HomeMy WebLinkAboutR-2010-024 Yakima Downtown Futures Initiative Project, Phase 4, Services Agreement with Conley Engineering, Inc.RESOLUTION NO. R-2010-24
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute a professional services agreement with Conley Engineering,
Inc. in an amount not to exceed $20,800 for assessment of existing
electrical uses, determination of new electrical needs, design and
diagrams of all new electrical needs on Phase 4 of the Yakima
Downtown Futures Initiative Project.
WHEREAS, the City of Yakima has received a direct appropriation grant through
the Washington State Public Works Board (PWB) which is intended to provide design and
to construct improvements to street segments within the City's downtown area; 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 Phases 1, 2 and 3 of the Yakima Downtown Futures
Initiative Project and has indicated its availability to provide similar services for Phase 4,
along E. "A" Street between 3nd Street and 6th Street and 8th Street between "A" Street and
E. Chestnut Avenue, (along with E. "A" Street between 1st and 3`d Street and Naches from
"A" to Yakima avenue as funding allows.); 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 Phase 4 of the Yakima Downtown
Futures Initiative Project; Now Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is authorized and directed to execute the attached
and incorporated Professional Services Agreement with Conley Engineering, Inc., in an
amount not to exceed $20,800, for professional engineering services on the Yakima
Downtown Futures Initiative Project, Phase 4, with an effective date of February 16, 2010.
ADOPTED BY THE CITY COUNCIL this 16th day of February, 2010
ATTEST:
City Clerk
l�
Micah Cawlefr, Mayor
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 design of Phase 4 of the Yakima Downtown Futures Initiative 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, design and diagram all new electrical needs for the City's Project to improve
portions of East 'A' Street between 3rd Street and 6th Street along with 8th Street between 'A'
Street and E. Chestnut Avenue, East 'A' Street between 1st and 3rd Streets and Naches Avenue
from 'A' Street to Yakima Avenue as funding allows, under said Yakima Downtown Futures
Initiative Project. The Engineer shall not proceed on tasks 1 through 4 on any street segment
unless directed in writing by the City. The scope 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 February. 22; 2010 and shall
terminate at midnight of December 31, 2010, 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 "B." 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 Twenty Thousand, Eight Hundred
Dollars ($20,800). The Engineer shall submit to the City monthly invoices itemizing percentages of
project segments 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
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.
c. In the event that both the Engineer 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).
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.
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:
Brett H. Sheffield, P.E.
Chief Engineer
City Hall
129 North Second Street
Yakima, WA 98901
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 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 bein 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.
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
By:
Date:
R. A. Za , y nager
aR .0
A JEST:
Ak/
mfr City Clerk
City Contract No.
City Resolution No.
is Jr. it Ma
CONLEY ENGINEERING, INC.,
a Washington Corporation
By.serti?1,(
Date:
Patrick L. Conley, PE, Preside
Z�z3A0/O
Scope of Services:
Project limits are as follows:
• East "A" Street from North 3rd Street to Naches Avenue.
• East "A" Street from Naches Avenue to North 6th Street.
• N. & S. 8th Street from East "A" Street to Chestnut Avenue
• East "A" Street from North First Street to North 3rd Street.
• North Naches Avenue from Yakima Avenue to "A" Street.
The following tasks are to be performed at these locations:
Task 1
EXHIBIT "A"
Field verify the existing electrical circuits and electrical services that currently
serve existing street lighting, signalization and miscellaneous electrical
equipment currently located within the project limits. This information will be
used to prepare demolition/reuse drawings for the existing circuits, services
and equipment as well at to determine the feasibility of reusing portions of the
existing services/circuits to serve new lighting and power circuits. This will
also assist in coordinating the new drawings with overhead power lines to
avoid potential conflicts.
Task 2 Meet with Pacific Power and the City to determine locations of new electrical
services that may be required to serve the new lighting and power circuits.
The obtaining of utility easements and right-of-ways will be by others.
