HomeMy WebLinkAboutReso 93-016 - Approve & Authorize the Mayor to sign the agreement between COR & PACE Engineering for services for teh refoofing & roof drainage improvements to the Redding Convention Ctr1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
„ BETWEEN THE CITY OF REDDING AND PROFESSIONAL ASSOCIATED
CONSULTING ENGINEERS, INC. (DBA PACE ENGINEERING) IN THE
AMOUNT OF $39,800.00 FOR ENGINEERING SERVICES FOR THE
REROOFING AND ROOF DRAINAGE IMPROVEMENTS TO THE REDDING
CONVENTION CENTER.
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves entering into the above-mentioned Agreement
with Professional Associated Consulting Engineers, Inc. (dba Pace
Engineering) , a true copy of which is attached hereto and
incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is
hereby authorized and directed to sign said Agreement 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 thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 5th day of January , 1993 , and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
City of Redding
ATTEST: FORM PROVED: r`
CONNIE STROHMAYER, ty Clerk L A. HAYS, ity Attorney 6
AGREEMENT
THIS AGREEMENT, made and entered into this day of
1993 , by and between CITY OF REDDING,
Redding, California, hereinafter referred to as the CLIENT; and
Professional Associated Consulting Engineers, Inc. , (dba PACE
Engineering) of 1730 South Street, Redding, California, herein-
after referred to as the ENGINEER.
WITNESSETH
THAT WHEREAS, the CLIENT requires engineering services for
the reroofing and roof drainage improvements to the Redding
Convention Center:
AND WHEREAS, the ENGINEER is duly licensed as a registered
Professional Engineer in the State of California and is qualified
and experienced to provide such engineering services:
NOW, THEREFORE, the CLIENT and the ENGINEER for the
consideration hereinafter named, agree as follows:
ARTICLE I : ENGINEER'S SERVICES
The ENGINEER shall perform those services which are
described in the PACE letter dated December 23 , 1992 a copy of
which is attached hereto as EXHIBIT "A" and incorporated herein
by this reference. The ENGINEER has assumed that the structural
systems of this facility conform with applicable Building Code
requirements and therefore services to analyze, check and improve
the existing structure are excluded herein.
The ENGINEER makes no recommendations or investigations, with
regard to asbestos containing materials as noted within
"LIMITATIONS" in Exhibit "A" .
' I ARTICLE II: ENGINEER'S FEE
II
For services performed the ENGINEER shall be compensated on
the basis of the rates established in the STANDARD CHARGES FOR
PROFESSIONAL SERVICES, effective through December 31, 1993 , a
copy of which is attached hereto as EXHIBIT "B" and incorporated
herein by this reference. The standard charges may not change
except as a result of annual salary increases or decreases. The
maximum engineering fee for the spray applied urethane foam
roofing system shall not exceed an amount of $28, 300 for the
design and inspection services, based on a not-to-exceed total of
344 man-hours.
'I The maximum engineering fee for the metal roofing system shall
not exceed an amount of $39, 800 for the design and inspection
services, based on a not-to-exceed total of 479 man-hours.
The ENGINEER will make reasonable efforts to complete the work
within the total man-hours indicated and will keep the client
informed of progress toward that end so that the total man-hours
or work effort can be adjusted if found necessary.
The ENGINEER is not obligated to provide services beyond the
indicated total man-hours allotted for the roofing system to be
implemented, unless prior authorization is given for work in
excess of the amount shown.
The ENGINEER will perform all work necessary to complete the
project. Work that is outside the scope of services contained in
Article I shall be identified by the ENGINEER and agreed upon by
the CLIENT and the ENGINEER and shall be paid for as extra work
by the CLIENT in the event the maximum fee amount in this agree-
ment is exceeded.
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ARTICLE III : PAYMENT FOR SERVICES
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For services performed on a time and expense basis, the
CLIENT agrees that he shall pay for the services performed by the
ENGINEER as the work progresses, based upon work completed.
Invoices shall be submitted by the ENGINEER at the beginning of
each month for services performed during the previous month.
Payment will be due upon receipt of invoices and shall be made
within a period of 30 days following receipt of invoices.
