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HomeMy WebLinkAboutR-1990-D5744 Uninterupted power supply• • • • • • • RESOLUTION NO. A RESOLUTION authorizing executing of a L. Conley, P.E. Consulting related to an uninterrupted contract with Patrick Engineer for services power supply system. WHEREAS, the City of Yakima desires to investigate and implement an uninterrupted power supply system for the City public safety computer system, the City Police cations systems, and the City telephone system; WHEREAS, the City of Yakima staff does not radio communi- and possess ade- quate expertise to conduct such investigation and implementa- tion, and WHEREAS, the Director of the Department of Engineering and Utilities has complied with the engineering service pro- curement requirements of RCW WHEREAS, as a result of Director of the Department Chapter 39.80, and compliance with said Chapter, of Engineering and Utilities determined that Patrick L. Conley has the necessary skills the has and expertise to perform the desired investigation and implementa- tion of a uninterrupted power supply system for the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute an agreement, together with attached task orders and exhibits, with Patrick L. Conley, P.E. for the performance of the above-described services. A true copy of said agreement and attachments is attached to this resolution and made part of it. ADOPTED BY THE CITY COUNCIL this day of V `c...� 1990. ATTEST: C/hv►c.__ City Clerk (res'contract) Mayor AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System AGREEMENT THIS AGREEMENT, made and entered into this day of .37G//14Y 1990, by and between the City of Yakima, Washington, hereinafter called "City" and Patrick L. Conley, P.E., Consulting Engineer, hereinafter called "Engineer", is for the provision by the Engineer to City of professional services in support of City's Uninterruptable Power Supply System. In consideration of the covenants and agreements herein contained and the terms and conditions hereof, the parties agree as follows: 1. Services. Engineer shall provide the City professional consulting engineering services through a series of task orders as provided in paragraph 2 below. The professional services to which the parties may agree by task orders may include, but are not limited to those listed in Exhibit A, attached hereto and by this reference incorporated herein. 2. Task orders. Prior to commencement of any services, the City and Engineer shall mutually agree upon and execute a task order for the specified services. The task order shall describe the services to be provided, the time for performance of the services, the provisions for fees for the services, and any provisions additional to this agreement. Execution of this agreement and Task Order No. 1 by the City and the Engineer authorizes the Engineer to proceed with the services described in Task Order No. 1. Execution of each subsequent task order shall incorporate each subsequent task order into this agreement. The execution of this agreement does not obligate either of the parties hereto to provide or accept any services unless and until the parties have mutually agreed upon and executed a specific task order for such services. 3. Time period for Performance of Services. The Engineer shall commence such services as are described on executed task orders in accordance with the time schedules set forth therein and shall proceed with the provision of such services in a diligent manner. The Engineer shall not be responsible for delays caused by factors beyond the Engineer's control or which could not reasonably have been foreseen by the parties at the time the task order was executed. The anticipated schedule for the project is shown as Exhibit B. 4. Payments to Engineer. A. Fee for Services. In each specified task order executed by the parties, the parties shall specify payment to the Engineer for services performed by either (1) agreeing to a fixed fee amount, or (2) agreeing to pay the Engineer utilizing the hourly rate and expense schedule, "Fee Schedule", attached hereto as Exhibit C and by this reference incorporated herein. Said Fee Schedule is subject to revision by the Engineer not sooner than two years after the execution of this agreement, and no more often than once each year thereafter. Under the fee schedule method, the parties shall agree on an amount which represents the maximum fee to which the Engineer shall be entitled under that task order. That amount shall represent the best estimate of the Page 1 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System parties of the maximum cost of the Engineer's services specified in that task order. In the event the cost of services will exceed that estimate, the Engineer shall advise the City in advance of such excess costs and shall provide no services in excess of such estimated costs without the approval of the City. B. Estimated Fees. The estimated fees for anticipated task orders are shown as Exhibit A. C. Renegotiation of Fee. The Engineer reserves the right to renegotiate the fee or estimate of fee specified in any task order if the scope of services as specified in the task order is modified by the City or by others or by conditions beyond the control of the parties hereto whereupon additional expenses shall be incurred by the Engineer. The City and Engineer shall agree to such a change in fee and services in writing prior to the Engineer's provision of such modified or changed services. D. Time of Payments. Engineer shall periodically submit invoices for the unbilled portion of the services completed to that date. City agrees to pay the invoiced amounts within 30 days from the date of receipt of the invoice. E. Payments in the Event of Termination. In the event of termination of this agreement, Engineer shall be compensated for services performed under this agreement to the date of termination in accordance with the terms above. F. Permits and Advertising. City shall pay all regulatory permitting and advertising fees and all other project fees normally paid by the City for a public works project. 