HomeMy WebLinkAboutAgenda Report - July 20, 1988 (70)C 0 1 0 C I L
TO: THE CITY COUNCIL
FROM: THE CITY MANAC0S OFFICE
C 0 M M U N I C A 1_ 0 N
COUNCIL MEETING DATE
JULY 20, 1988
SUBJECT: AUTHORIZE EXECUTION OF AN AGREEMENT WITH R. W. BECK AND ASSOCIATES FOR
ELECTRICAL ENGINEERING CONSULTING SERVICES
PREPARED BY:
C i t Manager
RECOMMENDED ACIM: That the City Council authorize the execution of
an agreement between the City of Lodi and R. W.
Beck and Associates for electrical ecgineering
consulting services.
BACKGROUND INFORMATION: In the next two months the City Council will be
reviewing staff recommendations concerning
adjustments to the present electrical energy rate
schedules. The adjustments will represent the
first change in these schedules since March, 1985. This is a master agreement
which will cover services covering a broad range of tasks. However, prior to
undertaking each assignment, R. W. Beck; and;>'Associates will submit a budget
outlining the estimated cost. The first such'a=signment, which is estimated
to be in the $2,000 range, will be to perform research,primarily wi th the
California Public Utilities Commission, regarding rate schedules for mobile
home parks. This has always been a rather knotty problem and particular
attention should be paid to this group of customers at the time the new rate
schedules are approved.
A copy of the agreement is attached (Exhibit A).
Respectfully submitted,
Thomas A. Peterson
City Manager
TAP :br
RWB—'202Q
W. BECK :A1D ASSOCIATES 1, n
Enguurrs and Consultants
PROFESSIONAL SERVICE'S AGREEMENT
Date April 25, 1988 P. S.A. No.
CLIENT City of Lodi
221 West Pine Street
ADDRESS Lodi, California 95241
PROJECT General Consulting
Part I—Scope of Services
KK-1809-CAl-AZ
Cons- itat;t will provide services as requested by City and within specified
budgets as authorized by the City. The City shall pay Consultant's actual
salary costs determined in accordance with Consultant's "Current Range of
Hourly Salary Costs" attached hereto as "Exhibit A" and by this reference rude
a part hereof, multiplied by 2.40 except when work requires expert witness
testimony or analyses and reports to support a financing, in which cases the
multiplier will then by 2.60. The labor costs set forth in this Agreement
represent current costs and shall be subject to automatic adjustment in
accordance with the Consulting Engineer's salary administration policy, and
all payroll benefit costs and overhead costs included in the compensation set__..
forth herein shall also be subject to an autoniatic adjustment effective each
May 1 to reflect an actual change in such costs.
Part II—Payment
For services furnished. the Client shall pay R.W. Reck and Associates, Consulting Engineer. upon submission of monthly invoices,
anamount equal tothe actual hours of services furnished multiplied by the product of the Consulting Engineer's established hourly salary
costs, which include allowance for personnel benefits, and a factor as speci f ed i n Part I , above.
In addition. the Client shall reimburse the Consulting Engineer each month: at cost for all out-of-pocket ex pense.-WirLctly chargeable
to the work; atcost plus 1019, for services of Special Consultants and Subcontractors: and at the Consulting Engineer•s then currentrates for
computer and reproduction services.
Part Ill— StandardProvisions (seefolloNving pages)
Part IV—Special Provisions { none )
Approved fo IENT Approved f ONSULTING E
By. �' sy:
Title: Thomas A. Peterson Titlepartner and Manag ,Sacramento Office
City Manage
B}': � `Attest : 1 ' By:
Title: Alice M. ReUnche Title:
City Clerk
F
K. W. Beck.and Associates
PART III — STANDARD PROVISIONS
II I. A. Consulting gngineer's Organizations
R. W. beck and Associates is a partnership
and R. W. beck and Associates, Inc. is a corpora-
tion owned and controlled by the partnership. Both
entities are organized and operated under the laws
of the State of Washington. It is expressly agreed
that the partnership may bt changed by addition or
reduction in the number of the partners or redis-
tribution of the partnership interests and this
Agreement may be assigned to the partnership or to
the corporation. The Consulting Engineer may as-
sign the compensation from this Agreeveot to any
other entity.