ARTICLE IV: COMPLETION OF SERVICES
The ENGINEER agrees that he will complete the 90 percent
plans and specifications within a time period of 60 calendar days
beginning with a Notice to Proceed. The final plans will be
completed within 30 days thereafter, providing the CLIENT
completes its review within 10 days. It is agreed between the
parties to this AGREEMENT that the ENGINEER cannot be responsible
for delays occasioned by factors beyond his control, nor by
factors which could not reasonably have been foreseen at the time
the AGREEMENT was prepared.
ARTICLE V: ENGINEER'S RESPONSIBILITY
The ENGINEER agrees that his services shall be performed in
accordance with generally accepted engineering practices, but
makes no other warranty either expressed or implied. The parties
agree that estimated construction cost figures furnished in the
preliminary and completed submittals by the ENGINEER are
estimates only and the ENGINEER is not responsible for fluctua-
tions in cost factors.
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ARTICLE VI: CONTRACT AND CONTRACT PROVISIONS
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This AGREEMENT shall include the City of Redding "General
Provisions" attached as EXHIBIT "C. " The term consultant in that
document shall refer to PACE Engineering.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed this AGREEMENT the day and year first above written.
CITY OF REDDING
APPROVED AS TO FORM:
BY
Mayor
Attorney
PACE ENGINEERING
ATTESTED:
BY
Princip 1 Engineer
Secretary
WP-F/2022 .Agr
Page 1 of 9
EXHIBIT "A"
I
PROPOSAL
FOR
DESIGN OF ROOF RECONSTRUCTION
FOR
REDDING CONVEN-nON CENTER
II '
I)
�I
FOR THE
CITY OF REDDING
December 23, 1992
PACEPr�eaia„al
�ss'O=da
Co�csr�ltveg
ENGIlVEERING
'
Inc° ���
REDDING,GILIFORNTA
EXHIBIT
Protessio Page 2 of 9
PACEAssocia
Consulting
Engineers
ENGINEERING
Incorporated
December 23 , 1992
i 0. 04
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Director of Public Works
City of Redding
760 Parkview Avenue
Redding, CA 96001-3396
Attention: Jerry Aasen, Project Engineer
Gentlemen:
Subject: Proposal for Design of Roof Reconstruction
for Redding Convention Center
We are pleased to be invited to submit a proposal for providing
design services for the re-roofing and retrofitting of the
existing roof drainage system for the Redding Convention Center.
This proposal is in response to your Request for Proposal (RFP) ,
and is based on our review of the RFP,research of roofing
materials, consultation with several roofing contractors and
suppliers, and a walk-through of the facility on December 16,
1992 , conducted by Jerry Aasen and attended by Bob Harp and Larry
Boisclaire of PACE Engineering, among others.
PURPOSE
The purpose of our design services is to develop a functioning
roofing and roof drainage system complete with construction
drawings, specifications and inspection services. The
construction costs for this system shall fit into the available
funding. It was brought to our attention during the walk-through
that the addition of the attached storage area re-roof adjacent
to the stage and the detached mechanical equipment building re-
roof are also to be included in this project with no increase in
the current allocated construction budget.
DISCUSSION
We are in agreement with the RFP that the existing roof system in
its existing state lacks adequate slope, drainage, detailing and
proper roofing materials. These deficiencies, among others, have
attributed to many years of poor roofing performance on the
Convention Center facility. In addition to the drainage system
(piping) being drastically undersized and sparsely located, the
facility is also lacking an overflow system and emergency
1730 SOUTH STREET 9 REDDING• CA 96001 • (916) 244-0202 9 FAX (916) 244-1978
EXHIBIT "A"
Page 3 of 9
Director of Public Works December 23 , 1992
Page 2 0. 04
scuppers. These deficient roofing items, amongst others, will be
redesigned as part of our design services.
We recommend that the City consider using a spray applied
urethane foam roofing system in lieu of the metal and PVC roofing
systems listed in the RFP. Our research indicates that the
urethane roofing system lends itself to this particular facility
more so than the other materials we evaluated which include
,I metal, PVC, built-up, EPDM, and other single ply systems. The
following list describes the major benefits of urethane foam
roofing as it applies to this facility:
• Is easily formed into crickets during application, and
can be built-up to provide positive drainage to force
water into rainwater leaders. This facility currently
has no such system, which accounts for the vast areas
of ponding observed during our walk-through visit.
• In itself this material has an insulation R-value of
approximately 7 per inch of roofing. This benefit is
two-fold in providing a thermal barrier against temper-
ature change and a sound barrier against outside
noises, rain, and hail.
