HomeMy WebLinkAboutResolution - 5595 - Contract - SGS Witter Inc - Engineering Services, LP&L TDS - 08_14_1997RESOLUTION NO.5595
Item #48
August 14, 1997
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for Engineering Services for
LP&L Transmission & Distribution Systems, attached herewith, by and between the City of
Lubbock and SGS Witter, Inc., and any associated documents, which Contract shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of August , 1997.
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MAYOR -4 aw'j- ff-r-V �
ATTEST:
, City Secretary
APPROVED AS TO CONTENT:
S -t—M kn',
to
Victor Ki , Purchas g anager
APPROVED AS TO FORM:
Ma4'0-&va
Harold'' Willard, Assistant City Attorney
da/ccdocs/witter.res
August 4, 1997
RESOLUTION NO.5595
Item #48
August 14, 1997
CONSULTING ENGINEERING SERVICES CONTRACT
THIS AGREEMENT, effective as of August 14, 1997, is made by and between
the City of Lubbock, referred herein as City, and SGS Witter, Inc., referred herein as
Contractor.
WITNESSETH
WHEREAS, the City requires engineering consulting services for various projects
associated with Lubbock Power & Light's transmission and distribution system; and
WHEREAS, the Contractor employs registered professional engineers, licensed
by the State of Texas, and maintains a skilled professional support staff; and
WHEREAS, the City desires to contract with Contractor to perform consulting
engineering services for the City.
NOW, THEREFORE, for and in consideration of the terms, covenants and
conditions set forth in this Agreement, the City and Contractor hereby agree as follows:
ARTICLE I.
DEFINITIONS
Section 1.01. The following terms shall have the following respective meanings
for all purposes under this Agreement, unless the context clearly requires otherwise:
Agreement. This Consulting Engineering Services Contract, together with all
exhibits, schedules and attachments, if any.
Effective Date. August 14, 1997.
The City. The City of Lubbock, acting by and through the City Manager, the
Assistant City Manager(s), and/or any other person as may be authorized by said parties
to act in any particular instance under this Agreement.
The Contractor. SGS Witter, Inc.
ARTICLE II.
TERM
Section 2.01. Term of Agreement. The term of this Agreement commences on
the Effective Date and continues without interruption for a term of one year from and
after the Effective Date. The term may be extended for two (2) additional one (1) year
terms with the written agreement of both parties.
Consulting Engineering Service - City of Lubbock & SGS Witter, Inc.
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ARTICLE III.
TERMINATION
Section 3.01. Termination and Remedies. In the event that the Contractor
breaches any term and/or provision of this Agreement the City shall be entitled to
exercise any right or remedy available to it at law or in equity, including without
limitation, immediate termination of this Agreement, assertion of action for damages
and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any other right or remedy and all other rights and
remedies shall be cumulative.
ARTICLE IV.
COMPENSATION
Section 4.01. General. Compensation for work under the Agreement shall be
computed in accordance of one of two methods, described below as Method A or Method
B. Prior to the start of each project the Contractor shall submit written notice of the
choice of compensation methods. Contractor shall not begin work on a requested project
until written notice of acceptance of the compensation method to be used for the project
is provided by City. Contractor shall immediately provide notice to City of any costs or
expenses that exceed the estimate submitted when using Method A or the itemized list
submitted when using Method B. City may direct the contractor to cease work on a
project if the Contractor's costs or expenses exceed the Contractor's estimate or itemized
list.
A. Method A compensation will be on a time and direct expense basis. Hourly
rates for personnel shall be in accordance with the attached Exhibit A. Contractor shall
provide to City, prior to the initiation of any project using Method A, a detailed scope of
work and an estimate of personnel costs and direct expenses. Travel mileage rates shall
be thirty-one cents per mile. Contractor shall provide written notice of any changes to
Exhibit A thirty (30) days prior to the effective date of any change.
B. Method B compensation will be on a fixed cost basis. Contractor shall provide
to City, prior to the initiation of any project using Method B, a detailed scope of work and
list of services, and an itemized listing of personnel costs and direct expenses.
ARTICLE V.