III.B. Professional Services
1. The Consulting Engineer shall be consul-
tant and advisor to the Client as an independent
contractor snd shall not be an employee of the Cli-
ent. The Consulting Engineer shall not be an agent
or representative of the Client except that the
Consulting Engineer may act as the Client's agent
in providing construction management services to
the degree specifically authorized in Part IV -
Special Provisions of this Professional Services
Agreement.
2. The Consulting; Engineer represents that
the services furnished under this Agreement will be
in accordance vith generally accepted professional
practices. Any estimate of cost of equipment, con-
struction. ownership or operation furnished by the
Consulting Engineer shall be the Consulting Engi-
neer's opinion based upon its professional judgment
and experience. The Consulting Engineer makes no
other representation or warranty, express or im-
plied.
III.C. Change in Scope and Delays
1. If the provisions for payment in this
Agreement provide for a fixed fee or a maximum
payment for services, such fee or maximum is for
the Scope of Services described in the Agreement.
If the Scope of Services is modified so that more
or less work or time is required. and such
modification is accepted by the Client and the
Consulting Engineer, the fee or maximum and the
time shall be equitably adjusted.
2. In the event of delays in or failures of
performance of the Consulting Engineer caused by
circumstances beyond its control, the Consulting
Engineer's fee or maximum and the time allowed
shall be equitably adjusted, and such delays or
failures shall not constitute a default or give
rise to any claim against the Consulting Engineer.
IIID. Relating to Payment
1. The Consulting Engineer's "Salary Costs"
allow for basic salary and personnel benefits,
including: life, accident, disability and medical
insurance; sick leave, holiday and vacation pay;
social security, workers' compensation, unemploy-
ment compensation and pension retirement contribu-
tions; and similar employment-related costs. Basic
salary per hour shall be twelve times current
monthly salary for employees or current monthly
drawin5zs in lieu of salary for partners, exclusive
of overtime, bonus or other profit participation
payments. divided by 2,080.
2. line Consulting Engineer's "Out-of-Focket
Expenses" are those expenditures made by the
Consulting Engineer, other than Salary Costs, Costs
of reproduction and computer services and costs of
Special Consultants and Subcontractors, which are
directly chargeable to the project and which would
not otherwise have been incurred. Such expendi-
tures include, but are not limited to, transporta-
tion, lodging, subsistence, communications,
liability and other insurance premiums when
required by the Client in addition to the types and
amounts currently carried by the Consulting
Engineer, taxes other than those levied on the
profits or net income of the Consulting Engineer,
equipment rentals and repair, and special mailing,
forms, materials and supplies required during the
progress of the work. Reimbursement for out-of-
pocket expenses shall be an amount equal to the
cost thereof.
3. "Computer services" as used herein shall
mean the use of electronic computing and informa-
tion processing equipment, word processing equip-
ment, data communications equipment, computer
software. and related facilities and services of
personnel necessary to operate and maintain such
equipment and facilities. "Reproduction services"
as used herein shall mean the use of printing and
copying equipment, photographic equipment, and
similar facilities and services of personnel to
operate and maintain such equipment and facil-
ities. Charges for computer and reproduction
services shall be at the Consulting Engineer's
established rates therefor which are in effect at
the time of such usage.
4. In event of the inability or failure of
the Client to pay as agreed, interest commencing
sixty days after the date of invoice shall be paid
by the Client to the Consulting Engineer on the
last day of each month on all unpaid amounts due
the Consulting Engineer 3t the interest rate for
borrowed funds then currently available to the
Consulting Engineer at the Rainier National Bank of
Seattle.