5. Standard for Performance. Engineer shall perform his services in accordance with generally accepted engineering and consulting standards and shall be responsible for the technical soundness and accuracy of all work and services furnish pursuant to this agreement. 6. Termination. Either party may terminate this agreement at any time upon 30 days written notice to the other party. 7. Opinions of Cost. Engineer has no control over the cost of labor, materials, equipment, or services provided by parties other than Engineer and its subcontractors. Engineer has no control over contractor's methods of determining prices, or other competitive bidding or market conditions, and its opinions of probable project or construction costs are to be made on the basis of its experience with the construction industry. However, Engineer can not and does not guarantee that proposals, bids, or actual project or construction costs will not vary from the opinions of probable costs prepared by the Engineer. Page 2 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System 8. Construction and Safety. Engineer shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. 9. Ownership of Documents. The originals of all documents, including drawings and specifications, prepared by Engineer shall remain the property of the Engineer. The Engineer shall provide the City with a reproducible and/or non -reproducible copies of the documents, drawings, and specifications, and other work products as specified in each task order. Such documents, drawings, and specifications are not intended or represented by the Engineer to be suitable for reuse by the City or others on extensions of the services provided for the intended project or on any other project. Any reuse without written verification or adaptation by the Engineer will be at the City's sole risk and without liability or exposure to the Engineer, and the City shall indemnify and hold harmless the Engineer from all losses, claims, damages, and expenses, including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation by Engineer will entitle the Engineer to further compensation at rates agreed upon by the parties. Engineer shall provide a reproducible copy of the final record drawings showing the construction project measurements when authorized to do so by task order. 10. Design Intent. Engineer shall prepare design documents, drawings, and specifications with the understanding that he will be observing the quality and progress of construction for compliance with the intent of the design, and furthermore that such observation of construction will be compensated by the City at the rates agreed upon by the parties hereto. 11. Indemnity. The Engineer shall indemnify, and hold harmless City from any and all claims or liabilities arising out of Engineer's negligent performance of this Contract. Engineer shall comply with all federal government, state, and local laws and ordinances applicable to the work to be done under this Contract. Prior to beginning work under this Contract, Engineer shall provide Certificates of Insurance as evidence that policies providing the following coverage and limits of insurance are in full force and effect. A. GENERAL COMPREHENSIVE LIABILITY With respect to liability for injuries to or death of persons and with respect to liability for destruction of or damage to property, the insurance coverage shall be $500,000 combined single limit and such coverage shall include the special provisions listed below: City shall indemnify and hold Engineer harmless from all claims or liabilities, including attorney's fees, arising out of City's negligent acts. Page 3 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System 1. The City, its officers, employees, and agents shall be named as an additional insured and the coverage shall be applicable to and protect the City, its officers, employees, and agents from liability arising from or relating to Engineer's activities relating to this Contract. Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder. 2. Such insurance shall not include explosion, collapse, or underground exclusions commonly referred to as the "XCU" hazards. B. AUTOMOBILE COMPREHENSIVE LIABILITY With respect to liability for injury to or death of persons and with respect to liability for destruction of or damage to property, the City, its officers, employees, and agents shall be named insured and the insurance coverage shall be $500,000 combined single limit. Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder. Failure of either or all of the named insured to report a claim under such insurance shall not prejudice the rights of the City, its officers, employees, and agents thereunder. The City, its officers, employees•, and agents will have no obligation for the payment of premiums because of its being named as an insured under such insurance. Prior to the beginning work for property acquisition, development of contract plans and specifications, and construction management the Engineer or its subcontractors shall provide evidence of errors and omissions coverage for a minimum of $250,000. 12. Additional Services. At the City's option and direction, Engineer shall provide additional engineering, observation, and/or planning services as authorized by mutually agreed task orders. 13. Entire Agreement. This Agreement constitutes the entire agreement between the City and Engineer and supersedes all prior or contemporaneous oral or written representations or agreements. This agreement shall not be modified, except with an agreement signed by both parties 14. Attorney's Fees. In the event suit or legal action is instituted to enforce any of the terms or conditions of this agreement, venue shall be in the Superior Court for Yakima County. The losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may judge reasonable as attorney's fees in such suit or action, in both trial and appellate courts. Page 4 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System 15. Assignment. Neither party to this agreement shall assign the agreement, nor any interest arising herein, without the written consent of the other. The Engineer shall be authorized to employ or subcontract with any other party or entity it deems necessary for the performance of any of the services to be provided by the Engineer pursuant to the terms of this agreement. 16. Separate Agreement. In the event any of the terms or clauses of this agreement is held to be illegal or unenforceable by any court or arbitrator, the remaining clauses and terms shall continue in full force and effect and shall be enforceable. 17. Governing Law. This agreement is governed by the laws of the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. PATRICK L. CONLEY, P.E. CITY OF YAKIMA, WASHINGTON CONSULTING ENGINEER By: Patric L. Conley/ P.E. Page 5 By: Richard A. ais, Jr. City Manager Attest: cmc. City Clerk City Contract No. iO - 3 (0 Resolution No. b _ 5 ?`" AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System EXHIBIT A ANTICIPATED SCOPE OF SERVICES & FEES Task Estimated: Design Development Balance of Work Est. Fee $ 4,200.00 5,150.00 Note: The fees listed above as "Estimated" are the best estimates of the parties at the time of the agreement execution. The fees to be paid Engineer are dependent upon several factors and parties beyond the control of the City and Engineer. Said factors include, but are not limited to the equipment load size and type and the suitability of the existing equipment for UPS application. For that reason, the estimates listed above are subject to change and should only be used for general planning purposes. Page 6 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System Task Order No. 1 Task Order No. 1 - Design Development During the Design Development Phase Engineer shall investigate needs for UPS capability for the existing telephone and police radio communications systems as well as the data processing department in this regard. The City will prepare a tabulation by the respective communications and/or data processing departments of the items of equipment which are to be served by the UPS system. Attached to this letter is a form which can be used to facilitate gathering and consolidation of this information. On this form the Engineer has identified the name of equipment, such as disk drive, radio transmitter, etc., the manufacturer, model number, and electrical characteristics. If there is a contact at the manufacturer or vendor who supplied this equipment who may be knowledgeable on the characteristics of the equipment or if there is operation, installation, or maintenance information available on the equipment which indicates its characteristics and the required type of power supply for the equipment, it would be helpful to gather and consolidate this information for review and inclusion in the initial design of the system. The electrical characteristics of the equipment may not be readily apparent and may require review of nameplate information and/or contact with the manufacturer to determine the information required. However, many items of equipment will have the voltage, phase, and current or a portion of this information and the kVA rating or kW rating associated with the equipment item. When this information has been obtained, the Engineer will supplement it to whatever extent is necessary by contacting manufacturers and/or suppliers to determine the characteristics of the equipment and the type of UPS best suited for serving equipment. This will assist in identifying the alternate choices available to the City for UPS equipment to serve these systems. When the City has had an opportunity to review this form, the Engineer will meet with the individuals involved in each department and/or system so that the Engineer may assist in organizing and gathering information. The City is expected to furnish the Engineer with full information as to the City's requirements including any special or extraordinary considerations for the Project or special services needed, and also to make available all pertinent existing data. It is necessary that the City advise the Engineer in writing at an early date if the City has budgetary limitations for Total Project Costs or Construction Cost. The Engineer must accept any such limitation as being realistic and will then endeavor to work within those limitations. If the City requests, the Engineer will submit to the City periodically during the design phase of the Engineer's services the Engineer's opinions as to the probability of Page 7 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System completing construction within the City's budget and, where appropriate, request an adjustment in the budget or a revision in the extent or quality of the Project. The Engineer does not guarantee that the Engineer's opinions will not differ materially from negotiated prices or bids. If the City wishes greater assurance as to probable Construction Cost or if the City wishes formal estimates, an independent cost estimator should be employed. When the needs of each system have been identified, both with regard to capacity and suitability for operation from different types of uninterruptable power supply, we will make a recommendation for installation of one or several UPS systems. If the needs of the different areas are similar and can all be well served from a single, economical UPS system, this will simplify the design development process. However, if the needs differ among the three users of the UPS supply power, it will then be necessary to evaluate and identify the alternate possible schemes which could include the following: 1. A single UPS with separate conditioning to supply the needs of each system. 