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HomeMy WebLinkAboutReso 91-375 - Approve & Authorize the mayor to sign prof serv agreement No. WW-1400-AA1-AZ between COR & R.W. Beck and Associates to perform Env & Eng studies for Quartz Hill/Keswick 115/12kv transmission loop project RESOLUTION NO. �� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT NO. WW-1400-AAl-AZ BETWEEN THE CITY OF REDDING AND R. W. BECK AND ASSOCIATES TO PERFORM ENVIRONMENTAL AND ENGINEERING STUDIES FOR THE QUARTZ HILL/KESWICK 115/12KV TRANSMISSION LOOP PROJECT, IN THE AMOUNT OF $162,300.00. 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 Quartz Hill/Keswick 115/12kV Transmission .Line Project; and WHEREAS, the Quartz Hill/Keswick 115/12kV Transmission Line is necessary to continue to provide reliable electric service in the north/northwest Redding Area; and WHEREAS, on June 18, 1991, City Council authorized the Electric Department to issue a Request for Proposals to six multi-disciplined (because of the severe nature of the terrain and the need to identify economically buildable and environmentally acceptable routes) engineering firms; and WHEREAS, for the reasons set forth on page two of the accompanying 'Report to City Council, the Electric Department has recommended awarding the contract to the low bidder, R. W. Beck and Associates; and WHEREAS, this Project is included in the capital improvement program for the 199i/92 budget; and funds for this Project are included in the 1989 Electric System Project Financing Program; and WHEREAS, presented herewith for Council' s consideration is the proposed Professional Services Agreement between the City and R. W. Beck and Associates; e G3 LA 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 a Professional Services Agreement with R. W. Beck and Associates to perform environmental and engineering studies for the Quartz Hill/Keswick 115/12kV Transmission Loop Project will benefit City Electric Utility customers. 3 . City Council hereby approves Professional Services Agreement No. WW-1400-AAl-AZ between the City of Redding and R. W. Beck and Associates in the amount of $162,300 .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 3rd day of September , 1991 , and was duly adopted at said meeting by the following vote: YES: COUNCIL MEMBERS: Arness, Buffum, Fulton, Noss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None r MIKE DAHL, Mayor City of Redding A T• O PROVED- L A. NI HOLS, City Clerk RAIDALL A. HAYS, C' y Attorney 2 R W B-207Q W. BECK AND ASSOCIATES Engineers and Consultants PROFESSIONAL SERVICES AGREEMENT Date August 26, 1991 P. S. A. No. WW-1400-AA1-A7 CLIENT Electric Department ADDRESS City of Redding 760 Parkview Avenue RPddina CA q6n PROJECT Quartz Hill/Keswick Transmission Loop Part I—Scope of Services Perform environmental and engineering studies for the Quartz Hill/Keswick Transmission Loop Project as defined in the following documents: 1. City of Redding' s request for proposal to conduct professional consulting services for the City's Quartz Hill/Keswick 115-12-kV Transmission Loop Project dated June 19, 1991, as clarified by R. W. Beck and Associates pro- posal to conduct professional consulting services dated August 6, 1991. 2. Attached Exhibit 1, Amendment A, dated August 26, 1991. Part II—Payment See attached Exhibit 2, Part II - Payment dated August 26, 1991 Part III—Standard Provisions (see following pages) Part IV—Special Provisions §ee Amendment Approved for CLIENT Approved for CO LTING ENGINEER t By: By: Title: Title: N UM. Reid N i al Director By: By: Title: Title: Charles H. Williams Director of Transmission/Distribution Design PO Q R. W. Beck and Associates CWT III —STANDARD PROVISIONS III.A. Consulting Engineer's Organizations III D. Relating to Payment R. W. Beck and Associates is a partnership 1. The Consulting Engineer's "Salary Costs" and R. W. Beck and Associates, Inc. is a corpora- allow for basic salary and personnel benefits, tion owned and controlled by the partnership. Both including: life, accident, disability and medical entities are organized and operated under the laws insurance; sick leave, holiday and vacation pay; of the State of Washington. It is expressly agreed social security, workers' compensation, unemploy- that the partnership may be changed by addition or ment compensation and pension retirement contribu- reduction in the number of the partners or redis- tions; and similar employment-related costs. Basic tribution of the partnership interests and this salary per hour shall be twelve times current Agreement may be assigned to the partnership or to monthly salary for employees or current monthly the corporation. The Consulting Engineer may as- drawings in lieu of salary for partners, exclusive sign the compensation from this Agreementto any of overtime, bonus or other profit participation other entity. payments, divided by 2,080. 2. The Consulting Engineer's "Out-of-Pocket III.B. Professional Services Expenses" are those expenditures made by the Consulting Engineer, other than Salary Costs, costs 1. The Consulting Engineer shall be consul- of reproduction and computer services and costs of tant and advisor to the Client as an independent Special Consultants and Subcontractors, which are contractor and shall not be an employee of the Cli- directly chargeable to the project and which would ent. The Consulting Engineer shall not be an agent not otherwise have been incurred. Such expendi- or representative of the Client except that the tures include, but are not limited to, transports- Consulting Engineer may act as the Client's agent tion, lodging, subsistence, communications, in providing construction management services to liability and other insurance premiums when the degree specifically authorized in Part IV - required by the Client in addition