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R. W. Beck and Associates
PART III — STANDARD PROVISION'S
11I.E. Insurance
The Consulting Engineer shall maintain in
effect, to the extent that such insurance is avail-
able at reasonable cost, employer's liability, pro-
fessional liability, comprehensive general iiabil-
i'y (bodily injury and property damage) and compre-
hensive automobile liability (bodily injury and
property damage) insurance vith respect to employ-
ees and vehicles of the Consulting Engineer
assigned to the prosecution of work under this
Agreement, vith each policy having maximum limits
of not less than $5,000,000, and statutory vorkers'
compensation protection. Upon written request, the
Consulting Engineer Will supply to the Client a
description of each such insurance policy currently
in effect, specifying the amount thereof. The Con-
sulting Engineer will obtain and thereafter main-
tain in effect, if reasonably available. such addi-
tional insurance as may be requested by the Client,
the cost of Which shall be reimbursed by the Client.
iII.F. Liability
In partial but specific consideration of
the execution of this Agreement, the Client and
Consulting Engineer agree as follovs:
1. The Consulting Engineer shall indemnify
and hold harmless the Client and its governing
board, officers and employees from all claims,
expenses and liability, following operation of
applicable rights of contribution, arising out of
negligent acts, errors or omissions of the
Consulting Engineer and its employees, including,
claims made by employees of the Consulting
Engineer; provided, hovever, such indemnification
and hold harmless shall not exceed (a) the proceeds
of any applicable iesurance required to be
maintained by the Consulting Engineer under the
provisions of this Agreement or (b) $250,000,
whichever is greater.
2. The Client shall indemnify and hold ham -
less the Consulting Engineer. its partners, offi-
cers, employees and subcontractors from all cla Ws,
expenses and liability, following operation of
applicable rights of contribution, arising out of
negligent, acts, -errors Or omissions of the Client
and ; its employees, including claims made by
employees of the Client and claims related to
construction, use, occupancy, ownership, operation,
maintenance or control of facilities related to
services to be performed under this Agreement.
3. The Client shall limit any and all claims
of the Client against the Consulting Engineer, its
partners, officers, employees or subcontractors
arising out of the performance of this Agreement,
to an amount not to exceed (a) the proceeds of any
applicable insurance required to be maintained by
the Consulting Engineer under the provisions of
this Agreement or (b) $250.000, which ever is
greater.
4. For amounts in excess of any proceeds of
the insurance required to be maintained by the Con-
sulting Engineer under the provisions of this
A?reement, the Client shall 'indemnify the Consult-
ing Engineer, its partners, officers, employees and
subcontractors against all expense or Liability of
any kind arising out of any claim for loss of life.
bodily or personal injury, property damage or other
loss from any cause related to the furnishing of
the services covered by this Agreement; provided,
however, this indemnity shall not apply to the sole
negligence of the Consulting Engineer.
5. The Client and the Consulting Engineer
shall not be liable to each other in any event for
interest (except as otherwise provided); loss of
anticipated revenues, earnings or profits; in-
creased expense of operations; loss by reason of
shutdown or non -operation due to late completion or
otherwise; and consequential damages.
6. In any and all claims involving an
employee of the Consulting Engineer or the Client,
the indemnification obligation under this paragraph
entitled "Liability" shall not be limited in any
way by any limitation on the amount or type of
damages, compensation or benefits payable under
workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
III.G. Suspesision or Termination of Services
The Client or the Consulting Engineer may
suspend or terminate any or all services covered in
this Agreement et any time upon written notice in
which event the Client shall pay the Consulting
Engineer upon submission of invoices for all
services rendered and expenses incurred to the
effective date of such suspension or termination.
III.H. Construction Contractor's
Performance and Safety
The Consulting Engineer shall not be
responsible: for safety on the Client's premises
or project site. except for the safety of personnel
of the Consulting Engineer, its Special Consultants
And Subcontractors; for providing or assuring a
safe place €or the performance of the construction
contractor's work; for safety precautions, programs
or equipment; for construction means, methods,
techniques, sequences or procedures; or for the
construction contractor's failure to perform the
vork in accordance vith the Contract Documents.
