Loading...
HomeMy WebLinkAboutR-1999-057 ENGINEERING SERVICES AGREEMENT.RESOLUTION NO. R-99- 57 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an engineering services agreement with Conley Engineering, Inc., regarding electrical power requirements and the level of standby power generation necessary to meet electrical needs of certain critical systems located at the City of Yakima Public Works Complex, 2301 Fruitvale Boulevard, Yakima, Washington. WHEREAS, the City requires engineering services to determine electrical power requirements and the level of standby power generation necessary to meet electrical needs of certain critical systems located at the City of Yakima Public Works Complex, 2301 Fruitvale Boulevard, Yakima, Washington; and WHEREAS, the City has complied with the requirements of RCW Chapter 39.80 regarding procurement of engineering services for determining electrical power requirements and the level of standby power generation necessary to meet electrical needs of certain critical systems; and WHEREAS, Conley Engineering, Inc. represents it has the expertise necessary and is willing to perform the engineering services -required by the City in accordance with the terms and conditions oft the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Conley Engineering, Inc. for said engineering services;. now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to li execute the attached and incorporated "Engineering Services Agreement" with Conley Engineering, Inc., to determine electrical power requirements and the level of standby power generation necessary to meet electrical needs of certain critical systems located at the City of Yakima Public Works Complex, 2301 Fruitvale Boulevard, Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 20th day ofA ril 1999. ATTEST: John Puccinelli, Mayor knc- City Clerk res/Cole, Enguxenng/ph ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND CONLEY ENGINEERING, INC. THIS ENGINEERING - SERVICES AGREEMENT (hereinafter the "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Conley Engineering, Inc, (hereinafter the "Engineer"). WHEREAS, the City requires engineering services to determine the requirements necessary to provide emergency standby electrical power at the Public Works complex located at 2301 Fruitvale Boulevard, Yakima, Washington. WHEREAS, the Engineer has the experience and expertise necessary to perform the professional engineering services now required by the City. 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 provide the City. with professional engineering services in conjunction with and in accordance with the attached and incorporated Exhibit "A." 2. Time Period for Performance of Service. The term of this Agreement shall commence upon the execution hereof and shall terminate at the time of satisfactory completion of all services/tasks outlined in Exhibit "B" • unless the Agreement is earlier terminated by either party in accordance with Section 19 of this Agreement. The Engineer shall proceed in a timely and diligent manner. The Engineer shall not be responsible for any delays that could not have been reasonably foreseen by the parties at the time this Agreement was executed. 3. Compensation. a. .Fee for Services. As consideration for the professional engineering services performed pursuant to this Agreement, the City agrees to compensate the Engineer in accordance with attached and incorporated Exhibit "B." The total fee for all services provided under this Agreement shall not exceed Six Thousand Eight Hundred Dollars ($6,800.00). b. Payment for Compensation. The Engineer shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after services are provided. The City shall make payment to the Engineer within thirty (30) calendar days upon receipt of each invoice/billing. All payments are expressly conditioned upon the Engineer providing professional engineering services hereunder which are satisfactory to the City. c. Payment in the Event of Termination. In the event that either party terminates this Agreement under Section 19, the Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City under this Agreement up to the effective termination date. d. Maintenance of Financial Records/Documents. When requested to do so by City representatives, the Engineer shall make the cost records, accounts and related financial documents pertaining to this Agreement available for inspection by City representatives during the term of this Agreement and for a period of three (3) years following the final payment to the Engineer by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, the Engineer shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 4. Standard of Performance. The Engineer shall perform all work and services required under this Agreement in accordance with generally accepted engineering and consulting standards, and shall be responsible for the technical soundness and accuracy of all work and services furnished pursuant to this Agreement. 5. Ownership of Documents. All reports, designs, drawings and specifications prepared by the Engineer pursuant to this Agreement shall be the property of the City upon payment being made by the City to the Engineer in accordance with the Agreement. The Engineer shall provide the City with originals and/or reproducible copies of such documents as requested by City representatives. 6. Information to be provided by the City. The City shall provide the Engineer with access to all information at its disposal pertinent to the site of project area, including but not limited to previous reports, drawings, plats, surveys, utility records and other similar data. Absent specific written direction to the contrary the Engineer shall be entitled to rely upon the accuracy of such documentation. 7. Status of the Engineer. Engineer and the City understand and expressly agree that Engineer is an independent contractor in the performance of each and every part of this Agreement. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, the Engineer and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. 8. Taxes and Assessments. The Engineer 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 insurance, 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 Professional Service Contract 2 City is assessed a tax or assessment as a result of this Agreement, the Engineer shall pay the same before it before it becomes due. 9. Nondiscrimination Provision. During the performance of this Agreement, the Engineer shall not discriminate in violation of any federal, state, and/or local law and/or regulation 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 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 provisions of services under this Agreement. 10. Compliance with Law. The Engineer agrees to perform all services required 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 shall not maintain liability insurance for the Engineer, its officers, employees or subcontractors. 12. Indemnification and Hold .Harmless. a. The Engineer agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses :(including attorneys' fees and disbursements) caused by . or . occurring by reason of any negligent act and/or omission of the Engineer, its officers, employees, agents, and/or subcontractors, arising out of or in connection with the performance .or nonperformance of the services, duties, and obligations required under this Agreement. b. In the event both the Engineer and City are negligent, the Engineer's Liability forindemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees) that can be apportioned to the Engineer, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this agreement shall be construed to create a liability or aright of indemnification in any third party. 