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Home My WebLink AboutReso. 1986 - 173 - Approving the consulting services agreement between the city of redding and brown vence & associates for feasiblity i _ ? , • 411 III • . •. RESOLUTION NO. LI6g A RESOLUTION OF THE CITY COUNCIL OF THE CITY SOF REDDING APPROVING THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF REDDING AND BROWN, VENCE & ASSOCIATES FOR A FEASIBILITY STUDY OF THE CAMAGE CO-GENERATION PROJECT, AND AUTHORIZING THE MAYOR TO SIGN SAME. WHEREAS, the City of Redding has entered into an Agreement for the Purchase and Sale , Operation and Maintenance, and Fuel Supply of a Co-Generation Facility, to be known as the Carnage Co-Generation Project; and WHEREAS, under said Agreement it is necessary to contract with an engineering firm to certify the feasibility of the Project for bonding; and WHEREAS , the City Council has reviewed the attached Consulting Services Agreement with Brown, Vence & Associates for the preparationof a feasibility study of the proposed Carnage Co-Generation Project, and deems it in the best interests of. the City of Redding to enter into said Agreement; NOW, THEREFORE, 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 Consulting Services Agreement between the City of Redding and Brown, Vence & Associates for the preparation I` of a feasibility study of the Carnage Co-Generation Prorject; and 2. That the Mayor of the City of Redding is hereby m authorized and directed to sign all necessary documents on behalf .� W III 411 , , . , . 1 .. of the City of Redding in connection with said Agreement, and that 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; and 1 3 . That a true copy of the 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 the City of Redding on the 21st day of July , 1956 , and was duly adopted at said meeting by the following vote : AYES: COUNCIL MEMBERS: Carter, Gard, Johannessen, & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Fulton ABSTAIN: COUNCIL MEMBERS: None (- )1A:c4/.....L.-- I�� V MIKE DAHL Mayor City of Redding ATTEST: ��,!ilGa ( 2:041G" �l • 6 G�G -ei ETHEL A. NICHOLS , City Clerk FOR PPROVED: -0.41 d :4 RA DALL A. HAYS, ity Attorney -7- CONSULTING SERVICES AGREEMENT The following is an agreement between the City of Redding (City), and Brown, Vence & Associates ("BVA"), a California Corporation. Whereas, City desires to retain BVA to prepare a feasibility study of the proposed Carnage wood-fired power plant to be located in Shasta County, California, and Whereas, BVA dr'sires to be so retained and has experience and expertise in this type project, Now, therefore, City and BVA agree as follows: • ARTICLE I - BVA: Independent Engineering Consultant All services to be performed by BVA hereunder collectively referred to as Services shall be performer' as Independent Engineering Consultant and not as agent or employees. ARTICLE 2 _ BVA; Recnonsibil"aties BVA shall provide consulting services in connection with the study, according to the Scope of Work (Attachment A). ARTICLE 3 - City's Responsibilities City shall assist BVA by providing available information on a timely basis as appropriate in the performance of the consulting services. ARTICLE 4 - Compensation to BVA For performance of the tasks delineated in Consultant's Scope of Work (Attachment A), City shall pay BVA the fixed price fee amount of $1223500. This fee shall include all labor, overhead, profit, travel and other out-oll-pocket costs, except that travel outside of California, if approved by City, shall be billed and payable at cost, separately. • • ARTICLE 5- Payment BVA will submit to City an invoice for payment at the end of each month. The amount of the invoice shall be based upon the percent completion of the scope of work. City shall pay BVA within fifteen (15) days of receipt of invoice. BVA shall maintain full and accurate records with respect to all matters covered by this agreement. All books, records, and accounts relating to this agreement shall be available for the City examination upon request. . ARTICLE 6- Schedule BVA shall make its best efforts to complete the Draft Report on or before Septemberl26, 1986 and complete the Final Report within two weeks of receipt of City's comments. ARTICLE 7 - Notices All notices required or permitted to be given pursuant to this agreement shall be deemed received if sent by Uidtcd States mail, certified or registered, postage prepaid, addressed to the parties as follows: City: City of Redding Electric Department 760 Parkview Avenue Redding, California 96001 Attn: Rick Coleman, P.E. Consultant Brown, Vence & Associates 120 Montgomery Street, Suite 680 • San Francisco, California 94104 Attn: Michael D. Brown, President ARTICLE 8 - Assignment Neither party may assign its interest in this agreement without the written approval of the other party. . • . • ARTICLE 13 - BVA'S Liability The City agrees to limit BVA's liability to the City and to all contractors and subcontractors on the project and to all third parties, due to professional ,negligent acts, errors or omissions of BVA to the total sum of BVA's Engineer's fee. The City shall indemnify, defend, and hold BVA harmless fr. rn third party claims excepting cla;:ms arising out of BVA's negligence. • ARTICLE 14 - Insurance The Engineer 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 the Engineer. 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, attributable to the Engineer o I11 the City. The olio shall insure the City, its officers, employees, and agents while acting within the policy Y scope of their duties on the work or tasks associated with the contract, against all claims 11 arising out of or in conjunction with the work or tasks associated with the contract. The Engineer may file insurance acceptable to the City covering more than one proj• ct. Thecoverage shall provide the following minimum limits: Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate product 11 and completed operations Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. • The Engineer shall save, keep, and hold harmless the City, its of ficers, agents, and employees from all damages, costs, or expenses in law or equity that m 1y at up to five years arise or be set up because of damages to property, or of personal injury received by it • • arising out of, the Engineer's sole negligence with, or resulting from Engineer's work 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 personIIs. Engineer convenants 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. ARTICLE 15 - Entire Agreement This agreement embodies the entire agreement between BNA and City. Each represents that in entering this agreement it does not rely on any previous oral or.. implied_-___ representations, inducement or understanding of any kind or nature. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto on the date indicated below. BROWN, VENCE & ASSOCIATES Y � C By: � L L Z t, (C� t� Thomas D. Vence, Vice President Date: 974, CITY OF REDDING By: FORM APPROVED Date: / .47 • CITY LEGAL D'EPT,�G