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RESOLUTION NO. 80-69
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF UKIAH AUTHORIZING MAYOR AND
CLERK TO SIGN AGREEMENT FOR ENGINEERING
SERVICES (S.A.I. ENGINEERS, INC.)
The City Council of the City of Ukiah does hereby RESOLVE:
That the Mayor and Clerk are authorized to sign the
Engineering Agreement with S.A.I. Engineers, Inc. for professional
services for the design of an electric substation.
PASSED. AND ADOPTED by the following roll call vote on this
16th day of April , 1980.
AYES: Councilmembers Riley, Feibusch, Snyder, Myers, Hickey
NOES: None
ABSENT: None
ATTEST:
City Clerk
AGREEMENT FOR ENGINEERING SERVICES
FOR THE DESIGN OF ELECTRICAL SUBSTATION
THIS AGREEMENT is made and entered into by and between the CITY OF
~KIAH, a municipal corporation, hereinafter called "City" and SAI
ENGINEERS, INC., hereinafter called "Engineer".
RECITALS
WHERAS, City desires to obtain professional services for the design
and construction of an electric substation, hereinafter called the
"Project", and desires the services of Engineer to make such plans,
estimates, bid'documents and construction surveillance.therefor:
and
,
WHEREAS, Engineer is engaged in the business of 'furnishing technical
and expert services as an electrical engineening firm and hereby
war'rants and represents that it is professionally capabl'e of performing,
and is licensed to perform, the services ~alled for by this agreement:
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of. the covenants,
conditions, and promises hereinafter contained, to be kept and performed
by the respective parties,
IT IS AGREED AS FOLLOWS:
1. Section Headings. The section headings appearing herein
shall not be deemed to govern, limit, modify or in any manner affect
the scope, meaning or intent of the provisions of this agreement.
2. S__cope of the .Work. The work of the Engineer shall consist
of each of the phases of Work indicate'd be]ow as may be directed by
the City. By entry into this contract the City contracts for the
work .involved in Phase "A". Phase "B" and Phase "C" shall not be
entered into by Engineer until further approval by the City, and the
agreement shall not be a contract therefor until the Engineer is
ordered to do the specific phase of work, but shall remain the Engineer's
offer therefor.
3. Phase A: Preliminary..Engineering.__ Engineer shall do the
following work and perform and secure the following services:
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(1) Establish an overall Project Schedule.
(2) Establish in consultation with the. City the procedures
for correspondence, reports, reviews and conferences.
(3) Consult with the City to ascertain-op, eration and other
criteria upon which the proposed Project is to be designed,
built and subsequently operated.
(4) Review and study available preliminary data, drawings,
reports, plans and specifications to the City's existing
Gobbi Substation and distribution system, and proposed
Hydroelectric Power Plant. Such information shall be
made available by the City.
(5) Determine the applicability of federal, state, county and
city laws, ordinances,, regulations, rules, and orders
and their effect on the design and construction of the
Project. The implementation of the Project will be
in full accordance with same.
(6) Collect field information and become familiar with pertinent
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local conditions and needs and apply same in the design
and construction of Project.
(7) Establish a soils investigation program. The initial
phase of this program will be the analysis of existing
pertinent data, local experience, and field observations.
(8) Meet, review and coordinate with PG&E all the elements
involved in the conversion of the power service to 115 KV
including connection to the new substation.
(9) .Negotiate with PG&E an agreement, .satisfactory to the City,
for the delivery of power at 115 KV, and determine conditions
of service and costs chargeable to PG&E and/or City.
(10) Determine the possible effect of the proposed 4 MW
Hydroelectric Power Plant on the City's proposed substation.
(ll) Prepare complete design criteria for the project and submit
to City'for review and approval~ prior to the preparation
of preliminary design report.
(12) Prepare preliminary design of t.he substation arrangement
including site plan, typical elevations, and single line
diagrams in accordance with approved design criteria.
(13) Prepare and submit to City a report detailing the scope
of the project, recommendations and an order-of-magnitude
capital cost estimate.