REPRESENTATIONS AND WARRANTIES
Section 5.01. Existence. Contractor is a corporation duly organized, validly
existing, and in good standing under the laws of the State of Texas and is qualified to
carry on its business in the State of Texas.
Section 5.02. Corporate Power. Contractor has the corporate power to enter into
and perform this Agreement and all other activities contemplated hereby.
Consulting Engineering Service - City of Lubbock & SGS Witter, Inc.
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Section 5.03. Authorization. Execution, delivery, and performance of this
Agreement and the activities contemplated hereby have been duly and validly authorized
by all the requisite corporate action on the part of the Contractor. This Agreement
constitutes legal, valid, and binding obligations of the Contractor and is enforceable in
accordance with the terms thereof.
Section 5.04. Contractor. Contractor maintains a professional staff and employs,
as needed, other qualified specialists experienced in the design of transmission and
distribution systems, and are familiar with all laws, rules, and regulations, both state and
federal, including, without limitation the applicable laws, regarding the activities
contemplated hereby.
Section 5.05. Performance. Contractor will and shall conduct all activities
contemplated by this Agreement in a good and workmanlike manner, and comply with all
laws, rules, and regulations, both state and federal, relating to consulting services, as
contemplated hereby. If any of the activities of the Contractor, or omissions of the
activities required herein, shall cause, in whole or in part, liability or loss on the part of
the City, it shall be deemed that the Contractor did not perform said activities (or omitted
the performance of said activities) in a good and workmanlike manner.
Section 5.06. Use of Copyrighted Material. Contractor warrants that any
materials provided by Contractor for use by City pursuant to this Agreement shall not
contain any proprietary material owned by any other party that is protected under the
Copyright Act or any other similar law. Contractor shall be solely responsible for
ensuring that any materials provided by Contractor pursuant to this Agreement satisfy
this requirement and Contractor agrees to hold City harmless from all liability or loss to
which City is exposed on account of Contractor's failure to perform this duty.
ARTICLE VI.
INDEPENDENT CONTRACTOR STATUS
Section 6.01. Relationship. Contractor and City agree that Contractor shall
perform the duties under this Agreement as an independent contractor. The Contractor
has the sole discretion to determine the manner in which the consultation services are to
be performed.
ARTICLE VII.
DUTIES OF CONTRACTOR
Section 7.01. General Duty. Contractor agrees to provide, on an as -needed basis
as determined by the City, consulting engineering services for various projects associated
with Lubbock Power & Light's transmission and distribution system. Anticipated
projects include: substation modifications, capacitor installations, development and
modification of engineering construction standards as well as miscellaneous
modifications to transmission and distribution systems. Anticipated services include:
Consulting Engineering Service - City of Lubbock & SGS Witter, Inc.
project design, electrical analysis including flow and short circuit, specification
development, observation of LP & L construction forces, field services including facility
observation, data collection, staking, daily project conferences, computer services
including CAD drawings, and development of load flow models on LP & L owned
software.
Section 7.02. Confidentiality. Contractor agrees to retain all information
received from or concerning the City and the City's business in strictest confidence and
shall not reveal such information to third parties without prior written consent of the City,
unless otherwise required by law.
Section 7.03. Employment of Agents. Contractor may employ or retain agents,
consultants, contractors, or third parties, to perform certain duties of Contractor under this
Agreement provided that Contractor is in no event relieved of any obligation under this
Agreement. Any such agents, contractors, or third parties retained and/or employed by
Contractor shall be required to carry, for the protection and benefit of the City and
Contractor and naming said third parties as additional insureds, insurance as described in
Section 7.04.
Section 7.04. Insurance. Contractor shall procure and carry, at its sole cost and
expense through the life of this Agreement insurance protection hereinafter specified, in
form and substance satisfactory to the City, carried with an insurance company
authorized to transact business in the State of Texas, covering all operations in connection
with this Agreement, whether performed by the Contractor, subcontractor, agents, or third
parties. A Certificate of Insurance specifying each and all coverage shall be submitted to
City prior to the execution of this Agreement. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided fifteen
(15) days in advance of cancellation or change. All policies shall contain an agreement
on the part of the insurer waiving the right to subrogation.
