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Resolution No. 6923 RESOLUTION NO. 6923 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT 4 BY AND BETWEEN THE CITY OF VERNON AND R. W. BECK, INC. FOR ELECTRICAL DISTRIBUTION SYSTEM 5 ANALYSIS 6 WHEREAS, the City of Vernon desires to retain the 7 services of an engineering firm to provide professional services 8 for an analysis of the City of Vernon's electrical distribution 9 system; and 10 WHEREAS, R. W. Beck, Inc. is a licensed engineering firm 11 which has specialized knowledge and experience with electrical 12 systems and is qualified to provide review, analysis, plans, cost 13 estimates, and engineering services for such purpose; and 14 WHEREAS, the Director of Light and Power has recommended 15 that the City of Vernon enter into an agreement with R. W. Beck, 16 Inc. to provide for said electrical distribution system analysis. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 18 THE CITY OF VERNON AS FOLLOWS: 19 SECTION 1: The City Council of the City of Vernon 20 hereby finds and determines that the recitals contained 21 hereinabove are true and correct. 22 SECTION 2: The City Council of the City of Vernon 23 hereby approves the Professional Services Agreement, R. W. Beck, 24 Inc., a copy of which has been presented to the City Council 25 concurrently with this resolution, and the City Council hereby 26 orders said Agreement to be received and filed by the City Clerk. 27 SECTION 3: The City Council of the City of Vernon 28 hereby authorizes the Mayor and the City Clerk to execute said .' . , . ~ r '10 ?\ 1 Agreement for, and on behalf of, the City of Vernon. 2 SECTION 4: The city Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and 3 4 thereafter the same shall be in full force and effect. 5 APPROVED AND ADOPTED this 18th day of February, 1997. 6 ~ " ~ /'~- AZf~ /#~ . BRUCE V. MALKENHORST, City Clerk 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- .~ .' .. II ~ -r; 'r " 1 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) 2 3 I, BRUCE V. MALKENHORST, city Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 6923, was duly adopted by the city Council of the City of Vernon at a regular meeting of the City Council duly held 6 7 on Tuesday, February 18, 1997, and thereafter was duly signed by 8 the Mayor of the City of Vernon. 9 ~ 10 BRUCE V. MALKENHORST, city Clerk 11 (SEAL) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- INTER-OFFICE MEMORANDUM DATE: March 5, 1997 T0: Kenneth DeDario, Director of Light and Power FROM: Gloria Orosco 'ef Deputy City Clerk SUBJECT: R.W. BECK AGREEMENT - ELECTRICAL DISTRIBUTION SYSTEM ANALYSIS Attached hereto is a fully executed'Wapdedato thegappropriate above-referenced agreement to be for person at R. W. Beck. I have retained one duplicate original for our files. GJO/hr , Attachment r1 PROFESSIONAL SERVICES AGREEMENT ~ RWB 201R PROJECT NO. 12-00343-10000 CLIENT NO. 001595 DATE: February 18,1997 CLIENT NAME: City of Vernon ADDRESS:. 4305 Santa Fe Avenue Vernon, California 90058 PROJECT: Electrical Distribution System Analysis PART I -Scope of Services R. W. Beck, Inc., (Consultant) will provide services to the City of Vernon (Client) as set forth. in Attachment I dated February 14,1997. PART I I -Schedule: As set forth in Attachment II dated February 14,1997. PART JJI -Compensation: See Attachment III dated February 14,1997. PART IV -Commercial Terms and Conditions -See attached R. W. Beck203R. PART V -Special Provisions: Section 14(c) of the Commercial Terms and Conditions 203R is replaced with: This. Agreement shall be governed by,, and construed in accordance with, the laws of the state of California. Approved for CITY OF VERNON Approved for R. W. BECK, INC. Typed: Leonis C. Malburg Typed: Bruce A. Barrett Title: Mayor Title: Director of Clinet Services, ETPF ATTEST: By: ~ f`~ , Bruce V. Malkenhorst, City Clerk APPROVED AS TO FORM: By: , C~ David B. Brearley, City A rney ATTACHMENT I FEBRUARY 14,1997 CITY OF VERNON ELECTRICAL DISTRIBUTION SYSTEM ANALYSIS PART I -SCOPE OF SERVICES INTRODUCTION R. W. Beck will provide engineering services to perform reviews of the existing electrical distribution system of the City of Vernon, develop conceptual plans for. any recommended alternative system improvements, perform evaluations. of any proposed improvements, prepare planning-level construction cost estimates for the alternative. improvement plans, and develop plans for the implementation of the preferred improvements. WORK PLAN Task 1.0 Field Review and Data Collection Some initial system-data were sent to us; however, additional system data will be required from the Department for evaluation and development of alternatives. 1.1 Distribution System Data. Collect data on substation arrangement, feeder circuit breakers, feeder configuration, capacitor bank locations, and sectionalizing devices, from Department of Light & Power (Department) staff based on a request for data prepared by R. W. Beck. 1.2 Field Survey. Perform a visual survey of the existing substation facilities of the Department by the project manager. 1.3 Staff Interviews. Conduct interviews with key engineering and operations employees in conjunction with the field surveys. to ascertain concerns or special priorities for the studies and evaluation of alternatives. 1.4 Establish Planning Criteria. Develop planning assumptions and criteria with Department staff to be used in the electrical system analysis and improvement planning. KTOC315.doc R. W. Beck 1 ATTACHMENT I FEBRUARY 14,1997 ~i CITY OF VERNON ELECTRICAL DISTRIBUTION. SYSTEM ANALYSIS Task 2.0 Existing System Reviews Reviews of the existing electrical distribution system will be performed for both normal and contingency conditions. 2.1 Substation .Loading. Reviews will be made of the recent peak demand loading for the substation transformer banks at Vernon and Leonis Substations under both normal and typical contingency conditions. 2.2 Feeder Conditions. Reviews will be made of the load capacities and recent peak demands of all 7-kV and 16-kV distribution feeders to determine remaining available .feeder capacity. Task 3.0 Load Growth Review Reviews will be made of the existing load forecast data and growth assumptions provided by the Department's staff. 3.1 Historical Load Data.. Obtain. and review load data for the distribution system and major loads for previous five years. 3.2 Major Load Changes. Review the development projections provided by the City and the :estimated electrical load requirements. 3.3 Electrical Load Projections. Review the electrical load-growth alternative projections developed by the Department. Task 4.0 Alternative Plans Analysis Conceptual construction plans and cost estimates will be developed for alternative improvement plans for the existing system. 4.1 Proposed Improvements. The 16-kV distribution feeders will be reviewed to determine areas where major improvements, or conversions from the 7-kV feeders, will be recommended. 4.2 Conceptual Construction Plans.. Conceptual construction plans will be developed for alternatives recommended to meet projected load growth, which may include distribution feeder improvements and substation additions. The alternatives will include -both. the. expansion of the existing Vernon and Leonis Substations, the construction of one or more new substations, and the mixture of both limited expansion and new construction. icrocai5.ao~ R. W. Beck 2 ATTACHMENT I FEBRUARY 14,1997 CITY OF VERNON ELECTRICAL DISTRIBUTION SYSTEM ANALYSIS 4.3 Proposed Improvement Evaluations.. Evaluations will be made of the. proposed distribution system and substation improvements. 4.4 Cost Estimates. Preliminary planning costestimates and budgetary data will be prepared for the proposed construction alternatives. 4.5 Improvement Exhibits. Data tables, sketches, and review exhibits will be prepared for the alternative improvement plans. 4.6 Time Requirements. Time required to perform the distribution feeder improvements will be reviewed with regard to resources required. 4.7 Improvement Plans. Improvement plans will be organized in coordination with the tune requirements. Task 5.0 Preliminary and Final Report The City of Vernon will be presented with a report that provides the recommendations for improvements to the electrical distribution system. 5.1 Preliminary Report. Prepare a preliminary report with improvement exhibits and planning-level cost estimates for review by Department staff. 5.2 Review Conference Call. R. W. Beck will schedule and conduct one or more conference calls as needed with the City's Project Engineer to review the preliminary improvement plan. 5.3 Final Report. A final report for the Improvement Plan will be produced that takes into consideration the comments of the Department staff. Task 6.0 Additional Services Additional services will be provided if mutually agreeable as to task and fee, and only as approved in advance by the Vernon City Council. DELIVERABLES 1. Request for data. 2. Immediate review comments. 3. Improvement plans with attached exhibits. 4. Preliminary construction cost estimates. 5. Preliminary report. 6. Final Distribution System Study Report. icrocsis.ao~ R. W. Beck 3 ATTACHMENT I FEBRUARY 14,1997 CITY OF VERNON ELECTRICAL DISTRIBUTION SYSTEM ANALYSIS WORK PLAN ASSUMPTIONS 1. The data required for the system analysis can be obtained readily by R. W. Beck from the Department. 2. Formal correspondence will be between Kevin T. O'Connor, Project Manager for R. W. Beck and J. Richard Sweeney, Project Engineer for the City. of Vernon. Informal telephone contact will be between designated R. W. Beck staff and the City's Project Engineer. 3. Specific new major loads, and overall load growth projections by area will be provided by the Department. 4. Confidentiality of the data provided by the City regarding the electric system and any of the City's. customers will be strictly observed. 5. The generation facilities owned and operated by the City at Vernon Substation will not be involved in this study. (END OF ATTACHMENT I) icrocai5.ao~ R. W. Beck 4 ATTACHMENT II FEBRUARY 14,1997 CITY OF VERNON ELECTRICAL DISTRIBUTION SYSTEM ANALYSIS PART II -SCHEDULE The preliminary report will be delivered within 36 calendar days after issuance of the notice to proceed. The final report will be delivered within three .work days after Department approval of the preliminary report.. {END OF ATTACHMENT Il) . icrocaie.ao~ R. W. Beck 1 .ATTACHMENT III FEBRUARY 14,1997 CITY OF VERNON ELECTRICAL DISTRIBUTION SYSTEM ANALYSIS PART III -COMPENSATION R. W. Beck proposes to furnish engineering .services to the Department for this electrical distribution system analysis as described in the work plan above for anot-to-exceed maximum of $29,600. The following is our estimate of the effort per task. Task Description Staff Hours itevenue 1 Field Review and Data Collection 34 $ .3,550 2 Existing System Reviews 70 6,080 3 -Load Growth Review 24 2,560 4 Alternative Plans Analysis 136 11,080 5 Preliminary and Final Report 54 3,930 Total Labor 318 27,200 Expenses 2,400 Project Total $29,600 The following table is our estimate of labor effort per staff. member. Some substitution of -hours by other R. W. Beck qualified staff may be required. Monthly billing, up to the authorized maximum, will be based on actual staff and hours used. Staff Member Project Function Staff Hours Billing Tom Beckett. Operations Director 8 $1,105 Kevin O'Connor Project Manager 68 8,155 Joe Horvath Super. Electrical Engr -Studies 48 4,490 John Bakken Super. Electrical Engr -Subs. 8 875 Richard Cuthbert Principal Economist 16 1,920 KC Fagen Project Engineer 64 5,595 Sophie Lim Assistant Engineer 16 985 Comp. Aided Drafter - Jr. 44 2,250 Word Processing 20 955 Clerical 26 870 Total Labor 318 $27,200 rcrocai~.ao~ R. W. Beck 1 ATTACHMENT III FEBRUARY 14,1997 CITY OF VERNON ELECTRICAL DISTRIBUTION SYSTEM ANALYSIS PAYMENT TERMS Upon submission of .monthly invoices, the Client shall .pay Consultant an amount equal to the actual hours of services furnished multiplied by the Consultant's current hourly rates and a factor of 3.3. The Client and Consultant acknowledge that the scope of services for this Agreement cannot be accurately defined. Accordingly, the total amount to be paid by the Client for services and expenses hereunder shall not exceed a budget ceiling of twenty-nine thousand six hundred dollars ($29,600) without obtaining the prior written authorization of the Client. Additionally, the Client shall.