(14) Assist the City in obtaining project financing.
4. Phase B- Design Engineering.
(1) Upon receipt from the City~,~'of Authorization to Proceed,
Engineer will prepare and submit to City complete and
detailed designs, contract drawings, plans and specifi-
cations. Said documents shall be complete and detailed
enough to enable City to obtain competitive bids for the
supply of equipment and the construc'tion work and to
maintain and operate the Project following its construction.
(2) Said drawings and specifications may include' the following-
a) Grading, roadways and fencing drawings.
b) Equipment foundations and structures drawings.
c) Landscape drawing.
d) Control house drawing.
e) Single and three-line relay, and meter diagrams.
f) AC and DC potential schem'atics.
g) Annunciator schematics and specifications.
h) Control house panel drawings and specifications.
i) Battery and charge~..
j) AC and DC power drawings~
k) Interconnection diagrams.
l) Control house lighting, heating, ventilation and space
arrangement drawings.
m) Conduit and grounding.
n) Supervisory system coordinated with City's existing
system. '
o) DetailS for bus and lines between buses, transformers
and structures.
(3) Coordinate all protective relays for proper operation.
.
(4) Furnish reasonable number .of p. rogress.prints, usually two
(2) prints of. each drawing for marking up and file.
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(5) Provide one appropriately indexed copy of all design
calculations with respect to the Project.
(6) Attend a reasonable number of conferences which City may
require for purposes of presentation of the abovementioned
designs, drawings, plans, specifications and contracts
for approval, and for technical consultation and advice.
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(7) Keep City constantly informed as to the design features
of the proposed improvements, and progress in performing
the services provided 'for.
(8) Review and advise the City with respect to eqUipment
drawings furnished by manufacturers who are to supply
material and equipment to be incorporated into the project.
(9) Prepare and maintain appropriate schedules and diagrams
for the design phase of the project; provide regular
progress reports to the City.
(10) Cooperate fully with any of the other engineers who may
be designing other plant facilities to insure that the
total result of the efforts of all persons or organiza-
tions concerned with such work shall be properly integrated.
.(ll) Submit all plans, specifications and schedules for review
and approval.
(12) Determine need for, and assist the City in preparing
applications for all permits, licenses, etc., required
by City for its facilities..
(13)· Prepare material schedules and bid documents for all
materials and apparatus that are to be purchased, and
submit to City for approval-and issuing of bids.
(14) Prepare construction contract bid documents and submit
to City for review and at)proval.
(15) Evaluate all bids received for material, apparatus, and
construction and submit recommendations of award to
C'i ty.
5. Phase C: Eng~'neerin~ Services Duri'ng ~onstruction. Upon
receipt from the Cityi'of Authorization to Proceed, Engineer will
provide services as follows:
(1) Perform detailed inspection of all Project construction
to insure compliance with plans, specifications, and
drawings.
(2) Interpret and clarify plans and specifications for 'the
contractor, ~s' required. Insofar as such interpretations are
consistent with the .design concepts set forth by the City,
Engineer's decisions shall'be final. In the event of
doubt or questions regarding t'he City's intent, Engineer
shall refer such matters to the City, together with appropriate
analyses and reconm}endations, for resolution by the City.
(3) Assist the City in coordinating delivery, storage and
installation 'of City-furnished equipment and materials
insure complete and timely installation.
(4) Assist the City with administration of the construction
contract by providing services in the form of analyses,
recommendati'ons, and coordination in connection with, but
not limited to, tile following:
a) Tile quality and acceptability of material furnished
or work performed by the. contractor.'
b) Determination of payments to the contractor based upon
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the amount and value of work c'ompleted.
c) Preparation of ch'ange orders reflecting construction
contract changes.
d) In general, any contract adminiStration matter, as
directed by the City.
(5) Check and advise the City with respect to contractor- .
supplied shop drawings and their conformance to contract
requirements.