A. Commercial General Liability Insurance. Contractor shall have commercial
general liability insurance with limits of $1,000,000.00 combined single limit in the
aggregate and per occurrence. The City shall be named as the additional insured in such
policy.
B. Comprehensive Automobile Liability Insurance. The Contractor shall have
comprehensive automobile liability insurance, with limits of not less than bodily
injury/property damage of $500,000.00 combined single limit to include all owned, non -
owned, hired, or scheduled vehicles. The City shall be named as an additional insured in
such policy.
C. Professional Errors and Omissions Liability Insurance. Contractor shall have
professional errors and omissions liability insurance with limits of not less than
$500,000.00 each claim and in the aggregate.
Consulting Engineering Service - City of Lubbock & SGS Witter, Inc.
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D. Excess Liability Insurance. The contractor shall obtain Excess Liability
(Umbrella Form) Insurance naming the City as insured, in the amount of $1,000,000.00
per occurrence.
E. Worker's Compensation and Employer's Liability Insurance. Contractor shall
obtain worker's compensation and employer's liability insurance coverage as required by
statute.
The Contractor shall require each subcontractor with whom it contracts to provide
activities as contemplated by this Agreement, to obtain proof of insurance coverage as set
forth herein, and to provide to contractor, prior to such person performing any such
activities, a Certificate of Insurance establishing such coverage.
Section 7.05. Records. Contractor shall maintain records and retain receipts for
expenses which are either necessary (i) to substantiate the services provided by
Contractor or (ii) to document any business expenses incurred in performing the services.
Section 7.06. Audit. Contractor shall provide access to its corporate books and
records to the City. Furthermore, City may audit, at its expense and during normal
business hours, Contractor's books and records with respect to any and all Agreements
between Contractor and City.
Section 7.07. Conflict of Interest. Contractor shall establish safeguards to
prohibit its officers, employees, or agents from using their positions for a purpose that is
or gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business or other ties.
Section 7.08. Ownership of Work Product. All materials whether furnished to
the Contractor by the City or prepared, compiled or acquired by the Contractor during
and in connection with this Agreement shall be the property of the City. Contractor
agrees that all intellectual property that are conceived, developed, written or contributed
to by Contractor pursuant to this Agreement, either individually or in collaboration with
others, shall belong to and be the sole property of the City. Contractor further agrees that
all rights in work prepared or performed by Contractor pursuant to this Agreement,
including patents and copyrights applicable to any intellectual property shall belong
exclusively to City and shall constitute "works made for hire" for purposes of copyright
law.
Section 7.09. Site Safety. City may engage Contractor for on site construction
observation services where an independent construction contractor has been selected by
City. The construction contractor shall be solely responsible for ensuring that proper
safety practices are followed by all personnel at the construction site.
Consulting Engineering Service - City of Lubbock & SGS Witter, Inc.
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ARTICLE VIII.
DUTIES OF THE CITY
Section 8.01. General Duty. The City agrees it will provide reasonable access to
LP & L facilities, equipment and personnel to SGS Witter, Inc.
Section 8.02. Payments. The City agrees to pay Contractor within thirty (30)
days of periodic invoice in accordance with the charges stipulated to in Exhibit A.
Section 8.03. Reuse of Work Product. The City agrees not to reuse designs
produced by Contractor, pursuant to this Agreement, without first obtaining Contractor's
permission.
ARTICLE IX.
COMPLIANCE WITH APPLICABLE LAWS
Section 9.01. Compliance. Contractor shall comply with all applicable federal,
state and local laws, statutes, ordinances, rules and regulations relating, in any way,
manner or form, to the activities under this Agreement, and any amendments thereto.
ARTICLE X.
INDEMNITY
Section 10.01. General Indemnity Provision. SGS Witter, Inc. shall indemnify
and save harmless the City of Lubbock and its officers, agents, and employees from all
suits, actions, losses, damages, claims, or liability of any character, type, or description,
including without limiting the generality of the foregoing all expenses of litigation, court
costs, and attorney's fees for injury or death to any person, or injury to any property,
received or sustained by any person or persons or property, arising out of, or occasioned
by, the acts of SGS Witter, Inc., its agents or employees, in the execution of this contract.