to the types and Special Provisions of this Professional Services amounts currently carried by the Consulting Agreement. Engineer, taxes other than those levied on the profits or net income of the Consulting Engineer, 2. The Consulting Engineer represents that equipment rentals and repair, and special mailing, the services furnished under this Agreement will be forms, materials and supplies required during the in accordance with generally accepted professional progress of the work. Reimbursement for out-of- practices. Any estimate of cost of equipment, con- pocket expenses shall be an amount equal to the struction, ownership or operation furnished by the cost thereof. Consulting Engineer shall be the Consulting Engi- neer's opinion based upon its professional judgment 3. "Computer services" as used herein shall and experience. The Consulting Engineer makes no mean the use of electronic computing and informa- other representation or warranty, express or im- tion processing equipment, word processing equip- plied. ment, data communications equipment, computer software, and related facilities and services of personnel necessary to operate and maintain such III.C. Change in Scope and Delays equipment and facilities. "Reproduction services" as used herein shall mean the use of printing and 1. If the provisions for payment in this copying equipment, photographic equipment, and Agreement provide for a fixed fee or a maximum similar facilities and services of personnel to payment for services, such fee or maximum is for operate and maintain such equipment and facil- the Scope of Services described in the Agreement. ities. Charges for computer and reproduction If the Scope of Services is modified so that more services shall be at the Consulting Engineer's or less work or time is required, and such established rates therefor which are in effect at modification is accepted by the Client and the the time of such usage. Consulting Engineer, the fee or maximum and the time shall be equitably adjusted. 4. In event of the inability or failure of the Client to pay as agreed, interest commencing 2. In the event of delays in or failures of sixty days after the date of invoice shall be paid performance of the Consulting Engineer caused by by the Client to the Consulting Engineer on the circumstances beyond its control, the Consulting last day of each month on all unpaid amounts due Engineer's fee or maximum and the time allowed the Consulting Engineer at the interest rate for shall be equitably adjusted, and such delays or borrowed funds then currently available to the failures shall not constitute a default or give Consulting Engineer at the Rainier National Bank of rise to any claim against the Consulting Engineer. Seattle. III-1 �r R. W. Beck and Associates • WT III —STANDARD PROVISIONS III.E. Insurance applicable insurance required to be maintained by the Consulting Engineer under the provisions of The Consulting Engineer shall maintain in this Agreement or (b) $250,000, whichever is effect, to the extent that such insurance is avail- greater. able at reasonable cost, employer's liability, pro- fessional liability, comprehensive general liabil- 4. For amounts in excess of any proceeds of ity (bodily injury and property damage) and compre- the insurance required to be maintained by the Con- hensive automobile liability (bodily injury and sulting Engineer under the provisions of this property damage) insurance with respect to employ- Agreement, the Client shall indemnify the Consult- ees and vehicles of the Consulting Engineer ing Engineer, its partners, officers, employees and assigned to the prosecution of work under this subcontractors against all expense or liability of Agreement, with each policy having maximum limits any kind arising out of any claim for loss of life, of not less than $5,000,000, and statutory workers' bodily or personal injury, property damage or other compensation protection. Upon written request, the loss from any cause related to the furnishing of Consulting Engineer will supply to the Client a the services covered by this Agreement; provided, description of each such insurance policy currently however, this indemnity shall not apply to the sole in effect, specifying the amount thereof. The Con- negligence of the Consulting Engineer. sulting Engineer will obtain and thereafter main- tain in effect, if reasonably available, such addi- 5. The Client and the Consulting Engineer tional insurance as may be requested by the Client, shall not be liable to each other in any event for the cost of which shall be reimbursed by the Client. interest (except as otherwise provided); loss of anticipated revenues, earnings or profits; in- creased expense of operations; loss by reason of III.F. Liability shutdown or non-operation due to late completion or otherwise; and consequential damages. In partial but specific consideration of the execution of this Agreement, the Client and 6. In any and all claims involving an Consulting Engineer agree as follows: employee of the Consulting Engineer or the Client, the indemnification obligation under this paragraph 1. The Consulting Engineer shall indemnify entitled "Liability" shall not be limited in any and hold harmless the Client and its governing way by any limitation on the amount or type of board, officers and employees from all claims, damages, compensation or benefits payable under expenses and liability, following operation of workers' or workmen's compensation acts, disability applicable rights of contribution, arising out of benefit acts or other employee benefit acts. negligent acts, errors or omissions of the Consulting Engineer and its employees, including claims made by employees of the Consulting III.G. Suspension or Termination of Services Engineer; provided, however, such indemnification and hold