• Ultra-lightweight -- many times less than the existing
roofing. This eliminates the need to analyze the roof
structure for subsequent roofing loads.
• Faster construction than other roofing systems. The
full foam thickness of 1-1/2 inches plus is an integral
monolithic waterproof membrane.
• Adaptability to irregular roof surfaces is easily
achieved.
• Adaptability for slope on dead-level roofs. These
areas exist in the lobby roof, auditorium side roof and
stage side roof.
• Excellent adhesion, capable of resisting up to
3 , 000 PSF uplift resistance.
• Simple flashing details. This is the most significant
characteristic of urethane foam roofing that especially
lends itself to this facility. The areas most
susceptible to leaking occur where the low point of the
roof meets the curb or parapet walls, and around
penetrations. Because this roofing is essentially a
seamless self-flashing system the use of metal flashing
can be omitted.
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EXHIBIT "A"
Page 4 of 9
I .
Director of Public Works December 23 , 1992
Page 3 0. 04
• At approximately $3 . 50 per square foot installed, which
includes $1. 00 per square foot for removing the old
roof, the cost is considerably less than the $350, 000
allocated for the metal and PVC system.
The metal roofing system stipulated in the RFP poses many disad-
vantages that are listed below. It is for these reasons that we
recommend against this system.
• Excessive material and installation costs. In today's
' suffering economy, cost is always a consideration.
Metal roofing costs nearly twice that of foam roofing.
Elevating the metal roofing to achieve adequate
drainage and to clear parapets will necessitate a new
framing system over the existing roof structure to
support this short span roofing material .
• Excessive cost for the new framing system. Again, in
order to provide sufficient drainage with this system
utilization of a framing system to elevate the metal
roofing is necessary. The framing system serves a two-
fold purpose by increasing the roof slope and raising
the roofing above the curbs and parapets. Tear off of
the existing roofing is necessary to adequately support
this framing system.
• Requires analysis of existing structure. Because the
ii framing system rearranges the manner in which the loads
are applied to the existing roof framing, a thorough
structural analysis of the existing roof would be
required to check the capacity of the decking slabs and
i framing. This would have a major impact on the design
services cost.
• Interior gutters (troughs) . Placing water collection
gutters along the inner side of the parapet walls, as a
means of hiding this element from view, may satisfy the
architectural requirements of this RFP; however,
according to the metal roof manufacturers we contacted,
this type of detailing is not recommended and will
greatly increase the susceptibility for roof leaks.
• Seams in low slope roof areas are a source of potential
leaks in any non-monolithic roofing system.
• Added costs. Raising existing equipment curbs,
electrical, and plumbing penetrations to accommodate
the elevated metal roofing are another source of
additional costs.
EXHIBIT "A"
Page 5 of 9
i!
,I Director of Public Works December 23 , 1992
Page 4 0. 04
While metal roofing is long lasting and is a water-tight material
in itself, the deficiencies with this system occur at flashings,
penetrations, gutters, ridges, valleys, equipment curbs, and
other disruptions. These sources of problem areas are prevalent
throughout this facility and are currently contributing to the
problems with the present roofing system.
LIMITATIONS
This proposal was prepared under the assumption that the existing
roofing, insulation and fillers do not contain asbestos. Our
investigative work will not address asbestos materials. It is
our recommendation that the City investigate the existing roofing
system for asbestos as it has been brought to our attention that
some built-up products were manufactured with asbestos during the
period when this building was constructed.
SCOPE OF WORK
PACE Engineering proposes to provide the following services for
the re-roofing of the Redding Convention Center:
PRELIMINARY DESIGN
l. ' Meet with City staff to review the project.
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2 . Review the existing building layout to study the
existing roof slopes and drainage systems.
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3 . Review existing plans and provide supplemental site
visits.
4 . Investigate existing roofing to determine if removal is
necessary.
5. Review the existing drainage around the facility and
the existing storm drain piping system.
6 . Perform drainage calculations to determine the size,
spacing, and location of roof drains, scuppers, and
drain piping.
7. Develop preliminary plans, sketches and details of the
proposed improvements which illustrate how to resolve
the existing drainage and roof membrane problems.
8 . Meet with City staff to reach consensus as to the best
means of resolving the drainage and roof membrane
problems.