Section 10.02. Indemnity Exception. Contractor is not obligated to indemnify the
City in any manner for the City's own negligence.
ARTICLE XI.
NOTICE TO PARTIES
Section 11.01. Notice. Whenever notice from contractor to City or City to
Contractor is required or permitted by this Agreement and no other method of notice is
provided, such notice shall be given by (1) actual delivery of the written notice to the
other party by hand, (2) facsimile, or other reasonable means (in which case such notice
shall be effective upon delivery), or (3) by depositing the written notice in the United
States mail, properly addressed to the other party at the address provided in this article,
registered or certified mail, return receipt requested, in which case such notice shall be
effective on the third business day after such notice is so deposited.
Consulting Engineering Service - City of Lubbock & SGS Witter, Inc.
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Section 11.02. Contractor's Address. Contractor's address and numbers for the
purposes of notice are:
SGS Witter, Inc.
Attn. Steve Owens
P.O. Box 53969
Lubbock, Texas 79453
Tel (806) 795-6827
Fax (806) 795-7526
Section 11.03. City's Address. The City's address and numbers for the purposes
of notice are:
Lubbock Power & Light
Attn: Wayne Hicks, P.E.
P.O. Box 2000
Lubbock, TX 79457
Tel (806) 767-2552
Fax (806) 741-1069
Section 11.04. Change of Address. Either party may change its address or
numbers for purposes of notice by giving written notice to the other party, referring
specifically to this Agreement, and setting forth such new address or numbers. The
address or numbers shall become effective on the 15th day after such notice is effective.
ARTICLE XII.
MISCELLANEOUS
Section 12.01. Captions. The captions articles and sections in this Agreement are
inserted in this Agreement strictly for the parties' convenience in identifying the
provisions to this Agreement and shall not be given any effect in construing this
Agreement.
Section 12.02. Assignability. This Agreement may not be assigned by Contractor
without the prior written approval of the City.
Section 12.03. Successors and Assigns. This Agreement binds and inures to the
benefit of the City, Contractor, and their respective successors, legal representatives, and
assigns.
Consulting Engineering Service - City of Lubbock & SGS Witter, Inc.
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Section 12.04. Construction and Venue. THIS AGREEMENT SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY
CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS
OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF
ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE ACTIONS CONTEMPLATED HEREBY.
Section 12.05. Severability. If any provision of this Agreement is ever held to be
invalid or ineffective by any court of competent jurisdiction with respect to any person or
circumstances, the remainder of this Agreement and the application of such provision to
persons and/or circumstances other than those with respect to which it is held invalid or
ineffective shall not be affected thereby.
Section 12.06. Amendment. No amendment, modification, or alteration of the
terms of this Agreement shall be binding unless such amendment, modification, or
alteration is in writing, dated subsequent to this Agreement, and duly executed by the
Contractor and City.
Section 12.07. Entire Agreement. This Agreement, including Exhibit A hereto,
contains the Entire Agreement between the City and Contractor, and there are no other
written or oral promises, conditions, warranties, or representations relating to or affecting
the matters contemplated herein.
EXECUTED as of the effective date hereof.
CITY OF LUBBOCK
WINDY SIT ON, MAYOR
/644 L
Ka Darnell
City ecretary
SGS WITTER, INC.
Zt-
NAME: DONALD G . GRAY
TITLE: EXECUTIVE VICE PRESIDENT
Consulting Engineering Service - City of Lubbock & SGS Witter, Inc.
APPROVED AS TO CONTENT
Way& Hicks
Superintendent of Electrical Distribution
Lubbock Power & Light
APPROVED AS TO FORM
William de Haas
Assistant City Attorney
Consulting Engineering Service - City of Lubbock & SGS Witter, Inc.