III -2'
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R. W. Beck and Associates
PART ill —STANDARD PROVISIONS
111.1. Disposition of Documents
1. 'Upon completion of the services provided
under this Agreement, the Consulting Engineer shall
deliver to the Client on2 copy of all Reports,
Spacifications and Contract Documents and one
transparency of each of the Drawings. The orip.-
in.als of all Reports, Specifications, Drawings and
Contact Documents shall be retained by the Con-
sulting Engineer and upon request by the Client,
the Consulti%ig Engineer will furnish copies to the
Client at actual cost of duplication and mailing.
If such Reports. Specificetions, Drawings or con-
tract Documents or reproductions thereof, or any
cher items relating to the services or' the Con-
sulting Engineer are changed in any way or used by
the Client for any other project or purposes, the
Client shall indemnify, defend and hold harmless
the Consulting Engineer from all loss, damage, lia-
bility or expense arising out of such change or use.
2. Except as specifically provided to the
contrary in this Agreement, all computer programs,
computer code and documents related thereto
("computer software") developed by or used by the
Consulting Engineer in conjunction with the Con-
sulting Engineer's work hereunder shall remain the
sole and exclusive property of the Consulting Engi-
neer, and the Client shall have no right or title
to or interest in such computer software. In the
event the Consulting Engineer releases any such
computer software to the Client, the Client shall
protect the confidentiality of such computer soft-
vare and shall not release or divulge such computer
softvare to any other person or organization or let
any other persons or organization use such computer
softvare. 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, liability or expense arising out of
such use.
III..I. Equal Opportunity
The Consulting Engineer w i I I not knowingly
discriminate against any employee or applicant for
employment because of age, race, color, teligion,
sex, national origin. marital or veteran status or
physical handicap. The Consulting Engineer will
take affir-*ative action to the end that applicants
are employed, and that employees are treated during
employment, without such discrimination.
III.K. Severability and Headings
1. If anq part of this Agreement, including,
but not limited to, any provision, paragraph.
clause, phrase or words, is found to be in conflict
with applicable laws, such Part shall be inopera-
tive, null and void insofar as it is in conflict
with said laws, but the remainder shall be ziven
full force and effect.
2. The descriptive headings used in this
Agreement have been inserted for convenience of
reference only and shall in no way modify or
restrict any of the terms and provisions of this
Agreement .
!I L. Notice
All notices relating to this Agreement
shall be in written form delivered in person or by
Express Wail, Registered or Certified United States
Hail, postage prepaid, to the Consulting Engineer
or to the Client to the attention of its chief
executive officer at the last business address of
the principal office of the addressee known to the
sender.
- END OF PART III -
2. 'w. Peck ana Associates
CURRENT RANGE OF HOURLY SALARY COSTS
c:recztve may 1, 1987
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IRETROIC
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Current Range
of Hourly
Grade
Title
Salary Costs(')
I-
Clerk, Stenograoner, Aide . . . . . . . . . . . . . . . . . . .
S 6-93' $15.96
2
Assistant Secretary, Assistanc Fielaman,
Assistanc Draftsman, Assistanc Drafts,voman;
Senior Clerk, Senior Stenograoner, Senior Aide . . . . . . . . .
8.15
3
Assistant Programer, Assistant iecnn;cian,
Assistanc Designer, Accounting Clerk;
Secretary, Heldman, Draftsman, Orafts,,,oman . . . . . . . . . .
9.60 - 22.!2
4
Assistant Engineer, Assistanc Analyst. Assistant Scientist,
Assistant Economist, Assistanc Statistician;
Programmer, Technician, Designer, Assistant Accountant;
Senior Secretary, Senior ~ielcman, Senior Draftsman,
Senior Ora ftswcnan ... . ... ... . .. . ... ... . .
11.23 - 25.74
5
Engineer, Analyst, Scientist, Economist, Statistician;
Senior Programmer, Senior Technician, Senior Oesigner,
Accountant;
Supervising Secretary, Supervising Fieldman,
Supervising Or.afts,man, Supervising Or-,ftswoman . . . . . . . .
13.21 30.27
6
Senior Engineer, Senior Analyst, Senior Scientist,
Senior Economist, Senior Statistician;
Supervising Progra,rmer, Supervising Tecnnician,
Supervising Oesigner, Sucervi sing accountant;
Senior Supervising Secrettry . . . . . . . . . . . . . . . . .
15.46 ' 35.45
7
Supervising Engineer, Supervising Analyst,
Supervising Scientist, Supervising Economist,
Supervising Statistician . . . . . . . . . . . . . . . . . .
78.12 47.550
8
Principal Engineer, Principal Analyst, Principal Scientist,
Principal Economist, Principal Statistician . . . . . . . .
21.51 -.: 49.35
9
Executive Engineer, Executive Analyst,
3
Executive Scientist, Executive Economist . . . . . . . . . .
25.63 58.66
10
Partner, Executive Engineer, Executive Analyst,
5
Executive Scientist. Executive Eccncnist . . . . . . . . . .
36.55 49.So
11
Partner, Executive Engineer, Executive Analyst, (
Hourly Salary
.. _.
Executive Scientist, Executive Economist . . . . . . . . . . (
Costs of
1
Partners and
12
Partner, Executive Partner. Manager or Consulting Services, (
Retired
Manager of Design Services . . . . . . . . . . . . . . . (
Partners
(
range from
13
Managing Partner ...... .. .. .. ....... .. .. (
WAS 567.02
� .. .
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IRETROIC
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A RESOLUTION OF THE LOD! CITY CJOUNM AUIHORIDI`K" EXECUTION OF AN
AGREEMENT WITH R. W. BECK AND ASSOCIATES FOR ELECTRUAL ENGINEERING
CONSULTING SERVICES
RESOLVED, that the City Council of the City of Lodi does hereby
authorize the execution of an agreement between the City of Lodi and R.
W. Beck and Associates for electrical engineering consulting services.
FURTHER RESOLVED, that the City Manager and the City Clerk are
authorized to execute the agreement on behalf of the City.
Dated: July 20, 1988
I hereby certify that Resolution No. 88-93 was passed and
adopted by the City Council of the City of Lodi i n a regular
meeting held July 20, 1988 by the follcwing vote:
Ayes : Council' Members - Olson, Reid, Snider and
Pinkerton (Mayor)
Noes: Council Members - None
Absent: Council Members - Hinchman
PLANNING
DESIC N
RASES
ENVIRONMFNTAL
ECONOMICS
MANAGEMENT
MENU KK -T809 -CAI -AZ
2595a
Mr. Henry Rice
Utility Director
City of Lcdi
221 West Pine Street
Codi, California 95241
Dear Henry:
R. W BECKAND ASSOCIATES
F NGINEERS AND CONSULTANTS
1851 HERITAGE LANE, SUITE 223
POST OFFICE BOX 255468
S.ACRA.-t ENrO. CALIFORNIA 95865-5468
916-929-3653
RSC -IVSD
APR 2 7 ',28$
GENERAL OFFICE
SEATTLE. WASHINGTON
TeIep hone: M6-441,7500
TO— 3996302 BECKSEA
Apri! 26, 7988
Enclosed are two originals of our Professional Services Agreement.
As we discussed, the scope has been designed so that it can include a broad
range of tasks, as requested by the City. If the enclosed meets with your
approval, please have both originals executed on behalf of the City and return
one to Mrs. Willi Hanson in this office.
If you have any questions or instructions, please call nr,
Very truly yours,
R. W. BECK AND ASSOCIATES