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HomeMy WebLinkAboutReso. 1987-020 - Approving the professional services agreement between the city of redding and r.w beck and associates to perform an engineering feasibility �. _ ._. i ' , . • ' RESOLUTION NO. '',,� Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF REDDING AND R. W. BECK AND ASSOCIATES TO PERFORM AN ErdGINEERING FEASIBILITY STUDY, A ROUTING STUDY, AND AN ENVIRONMENTAL IMPACT REPORT FOR THE 115 KV WEST LOOP ' TRANSMISSION LINE, AND AUTHORIZING THE MAYOR TO SIGN SAME. 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 attached Professional Services Agreement, not to exceed the sum of $65 , 046. 00 , including the $1 ,500 . 00 fixed fee, i ' between the City of Redding and R. W. Beck and Associates, of � i which the following documents are incorporated into and made a i , part of said Agreement: (a) City of Redding' s request for proposal to conduct professional consulting services on a 115 , 000 volt west loop transmission line, dated November 20, 1986; (b) R. W. Beck and Associates proposal to conduct professional consulting services on a 115 , 000 volt west loop transmission line project, dated January 8 , 1987; and (c) Exhibit 1 , Amendment A, dated January 14 , 1987, attached to said Professional Services Agreement. 2. That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents 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 � � � N � . • • the official seal of the City of_ Redding on the aforesaid documents, when appropriate. 3. That a true copy of the above-mentioned Agreement is attached hereto and made a part hereof by reference. 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 2nd day of February , 1987, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen & Fulton NOES: COUNCIL MEMBERS; None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ��' r� , , LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: C;�C�7� .�f i���i-�D . ETHEL A. NICHOLS , City Clerk FORM PROVED: RAN ALL A. HAYS, Ci y Attorney -2- ! � " �ws-2o7Q ; •� � R W. BECK AND ASSOCIATES S • Engineers and Consultants . - � PROFESSIONAL SERVICES AGREEMENT � i Date January 14, 1987 P. S. A. No. EE-1400-ET1-AA CLIENT El ectri c Department City of Redding ' ADDRESS 760 Parkview Avenue � � � Redding. CA 96001 PROJECT West Loop Transmission Line Part I—Scope of Services Perform an engineering feasibility study, a routing study and an environ- � mental impact report (EIR) for the proposed 115kV transmission line and substations as defined in the following documents: 1) City of Redding's request for proposal to conduct professional consult- ing service on a 115,000 volt west loop transmission line, dated ' - November 20, 1986. 2) R. W. Beck and Associates proposal to conduct professional consulting ; services on a 115,000 volt west loop transmission line project, dated , January 8, 1987. � � 3) Attached Exhibit 1, Amendment A, dated January 14, 1987. � The above documents are incorporated i:n and made a part of this contract: Coordination of the project wlll be with the City of Redding, Electri,c Department, Engineering hlanager. Part II—Paymcnt See attached Exhibit 2, PART II -- PAYMENT Part III—Standard Provisions (sec foll���vin�; pa�cs) Purt IV—Speci.il Provisions ( See EXhi bi t 1 ) Appr�n•ed for CI,If:N"1' Approved for CONSULTING ENGINEER tiy,: By. ����dCrt�_ 'I;���: -�-111e: Dean K. Scott Asso�iate and Executive Engineer t3v: Bv: ���� ����'� 'I'itl��: TiUe: p. M. Collet, Manager Electrical Services Office and Registered Professional Engineer, i�c� State of California , . , . e, � � ' R. W. Beck and Associates PART 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 [he 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. I[ is expressly agreed social security, workera� 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 coats. Basic tribution of [he partnership interesis and this salary per hour shall be twelve [imes current Agreement may be assigned [o the partnership or to monthly salary for employees or current monthly the corporation. The Consulting Engineer may as- drawings in lieu of salazy for partaers, exclusive sign [he compensation from this Agreement to 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 Consul[ing 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 shail 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, transporta- 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 - reGuired by the Client in addi[ion 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 [he work. Reimbursement for ou[-of- � practices. Any estimate of cost of equipment, con- pocket expenses shall be an amount equal to the ; s[ruction, ownership or operation furnished by the cost thereof. Consulting Engineer shali be the Consulting Engi- ' neer's opinion based upon its professional judgment 3. "Computer services" as used herein ahall and experience. The Consulting Engineer makes no mean the use of electronic computing and informa- o[her representatioo 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 sezvicea, 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 [he time ahall 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 tbe Client to the Consulting Engineer on the circumstancea beyond its control, the Consultin� last day of each mon[h on all unpaid amoun[s due Enqineer's fee or maximum and the time allowed the Consul[inQ Enqineer at the interest rate for shall be equitably adjus[ed, and such delays or borrowed funds [hen currently availahle to the failures shall not constitute a default or give Consulting Engineer at [he Rainier National Bank of rise [o any claim aqainst the Consulting Enqineer. Seattie. III-1 � � �Q � i ' ' R. W. Beck and Associates PART III-STANDARD PROVISIONS , III.E. Iasurance appiicable 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, whicbever is - effect, to the extent ihat such insurance is avaii- 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 partnera, officers, employees and assigned to the prosecution of work under this subcontractors agains[ all expense or liability of Agreement, with each policy having maximum limits any kind arising out of any claim for loss of life, of no[ less than $5,000,000, and statutory workers' bodily or personal injury, property damage or other compensation protection. Upon written request, the loas 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 no[ 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 Ciient and 6. In any and all claims involving an � Consulting Engineer agree as follows: employee of the Consulting Engineer or the Client, � the indemaification obligation under this paragraph i 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 ac[s or other employee benefit ac[s. � 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 [o be auspend or terminate any or all services covered in maintained by the Consul[ing Engineer under the [his Agreement at any [ime upon vritten notice in provisions of this Agreement or �b) $250,000, vhich event the Client shall pay the Consulting whichever is greater. Engineer upon submission of invoices for all services rendered and expensea incurred to the 2. The Client shall indemnify and hold harm- effective date of such suapension or termination. lesa the Consulting Engineer, its partners, offi- cers, employees and subcontractors from all claims, expenses and liability, following operatioa of III.H. Construction Contractor's applicable rights of contribution, arising ou[ of Performance and Safety negligent ac[s, errors or omissions of the Client and i[s employees, includinR claims made by The Consulting Engineer shall not be employees of [he Client and claims related to responsible: for safety oo the Client's premises construction, use, occupancy, ownership, operation, or project site, except for the safety of personnel maintenance or control of facilities related [o of the Consulting Engineer, its Special Consultants aervices to be performed under this Agreement. and Subcontractors; for providing or assurinq a safe place for the performance of the construction 3. The Client shall limit any and all ciaims contractor's work; for safety precautions, proRrams of the Client against the Consulting En�ineer, its or equipment; for construction means, methods, partners, officers, employees oz subcontractors techniques, seduences or procedures; or for the arising out of the performance of this Agreement, construc[ion contractor's failure to perform the to an amount not to exceed (a) the proceeds of any work in accordance with the Contract Documents. IlI-2 t .. 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. Tt�e 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 Lhe Client, restrict any of the terms and provisions. of this the Consulting Engineer will furnish copies to [he ' Agreement. Client at actual cost of duplication and mailing. If such Reports, Specifications, Drawings or Coo- , tract Documents or reproductions thereof, or any III.L. Notice other items relating to the services of the Con- sulting Engineer are cbanged in any way or used by All notices relatin�; to this Agreement ,, the Clien[ for any other project or purposes, the shall be in written form delivered in person or by , Clien[ shall indenm ify, defend and hold harmless Express Mail, Registered or Certified United States the Consulting Engineer from all loss, damage, lia- Mail, postage prepaid, to the Consulting Engineer 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 known to the contrary in this Agreement, all computer programs, sender. • ;,.,X,.,.�<,�....:�..,::;;�t,.� . . computer code and documents related thereto •� ' • •' . ' ("computer software") developed by or used by the Consulting Engineer in conjunction with the Con- • - - . - . . � ,,. :�:��n.=s.-',.r<�• sulting Engineer's work hereunder shall remain the - END OF PART III - i sole and exclusive property of the Coasulting Engi- ,_ neer, and the Client shall have no right or title , to or interes[ in such computer software. In the event the Consul[ing Engineer releases any such I computer software to the Client, the Client shall pro[ect the confidentiality of such computer soft- , Ware and shall not release or divulge such computer software to any other person or organiza[ion or let any other persons or organiza[ion 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, liabili[y or expense arising out of such use. III.J. Equal Opportunity The ConsultinQ Engineer will not knowingly discriminate against any employee or applicant for employment because of age, race, color, reli�ion, sex, national origin, marital or veteran status or physical handicap. The Consultin� Engineer will take affirma[ive action to the end that applicants are employed, and that employees are [reated during employment, c+i[hout such discrimination. III.K. Severability and Headin�s 1. If any part of this Agreemen[, including, but not limi[ed to, any provision, paraRraph, clause, phrase or words, is Eound to be in conflict III-3 , , , , .... .. '. � � Exhibit I � January 14, 1987 , Revised January 27, 1987 R. W. Beck and Associates PSA No. EE-1400-ETl-AA AMENDMENT A A. Insurance Revise Paragraph III .E. , Insurance, to add the following: 1 . The Consulting Engineer shall furnish the Client a certificate of liability insurance in which the Client, its officers, employees and agents are named as an additional insured 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 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. ' 3. Before execution of the contract by the Client, the Consulting Engineeer 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 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." 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 by registered mail not less than 30 days before expiration or cancellation is effective. -1- •y. . . • � • � B. Liability Delete Paragraphs III .F.1, III .F.2 and III.F.4 and substitute the follow- � ing: _ l. 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 subcontractor. 2. Consulting Engineer shall defend, indemnify and hold harmless the i Client, its officers, employees and agents, from and against any and all liens, judgments and claims of any kind or character arising out of, in connection with or resulting from the willful misconduct or � negligent acts, errors or omissions of the Consulting Engineer, its employees or subcontractors performed under this contract, including, ' but not limited to, any damages or claim of damages, to property or ' personalty, or for personal injuries to or death of persons. ' Consulting Engineer covenants and agrees to defend any suit or to pay � any judgment against the Client resulting from any suit for which Consulting Engineer has agreed to indemnify the Client pursuant to this paragraph; provided, however, that the Client shall nevertheless have the right, if it so elects and notifies Consulting 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 Consulting Engineer of the obligation to defend the same. 3. These duties to defend, indemnify and hold harmless shall not extend to any claims, expense, damage or liability arising out of, in connection with or resulting from the negligent acts, errors or omissions of the Client, its officers, employees or agents. - END OF AMENDMENT A - -2- ♦ •y I ���� �.. � � � . . . , . . ��. . . ' EXHIBIT Z January 14, 1987 R. W. Beck and Associates � P.S.A. No. EE-1400-ET1-AA , � PART II -- PAYMENT For services furnished, the client shall pay R. W. Beck , and Associates, upon submission of monthly invoices, an amount equal to the actual hours of services furnished multiplied by the product of actual labor cost times 2.6124 and at cost for all out-of-pocket expenses directly charge- able 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 propor- tion 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 January 8," 1987. The total "not-to- exceed" compensation shall be �65,046, incl�uding the �1, 500 fixed fee. ; The f ixed fee wi 11 not vary because of any differences between the , estimated costs and actual costs of performi ng work requi red by thi s Agree- ment, unless the terms of this Agreement are modified by supplemental agree- � ment to expand the scope of work and increase such payment. DKS/lr (L4734E)