9
ATTACHMENT A
1996 BILLING RATES
LUBBOCK OFFICE
Page 1 of 2
Cateeory
Rate
Personnel (As of 6-1-97)
Senior PE/Principal 5
84
Senior PE/Principal 4
76
Senior PE/Principal 3
71
Steve
Senior PE/Principal 2
65
Senior PEJPrincipal 1
58
Don, Gene
Professional Engineer 5
71
Professional Engineer 4
65
Professional Engineer 3
59
Professional Engineer 2
54
Professional Engineer 1
49
Engineer 5
60
Engineer 4
54
Engineer 3
49
Donny, Travis
Engineer 2
45
Engineer 1
41
Kurt
Registered Land Surveyor 5
69
Registered Land Surveyor 4
63
Registered Land Surveyor 3
57
Registered Land Surveyor 2
52
Registered Land Surveyor 1
47
Party Chic0r. Field Staff 5
44
Galen
Party Chief 4
41
Party Chief 3
39
Party Chief 2
36
Party Chief 1
34
Chief Technician 5
53
Chief Technician 4
49
Chief Technician 3
45
Charley
Chief Technician 2
43
Chief Technician 1
40
Senior Technician 5
45
Senior Technician 4
42
Senior Technician 3
39
Senior Technician 2
37
Randy, Luis
Senior Technician 1
34
Technician 5
38
Technician 4
35
Technician 3
34
Pete, Sally
Technician 2
31
Technician 1
29
A-1
Labbock office Billing Rates
Page 2 of 2
Caate
Associate Technician 5
31
Associate Technician 4
29
Associate Technician 3
27
Associate Technician 2
25
Associate Technician 1
24
Office Staff 5
34
'Office Staff 4
32
Office Staff 3
30
Office Staff 2
28
Office Staff 1
26
Steno 5
26
Steno 4
24
Steno 3
23
Steno 2
21
Steno 1
20
Personnel
Heath. Jose
Judy
Addie
SPECIAL NOTES:
• These rates are valid through valid thru 12-31-97
• Direct expenses (including subconsultants) will be billed at cost + 10%
• Vehicle mileage will be billed at $0.33 per mile for 1997
A-2
w
1996 BILLING RATES
ALBUQUERQUE OFFICE
Ca
Rate
Senior PE/Principal 5
84.20
Senior PE/Ptincipal 4
75.30
Senior PE/Principal 3
68.40
Senior PETritncipal 2
62.20
Senior PE/Principal 1
56.60
Professional Engineer 5
71.40
Professional Engineer 4
64.90
Professional Engineer 3
58.90
Professional Engineer 2
53.70
Professional Engineer 1
48.70
'Engineer 5
59.80
Engineer 4
54.30
Engineer 3
49.20
Engineer 2
44.80
Engineer l
40.80
Registered Land Surveyor 5
69.20
Registered Land Surveyor 4
62.90
Registered Land Surveyor 3
5710
Registered Land Surveyor 2
51.90
Registered Land Surveyor 1
47.30
Party Chief 5
44.30
Party Chief 4
41.30
Party Chief 3
38.60
Party Chief 2
36.10
Party Chief 1
33.90
Chief Technician 5
52.90
Chief Technician 4
49.20
Chief Technician 3
45.10
Chief Technician 2
43.20
Chief Technician 1
40.30
Senior Technician 5
45.10
Senior Technician 4
42.20
Senior Technician 3
39.40
Senior Technician 2
36.90
Senior Technician l
34.40
Technician 5
37.90
Technician 4
35.40
Technician 3
33.70
Technician 2
31.00
Technician 1
28.90
Associate Technician 5
31.10
Associate Technician 4
29.00
Associate Technician 3
27.20
Associate Technician 2
25.40
Associate Technician 1
23.60
Page 1 of 2
ersonnel
Bob
Jim, Dick, George, Mike
Joe
Laurie
Charles,George,Charles Du.
Cat
Glenn
Peter
A-3
Page 2 of 2
Ca
,ate ersoiuie1
Office Staff 5
34.40
Office Staff 4
32.20 Judy
Office Staff 3
30.00 Shmm
Office Staff 2
29.20
Office Staff 1
26.20
Steno 5
26.60
Steno 4
24.80
Steno 3
23.10
Steno 2
21.70
Steno 1
20.20
A-4