Loading...
HomeMy WebLinkAboutReso 94-133 - Existing LMD's 16,17 & 22 adopted reso initiating proceedings for consolidation of existing LMD as District "C" RESOLUTION NO. 94- /.F.-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF REDDING AND POWER ENGINEERS, INC. IN THE AMOUNT OF $230,702 TO PERFORM EASEMENT ACQUISITION, PERMITTING, SURVEYING, AND DESIGN OF THE SOUTH AIRPORT 115/12kV TRANSMISSION PROJECT, AND AUTHORIZING THE MAYOR TO SIGN. WHEREAS, on March 1 , 1994, the City Council certified final EIR-6-92; adopted a Project Mitigation and Reporting Program; authorized proceeding with project development along Preferred Route A ( including Subsite A) and the acquisition of easements; and directed staff to issue a Request for Proposal (RFP) to seven consulting firms for the easement acquisition, permitting, surveying, and design of the South Airport 115/12kV Transmission Project; and WHEREAS, the Project is essential for development in the south/southeast Redding area, and will ensure continued reliable City electric service; and WHEREAS, Power Engineers, Inc. met the requirements of the RFP and provided the low bid in the amount of $230 ,702; and WHEREAS, for the reasons set forth in the accompanying Report to City Council, the Electric Department has recommended awarding the contract to the low bidder, Power Engineers, Inc. ; and WHEREAS, this Project is included in the Capital Improvement Program for the Fiscal Year 1993/94 Budget; and funds are included in the 1993 Electric System Project Financing Program; and WHEREAS, presented herewith for Council' s consideration is the proposed Agreement for Professional Services between the City of Redding and Power Engineers, Inc. , of which the Proposal and Errata for Proposal are a part thereof; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding: 1. That the Council believes entering into an Agreement for Professional Services with Power Engineers, Inc. to perform easement acquisition, permitting, surveying, and design of the South Airport 115/12kV Transmission Project will benefit City Electric Utility customers. 3 . That the Council hereby approves the Agreement for Professional Services between the City of Redding and Power Engineers, Inc. in the amount of $230,702 . 00, a true copy of which is attached hereto and incorporated herein by reference. 4. That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 17th day of May, 1994, by the following vote: j YES: COUNCIL MEMBERS: P. Anderson,, Kehoe, McGeor(je, Murray, and ;R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None OBERT C. ANDERSON, Mayor City of Redding A EST: FORM APPROVED: �- CONNIE STROHMAYER, ity Clerk RANDALL A. HAYS, City Attorney AGREEMENT FOR PROFESSIONAL SERVICES POWER ENGINEERS, INC. AND CITY OF REDDING SOUTH AIRPORT 115/12KV TRANSMISSION LINE PROJECT GM69(1/6/94) 1 TABLE OF CONTENTS Page RECITALS 3 AGREEMENT 3 ARTICLES 1 Effective Date 3 2 Services to be Performed by Engineer 3 3 Notices 3 4 Compensation 4 5 Changes in the Project 4 6 Standard of Care 5 7 Indemnification 5 8 Risk Allocation 5 9 Successors and Assigns 5 10 Ownership and Reuse of Documents 5 11 Drawings, Plans, Data Supplied by Others 6 12 Insurance 6 13 Force Majeure 7 14 Document Review 7 15 Termination 8 16 Mediation 8 17 Special Provisions 8 18 Controlling Law 8 GM69(1/6/94) 2 This Agreement for Professional Engineering Services, is entered into this day of 1994, by and between POWER Engineers, Inc., hereinafter (POWER); and City Of Redding hereinafter CITY; RECITALS WHEREAS, CITY is considering construction of approximately four (4) miles of 115kV wood pole transmission line with a 12kV underbuild and a future 115/12kV substation. WHEREAS, CITY requires certain professional engineering services in connection with the project; and WHEREAS, POWER intends to perform such services and such services shall be as specifically described in POWER's Proposal to Provide Engineering Consulting Services for The City of Redding's South Airport 115-12kV Transmission Line Project dated April 12, 1994 and Errata dated April 21, 1994. POWER's Proposal incorporates the City's RFP dated March 4, 1994 and is entitled, "Request for Proposal to Conduct Professional Consulting Service of the South Airport 115/12kV Transmission Line Project for the City of Redding,". NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: AGREEMENT ARTICLE 1: EFFECTIVE DATE The effective date of this Agreement shall be the date POWER receives written Notice to Proceed from CITY. This notice shall be given not more than sixty days from the execution of this Agreement. If Notice to Proceed is not given by this date, then this Agreement shall become null and void. ARTICLE 2: SERVICES TO BE PERFORMED BY ENGINEER The services described generally above are hereby specifically described in POWER's Proposal to Provide Engineering Consulting Services for The City of Redding's South Airport 115-12kV Transmission line Project dated April 12, 1994 and Errata dated