2. Individual UPS for each system served from a common power distribution system. 3. A combination of the above items with the computer and communication systems separated or with the computer and one communication system grouped and the remaining communications served separately. The design development phase would conclude with a written report or memorandum of understanding which reflected the decisions made by the appropriate City of Yakima personnel for each system which is involved in the UPS project. Page 8 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System Task Order No.1 Engineer's Fee for Task Order No.1: Engineer's fee shall be calculated according to the fee schedule method with an estimated fee calculated as follows: Labor: Principal Engineer 20 hrs @ $75.00 = $ 1,500.00 Project Engineer 30 hrs @ $50.00 = 1,500.00 Engineering Tech 20 hrs @ $35.00 = 700.00 Drafting 10 hrs @ $25.00 = 250.00 Clerical 10 hrs @ $15.00 = 150.00 Estimated Labor $ 4,100.00 Expenses Reproduction Estimated Expenses Estimated Task No.1 Fee $ 100.00 $ 100.00 $ 4,200.00 Anticipated Time of Completion: 10 weeks from authorization to proceed. TASK ORDER N0.1 AUTHORIZATION TO PROCEED CITY OF YAKIMA Date Date By: Patrick L. Conle P.E. Date Page 9 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System Task Order No. 2 Task Order No.2. BALANCE OF WORK During the Preparation of Construction Documents Phase Engineer shall prepare documents for the purchase and installation of the UPS equipment. These documents would include specification of the desired materials and installation. The technical content of the specifications would be provided to the City for issuing to bid to interested contractors/suppliers. The contract documents would either by City standard documents or NSPE/AIA standard contract documents. Where City requirements are different from those of the industry standard NSPE or AIA formats, we anticipate the City would provide the required "boiler plate". The Bidding and Bid Analysis Phase shall take place when the contract documents have been reviewed and approved by the appropriate City of Yakima personnel. At this time the City would advertise for bids and issue drawings and contract documents to plan centers, proposed bidders, and interested parties. During bidding stage Engineer would be available to answer questions, clarify the documents if necessary, prepare addenda if required, and advise the City should any questions regarding the scope or content of the project arise. When bids have been received, Engineer will prepare a bid tabulation sheet listing the bidders and the bid information provided. At the conclusion of the bid tabulation process Engineer will make a recommendation for award of contract. The Construction Observation Phase shall begin after the City has awarded and executed a contract and issued a notice to proceed to the contractor. Construction observation would consist of periodic visits to the job site that would coincide with milestones in the project schedule of the construction contractor. A final observation visit performed in conjunction with the City and the contractor would identify any items of work to be completed at the conclusion of the project. The work to be completed would be identified and a substantial completion check list issued. When work is complete and all documents have been received by the City from the contractor, the project will be terminated. Page 10 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System Task Order No. 2 Engineer's Fee for Task Order No.2: Engineer's fee shall be calculated according to the fee schedule method with an estimated fee calculated as follows: Labor Principal Engineer 20 hrs @ $75.00 $ 1,500.00 Project Engineer 40 hrs @ $50.00 2,000.00 Engineering Tech 20 hrs @ $35.00 700.00 Drafting 20 hrs @ $25.00 500.00 Clerical 10 hrs @ $15.00 150.00 Estimated Labor $ 4,850.00 Expenses: Reproduction Estimated Expenses $ 300.00 $ 300.00 Estimated Task No.2 Fee $ 5,150.00 Anticipated Time of Completion: 12 weeks from authorization to proceed after completion of Task No.l. TASK ORDER N0.2 AUTHORIZATION TO PROCEED CITY OF YAKIMA By: Date By: Patrick L. Conley, P.E. Date Page 11 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System EXHIBIT C FEE SCHEDULE Fees for services shall be based on the rates set forth below. Rates shown include Engineer's direct costs, overhead costs, and profit. Labor rates shown are charged on a per hour basis. Labor Principal Engineer $75.00 Project Engineer $50.00 CAD Drafting $45.00 Engineering Tech $35.00 Drafter $25.00 Clerical $15.00 Expenses Mileage $0.30/mi. Long Distance Telephone 150% Cost Reimbursable Expenses* 110% Cost * Reimbursable expenses include reproduction costs, postage and freight, computer-aided drafting equipment costs, expense of additional insurance, including professional liability insurance, required by Client in excess of that normally carried by Engineer and Engineer's subcontractors, and other costs necessary to complete the project but not listed herein. Page 12 AGREEMENT City of Yakima & Patrick L. Conley, P.E. Uninterruptable Power Supply System EXHIBIT C CITY OF YAKIMA UNINTERRUPTABLE POWER SUPPLY SYSTEM ANTICIPATED PROJECT SCHEDULE WEEK 1 1 2 2 3 3 4 4 5 5 6 TASK DESIGN DEVELOPMENT 1 CONSTRUCTION DOCUMENTS BIDDING CONSTRUCTION 1 I -I Page 13 ACR EEMENT CITY OF YAKIMA Communications/ Data Processing Equipment DATE EQUIPMENT NAME f! Y-AT!ON 1 MANUFACTURER JVENDORiSUUPLIER 'CONTACT PWRSPLYIVOLTASE LPMASE 1 CURRENT kVA OR kW 1 1 ( (355C' ) • • • • Information Systems Memorandum Date: May 4, 1990 To: Honorable Mayor & Members of the City Co Dick Zais, City Manager From: John Hanson, Director of Finance & Bu Rick Pettyjohn, Information Systems Subject Uninterruptable Power Supply (UPS) Purpose - This Agenda Item includes an Engineering Services Agreement with Patrick L. Conley, P.E. and a Resolution authorizing execution of the Agreement. The Agreement provides for electrical engineering services to assist the City in the acquisition and installation of an Uninterruptable Power Supply (UPS) for the City's Public Safety Computer System. Background - The original Public Safety System proposal adopted by the City Council included funds for the lease/purchase of a UPS. A UPS consists of engines, generators, batteries and power regulation equipment designed to provide continuous operation and protection for critical electronic equipment during electrical emergencies. The UPS approved by the City Council was designated to support the central Prime computer systems and the peripheral equipment necessary to" keep the Public Safety System functional. The need for a UPS has continued to increase since the original Pubic Safety System proposal was adopted as the City has grown ever more dependent upon its computers. The least serious result of a computer failure resulting from power irregularities is loss of employee time performing functions that cannot be completed without the computer A much more serious result may be the loss of critical information and Public Safety dispatching capabilities during an emergency Such a loss could jeopardize the safety of both the Police Officers and the citizens of Yakima. Acquisition Process - The acquisition process of the UPS has taken a considerable length of time because of the research and decisions necessary First, the equipment list designated for support by the UPS continued to change and grow. Originally, only the central computer equipment was considered for protection by the UPS. After further research, we realized that other equipment is essential for Emergency Service functions during power outages. This equipment includes the radio equipment, dispatch panel, critical computer terminals, and the City Hall telephone switch. Each piece of Page 1 equipment has it own specific electrical requirements. Second, we had to determine the appropriate type of UPS to meet the critical demands of the Public Safety functions of the City Three basic types of UPS are available Each type has its advantages and disadvantages. Furthermore, the level of protection varies from simple power fluctuation protection through short term supplemental power to full power protection and supply sufficient to carry the electronic equipment through extended power outages Third, a UPS of the size required by the Public Safety System is a major piece of equipment requiring a substantial investment and a sophisticated design, acquisition, and installation process. Because of these three considerations, we determined last year that the City required services of an Electrical Engineer specializing in UPS systems. Accordingly, we have completed a competitive Request for Proposal (RFP) process to contract for such engineering services. The result of that process is the attached Agreement with Patrick Conley Agreement Structure - The Agreement divides the UPS acquisition project into four tasks. Task 1 is Design -Development. In this task the engineer will analyze the City's needs and design a UPS system configuration to satisfy those needs. In Task 2, Construction Document, the Engineer will assist the City in the development of bid specifications for the UPS system designed in Task 1 During Task 3, Bidding, the Engineer will help the City evaluate the bids and select the UPS contractor And finally, in Task 4, Construction Observation, the Engineer will periodically visit the construction project to assure compliance with the construction contract. Agreement. Funding - Total estimated cost for all four Tasks is $10,000. This amount was not specifically appropriated in the 1990 Information Systems Budget. However, the contract can be funded from projected savings in the Data Processing Service Unit. Other Funding Considerations - At the present time, the Information Systems Budget for 1990 contains an appropriation sufficient to lease/purchase a UPS up to a value of $50,000. The original proposal for the Public Safety System estimated the cost of a complete UPS capable of supplying electrical power during an extended power outage at $100,000. At the time of that estimate, the Yakima County Sheriff Department was planning to join the City in the Public Safety System project. After the County decided to purchase their own system, the UPS cost estimate was reduced to $50,000 We believed at the time that amount would be sufficient to provide protection from power irregularities plus allow for ten to fifteen minutes of emergency power. After preliminary consultations with the electrical engineer, we believe the $100,000 estimate for a complete UPS capable of supplying long-term Page 2 • • • • • • supplemental power is still accurate; but, the $50,000 estimate is probably low for a UPS with only ten to fifteen minute supplemental power capabilities. To leave the City's options open in the future, the Request for Bids for the UPS will require the vendors to respond with two levels of UPS. Level 1 will be with only short term supplemental power capabilities. Level 2 will include long term supplemental power After the bids are returned and the costs of the various options are known, the City can decide which UPS configuration is appropriate ,for the City's needs. Staff Recommendations - The staff recommends that the City Council approve the Resolution authorizing execution of a contract. with Patrick L. Conley for Consulting Engineering Services. Page 3