Task 3 Preparation of the plan drawings and diagrams in AutoCAD R2004 format for
the Construction Document phase of the project. This will include preparation
of electrical specifications formatted to match Department of Transportation
Road and Bridge and the City of Yakima Specifications. The scope of work
will include the design of service and distribution systems and branch circuits
for new lighting and power devices (street lighting poles, pedestrian lighting
poles and tree convenience receptacles). The locations of lighting fixtures
and power devices will be determined by the City.
Task 4 Provide services during bidding and construction including, preparation of
addendums, submittal review, answering Contractor questions and
approximately six site visits.
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.
Each task will be completed by the Electrical Engineer in the timeframe allotted by the
City and shall begin following written authorization to proceed. Work performed by the
Electrical Engineer shall be completed in a professional workmanlike manner.
EXHIBIT "B"
BILLING RATES FOR 2010
„, a°„ personneti °� M ;'_ `� := ""��
$woarly Rate;-' ,<',
Principal Engineer
.$145
Senior Professional Engineer
$135
Registered Professional Engineer (PE)
$120
Project Engineer
$100
Cad Designer
. $90
CAD Technician
$80
Engineering Technician
$80 •
Administrative
$55
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of February 16, 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 $20,800 to assess existing
electrical uses, determine new electrical needs, design and diagram all
new electrical needs for the Yakima Downtown Futures Initiative Project
Phase 4 (Central Business District Street Segments).
SUBMITTED BY: William Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Doug Mayo, P.E., City Engineer 576-6678
SUMMARY EXPLANATION:
This project, approved by City Council in the 2010 budget, is a continuation of the Downtown
Futures Initiative. The construction limits of this Phase 4 project are portions of E. "A" Street
between 3rd Street and 6th Street along with 8th Street between "A" Street and E. Chestnut Avenue.
(We will also design E. "A" Street between 1st and 3rd Street and Naches from "A" to Yakima
avenue as funding allows.) Project construction will include new sidewalk, mid -block street lighting
(historic style with planter arms), trees, tree lighting, an automatic irrigation system, wheelchair
ramps and new curbing as needed along with other street -side amenities that are within budget.
Construction includes realigning 8th Street along the Convention Center.
This contract proposal is to utilize Conley Engineering's expertise of electrical assessment and
project design, similar to their role in Phases 1, 2 and 3 of this project. The final contract will be
similar to the contract attached and approved by the City Attorney.
The resolution authorizes the City Manager to execute the attached Professional Services
Agreement with Conley Engineering, Inc. to perform assessment of current electrical uses,
determine new electrical needs, design and diagram all new project electrical needs within the
Phase 4 area. The attached agreement identifies the tasks and estimated costs for performing
these calculations and related services, not to exceed $20,800.
Resolution XX Ordinance Contract XX Other (Specify).
Funding Source:
CBD Capitol Improvement Fund 321
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt the resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
Michael Morales, Director
Douglas Mayo, PE, City Engineer
Engineering Division
129 North Second Street, 2" Floor
Yakima, Washington 98901
(509) 575-61 1 1 -- Faz (509) 576-6305
September 7, 2010
AMENDMENT NO. 1
Contract March 11, 2010
Page 1 of 1
Scope of Services (original):
Task 3: Preparation of the plan drawings and diagrams in AutoCAD R2004
format for the Construction Document phase of the project. This will include
preparation of electrical specifications formatted to match Department of
Transportation Road and Bridge and the City of Yakima Specifications. The
scope of work will include the design of service and distribution systems and
branch circuits for new lighting and power devices (street lighting poles,
pedestrian lighting poles and tree convenience receptacles). The locations of
lighting fixtures and power devices will be determined by the City.
"Task 3" shall be extended by a maximum amount of $3,000 for additional design of the
festival lighting system over the plaza created by the relocation of 8th Street.
Original contract amount:
Amendment #1:
Total Conley Contract:
APPROVED BY:
$ 20,800
$ 3,000
$ 23,800
CITY OF YAKIMA CONLEY ENGINEERING, INC.
R. A. Zais, Jr. / City Manager Patrick L. Conley, PE / President
City Contract No. 2010-19
City Resolution No. R - 2010-24