(6) Define and recommend tests for construction materials,
as applicable. City shall order such tests as it deems
necessary. City shall pay directly to tile organizatiOn
conducting the test, or tests, that the City orders.
Upon submission of the test results to Engineer by City,
Engineer shall review and approve results before materials
are incorporated into the project.
(7) Represent the City's interests tO the contractor in all
matters not otherwise defined, to obtain timely completion
and acceptance of the contractor's work.
(8) Provide. "technical support" to the City, as required,
during major equipment and substation operational test
phases. Said technical support should include test re-
quirements to be prepared by Engineer. Engineer will assist
City in the Selection of an appropriate business enterprise
to'perform the tests. Assist .in final station inspection,
(9) Verify contractor's ."As Built" information and prepare
complete set of "As Built" drawings. Transmit original
tracings .to the City.
6.. Work B,V Others;
(1) Engineer will establish .a soils investigati'on analysis, per
Paragraph 7 of Phase A. Ba~ed on this analysis, a practical soils
investigation program will be developed and recommended
to the City for implementation. This program might include
test borings and soils analysis to determine the soil
bearing' capacity at the site.
The City shall order such tests as are necessary and City
shall pay directly to the organization performing the
tests. The test results shall be made available to Engineer
and will be implemented into the Project design.
(2) The City shall provide to Engineer the substation site
and trasmission line topographic surveys.
(3) The City will obtain all needed rights-of-way for the
station and/or transmission lines.
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(4) PG&E will install new rev6nue-metering equipment and
transmission ~ircuit protective equipment on their line~.
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(5) City will provide Engineer with information concerning
the requirements of the Project a'nd will also do the
following:
a) Provide all information and data which is available
to the City and which is required in connection with
Engineering services, including but not limited to
pertinent maps, reports, ,legal information, rights-
of way, restrictions and easements.
b) Provide access to, and make all provisions for Engineer
to enter upon public or private lands as required
for Engineer to perform such work as surveys and
inspections irt development of the project.
c) Manage and be responsible'for all negotiations with
owners irt connection with land and/or easement acquisition
and to provide all title reports and appraisals required.
d) Hold all required special meetings, serve all public
and private notices, receive and act upon all protests
and fulfill all requirements necessary to the development
of the Project, and pay all costs incidental thereto.
e) Furnish Engineer with a copy of any design standards
for construction details that the City will require
Engineer to follow.in %he preparation of plans and
contract documents for the Project.
f) Advertise for proposals from bi'dders, open proposals
at the appointed time .and pla'ce, .pay all costs incidental
therto.
g) Provide, or pay the actual cost to Engineer for
providing survey parties for making suPveys required
in prosecution of the work.
h) Pay the cost of borings, sampling, or other work
in~olved in soils investigation and foundation
reports that may be required for the study and design
of the work.
i)' Pay for plan check fees and similar costs. Pay for
cost of authorized computer services~
j) City will examine all studies, reports, drawings,
sketches, specifications, estimates, proposals and
other documents submitted by Engineer promptly and
shall render in writing.decisions pertaining therto
with,in a reasonable time so as to not delay the work
of Engineer in accordance with established schedule.
·
7. Engineering Time Schedule of Work.
(1) Complete Phase A: Preliminary Engineering work within 180
calendar days after effective date of this agreement.
(2) Complete Phase B: Design Engineering work within 180
calendar days after receipt from City of Authorization to
Proceed.
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8. Compensation To Be Paid To Engineer.
(1) Com. pensation
The City agrees to pay to the Engineer, as compensation
for services rendered pursuant to this agreement, within
thirty (30) days of the submission of monthly invoices
an amount equal to the actual hours of serviCe furnished
multiplied by the Engineer's established hourlY rates,
which includes an allowance for personnel benefits (which
include, but are not limited to, allowanceslfor sick
leave, vacation and holiday pay, unemployment, excise
and payroll taxes, and contributions for social security,
employment compensation insurance, retirement benefits
and medical insurance benefits), overhead and profit.