13.. Insurance Provided by Engineer. a. Commercial Liability Insurance. Before 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) combined single limit bodily injury and property damage. The certificate shall clearly state . who the provider is, the Professional Service Contract 3 coverage amount, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). 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, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall' impose no obligation "or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. b. Commercial Automobile Liability Insurance. Before 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 minimum liability limit of One Million Dollars ($1,000,000.00) combined single 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 (any statement in the certificate to the effect of "this certificate is issued as a, matter of information only and confers no right upon the certificate holder" shall be deleted). 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, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon thecompany" shall be crossed out and initialed by the insurance agent). 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. Professional Liability Insurance. Before this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence 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 January 1, 1999, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement 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. Professional Service Contract 4 14. Delegation of Professional Services. The services provided for herein shall be performed by Engineer, and no person other than regular associates or employees of Engineer 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. 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 Engineer stated herein. 16. No Conflict of Interest. Engineer represents that it or its employees do 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. Engineer further covenants that it will not hire anyone or any entity having such a conflict; of interest during the performance of this Agreement. 17. 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. 18. Integration. This written document constitutes the entire agreement between the City and 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. 19. Termination. The City or Engineer may terminate this Agreement, with or without cause, by giving the other party thirty (30) calendar days written notice of termination. 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: To Engineer Chris Waarvick, Public Works Director 2301 Fruitvale Boulevard Yakima, Washington 98902 Patrick Conley Conley Engineering 205 North 40th Avenue, Suite 201 Yakima, Washington 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 Professional Service Contract 5 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. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. ENGINEER • CITY OF YAKIMA By. Conley ngineerin Inc. Date: 5/2 7 994 Professional Service Contract 6 By: Cit ii 'y anager Date: �� 1-1f 91 1 Attest: City Clerk City Contract No. q 518 EXHIBIT A Conley Engineering. Inc. Consulting Electrical Engineers Scope of Engineering Services. The Engineer shall determine and describe the electrical loads required to maintain operational the following critical systems located at the City of Yakima Public Works Complex, 2301 Fruitvale Boulevard, Yakima, Washington: • Communications - (Telephone, Data, Radio) • Fuel Depot • Fleet Maintenance Shop— (277V lighting only) The Engineer shall also determine and describe the nature of the power requirements of each electrical load and the available options for supplying standby electrical power to each of the loads identified. Additionally, the Engineer shall determine and describe the type of electrical generator (size, fuel source, etc.) required, the available fuel supply, and proposed location for a generator necessary to provide such standby electrical power. Products to be furnished by the Engineer to the City The Engineer shall provide the Public Works Director with a written report by Friday, June 18, 1999, or sooner, that shall describe the above. determinations, recommendations and information. The reportshall identify documents, information and material that support the Engineer's determinations and recommendations. Also, attached to the report shall be 8 1/2" x 11" drawings outlining options available to the City for the standby electrical systems. Professional Service Contract 7 EXHIBIT B Conley Engineering, Inc. Consulting Electrical Engineers Cost of Engineering Services The Engineer shall provide the services and products on a time and expense basis with a total fee not to exceed Six Thousand Eight Hundred Dollars ($6,800.00) in accordance with the Engineer's 1999 standard billing rates listed below. Standard Billing Rates for 1999 Personnel Hourly Rate Principal Engineer $105 Registered Professional Engineer $90 Certified Communications Engineer $90 Certified Software Engineer $90 Project Engineer $75 Software Project Engineer $75 CAD Technician $65 Engineering Technician $55 Administrative $45 Professional Service Contract 8 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. s/ For Meeting of 04/20/99 ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to execute an engineering services agreement with Conley Engineering Inc., regarding electrical power requirements and the level of standby power generation necessary to meet the needs of certain critical systems located at the City of Yakima Public Works Complex SUBMITTED BY: Chris Waarvick, Director of Public Works John A. Haddix, Administrative Assistant / Senior Project Planner CONTACT PERSON/TELEPHONE: John A. Haddix / 575-6005 SUMMARY EXPLANATION: Before Council is a proposal to engage professional engineering services to determine the electrical power requirements and the levelof standby power generation necessary to meet the minimum electrical needs of certain critical systems located at the Public Works Complex located at 2301 Fruitvale Boulevard, Yakima, Washington. The proposal is based on the Year 2000 (Y2K) Report. presented to City Council at a Council Study Session held February 2, 1999. The Y2K Report recommends, at minimum, certain critical systems such as the fuel depot, the communications center (phone, data, radio), and the maintenance area at the Public Works Complex have a means for backup power generation in the event there is a loss of electrical power from the utility supplier. The cost shown in the Engineering Services Agreement is a time and expense "maximum, not to exceed amount" of $6,800. There shall be additional construction and equipment costs to install the recommended backup power generating system. Public Works Administration Service Unit 633, Facility Maintenance shall be the source of funds for this engineering service project. The estimated time for Report completion is June 18, 1999. Resolution X Ordinance _ Contract X Other (Specify) Funding Source Public Works Administration Fund — 560/633 Facilities APPROVED FOR SUBMITTAL: City Manager er g STAFF RECOMMENDATION: Approve Resolution authorizing the City Manger to execute the Agreement. BOARD/COMMITTEE RECOMMENDATION: N/A COUNCIL ACTION: