HomeMy WebLinkAboutReso 92-484 - Approve & Authorize mayor to sign the Professional Serv Agreement between the COR & Resource Mgmt Intl Inc for Professional Consulting Services on the Quartz Hill 115/12kV transmission Loop project RESOLUTION NO. V "
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
REDDING AND RESOURCE MANAGEMENT INTERNATIONAL, INC. FOR
PROFESSIONAL CONSULTING SERVICES ON THE . QUARTZ
HILL/KESWICK 115/12kV TRANSMISSION LOOP PROJECT.
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IT IS HEREBY RESOLVED that the City Council of the City of Redding
hereby approves entering into the attached Professional Services Agreement in
the amount of $456,000 between the City of Redding and Resource Management
International, Inc. for the acquisition of easements and property, surveying,
agency permitting, and design of the Quartz Hill/Keswick 115/12kV Transmission
Loop Project.
IT IS FURTHER RESOLVED that the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement on behalf of the City of
Redding; and the City Clerk is hereby authorized and directed to attest the
signature of the Mayor and to impress the official seal of the City of Redding
thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read
at a regular meeting of the City Council of the City of Redding on the 15th
day of December, 1992, and was duly adopted at said meeting by the following
vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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CHARLIE MOSS, Mayor
City of Redding N
AMS FORM APPROVED:
CONNIE STR HMAYER, Cy erk RANDALL A. HAYS, City Attorney
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this day of December, 1992, by and between
'j Resource Management International, Inc. ("RMI"),a California corporation,and the City
of Redding, California ("CLIENT"), for professional and related services to be provided
to CLIENT.
I
SCOPE OF SERVICES
RMI shall provide to CLIENT the services set forth in Exhibit A, "Scope of Services,"
attached hereto.
I II
FEES FOR SERVICES
For services provided by RMI to CLIENT pursuant to this Agreement, CLIENT shall
pay RMI in accordance with the rates and charges set forth in Exhibit B, "Fees for
Services," attached hereto.
III
BILLING AND PAYMENT
RMI shall submit a monthly statement to CLIENT setting forth the amount due for
services. Progress payments shall be based on the actual work completed. CLIENT
shall pay the full amount of such statement within thirty (30) days after receipt. Any
sums billed, not disputed in written form setting forth specific exceptions and unpaid
after thirty (30) days from the date of receipt, shall be subject to a late payment charge
equal to the lesser of one and one-half (1-1/2) percent or the maximum rate permitted
by law, for each month or fraction thereof past due.
IV
INDEPENDENT CONTRACTOR
RMI shall provide services to CLIENT as an independent contractor,not as an employee
of CLIENT. RMI shall not have or claim any right arising from employee status.
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V
TERMINATION OF AGREEMENT
(a) Unless otherwise terminated as provided herein, this Agreement shall terminate
when (i) the services provided for herein have been fully and completely performed or
(ii) December 31, 1997, whichever occurs first.
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(b) Notwithstanding any other provision of this Agreement,either party may terminate
this Agreement by giving thirty (30) days advance written notice to the other party.
(c) Upon termination of this Agreement, RMI shall have no further obligation to
provide services to CLIENT. If the Agreement is terminated prior to completion of the
services to be provided hereunder, RMI shall render a final bill for services to CLIENT
within thirty (30) days after the date of termination, and CLIENT shall pay RMI for all
fees earned and expenses incurred prior to the date of termination in accordance with
Section III.
VI
INSURANCE
RMI shall furnish the CLIENT a policy or certificate of comprehensive General Liability
insurance and Automobile Liability insurance in which the CLIENT,its officers,agents,
employees, and volunteers are named insureds or are named as additional insureds
with RMI. Notwithstanding any inconsistent statement in the policy or any subsequent
endorsement attached thereto, the CLIENT shall be the insured or named as additional
insured covering work or tasks associated with the contract. The policy shall insure the
CLIENT, its officers, employees, agents, and volunteers while acting within the scope
of their duties on the work or tasks associated with the contract, against claims for
bodily injury or property damage arising out of or in conjunction with the work or
tasks associated with the contract.
RMI will provide a Certificate of Insurance of the following minimum amounts:
(1) General Liability insurance with bodily injury of not less than $1,000,000 for each
occurrence and not less than $1,000,000 in the aggregate, and with property damage
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the
aggregate.