harmless shall not exceed (a) the proceeds The Client or the Consulting Engineer may of any applicable insurance required to be suspend or terminate any or all services covered in maintained by the Consulting Engineer under the this Agreement at any time upon written notice in provisions of this Agreement or (b) $250,000, which event the Client shall pay the Consulting whichever is greater. Engineer upon submission of invoices for all services rendered and expenses incurred to the 2. The Client shall indemnify and hold harm- effective date of such suspension or termination. less the Consulting Engineer, its partners, offi- cers, employees and subcontractors from all claims, expenses and liability, following operation of III.H. Construction Contractor's applicable rights of contribution, arising out of Performance and Safety negligent acts, errors or omissions of the Client and its employees, including claims made by The Consulting Engineer shall not be employees of the Client and claims related to responsible: for safety on the Client's premises construction, use, occupancy, ownership, operation, or project site, except for the safety of personnel maintenance or control of facilities related to of the Consulting Engineer, its Special Consultants services to be performed under this Agreement. and Subcontractors; for providing or assuring a safe place for the performance of the construction 3. The Client shall limit any and all claims contractor's work; for safety precautions, programs of the Client against the Consulting Engineer, its or equipment; for construction means, methods, partners, officers, employees or subcontractors techniques, sequences or procedures; or for the arising out of the performance of this Agreement, construction contractor's failure to perform the to an amount not to exceed (a) the proceeds of any work in accordance with the Contract Documents. III-2 Q • R. W. Beck and Associates PART III —STANDARD PROVISIONS III.I. Disposition of Documents with applicable laws, such part shall be inopera- tive, null and void insofar as it is in conflict 1. Upon completion of the services provided with said laws, but the remainder shall be given under this Agreement, the Consulting Engineer shall full force and effect. deliver to the Client one copy of all Reports, Specifications and Contract Documents and one transparency of each of the Drawings. The orig- 2. The descriptive headings used in this inals of all Reports, Specifications, Drawings and Agreement have been inserted for convenience of Contract Documents shall be retained by the Con- reference only and shall in no way modify or sulting Engineer and upon request by the Client, restrict any of the terms and provisions of this the Consulting Engineer will furnish copies to the Agreement. Client at actual cost of duplication and mailing. If such Reports, Specifications, Drawings or Con- tract Documents or reproductions thereof, or any III.L. Notice other items relating to the services of the Con- sulting Engineer are changed in any way or used by All notices relating to this Agr-emen. the Client for any other project or purposes, the shall be in written form delivered in persoi or by Client shall indemnify, defend and hold harmless Express Mail, Registered or Certified United "tates the Consulting Engineer from all loss, damage, lia- Mail, postage prepaid, to the Consulting Lngi:.eer bility or expense arising out of such change or use. or to the Client to the attention of its chief executive officer at the last business address of 2. Except as specifically provided to the the principal office of the addressee kr rhe contrary in this Agreement, all computer programs, sender. computer code and documents related thereto ("computer software") developed by or used by the Consulting Engineer in conjunction with the Con- sulting Engineer's work hereunder shall remain the - END. OF PART III - sole and exclusive property of the Consulting Engi- neer, and the Client shall have no right or title to or interest in such computer software. In the event the Consulting Engineer releases any such computer software to the Client, the Client shall protect the confidentiality of such computer soft- ware and shall not release or divulge such computer software to any other person or organization or let any other persons or organization use such computer software. In the event Client uses any such com- puter software or allows such computer software to be used by others, the Client shall indemnify and hold harmless the Consulting Engineer from all loss, damage, liability or expense arising out of such use. III.J. Equal Opportunity The Consulting Engineer will not knowingly discriminate against any employee or applicant for employment because of age, race, color, religion, sex, national origin, marital or veteran status or physical handicap. The Consulting Engineer will take affirmative action to the end that applicants are employed, and that employees are treated during . employment, without such discrimination. III.K. Severability and Headings 1. If any part of this Agreement, including, but not limited to, any provision, paragraph, clause, phrase or words, is found to be in conflict III-3 EXHIBIT 1 August 26, 1991 R. W. Beck and Associates PSA No. WW-1400-AAI-AZ AMENDMENT A A. Project Delays Delete Paragraph III.C.2. and substitute the following: 2. In the event of delays in or failures of performance of the Consulting Engineer caused by circumstances beyond its control, the Consulting Engineer's fee or contract maximum and the time allowed shall be equitably adjusted, and such delays or failures shall not constitute a default or give rise to any claim against the Consulting Engineer. Change Amendment A, as follows: B. Insurance Delete Paragraph III.E., Insurance, and substitute the following: 1. The