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HomeMy WebLinkAboutReso. 1988-062 - Approving the engineering agreement between the city of redding and power engineers, inc. 411 RESOLUTION NO. "3-4 ,1 2, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE ENGINEERING AGREEMENT BETWEEN THE CITY OF REDDING AND POWER ENGINEERS , INC. FOR THE PROPERTY ACQUISITION AND DESIGN OF THE WEST LOOP 115/12KV LINE, AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY DOCUMENTATION. BE IT RESOLVED by the City Council of the City of Redding as follows : 1 . That the City Council of the City of Redding hereby approves the Engineering Agreement between the City of Redding and Power Engineers , Inc. for the property acquisition and design of the West Loop 115/12 kV Line, a true copy of which is attached hereto. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement and all necessary documentation in connection therewith 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 on the aforesaid documents , when appropriate. 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 16th day of February, 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter , Fulton , Gard , Johannessen , & Dahl NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None 007,41._ MIKE r = L, Mayor City of Redding ATTEST: FORM PPROVED: 0, ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, City Attorney • 1 POWER ENGINEERS, INC. ENGINEERING AGREEMENT THIS AGREEMENT: Made this day of , Nineteen Hundred Eighty-eight, by and between: POWER Engineers, Inc. P.O. Box 1066 Hailey, Idaho 83333 (hereinafter called "POWER"), and 1 City of Redding 760 Parkview Avenue Redding, California 96001 (hereinafter called "City"). Scope of Services (hereinafter described as the "Work"): POWER agrees to furnish qualified personnel to provide engineering services as defined in this proposal and as mutually agreed upon between City of Redding and POWER Engineers, Inc. WITNESSETH: ARTICLE 1 : The RFP dated December 18, 1987, and entitled, "Request for Proposal to Conduct Professional Consulting Service on the West Loop 115/12 kV Transmission Line for the City of Redding", and the proposal submitted, dated January 22, 1988, are incorporated in and made a part of this contract. The work to be conducted, as approved by this Agreement, shall be limited in scope to that defined as outlined in the January 22, 1988 Proposal. The amount payable to POWER shall not exceed $361,194.00. ARTICLE 2: INTENT. The City desires to complete the Work in an economical manner consistent with the Scope of Services. POWER, agrees to use its best effort in furnishing skill and judgment in the scheduling and execution of the Work consistent with the interests of the City and in accordance with its request and approvals. ARTICLE 3: INVOICING AND PAYMENT. The City agrees to pay POWER for the services rendered in accordance with the POWER Engineering Cost Schedule attached. The following procedures will be used in making reimbursement under this Agreement: (a) Every thirty (30) days during the progress of the Work, POWER shall furnish a statement of all cost incurred by POWER for the preceding 30 day period. Ill 1 S (b)The City will pay the amount of the statement within thirty (30) days after the City's representative has received the statement. (c) POWER will maintain accurate accounting records of all reimbursable expenses paid or incurred by POWER in connection with the Work and shall permit the City to have access at all reasonable times to all records, account books, vouchers, invoices, and payrolls relating to direct costs of the Work. In case the City desires to make an audit of POWER's records, it shall be completed within thirty (30) days after final billing is presented to the City at the City's expense. ARTICLE 4: COMPLIANCE WITH LAWS. POWER agrees to comply with all applicable local, state, and federal laws and regulations pertaining to the Work under this Agreement. ARTICLE 5: INDEPENDENT CONSULTANT. The relationship of POWER to the City shall be that of independent design consultant. ARTICLE 6: TERMINATION. POWER agrees that the City may stop the Work at any time and terminate POWER employment. If the City elects to terminate the Agreement, POWER shall be paid for services rendered and for all expenditures made, obligations incurred, and expenses resulting from termination plus applicable markups which are payable under the terms of this Agreement. The City agrees that POWER may terminate this Agreement in the event of nonpayment of cost and fees, as specified herein, if payment is not received II within forty-five (45) days after being due. ARTICLE 7: 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 He shall be available as necessary for reviewing and approving the Work,k, and for recommending approval of invoices and other records of POWER. POWER designates John McGrew, whose address for notices an communications is: POWER Engineers, Inc. P.O. Box 1066 Hailey, Idaho 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 8: DRAWINGS, SPECIFICATIONS,AND STUDIES. POWER shall maintain a record set of reproductions of all drawings, specifications, and studies during the term of this Agreement. Unless directed by 2 • the City in writing to do otherwise, POWER may retain one record set of all drawings, specifications, or studies at the conclusion of the Work. ARTICLE 9: CONFIDENTIALITY. POWER will, for the duration of this Agreement, retain in confidence all technical information designated in writing as "CONFIDENTIAL" and disclosed by the City to POWER, except: (a) The City's technical information previously known to POWER; (b) The City's technical information which becomes known to POWER through legal means; (c) The City's technical information which is public knowledge or subsequently becomes public knowledge; (d) Any technical information developed by POWER for the City unless designated "CONFIDENTIAL" by the City; (e) Neither party shall be liable for the inadvertent or accidental disclosure of such technical information, if such disclosure occurs, despite the exercise of the same degree of care as such party normally takes to preserve and safeguard its own confidential information. ARTICLE 10: INSURANCE. POWER shall furnish the Citypolicy a p y or certificate of comprehensive general liability insurance in which the City is the 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 an 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: 1) Five hundred thousand dollars ($500,000) for death or injury of any one person in any one occurrence. 2) Five hundred thousand dollars ($500,000) for death or injury to two or more persons in any one occurrence. 3) Five hundred thousand dollars ($500,000) for damage to property. The Certificate of Insurance will list as additional insured the City, its officers, agents and employees. 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. Before execution of the contract by the City, POWER shall file with the City the following signed certification: 3 • II •• am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' 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 than 30 days before expiration or cancellation is effective. ARTICLE 11: PROFESSIONAL LIABILITY INSURANCE POWER will maintain professional liability insurance with a minimum limit of $1,000,000 per occurence and in aggregate. POWER shall save, keep, and hold harmless the City, its officers, agents, and employees from damages, costs, or expenses in law that may 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 POWER, any of POWER's employees, or any subcontractor. ARTICLE 12: 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. This paragraph shall not require POWER to assume any responsibility for the acts, errors, or omissions of the City, its officers, agents or employees. APPROVED: APPROVED: POW ENGINEERS, INC. / ) CITY OF REDDING Sigrat re Signature _ ./ c t� Name Name 0 Dcet,� '1 Title Title 4