-reimburse Consultant monthly (1) at cost plus 10% for services of any Subconsultant or Subcontractor and (2) at cost or then current rates for all expenses incurred by Consultant directly chargeable to services furnished under this Agreement. Such expenses shall include, but are not limited to, the following: (a) Communications (postage, fax, long distance telephone expenses) (b) Computers and automated drafting systems (at the applicable rates as of the date of invoice) (c) Printing, reproduction and binding (at the applicable rates as of the date of invoice) (d) Reasonable travel and living expenses for personnel (e) Other direct expenses related to services furnished. (END OF ATTACHMENT III) rcrocal9.ao~ R. W. Beck 2 PART IV -COMMERCIAL TERMS AND CONDITIONS RWB-203R AMENDED 1. Independent Contractor: In the performance of $1,000,000. Upon request, Consultant will provide services hereunder, Consultant is an independent contractor insurance certificates to the Client and shall not be considered an employee of the Client. Unless specifically identified .otherwise in the Scope of 6. Indemnification: Following operation of applicable Services, the services performed by Consultant under this rights of contribution, Consult<vit agrees to indemnify and Agreement are solely for the benefit of Client. Nothing hold harmless Client and its officers, employees, and partners contained in this Agreement shall create any duties on the from and against any and all loss, damage, claim; or liability part of Consultant toward any person not a party to this (including without, limitation, reasonable attorneys' fees) by Agreement .any third .parry to the extent arising out of Consultant's .negligent acts, errors, or omissions, including claims made by 2. Standard of Care: The standard of care applicable to .employees of Consultant. Consultant explicitly and expressly Consultant's services will be the degree of skill and diligence waives any right it has to immunity under applicable normally practiced by professional engineers or consultants industrial insurance laws with respect to any action against performing the same or similar services. No other warranty Client and agrees to assume liability for actions brought by its or guarantee, expressed or implied, is made with respect to own employees against Client as provided above. the services furnished under this Agreement and all implied Following operation of applicable rights of contribution, warranties are hereby disclaimed. Client agrees to indemnify and hold harmless Consultant and its direcrors, officers, employees, and subcontractors from 8. Scope and Schedule Changes: The proposed fees and against any and all loss, damage, claim, or liability constitute Consultant's estimate of the effort and charges required to complete the Scope of Services as Consultant (including, without limitation, reasonable attorney'sfees) by understands it to be defined. Services not. expressly set forth any third party to the extent arising out of Client's negligent acts, errors, or omissions, including claims made by in this Agreement are excluded from the scope. If any employees of Client. Client explicitly and expressly .waives change alters the Scope of Services or affects the schedule or any right it has to immunity under applicable industrial Consultant's costs hereunder, Consultant shall promptly insurance laws with respect to any action against Consult~int notify Client of the situation and Consultant's schedule and and agrees to assume liability for actions brought by its own compensation shall be equitably adjusted. If the Consultant employees against Consultant as provided above. is delayed in performing its services hereunder by any act of war, force majeure, or other circumstance beyond its control, 7. Limitation of Liability: The total aggregate liability of then the schedule of performance shall he extended for the the Consultant to the Client (or any and all claims, whether number of days as the occurrence delays performance and caused by negligence, errors, omissions, strict liability, breach the compensation limits under the Agreement shall be of contract or contribution, or indemnity claims based on equitably adjusted, if necessary, to compensate Consultant third party claims, shall not exceed proceeds of insurance for any additional costs due to the delay. required to be maintained under this Agreement. 