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(2) Automobile Liability insurance with bodily injury limits of not less than $1,000,000
for each accident and with property damage limits of not less than $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 than one
million ($1,000,000) dollars per occurrence. Both the Workers' Compensation and
employer's liability policies shall contain the Insurer's waiver of subrogation in favor
of the CLIENT, its officers, agents, employees and volunteers.
(4) Professional Liability insurance with limits of not less than $1,000,000 annual
aggregate.
The General Liability and Automobile Liability policies will contain or be endorsed to
contain the following:
a. For any claims related to this project, RMI insurance coverage shall be
primary insurance as respects the CLIENT, its officers, officials, employees,
agents and volunteers. Any insurance or self-insurance maintained by the
CLIENT, its officers, officials, employees,agents or volunteers shall be excess of
RMI 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
CLIENT, its officers, officials, employees, agents or volunteers.
c. RMI 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 CLIENT 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 than 30 days before expiration or
cancellation is effective.
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Before execution of the contract by RMI, RMI shall file with the CLIENT the following
signed certification:
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"I am aware of the provisions of Section 3700 of the Labor Code which requires 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
ii contract."
RMI 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
CLIENT before the execution of the contract. The CLIENT, its officers, agents,
employees or volunteers will not be responsible for any claims in law or equity
occasioned by failure of RMI 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 CLIENT shall be notified by registered
mail not less than 30 days before expiration or cancellation is effective.
VII
LIABILITY
(a) RMI shall indemnify, defend, and hold harmless CLIENT, its directors, officers,
partners, agents, employees, and volunteers from and against any and all liability,
claims,demands,damages,losses,and expenses,including but not limited to attorney's
fees, for which RMI is determined to be legally liable resulting from negligent acts,
errors, or omissions by RMI, its directors, officers, agents, and employees in perfor-
mance of services required by this Agreement. Liability, claims, demands, damages,
losses,or expenses resulting from the negligent acts,errors or omissions,whether active
or passive, by CLIENT, its directors, officers, partners, agents, employees, or by others
are excluded from RMI's obligations pursuant to this paragraph.
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(b) RMI's obligations to indemnify, defend, and hold CLIENT harmless shall be ex-
pressly limited to the proceeds of its applicable insurance coverage,and shall terminate
one (1) year after termination of this Agreement.
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(c) CLIENT shall indemnify, defend, and hold harmless RMI, its directors, officers,
agents, and employees from and against any and all liability, claims, demands,
damages, losses, and expenses, including but not limited to attorney's fees, for which
CLIENT is determined to be legally liable resulting from negligent acts, errors or
omissions by CLIENT, its directors, officers, partners,agents,and employees. Liability,
claims,demands,damages, losses, or expenses resulting from the negligent acts, errors,
or omissions, whether active or passive, by RMI, its directors, officers, agents,
employees, or by others are excluded from CLIENT's obligations pursuant to this
paragraph.
(d) In the event that CLIENT changes in any way or uses in another project or for
other purposes any of the information or materials developed by RMI pursuant to this
Agreement, RMI is released from any and all liability relating to their use and CLIENT
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shall indemnify, defend, and hold harmless RMI, its directors, officers, agents, and
employees from and against any and all liability,claims,demands,damages,losses,and
expenses, including but not limited to attorneys fees, arising out of such changes or
use.
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(e) Nothing in this Agreement shall be construed to create a duty to, any standard of
care with reference to, or any liability to any person not a party to this Agreement.
(f) RMI shall not be liable to CLIENT for incidental or consequential damages.
VIII
SUCCESSORS IN INTEREST
This Agreement shall be binding on,and inure to the benefit of, each party's successors
in interest, including their heirs, legatees, assignees, and legal representatives.
IX
WAIVER
Any waiver at any time by either party of its rights with respect to a default under this
Agreement, or with respect to any other matters arising in connection with this
Agreement, shall not be deemed a waiver with respect to any subsequent default or
other matter.
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SEVERAL OBLIGATIONS
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Except where specifically stated in this Agreement to be otherwise, the duties,
obligations, and liabilities of the parties are intended to be several and not joint or
collective. Nothing contained in this Agreement shall be construed to create an
association, trust, partnership, or joint venture or impose a trust or partnership duty,
obligation, or liability on or with regard to either party. Each party shall be
individually and severally liable for its own obligations under this Agreement.
XI
AMENDMENT
All changes or modifications to this Agreement shall be in writing and signed by both
parties.
XII
GOVERNING LAW
This Agreement shall be construed and interpreted according to, and the rights of the
,i parties shall be governed by, the laws of the State of California.
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XIII
ATTORNEY'S FEES
If either party becomes involved in litigation arising out of this Agreement or the
performance thereof, the prevailing party shall be entitled to reasonable attorney's fees,
costs and expenses, in addition to any other relief to which that party may be entitled.
This provision shall be construed as applicable to the entire Agreement.
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ENTIRE AGREEMENT
This Agreement constitutes the complete and final expression of the agreement of the
parties and is intended as a complete and exclusive statement of the terms of their
agreements and supersedes all prior and contemporaneous offers, promises, represen-
tations, negotiations, discussions, communications, and agreements which may have
been made in connection with the subject matter hereof.
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XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of this Agreement and shall not cause the remainder to be invalid or
unenforceable. In such event, the parties shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as
possible to expressing the intention of the stricken provision.
XVI
NOTICES
(a) Any notice, demand, information, invoice, report, or item otherwise required,
authorized, or provided for in this Agreement, unless otherwise specified herein, shall
be deemed properly given if delivered in person or sent by United States Mail, First
Class postage prepaid:
To RMI: Resource Management International, Inc.
Attention: George Fraser
P. O. Box 15516
Sacramento, CA 95852-1516
To CLIENT: City of Redding
Electric Department
Attention: Bruce Russell
760 Parkview Avenue
Redding, California 96001-3396
(b) All notices shall be deemed effective upon receipt by the party to whom such notice
is given.
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XVII
SIGNATURE CLAUSE
The signators hereto represent that they are authorized to enter into this Agreement on
behalf of the
party for whom they sign.
CLIENT Resource Management
International, Inc.,
a California Corporation
BOx,
Signature '
Its
Charlie Moss
Mayor
Title
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EXHIBIT A
Scope of Services
The Request for Proposal dated September 18, 1992,and entitled,"Request for Proposal
to Conduct Professional Consulting Service on the Quartz Hill/Keswick 115/12-kV
Transmission Loop Project for the City of Redding" (RFP), and RMI's proposal, dated
November 10, 1992, are incorporated in and made a part of this contract.
The "Scope of Work' described in the RFP shall be the Scope of Services which shall be
provided to the CLIENT by RMI except as modified by the RMI Proposal as described
below.
Task 4. Easement Descriptions. RMI cost is based on 68 transmission line
easements and 7 access only easements for a total of 75 parcels requiring
easements.
Task 5. Right-to-Construct Documents and Status Reports. RMI's Assistant
Project Manager will hold 26 coordination meetings with designers, surveyors,
appraiser,and right-of-way agent. Monthly status reports concerning easement
progress as well as project progress will be provided:
Task 9. Archaeological Survey. RMI will identify archaeological and cultural
resources utilizing the services of Peter Jensen.
Task 16. Obtain Geotechnical Data. RMI's proposed scope of services in its
entirety will be used and not the CLIENT's Task 16.
Aid During Construction. RMI will provide up to 90 hours of construction
support as requested by CLIENT at the billing rates shown in Exhibit C. If
further support is required, RMI will supply such support at then current
bulling rates.
EXHIBIT B
Fees for Services
Professional Services described in the Scope of Services shall be invoiced monthly based on the billing rate
schedules attached, Exhibits C and D. Payments shall be based on the lesser of actual cost or the percent of
completion for each task. Percent of completion will be determined by tasks completed and partially completed
as mutually agreed upon between the CLIENT and RMI. Payments to RMI shall not exceed $456,000.
Tasks, estimated hours of labor, and cost per task are as follows. RMI reserves the right to transfer hours and
dollars between tasks.
jSubconsultant
RMI Total
Task Description Hours Cost Name Cost Cost
1 Define Specific Alignment 218 21,982 21,982
2 Preliminary Alignment, Quartz Hill Road 10 1,020 1,020
3 Plan and Profile Survey 65 7,187 Towill 21,960 29,147
4 Easement Descriptions 82 7,774 Towill 27,060 34,834
5 Right-to-Construct Documents, Status Reports 182 15,907 15,907
6 Easement Appraisals 104 10,806 Shaw 43,500 54,306
7 Easement Documents 328 26,188 26,188
8 Offers for Easements 580 56,818 56,818
9 Archaeological Survey 86 10,086 10,086
10 Design Summary Book 92 10,097 10,097
11 Preliminary Line Layout 56 6,017 6,017
12 Permit Applications and Drawings 164 21,872 Towill 4,400 26,272
13 Evaluate Roadless Pole Installation 18 1,946 1,946
14 Evaluate Use of Guyless Poles 76 7,540 7,540
15 Concept & Load Drawings -Steel Poles 18 2,012 2,012
16 Geotechnical Survey 42 4,258 Kleinfelder 15,000 19,258
17 Drawings 100 12,294 Towill 21,000 33,294
18 Contract Drawings 184 20,224 20,224
19 Cost Estimate 100 10,974 10,974
20 Stake Structure Locations 34 4,714 Towill 10,000 14,714
21 Approved-for-Construction Drawings 14 2,862 2,862
22 Mylar Prints 2 900 900
23 Equipment Catalog Cuts 20 2,334 2,334
24 Evaluate 60-kV Line for Upgrade 48 51442 5,442
25 Project Management &Monthly Schedule 268 33,018 33,018
Aid During Construction 90 9,000 9,000
Total 2,937 313,272 14,920 456,192
EXHIBIT C
Billing Rates
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RESOURCE MANAGEMENT INTERNATIONAL, INC.
1992
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Professional and support services, except for testimony, shall be billed at the following
rates:
Managing Executive Consultant $135 per hour
Principal Executive Consultant $120 per hour
Executive Consultant $115 per hour
Principal Consultant $105 per hour
Supervising Consultant $ 95 per hour
Senior Consultant $ 85 per hour
Associate Professional $ 75 per hour
Analyst $ 65 per hour
,i Research Assistant $ 50 per hour
Technician $ 43 per hour
Office Services $ 39 per hour
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The above rates shall be adjusted each year,commencing January 1, 1993, to reflect the
change in rates officially established by the RMI Board of Directors.
Testimony and court appearances shall be billed at RMI's then current "Management
Consulting Rates" with a minimum of one full day per occurrence.
Reproduction, printing, communications, computer services, and other miscellaneous
support services shall be billed at rates for such services as determined from time to
time and officially established by the RMI Board of Directors.
All travel, food, lodging, and miscellaneous expenses associated with the provision of
services hereunder, excluding automobile mileage, shall be billed at cost. Automobile
mileage shall be billed at $0.25 per mile.
Client shall reimburse RMI for any applicable sales tax imposed on services rendered
by RMI to Client.
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EXHIBIT D
Subconsultant Unit Costs
A. Route and Substation Site Survey (Towill, Inc.)
1. Centerline, Property, and Control Survey $17,000
Field work re: PIs, centerline flags, control points,
property corners, existing pole heights
2. Substation Topographic Drawing-approx. 12 acres 3,860
3. Substation Parcel Map preparation 1,100
4. Legal descriptions and exhibits for 75 line easements, 27,060
10 access road easements (including 7 changes of
ownership)
5. Ten permit drawings 4,400
6. Pole Staking for Construction (including restaking 20 10,000
percent of locations)
7. Plan and Profile drawings-17 three-panel drawings and
an index sheet 21,000
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Total 84,420
B. Appraisals (Shaw and Associates)
6,000
1. Appraisal of Substation site
2. Appraisal of 75 right-of-way parcels at $500 per parcel 37,500
Total 43,500
C. Geotechnical Survey (Kleinfelder)
1. Field exploration including 10 borings 11,500
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2. Laboratory testing on samples taken during field 1,000
exploration
3. Report preparation 2,500
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'I Total 15,000
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RESPONSE TO REQUEST FOR PROPOSAL TO CONDUCT
PROFESSIONAL CONSULTING SERVICES ON THE
QUARTZ HILL/KESWICK 115I1ZKV
TRANSMISSION LOOP PROJECT
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PREPARED FOR
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CITY OF REDDING, CALIFORNIA
PREPARED BY
RESOURCE MANAGEMENT
INTERNATIONAL, INC.
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UNPueusHED Wows Copmcur®NovEmBu 1992
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REQUEST FOR PROPOSAL
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CONDUCT PROFESSIONAL CONSULTING SERVICES
ON THE QUARTZ HILL/KESWICK 115/12KV TRANSMISSION LOOP- ?ROJECT
FOR
THE CITY OF REDDING
Address all correspondence regarding this solicitation to:
Bruce Russell
Electric Utility Engineering Manager
City of Redding
Electric Department
760 Parkview Avenue
Redding, California 96001
Phone: ( 916) 224-4360
September 18, 1992
(Date of Issue)
Proposal shall be received no later than
5: 00 p.m. , November 10, _1992
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BRR/DOC/380 . 1 -._-
September 18, 1992