Consulting Engineer shall, at all times during the term of this contract, maintain in full force and effect the following insurance: Commercial General Liability insurance for bodily insurance (including death), personal injury, and property damage which provides limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate limit; Commercial Automobile Liability insurance for bodily injury (including death) and property damage which provides limits of not less than $1,000,000 per occurrence; Statutory Workers' Compensation and Employer's Liability insurance with limits of not less than $1,000,000; Professional Liability insurance in an amount not less than $250,000. Furthermore, the Consulting Engineer shall furnish the Client a certificate of liability insurance in which the Client, its officers, and employees are named as additional insureds on the general liability and automobile liability insurance and shall cover liability arising from the Consulting Engineer's performance of work or tasks associated with the contract. 2. 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 mail, giving a sufficient time before the time thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. 3. Before execution of the contract by the Client, the Consulting Engineer shall file with the Client the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accor- dance with such provisions before commencing the performance of the work or tasks associated with the contract." Amendment A 0 -2- August 26, 1991 4. The Consulting Engineer 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 execution of the contract. The Client, its officers, agents or employees will not be responsible for any claims in law or equity occasioned by failure of the Consulting Engineer to comply with this paragraph. 5. All compensation 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 not less than 30 days before expiration or cancellation is effective. C. Liability Delete Paragraphs III.F.I, III.F.2, III.F.3., and III.F.4 and substitute the following: 1. The Consulting Engineer shall save, keep and hold harmless the Client, its officers, agents and employees from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work or tasks associated with the contract, which may be caused by any willful or negligent act or omission by the Consulting Engineer, any of the Consulting Engineer's employees or any subcontrac- tor. 2. The Consulting Engineer shall defend, indemnify and hold harmless the Client, its officers, and employees from and against any and all liens, judgements and claims of any kind or character to the extent arising out of, in connection with, or resulting from the Engineer's work under this contract, including, but not limited to, any damages or claim of damages, to property or personality, or for personal injuries to or death of persons. Engineer covenants and agrees to defend any suit or to pay any judgement against the Client resulting from any suit for which Engineer has agreed to indemnify the Client pursuant to this paragraph; provided, however, that the Client shall nevertheless have the right, if it is elects and notifies Engineer to participate at the Client's expense in the defense of any such suit or suits in which it may be a party, without relieving the Engineer of the obligation to defend the same. This paragraph shall not require the Engineer to assume any responsibility for the acts, errors, or omissions of the Client, its officers, agents, or employees or any third party not employed or engaged by the Engineer. D. Suspension or Termination of Services 1. Delete Paragraph III.G and substitute the following: III.G. Suspension or Termination of Services The Client may suspend or terminate any or all services covered in this Agreement at any time upon written notice in which event the Client shall pay the Consulting Engineer upon submission of invoices for all services rendered and expenses incurred to the effective date of such suspension or termination. Amendment A -3- • August 26, 1991 Consulting Engineer shall have the right to terminate without any payment obligation to Client for reprocurement costs in the event of a conflict of interest or other ethical obligation requiring termination or suspension, the inability of Consulting Engineer to perform its services in accordance with generally accepted professional practices due to the actions of the Client, or the failure of the Client to pay all undisputed invoiced amounts within 60 days after receipt of invoice. NMR.014 EXHIBIT 2 August 26, 1991 R. W. Beck and Associates P.S.A. No. WW-1400-AAl-AZ PART II -- PAYMENT For services furnished, the client shall pay R. W. Beck and Associates, a partnership, upon submission of monthly invoices, an amount equal to the actual hours of services furnished multiplied by the product of actual labor cost times 2.5883 and at cost for all out-of-pocket expenses directly chargeable to the work and at the current rates for computer use and reproduction services. The fixed fee will be prorated and paid monthly in the same proportion of its total amount as the costs documented in each monthly invoice are to the total estimated cost of authorized project work, minus the total fixed fee. Any portion of the fixed fee not previously paid in the monthly payments shall be covered in the final payment. Compensation for the services furnished shall be as outlined in R. W. Beck and Associates proposal dated August 6, 1991. The total "not-to-exceed" compensation shall be $162,300 including the $11,439 fixed fee. The fixed fee will not vary because of any differences between the estimated costs and actual cost of performing work required by this Agreement, unless the terms of this Agreement are modified by supplemental agreement to expand the scope of work and increase such payment. NMR.014