4. Financing Charges for Late Payments: If the Client 8. Consequential Damages: Consultant and its fails to pay undisputed invoiced arnounts within 30 days after subcontractors shall not be liable to Client for any interest, delivery of invoice, additional charges shall become due and loss of anticipated revenues, earnings, profits, increased payable at a rate of 1-1/2 percent per month (or the expense of operations, loss by reason of shutdown or non- maximum percentage allowed by law, whichever is lower) on operation due to late completion or otherwise, or for any the unpaid amounts. Any financing charges due from the consequential damages. Client on past due invoices are outside any maximum billing amounts established for this Agreement grid shall not be 9• Termination: Either party may terminate this included in calculating the maximum. All payments shall first Agreement at any time by giving seven (7) days' written be credited againsC any accrued interest. I( the Client fails to notice to the other party. In the event of termination, Client pay undisputed invoiced amounts within 60 days after shall pay Consultant for all services rendered to the date of delivery of invoice, Consultant, at its sole discretion, may termination plus reasonable expenses for winding down the suspend work hereunder without incurring any liability or services. waiving any right established hereunder or by law. 10. Reuse of Work Products: cif-ch~zirrrerrts,-irrLkrtiing 5. Consultant Insurance: Consultant shall maintain °x~'"~~~~~~~~"~'~e'frezrt~er~s'~frefd--r~1~~c~ kT°C" workers' compensation insurance and employer's liability, 2 I y (47 professional liability, commercial general liability (bodily ~~~~*Of#its-}a~~rt""~'~~c~we~ar~~rear~c~1-s#~I' injury and property damage), and comprehensive automobile ~ar+~a.ua-the.-pxe-f.~.~C-c~.El~~ltaA~. Consultant may, at its liability (bodily injury and property damage) insurance, with sole discretion, copyright any of the Work Products; provided each policy having maximum limits of not less than that copyrighting will not restrict Client's right to use the 203 R. DOC 1 1 /96 RWB-203R Work Products as provided im this Agreement. T-he-~b`ork K.~o L -P~eEir~c-t~sha~~e~~usec~-fe~pw'{aese~sl~~tt~a.ttu~se.se~ 2 I ~j ~ fext~i~.tk~is-Agee.Farx~n.t.witV~nuttl~e..princ~crritterLapfuayaLQ.f Eorrs~~am~--+f-9c~ftwe~e--i~~?te-eF-e~~ee-teal-4e--be Efevelo~ec~-~--t#pis.-,ogre®ra~ut~-a__sc~itsnrar~_lirense ~e;.^.,.^.~cra~ rahlr~ ~..S.:ors?+1t~r~s1~11...b~e~cecuteclJiy Elien~. _ 11. Information Provided by Others: Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services hereunder.' Consultant may rely on the accuracy of information provided. by Client and its representatives, 12. minions of Cost: Consultant does noCcontroLthe cost of labor, materials, equipment, or services. furnished by others, nor does it control pricing factors used by others to accommodate inflation, competitive bidding, or market conditions. Consultantestimates of operationexpenses and construction costs represent its best judgment as an experienced and qualified professional engineer and are not a guarantee of cost. 13. Dispute Resolution: Any dispute or action under this Agreement valued at less than $200,000 (exclusive of interest and costs) shall be mediated by a professional mediator. If mediation does not settle the dispute, it shall be subject to arbitration under the rules governing commercial arbitration as promulgated by the American Arbitration Association. In - any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover; as part'of its judgment, reasonable: attorrieys' fees and associated necessary costs: 14. Miscellaneous:. (a) This Agreement is binding upon and will inure `to the benefit of the Client and the Consultant and their respective successors and assigns:' Neithet party may assign its rights or obligations hereunder without the prior written consent of the other party. (b) If any provision of this Agreement is invalid or unenforceable,.. the remainder of this Agreement shall continue in full force and effect and the provision declared .invalid' or unenforceable shall continue as to other - circumstances. (c) This Agreement shall be governed by, and construed in accordance wit}, the laws of the State of Washington. (d) This Agreement may not be amended except by written amendment signed by both parties. END PART IV 203 R. DOC 2 1 /96 FORM-702 CITY OF VERNON ate To ~ From Please: ? pare reply for my ? As requested ? Attend to signature p Foryour comments Note and return ? Send me information and sug0eations ? Note and forward to rsqulred to answer ? poesatteched meet Files ? Foryourimformatlon with yourapproval7 ? See (phone) mere ? Asperconvereation ? 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