HomeMy WebLinkAboutReso 92-409 - Approve & Authorize the mayor to sign the agreement for professional services between COR & Power Engineers, Inc to prepare Engineerning routing studies & an EIR to develop the South Airport 115/12kv Transmission Line Project RESOLUTION NO. Z-- /
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF
REDDING AND POWER ENGINEERS, INC. IN THE AMOUNT OF
$168,580 TO PREPARE ENGINEERING ROUTING STUDIES AND AN
ENVIRONMENTAL IMPACT REPORT TO DEVELOP THE SOUTH
AIRPORT 115/12kV TRANSMISSION LINE PROJECT.
WHEREAS, at this time it is necessary to begin 115/12kV
transmission line routing studies, a substation site selection
study, and environmental impact studies for the South Airport
115/12kV Transmission Line Project; and
WHEREAS, the South Airport 115/12kV Transmission Line is
necessary to continue providing reliable electric service in the
southeast Redding area; and
WHEREAS, on June 16 , 1992, City Council authorized the
Electric Department to issue a Request for Proposals to five
multi-disciplined engineering firms (because of the complexity of
the project and in consideration of the need to identify
economically buildable and environmentally acceptable routes) ;
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 1992/93 budget; and funds for this Project are
included in the 1989 Electric System Project Financing Program;
and
WHEREAS, presented herewith for Council' s consideration isj
the proposed Agreement for Professional Services between the City
and Power Engineers, Inc;
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NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1. The foregoing recitals are true and correct.
2. Council believes entering into an Agreement for
Professional Services with Power Engineers, Inc. to prepare
engineering routing studies and an environmental impact report to
develop the South Airport 115/12kV Transmission Line Project will
benefit City Electric Utility customers.
3 . City Council hereby approves the Agreement for
Professional Services [GM69 09/22/92 BDI-33-0353 between the City
of Redding and Power Engineers, Inc. in the amount of
$168, 580 . 00, a true copy of which is attached hereto and
incorporated herein by reference.
4. 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 6th day of October 1992, and was
duly adopted at said meeting by the following vote:
YES: COUNCIL MEMBERS: Anderson, Arness, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None c
CHARLIE MOSS, Mayor
City of Redding
A ST: FO PROVED:
CONNIE STROHMAYER, CVCy Clerk RA16ALL A. HAYS, City Attorney
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AGREEMENT FOR PROFESSIONAL SERVICES
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POWER ENGINEERS INC. AND MY OF REDDING
SOUTH AIRPORT 115/12KV TRANSMISSION LINE PROJECT
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TABLE OF CONTENTS
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ARTICLE PAGE
' 1 Effective Date 3
2 Services to be Performed by Engineer 3
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3 Notices 3
4 Compensation 4
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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
I 14 Document Review 7
15 Changed Conditions 7
16 Termination 8
17 Mediation 8
18 Special Provisions 8
19 Controlling Law 8
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GM69 09/22/92 BD1-33-035 City of Redding 2
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This Agreement for Professional Engineering Services, is entered into this day of ,
19 , by and between POWER Engineers, Inc., hereinafter(POWER); and The City of Redding, hereinafter
(CITY);
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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 Professional Environmental Consulting Services for The City of Redding's South
Airport 115-12kV Transmission Line Project dated September 19, 1992.
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
Professional Environmental Consulting Services for The City of Redding's South Airport 115-12kV Transmission
Line Project dated September 19, 1992, hereinafter ("Proposal") which is attached hereto as Exhibit A and
incorporated herein by this reference.
ARTICLE 3: NOTICES
The City designates Bruce Russell, as the City's contact for notices and communications and whose address is:
City of Redding
i Electric Department
760 Parkview Avenue
Redding, CA 96001
He shall be available as necessary for 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.
GM69 09/22/92 BD1-33-035 City of Redding 3
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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, CITY 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 in scope to that defined as outlined in the September 19, 1992 Proposal. The amount payable to
POWER shall not exceed $168,580.00.
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.
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.
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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, 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, agents or employees.
Furthermore, the CITY agrees to indemnify and hold harmless POWER, its officers, employees, and agents
1 against injury, loss or damage arising out of negligent acts, errors, or omissions by anyone directly or indirectly
employed by the CITY or anyone for whose acts any of them be liable.
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 POWER's pro rata share of liability or POWER's compensation on this project, WHICHEVER IS LESS.
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 the CITY to third parties 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
All documents, including drawings, specifications, and computer disks and/or software, prepared by POWER to
carry out the purpose of this Agreement are instruments of POWER's service for use solely with respect to this
project. Any reuse without written consent or adaptation by POWER for the specific purpose intended shall be at
i CITY's sole risk and without liability to POWER, and CITY shall indemnify and defend POWER by counsel
selected by or acceptable to POWER, against all claims, damages, consequential damages, losses, and expenses
including attorney's fees arising out of or resulting from such unauthorized reuse.
Submission or distribution of documents to meet official regulatory requirements or for similar purposes in
connection with the project is not to be construed as publication in derogation of POWER's reserved rights.
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ARTICLE 11: DRAWINGS, PLANS,DATA SUPPLIED BY OTHERS
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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
i 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.
I' ARTICLE 12: INSURANCE
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POWER shall furnish the CITY a policy or certificate of comprehensive general liability insurance in which 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
it 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, against claims for bodily injury or property damage arising out of or in conjunction with the work or
tasks associated with the contract.
POWER will provide a Certificate of Insurance of the following minimum amounts:
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(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.
(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.
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;j (3) Statutory WorkersCompensation 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 City, its officers,
agents, employees and volunteers.
(4) Professional Liability insurance with limits of not less than$500,000 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
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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
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volunteers.
c. POWER's insurance shall apply separately to each insured against who claim is made or suit is
ii brought except with respect to the limits of the insurer's liability.
GM69 09/22/92 BD1-33-035 City of Redding 6
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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 than 30 days before expiration or cancellation is effective.
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Before execution of the contract by the CITY, POWER shall file with the CITY 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
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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 than 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 both parties including but not limited to fires, floods, epidemics,
abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing
other work.
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.
ARTICLE 15: CHANGED CONDITIONS
In the event that occurrences or discoveries that were not originally contemplated by or known to POWER
require, in POWER's judgment, contract renegotiation, POWER shall identify the changed conditions which in
POWER's judgment make such renegotiation necessary, and POWER and CITY shall promptly and in good faith
enter into renegotiation of this Agreement to help permit POWER to continue to meet both parties needs. If
renegotiated terms cannot be agreed to, CITY agrees that POWER has an absolute right to terminate this
Agreement.
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ARTICLE 16: TERMINATION
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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 17: MEDIATION
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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 18: SPECIAL PROVISIONS
The attached Exhibit A is herewith incorporated into and made a part of this Agreement.
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ARTICLE 19: 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)
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SIGNATURE SIGNATURE
John McGrew Charlie Moss
NAME NAME
Project Manager Mayor
TITLE TITLE
GM69 09/22/92 BD1-33-035 City of Redding 8
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POWER ENGINEER INC. >�.
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PROPOSAL NO.
BD1-33-035
'I PROPOSAL TO PROVIDE COPY NO.
PROFESSIONAL ENVIRONMENTAL ISSUED TO:
'L CONSULTING SERVICES
FOR
CITY OF REDDING
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SOUTH AIRPORT
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115- 12KV TRANSMISSION
LINE PROJECT
FOR INFORMATION
1 REGARDING THIS
r SEPTEMBER 19, 1992 DOCUMENT CONTACT:
h' * JOHN MCGREW
• FRANK ROWLAND
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1�ANNNS