April 21, 1994, hereinafter ("Proposal") which is attached hereto as Exhibit A and incorporated herein by this reference. POWER's Proposal incorporates the City's RFP dated March 4, 1994 and is entitled, "Request for Proposal to Conduct Professional Consulting Service of the South Airport 115/12kV Transmission Line Project for the City of Redding,". For areas of conflict between the City's RFP and POWER's Proposal, the City's RFP shall govern. ARTICLE 3: NOTICES The City designates Bruce Russell, as the City's contact for notices and communications and whose address is: City of Redding Electric Department 760 Parkview Avenue Redding, CA 96001 GM69(1/6/94) 3 He shall be available as necessary or reviewing and approving the Work, and for recommending approval of invoices and other records of POWER. POWER designates John McGrew, whose address for notices and communications is: POWER Engineers, Inc. P.O. Box 1066 Hailey, ID 83333 as its representative to act for POWER in connection with this Agreement. POWER's representative may delegate his work and authority to others as he desires, confirming such action in writing to the City. ARTICLE 4: COMPENSATION In consideration for the services performed by POWER, CITY shall pay POWER the compensation as set forth in the Proposal. Invoices will be submitted by POWER periodically, approximately once a month and are due within thirty (30) calendar days of invoice date. If CITY objects to all or any portion of an invoice, Client shall notify POWER within fourteen (14) calendar days of invoice date, identify cause of disagreement, and pay when due that portion of the invoice not in dispute. All outstanding balances will accrue a finance charge of 1.0% per month for each month the invoice is outstanding. The work to be conducted, as approved by this Agreement, shall be limited scope to that defined as outline in the Proposal. The amount payable to POWER shall not exceed$230,702. ARTICLE 5: CHANGES IN THE PROJECT CITY, without invalidating this Agreement, may order changes in the project within the general scope of this Agreement consisting of additions, deletions, or other revisions, POWER's compensation and the design completion date being adjusted accordingly. All such changes in the project shall be authorized by Change Order, signed by CITY and POWER. 5.1 A Change Order is a written order to POWER, signed by the CITY or his authorized agent issued after the execution of this Agreement, authorizing a change in the project or the method or manner of performance and/or an adjustment in POWER's compensation, or the design completion date. 5.2 The increase or decrease in POWER's compensation and change in completion date resulting from a change in the project shall be determined by mutual agreement. 5.3 If the parties are unable to agree to such change in POWER's compensation, POWER, upon receipt of a written order signed by CITY, shall promptly proceed with the Work involved. The cost of such additional Work shall then be determined on the basis of the actual time and expense incurred for performing the Work attributed to the change, charged at the rates set forth in the Proposal. In such case, POWER shall maintain a separate time and expense accounting for the additional Work. The amount of decrease in the price to be allowed by POWER to CITY for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease computed by POWER. Such computation shall be made in good faith with the participation of the CITY. When both additions and credits are involved in any one change, the change in compensation shall be calculated by adding increases or subtracting decreases to arrive at a net change. 5.4 The Work contracted for and any known conditions are as set forth in the Proposal. If concealed conditions encountered in the performance of the Work differ materially from those set forth in the proposal or differ from those ordinarily encountered and generally recognized as inherent in the Work, POWER's compensation and the design completion date shall be equitably adjusted by Change Order upon claim by either party within a reasonable time after the first observance of the conditions. GM69(1/6/94) 4 5.5 POWER shall be entitled to extend its date of completion and to additional compensation computed as described above resulting from delay beyond POWER's control or services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, Owner's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in law, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond POWER's control. ARTICLE 6: STANDARD OF CARE POWER represents that it will perform its services in accordance with generally accepted professional practices existing at the time of performance for the locality where the services are performed. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED BY THE RENDERING OF THE SERVICES PROVIDED. ARTICLE 7: INDEMNIFICATION POWER shall indemnify and hold harmless the CITY, its officers, employees, volunteers, and agents against injury, loss or damage arising out of the negligent acts, errors or omissions of POWER. The CITY shall not require POWER to assume any responsibility for the acts, errors, or omissions of the CITY, its officers, employees, volunteers, or agents . Furthermore, the CITY agrees to indemnify and hold harmless POWER, its officers, employees, volunteers, and agents against injury, loss or damage arising out of negligent acts, errors, or omissions by anyone directly or indirectly employed by the CITY or for anyone who acts at the direction of the City. ARTICLE 8 RISK ALLOCATION CITY and POWER have discussed the risks and benefits of the project and CITY recognizes that POWER's fee includes an allowance for funding a variety of risks which affect POWER by virtue of its agreeing to perform the services described in this Agreement. One of these risks stems from POWER's potential for human error. In order for CITY to obtain the benefits of reduced compensation which includes an allowance for risk, CITY agrees to limit POWER's liability to CITY arising from POWER's professional acts, errors, or omissions, negligence, strict liability, breach of contract or breach of warranty such that the total aggregate liability of POWER shall not exceed$1,000,000. This allocation of risks between POWER and the CITY applies only to limit POWER's liability to the CITY. The liability POWER may incur on behalf of itself or on behalf of the City to third parties, through POWER's actions, will not be limited or affected in any way by this allocation of risks between POWER and the City. ARTICLE 9: SUCCESSORS AND ASSIGNS CITY and POWER each binds itself and its partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. ARTICLE 10: OWNERSHIP AND REUSE OF DOCUMENTS The plans and specifications prepared under this Agreement shall become the property of the CITY upon completion of the work and payment in full of all monies due to POWER. CITY agrees, to the fullest extent permitted by law, to indemnify and hold POWER harmless from any claim, liability or cost (including reasonable attorney's fees and defense costs) arising or allegedly arising out of any reuse or GM69(1/6/94) 5 modification or the documents by CITY or any person or entity that acquires or obtains the documents from or through CITY. ARTICLE 11: DRAWINGS, PLANS, DATA SUPPLIED BY OTHERS The parties agree that from time to time POWER may need information from CITY for the rendering of the services hereunder and CITY agrees to provide POWER such information as is then available. CITY recognizes that it is impossible for POWER to assure the sufficiency and accuracy of such information. Accordingly, CITY waives any claim against POWER for liability or injury or loss allegedly arising from errors, omissions, or inaccuracies in documents, drawings, plans or data provided to POWER by CITY or by other third parties. If any of the work or services must be redone because of errors in drawings, plans, or data supplied to POWER, then POWER shall be compensated for such extra work as Additional Services to be billed to CITY, and schedule shall be adjusted accordingly. ARTICLE 12: INSURANCE POWER shall furnish the CITY a policy or certificate of comprehensive general liability insurance in shich the CITY is named insured or is named as an additional insured with POWER. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the CITY shall be the insured or named as additional insured covering work or tasks associated with the contract. The policy shall insure the CITY, its officers, employees, and agents while acting within the scope of their duties on the work or tasks associated with the contract. POWER will provide a Certificate of Insurance of the following minimum amounts: 1. General Liability insurance with bodily injury of not less that $1,000,000 for each occurrence and not less that $1,000,000 in the aggregate, and with property damage limits of not less that $1,000,000 for each occurrence and not less that $1,000,000 in the aggregate. 2. Automobile Liability insurance with bodily injury limits of not less that $1,000,000 for each accident and with property damage limits of not less that $1,000,000 for each accident. 3. Statutory Workers' Compensation and Employer's Liability Insurance, as required by the State of California; for all employees engaged in services or operations under the contract. The employer's liability insurance shall provide limits of not less that one million ($1,000,000) per occurrence. Both the Workers' Compensation and employer's liability policies shall contain the Insurer's waiver of subrogation in favor of the CITY, its officers, agents, employees and volunteers. 