixtures Assessment Contract with Conley Engineering, Inc. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No `7 For Meeting of September 21, 2010 ITEM TITLE A Resolution authorizing the City Manager to execute a Professional Services Agreement with Conley Engineering, Inc , a Washington Corporation in an amount not to exceed $9,900 00 to assess existing electrical fixtures, determine if existing fixtures will allow for recommended energy efficient upgrades, and produce a fixture schedule and specifications to use in preparing a bid package for said fixture upgrades per the Energy Efficiency and Conservation Block Grant EECBG) and the American Recovery and Reinvestment Act (ARRA) SUBMITTED BY Michael Morales, Director of Community & Economic Development CONTACT PERSON /TELEPHONE Doug Mayo, P E , City Engineer 576 -6678 SUMMARY EXPLANATION This project consists of upgrading and retrofitting the lighting fixtures at various buildings owned by the City of Yakima Work shall be done at the locations listed below City Hall 129 North Second Street Schedule A Y- PAC /YCTV 124 S 2nd Street Schedule B Fire Station 94 2404 West Washington Avenue Schedule C Fire Station 95 807 East Nob Hill Boulevard Schedule D Public Works Complex 2301 Fruitvale Boulevard Schedule E SE Community Center 1211 South 7th Street Schedule F This contract proposal is to bring Conley Engineering's expertise of electrical assessment and project design needs The attached resolution authorizes the City Manager to execute the attached Professional Services Agreement with Conley Engineering, Inc to perform assessment of current electrical fixture upgradability and assist city staff to prepare a bid package to complete the project. The attached draft agreement identifies the tasks and estimated costs for performing the prescribed duties and related services, not to exceed $9,900 00 Resolution XX Ordinance Contract XX Other (Specify) Funding Source Energy Efficiency and Conservation Block Grant (EECBG) APPROVED FOR SUBMITTAL Manager STAFF RECOMMENDATION Adopt the resolution BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION 1111 RESOLUTION NO 2010 - A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Conley Engineering, Inc , a Washington Corporation in an amount not to exceed $9,900 00 to assess existing electrical fixtures, determine if existing fixtures will allow for recommended energy efficient upgrades, and produce a fixture schedule and specifications to use in preparing a bid package for said fixture upgrades per the Energy Efficiency and Conservation Block Grant EECBG) and the American Recovery and Reinvestment Act (ARRA) WHEREAS, the City of Yakima has received moneys from the Energy Efficiency block Grant (EECBG) which is intended to provide Energy Efficient upgrades and improvements to existing city owned buildings, and WHEREAS, the design and construction of the public improvements requires electrical engineering design services, and WHEREAS, the city utilizes the Municipal Research and Services Center of Washington (MRSC) roster of consultants whose statements of qualifications represent that they have the expertise necessary to perform the services required by the City; and,. WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a professional services agreement with a consultant selected from the roster for such expertise, and • WHEREAS, Conley Engineering, Inc has provided such professional electrical engineering services for the City for numerous past projects, and WHEREAS, the City Council has determined that it is in the best interests of the City to contract with Conley Engineering, Inc to provide the professional engineering services necessary to complete the requirements for the retrofit of the lighting fixtures at various buildings owned by the City of; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager is hereby authorized and directed to execute a Professional Services Agreement with Conley Engineering, Inc , for professional services required for the design of City Facilities Lighting Upgrade Project, said professional services agreement to be provided upon completion of "Exhibit -D ", but expected to be similar with the attached agreement in a total contract amount not to exceed Nine Thousand Nine Hundred Dollars ($9,900) The City Manager is further authorized to execute any additional contracts or agreements that may become necessary and prudent for the completion of said project. ADOPTED BY THE CITY COUNCIL this 21st day of September, 2010 Micah D Cawley, Mayor • ATTEST City Clerk 0 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement ") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City "), and Conley Engineering, Inc. a Washington Corporation licensed to do business in Washington (hereinafter the "Engineer ") WHEREAS, the City of Yakima desires to engage the Engineer to perform professional engineering services for the review and preparation of specifications associated with the Energy Efficiency block Grant (EECBG), City Facilities Lighting Upgrade Project (hereinafter the "Project ") WHEREAS, the Engineer has the experience and expertise necessary to provide said independent engineering services and is willing to provide such services 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 the Engineer as follows 1 Scope of Services The Engineer shall assess existing electrical uses, determine new electrical needs to determine if existing fixtures will allow for recommended energy efficient upgrades, and produce a fixture schedule and specifications to use in preparing a bid package for said fixture upgrades per the Energy Efficiency and Conservation Block Grant. The scope 0 of services is more specifically described in Exhibit "A ", attached and incorporated herein by this reference 2 Term The term of this Agreement shall commence on September 21st, 2010 and shall terminate at midnight of August 31, 2011, unless terminated sooner by either party in accordance with Section 18 of this Agreement. The Engineer shall proceed in a timely and diligent manner to provide all services required hereunder 3 Consideration The City shall pay the Engineer for services rendered hereunder in accordance with the payment schedule set forth in attached and incorporated Exhibit "A." Unless this Agreement is otherwise modified by the parties, the total compensation paid to the Engineer for all services provided under this Agreement shall not exceed Nine Thousand nine hundred Dollars ($9,900) The Engineer shall submit to the City monthly invoices itemizing tasks accomplished and the percent of the Project completed to date Upon receipt of said monthly invoice, the City shall make payment to the Engineer within thirty (30) calendar days, provided, however, that all payments are expressly conditioned upon the Engineer's providing services that are satisfactory to the City The Engineer shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices In the event that either party exercises its right to terminate this Agreement in accordance with Section 18, the Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement termination date 4 Information Provided by the City The Engineer shall provide guidance to the City in determining the data required for purposes of the contemplated services The City agrees to use reasonable efforts to provide data and information specifically requested by the Engineer 5 Status of Engineer The Engineer and the City understand and expressly agree that the Engineer is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and /or agent of Engineer shall act on behalf of or represent him or herself as an agent or representative of the City The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Engineer expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51 08 195 The Engineer and its officers, employees, volunteers, agents and /or subcontractors 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 the Engineer and the City 6 Inspection and Audit. The Engineer shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in 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 the Washington State Auditor at all reasonable times, and the Engineer 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 the Washington State Auditor where necessary to conduct or document an audit. The Engineer 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. 7 Taxes and Assessments The Engineer shall be solely responsible for compensating its employees, agents, and /or subcontractors and 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, the Engineer shall pay the same before it becomes due 8 Nondiscrimination Provision During the performance of this Agreement, the Engineer 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, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 9 The Americans with Disabilities Act. The Engineer 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 The Engineer agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and 0 regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise • 11 No Conflict of Interest. Engineer covenants that neither it nor its employees 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. The Engineer further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 12 No Insurance It is understood the City does not maintain liability insurance for the Engineer and its officers, directors, employees and agents 13 Indemnification a The Engineer agrees to hold harmless and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Engineer, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non - performance of this Agreement. b The City agrees to hold harmless and indemnify the Engineer, its officers, employees,. and agents, from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the City, its officers, agents, employees or subcontractors, in connection with or incidental to the performance or non- performance of this Agreement. 0 c In the event that both the Engineer and the City are negligent, each party shall be l iable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) d The foregoing indemnity is specifically and expressly intended to constitute a waiver of the Engineer's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the Engineer's employees The parties acknowledge that these provisions were specifically negotiated and agreed upon by them e Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party f This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 14 Insurance Provided by Engineer a Professional Liability Insurance On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of at least One Million Dollars ($1,000,000 00) for each wrongful act and an annual aggregate limit of at least One Million Dollars ($1,000,000 00) The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the date this contract is executed by both parties hereto, or shall provide full prior acts ® coverage The insurance coverage or substantially identical coverage sufficient to fully satisfy these requirements shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. b Commercial Liability Insurance On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000 00) per occurrence /aggregate limit bodily injury and property damage The certificate 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 policy shall name the City, its elected officials, officers, agents, and employees as additional insureds as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice 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 c Commercial Automobile Liability Insurance On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000 00) per occurrence /aggregate limit bodily injury and property damage The certificate 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 policy shall name the City, its elected officials, officers, agents, and employees as additional insureds as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice 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 d Insurance Provided by Subcontractors The Engineer shall ensure that all subcontractors it utilizes for work /services required under this Agreement shall comply with all of the above insurance requirements 15 Delegation of Professional Services The services provided for herein shall be performed by the Engineer, and no person other than regular associates or employees of the Engineer shall be engaged upon such work or services except upon written approval of the City 16 Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Engineer 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 the Engineer stated herein 17 Waiver of Breach A waiver by either party hereto of a breach by 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. 18 Termination Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) calendar days prior to the termination date 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. 0 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 Daniel S Ford Project Engineer City Hall 129 North Second Street Yakima, WA 98901 TO ENGINEER. Patrick L. Conley, P E Conley Engineering, Inc PO Box 8326 Yakima, WA 98908 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 Third Parties The City and the Engineer are the only parties to this Agreement and are the only parties entitled to enforce its terms Nothing in this Agreement gives, is intended to 0 give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons 22 Drafting of Agreement. Both the City and the Engineer have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and /or action in which this Agreement and its terms and conditions are being interpreted and /or enforced 23 Integration This written document constitutes the entire Agreement between the City and the Engineer 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 24 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington 25 Venue The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington III 26 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA CONLEY ENGINEERING, INC , a Washington Corporation By By R A. Zais, Jr , City Manager Patrick L Conley, PE, President Date Date ATTEST City Clerk City Contract No City Resolution No 411 Conley Engineering, Inc. Consulting Electrical Engineers EXHIBIT "A" MEMORANDUM September 1, 2010 To Dan Ford E.I.T City of Yakima From. Bob Blehart Re Design Services Proposal City of Yakima — City Facilities Lighting Upgrade Project CY -199 Thank you for the opportunity to propose our electrical engineering services for the City Facilities Lighting Upgrade Project located in Yakima, Washington. It is our understanding that this project consists of lighting upgrades to the following areas • City Hall, 129 N 2 St. • Y- PAC /YCTV, 124 S 2 St. • Fire Station 94, 2404 W Washington Ave • • Fire Station 95, 807 E Nob Hill Blvd. • Publix Works Complex, 2301 Fruitvale Blvd. • SE Community Center, 1211 S 7 St. We have based our proposal on the following scope of services Scope of Services The following tasks are to be performed at each of the five locations as described above Task 1 Field verify the existing lighting types, and switching schemes. This information will be used to prepare a lighting fixture schedule with each type, and type of lamp and ballast combinations. Task 2 Preparation of the Lighting fixture schedule to supplement the current Invitation to Bid. This will also include preparation of electrical specifications formatted to match City of Yakima Specifications that would include lamp and ballasts types, and a Basic Material and Methods section. Task 3 Answering Contractor questions pertaining to the lighting fixture types and making corrections to the lighting fixture schedule during the bidding process if necessary • IlApollolUsersltregimbalCouncil InfolCouncil items 092110IExhibit A Conley.doc P 0 Box 8326, Yakima, WA 98908 205 North 40th Avenue, Suite 201 Yakima, WA 98908 Voice. 509- 965 -9872 • Fax: 509- 965 -9873 CY -199 - DESIGN SERVICES PROPOSAL 0 Each task will be completed by the Engineer in the timeframe agreed to by the City and Conley Engineering and shall begin on the date agreed to by the City and Conley Engineering following written authorization to proceed. A summary of the proposed fees for the work as discussed above are as follows Fee Summary *, ** Services through Bidding - Fixed Fee City of Yakima Field visits, specifications and lighting fixture schedule additions to $9,900 00 current specification. *Construction services are not included in the above fee summary These may be provided on an as needed basis at a time and expense rate * *During our field verification of existing fixtures and switching schemes, we may discover electrical Code or other safety deficiencies, and we will bring them to your attention. This proposal does not include time and expense for discovering or designing solutions for correcting any possible deficiency that is discovered. We would be pleased to do the work as an addition to scope on an as- requested basis. Please call if you have any questions or comments cc Job File / Chron File • Conley Engineering, Inc. Page 2