The hourly rates shall include travel time occurring during
normal working hours (8 a.m..to 5 p.m.).
In addition, the City shall reimburse the Engineer each
month for all out-of-pocket expenses directly chargeable
to the work and for computer'-and reproduction facilities
at tile Engineer's then current rates.
Engineer's out-,of-pocket expenses are those expenditures
made by the Engineer, other than employees' salaries and
payment for services of retained specialists, which are
directly chargeable to the work' and which would not otherwise
have been incurred. In the event that services of retained
specialists are deemed necessary by Engineer, Engineer shall
first obtain written authority from City to utilize said
specialists. Such expenditures include, but are not limited
to, transportation, lodging, subsistence, communications,
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reproduction,' data processing, computer time at current
rental rates,, liability andottl'er insurance when required
by City in addition to the t. ypes and amounts currently
carried by Engineer, taxes necessarily incurred because
of Engineer's work on the Project (for example, taxes on
the property, profits or net income of Engineer would.not
be an out-of-pocket expenditure), equipment rental and repair
and special mailing, forms, materials and supplies required
during the progress of work. Retained specialists shall
include individuals or organizations offering qualified
special services to the public'who are particularly skilled
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in one or more fields and who are occasionally employed
by engineering organizations to fill the need for special
or unusual services. Unless other.wise provided, the cost
of furnishing such services shall be the 'charges of the
retained specialists..
The following Rate Schedule will be used in determining
the Engineer's compensation. This Schedule Shall be'
effective through June 30, 19B1. After this date the
hourly rate may be changed upon written mutual agreement.
SCHEDULE OF HOURLY RATES & EXPENSES
Classification
Principal
Project Manager/Supervising Engineer
Project/Senior Engineer
Engineer
Designer
Drafting
Clerical
Expenses
Mileage (To and From the City)
Per diem
Telephone, ReprodUction, Etc.
.Hourl,y Rate
$ 55.oo
~9.00
41.00
38. O0
· 31.00
2O. O0
13.00
$ O.18/mile
$ 45.oo
At Cost
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The compensation to accomp.lish the work in Phase A:
Preliminary Engineering will not exceed $13,000 without.
prior authorization by the C. ity.
The compensation to accomplish the work in Phase B:
Design Engineering is estimated to be $40,000. This amount
is deemed sufficient to accomplish the work of Phase B.
However, a definitive compnesation will be negotiated
when the City authorizes this work.
The compensation to accomplish 'the work in Phase C'
· .
_Engineerinq Services Durin9 Construction will not exceed
$.12,000 without prior authorization by the City. This
amount is deemed sufficient to inc.lude thirty (30) Engineering
mandays at five (5) mandays per calendar 'month during the
construction period.. In th'e event that more Engineering
time, in excess of 30 days, is required, additional
compensation to Engineer will be negotiated.
(2) Billing Procedure
The compensation will be paid'monthly based upon itemized
invoices and supporting time sheets submitted to City.
9. General Conditions.
(1) Assignments
Engineer binds itself, its partners, its-successors, its
legal representatives and assigns to the City, and Engineer
shall not assign, sublet or transfer its interest in this
agreement or any of the work herein required to be done
without prior written consent of City.
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(2) Engineer is an Independ~ltContractor
It is hereby understood that Engineer in performance of
this agreement is not an agent or employee of City, but
is an independent contractor for professional services
with full rights to manage his employees subject to the
requirements of the law. All persons employed by Engineer
in connection with' this contract will be employees of the
Engineer and not employees of the City in any respect.
(3) Termination
Ci-ty, by notifying Engineer in writing not. less than seven (7)
days in advance, has the right to terminate any or all of
the work ~equired of Engineer under this agreement without
cause. In the event that City terminates Engineer's services
described herein, Engineer's compensation for such services
to the date of termination shall be computed and paid
in accordance with the compensation provisions set forth
in Section 8. Compensation 'to be Paid Engineer.