4. Professional Liability insurance with limits of not less that $1,000,000 annual aggregate. The Certificate of Insurance will list as additional insured the CITY, its officers, agents and employees for General Liability and Automobile Liability. The General Liability and Automobile Liability policies will contain or be endorsed to contain the following: a) For any claims related to this project, POWER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the CITY, its officers, officials, employees, agents or volunteers shall be excess of POWER's insurance and shall not contribute to with it. b) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees, agents or volunteers. GM69(1/6/94) 6 c) POWER's insurance shall apply separately to each insured against who claim is made or suit is brought except with respect to the limits of the insurer's liability. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less that 30 days before expiration or cancellation is effective. Before execution of the contract by the CITY, POWER shall file with the CITY the following signed certifications: "I am aware of the provisions of Section 3700 of the Labor Code which required every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work or tasks associated with the contract." POWER shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workmen's Compensation Insurance, and shall furnish a Certificate of Insurance to the CITY before the execution of the contract. The CITY, its officers, agents, or employees, will not be responsible for any claims in law or equity occasioned by failure of POWER to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event or expiration or proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail not less that 30 days before expiration or cancellation is effective. ARTICLE 13: FORCE MAJEURE Where POWER is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay beyond the control of CITY and POWER, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be Power's sole exclusive remedy for such delay as between CITY and POWER. In no event shall POWER be liable to CITY, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from delays beyond the control of the City or POWER including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by third party contractors performing work outside the scope of this agreement. ARTICLE 14: DOCUMENT REVIEW CITY agrees that POWER shall review drawings or other documents prepared by others solely for their conformance with Power's design intent and conformance with information given in Power's specifications. POWER shall not be responsible for design which is the responsibility of others, nor for any aspects of drawings or documents supplied by others that affects or is affected by the means, methods, techniques, sequences and operations of fabrication or construction, safety precautions, and programs incidental thereto. GM69(1/6/94) 7 ARTICLE 15: TERMINATION POWER may, on twenty (20) days written notice to CITY, terminate this Agreement before the completion date hereof when for a period of forty-five (45) days a payment is due and CITY fails to make such payment. CITY may, on twenty (20) days written notice to POWER terminate this Agreement before the completion date hereof, when POWER defaults in performance of any provision hereof. ARTICLE 16: MEDIATION All claims, disputes or controversies arising out of, or in relation to the interpretation, application of enforcement of this Agreement, which cannot be first settled through direct discussions, shall be submitted to mediation under the Commercial Mediation Rules of the American Arbitration Association. CITY and POWER agree to share the costs for such mediation services on an equal basis. Nothing contained in this paragraph shall preclude the parties to this Agreement from pursuing other means of dispute resolution either concurrently or subsequent to the mediation process. In the event any dispute is resolved by court order, then the prevailing party shall be entitled to its attorney's fees and all related costs, as ordered by the court, including costs and attorney's fees incurred on appeal. ARTICLE 17: SPECIAL PROVISIONS The attached exhibit (A) is herewith incorporated into and made a part of this Agreement. ARTICLE 18: CONTROLLING LAW This Agreement and all rights, obligations, liabilities, and responsibilities of the parties hereto shall be governed by, construed, and enforced in accordance with all current applicable local, state, and federal laws and regulations pertaining to the work under this Agreement. IN WITNESS WHEREOF; the parties have executed this agreement as of the dates indicated below: POWER Engineers, Inc. City of Redding y John McGrew, Project Manager By 15"— Date Date Attesi Attest GM69(1/6/94) 8 PROPOSAL TO PROVIDE ENGINEERING CONSULTING SERVICES FOR: CITY OF REDDING, CALIFORNIA 1 1 SOUTH AIRPORT 11 5/12kV TRANSMISSION LINE APRIL 12, 1994 ..... .. :......... ........... FOR INFORMATION REGARDING ...................._....__......_..........___._:............................... THIS DOCUMENT CONTACT* .......;................. °JOHN McGREW 0 FRANK ROWLAND 3940 GL ENBROOK DR. P. 0. BOX 1066 HAILEY, IDAHO 83333 PHONE.'(208)788-3456 � FAX:(208)788-2082 ENG/NEERS PROPOSAL NO. BD 1-33-086 COPY NO.: ISSUED T0: