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HomeMy WebLinkAboutReso. 1986 - 075 - Approving the engineering agreement between the city of redding and power angineers inc to perform services on the north 115 kv transmission line project I RESOLUTION NO. $L' 7, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE ENGINEERING AGREEMENT BETWEEN THE CITY OF REDDING AND POWER ENGINEERS, INC. TO PERFORM SERVICES ON THE NORTH 115 KV TRANSMISSION LINE PROJECT, AND AUTHORIZING THE MAYOR AND CLERK TO SIGN SAME. WHEREAS, Power Engineers, Inc. has accomplished Phase I of the North 115 kv Transmission Line Project; and WHEREAS , the City Council has certified EIR 3-85 as adequately addressing the environmental impacts of the Project; and WHEREAS, Power Engineers, Inc. has submitted proposals acceptable to the City for Phases II and III of the Project NOW, THEREFORE, the City Council of the City of Redding hereby authorizes the Mayor and Clerk to sign an Engineering Agreement with Power Engineers, Inc. to perform professional engineering services for Phases II and III of the North 115 kv Transmission Line Project, for an amount not to exceed $382, 862. 29. follows: A true copy of the Engineering Agreement Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of ill II! the City of Redding on the 7th day of April , 1986 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None r Q �` e: HOWARD D. KIRKPA RICK, Mayor City of Redding ATTEST: ' C. 72i Z- ETHEL A. NICHOLS , City Clerk FORM APPROVED:: RA DALL A. HAYS, City Attorney -2- -11111 POWER ENGINEERS, INC. ENGINEERING AGREEMENT THIS AGREEMENT: • • Made this day of , Nineteen1 Hundred and Eighty-six , by and between: POWER Engineers , Inc. P.O. Box 1066 Hailey, Idaho 83333 (hereinafter called "POWER") , and • City of Redding 760 Parkview Avenue Redding, California 96001 • (hereinafter called "Owner") . • 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 May 31 , 1985, and entitled, rRequest for • Proposal to Conduct Professional Consulting Service on a 115,000 Volt Transmission Line for the City of Redding" , and the proposal submitted , dated March 25, 1986, 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 within . Phase II and Phase III and as outlined in the March 25 , 1986 Proposal . The amount payable to POWER shall not exceed $30,862.29 for Phase II and Phase III services as described herein as : Phase II - Survey centerline, acquire easements and property as required, preliminary design. Phase III - Final design and bid documents preparation. ARTICLE 2 - INTENT. Owner desires to complete the Work in an economical manner consistant 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 Owner and in accordance with its request and approvals . ( ARTICLE 3 - INVOICING AND PAYMENT. Owner agrees to pay POWER for the services rendered in accordance with the POWER Engineering Cost Schedule attached. The following procedures will be usedrin making reimbursement under this Agreement: (a) Every thirty (30) days during the progress of the Work, POWER shall furnish a statement of all costs incurred by POWER for the preceding 30 day period. • nXP (b) Owner will pay the amount of the statement within thirty (30) days after the Owner' 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 Owner 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 Owner desires to make an audit of POWER' s records , it shall be completed within thirty (30) days after final billing is presented to Owner at the Owner' s expense. ARTICLE 4 - COMPLIANCE WLTH 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 Owner shall be that of independent design consultant. ARTICLE 6 - TERMINATION. POWER agrees that Owner may stop the Work at any time and terminate POWER employment. If Owner 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. .1s Owner agrees that POWER may terminate this - Agreement in the event of nonpayment of cost and fees as specified herein, if payment is not received within forty five (45) days after being due. ARTICLE 7 - NOTICES.. Owner 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, and for recommending approval of invoices and other records of POWER. POWER designates John McGrew, whose address for notices and commmunications 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 Owner. 2905P • 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 Owner 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 Owner to POWER, except: (a) Owner' s technical information previously known to POWER. (b) Owner' s technical information which becomes known to POWER through legal means; (c) Owner' s technical information which is public knowledge or subsequently becomes public knowledge; (d) Any technical information developed by POWER for Owner unless designated "CONFIDENTIAL" by Owner; (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 INSURANCE - POWER Engineers, Inc. (POWER: shall furnish the City a policy or certificate of 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 edorsement attached thereto, the City shall be the insured or named as an additional insured covering work or tasks associated with the contract', whether liability is attributable to POWER or the City. 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 all claims arising out of or in conjunction with the work or tasks associated with the contract. If awarded a contract with the City of Redding, 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 (5500,000) for damage to property. The Certificate of Insurance will list as co-insured the City of Redding, ( ) its officers , agents and employees. • 2905P 11 - r • Th POWER shall save, keep, and hold harmless the City, 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 AN 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. 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: "I am aware of the provisions of Section 3700 of the Labor gode 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. " 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 ofotr.,\ the contract, complete Workmen' s Compensation 'nsurance, and shai1l furnish a Certificate of Insurance to the City before execution of thelcontract. 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 II — INDEMNIFICATION Engineer shall defend, indemnify and hold harmless the City, 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 Engineer ' s negligent acts , errors or omissions 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 . Engineer covenants and agrees to defend any suit or to pay any judgment against the City resulting from any suit for which Engineer has agreed to indemnify the City pursuant to this paragraph; provided, however, that the City shall nevertheless have the right, if it so elects and notifies Engineer to participate at the City' s expense in the defense of • any such suit or suits in which it may be a party, without relieving Engineer of the obligation to defend the same. • 2905P APPROVED: APPROVED: POWER ENGINEERS, INC. Signature Signature Randall L. Pollock Name Name Vice President Title Title • FORM APPROVED CITY LEGAL 'EP , 2905P