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Home My WebLink AboutReso. 1985 - 147 - Approving the contract between the city of redding and power engineers inc for engineering services RESOLUTION NO. ',S"'/ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE CONTRACT BETWEEN THE CITY OF REDDING AND POWER ENGINEERS, INC. FOR ENGINEERING SERVICES, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as follows : 1 . The City Council of the City of Redding hereby approves the contract between the City of Redding and Power Engineers, Inc. for the performance of route selection studies and an environmental impact report to develop a North Loop 115 kV Transmission System and associated subsites. 2. 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 the official seal of the City of Redding on the aforesaid documents , when appropriate. 3. A true copy of the contract referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 5th day of August , 1985 , and s111 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 7171g&e:Q HOWARD D. KIRKP$TRICK, Mayor City of Redding ATTEST: r7. -4- ETHEL A. NICHOLS, City Clerk FORM APPROVED: ' 4 � '-/i `-//7 fit RANPALL A. HAYS, `City/Attorney -2- • POWER ENGINEERS, INC. ENGINEERING AGREEMENT THIS AGREEMENT: Made this day of , Nineteen Hundred and Eighty-five, 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, "Request for Proposal to Conduct Professional Consulting Service on a 115,000 Volt Transmission Line for the City of Redding" , and the proposal submitted, dated July 5, 1985 , 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 I . The amount payable to POWER shall not exceed $62 ,262.99 for Phase I services as described herein as Routing and Environmental Analysis. 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 used in making reimbursement under this Agreement: 5/08/85 2673P • • (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. (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 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 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. 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 Electrical 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 Pete Van Der Meulen , whose address for notices and commmunications is: POWER Engineers , Inc. P.O. Box 1066 Hailey, Idaho 83333 05/08/85 2673P • • 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. 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 - LIABILITY AND INDEMNITY POWER shall indemnify, defend, and save harmless Owner , its officers , agents , and employees against any and all claims, demands , suits , judgment expenses , attorney' s fees , and losses for or in connection with bodily injury to persons or damage to property of third parties in connection with or arising out of the performance of POWER, its agents , or employees under this Agreement; PROVIDED, however, that POWER shall not be liable to Owner for any loss or damage attributed to the negligence of Owner, its employees , or agents . 05/08/85 2673P 0 • APPROVED: APPROVED: POWER E 4GINE 'S, INC. / ./ ,� `, Si .'ature Signature Frank Rowland Name Name Land and Environmental Services Manager Title Title ORM PPRO':ED , C.HY LEGAL DEPT. • 05/08/85