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(4) Right of City fo Inspect Records of. Engineer
City, through its authorized employees, representatives or
agents, shall have the right, at any and all reasonable
times, to audit the bookS and records of Engineer for the
purpose of verifyin§ any and all charges made by Engineer
in connection with Engineer's compensati.on under this
agreement including termination of Engineer's services.
Engineer agrees to maintain sufficient books and records
to establish the correctness of all charges submitted to
City under Section 8. Compensation to Be Paid Engineer.
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(5) Additional Work
The Engineer shall be entitled to extra compensation
for services not otherwise required under this agreement,
.provided that the City.shall first have requested such
extra services in writing, but in no event shall the
City be liable for payment unless the amount of. such
extra compensation shall first have been agreed to in
writing by the City.
(6) Time is of the Essence
.
It~ is understood and agreed that time is of the essence of
this agreement.
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The time during which the Engineer is delayed in its work
by acts or neglect of tile Ci~ty, or its officers or employees,
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by contract or otherwise, or .by acts of God which the
Engineer could not reasonably have foreseen and provi.ded '
forj and which are not caused by, or the continuance of
which is not due to~any fault or negligence on the part of
the Engineer, shall be. added to the time for completion of
any portion of this agreement.'
(7) Responsibility.of Engineer ·
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Any acceptance of plans, drawings, or the Project by City
shall not in any respect absolve Engineer for tile responsibility
Engineer has. to design in accordance with customary
standards of good engineering practice in compliance with
all Federal, State, County, and/or municipal laws, ordinances,
Yregulations,~'rUles, and orders.
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(8) Legal Responsibilities
To the extent permitted by 1.aw, Engineer shall indemnify,
bond, and save harmless the City of Ukiah, its City
Council, officers, agents, and employees from all losses
or damages for which Engineer shall become legally liable,
arising from Engineer's negligent acts, errors, or omissions
with respect to the work performed by Engineer pursuant to
this agreement.
(9) City R.epresentatives
Ci.ty shall designate in writing the employee to act as
City's representative with respect, to the work to be performed
under this agreement. The .person designated at City's
representatives shall.have complete authority to transmit
instructions, receive information,.intepret and define
City's policy and decisions, make approvals, and other
minor changes in the work not involving extra costs and
not inconsistent with the objectives of the Project.
(lO)~ Notices
Any notices which City desires or is required to give to
Engineer under this agreement may be given by delivering the
same to Engineer in person or by depositing such notice
in the United States mail, postage prepaid addressed to
Engineer, at 3200 Scott Boulevard, Santa Clara, California~
95051. The effective date of such notice shall be the date
of personal delivery of such notice or the date of deposit
of the same in the United States mail, whichever occurs first.
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(11) Amendments
It is mutually understood and agreed that no alteration
or violation of the terms of this agreement shall be valid
unless made in writing and signed by the parties hereto.
(12) Discrimination
Engineer agrees it is familiar with the laws of California
relating to the hiring of minorities and discrimination in
employment and agrees to abide ther. eby at all times during
the period of its services under this agreement. Engineer
shall comply with all reporting requirements made on it
by the City, pursuant to said laws, during and after the
period of its services under this agreement.
(i3) General Terms
a) This agreement, upon its.execution, shall constitute
the EDgineer's authority to proceed with Phase "A"
of tile work described herein.
b) All decisions and notices required of the City by
this agreement, and not otherwise specifically pro-
vided for, shall be made by the City Manager or his
designee.
c) The City shall give reasonably prompt consideration
to all matters submitted to it by the Engineer for
approval, to the end that there will be no substantial
delays in the Engineer's program of work.
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(14) Gender
In this agreement, whenever the context so requires,
the singular shall include the plural, and the neuter shall
include the masculine, and the masculine shall include the
neuter.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
duplicate on the ~/.-z~ day of ~~_~ , 1980.
ATTEST-
Hattie Tillotson, City Clerk
H. P~h'elis, Vice President
APPROVED AS TO__~ORM:
Merle Orch'~rd, City Attorney
By.
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