'`_ � • EXHIBIT "A"
Page 6 of 9
Director of Public Works December 23 , 1992
Page 5 0. 04
9 . Prepare preliminary cost estimate of sufficient detail
to establish a range of cost for the project.
PREPARATION OF CONSTRUCTION DRAWINGS AND CONTRACT DOCUMENTS:
1. Prepare contract documents (construction plans,
'I specifications and final cost estimate) in accordance
with City of Redding standards.
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2 . Review standard design practices, standard technical
provisions and procedures utilized by the City.
3 . Prepare construction plans on 24-inch x 36-inch inked
mylar stamped and signed by a registered structural
engineer. Provide to City original mylar drawings and
final Autocad drawing on DXF format, on 3=-inch
diskettes.
4 . Prepare technical specifications for the project on
8,-inch x 11-inch paper. Submit specification data
file compatible with WordPerfect 5. 1 on 3=-inch
diskette.
5. Provide four draft sets of both the 90 percent and 100
percent complete plans and specifications.
'i 6. Meet with City staff at 90 percent completion.
it
7 . Meet with City staff at 100 percent completion.
8. Provide 40 sets of completed plans and specifications
to the City.
ASSISTANCE DURING THE BIDDING PROCESS
1. Provide assistance to City personnel during the bidding
period for the purpose of:
• answering questions as required to clarify plans and
specifications
• issue addenda as required
• coordinate and schedule a pre-bid meeting at the
project
• make recommendation on the award of the project
ENGINEERING SERVICES DURING CONSTRUCTION
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Director of Public Works December 23 , 1992
Page 6 0. 04
1. Evaluation of submittals and shop drawings.
2 . Resolve engineering problems during construction which
are related to the plans and specifications provided by
i; the Consultant.
3 . Coordinate with the City inspector on the inspection of
the project.
4 . Provide periodic inspections and tests as required.
TENTATIVE PROJECT SCHEDULE:
DATE TASK
2/01/93 Begin with Preliminary Design subject to Council approval
2/18/92 Submit Preliminary Design and preliminary Cost Estimate
3/31/92 Submit 90-percent - Plans and specifications
4/13/92 Submit 100-percent - Plans and specifications
4/20/92 Submit 40 sets of completed plans and specifications
4/22/92 Advertise for bids
RESPONSIBLE PERSONNEL:
Larry Boisclaire and Bob Harp are both registered civil and
structural engineers and will be responsible for the majority of
the design effort on this project. John Brunemeier is also a
civil and structural engineer and is available should the
schedule mandate his services. These individuals have a total of
47 years experience in the field of structural engineering and a
total of 36 years experience with foam roofing systems. The
anticipated time these individuals will spend on the project are
as follows:
Design Services Inspection Services
(hrs. ) (hrs. )
Individual
Foam Metal Foam Metal
Bob Harp 133 224 111 125
Larry Boisclaire 70 90 20 30
John Brunemeier 10 10
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EXHIBIT "A"
Page 8 of 9
Director of Public Works December 23 , 1992
Page 7 0 . 04
See attached resumes for additional individual qualifications.
! RELATED EXPERIENCE
The following is a list of past key roofing projects that PACE
Engineering has been involved with:
Project Roofing Service Contact Phone #
Shasta Diagnostic Foam Design & Jesse Holland 244-0777
Imaging Center Inspection
Neighborhood Church Foam Design & Pastor Dale 221-5683
Inspection Edwardson
PACE Engineering Foam Design & Dick Newton 1-673-1261
Building Inspection
Harrasser Residence Foam Design Egon 243-5831
Harrasser
Trinity Center School Foam Design Principal 1-266-3342
Recommend.
Shasta College Built- Inspection Dr. Donald 225-4723
up/Foam Spellman
Additional references and projects, along with addresses, will
gladly be provided upon request.
CONSULTANT FEE
The following fees shown in the schedule include labor, expenses,
mark-ups, overhead, and profit. Because the RFP indicates usage
of a metal roofing system a fee schedule has been provided,
although we highly recommend that this system not be used due to
numerous disadvantages previously discussed.
EXHIBIT "A"
i• - . � O Page 9 of 9
Director of Public Works December 23 , 1992
Page 8 0. 04
FOAM ROOFING ESTIMATED FEE ESTIMATED FEE
Work Phase Foam Roofing Metal Roofing
Preliminary Design $ 2 , 625. 00 $ 4 , 850. 00
90% Completion 13 , 125. 00 19, 750. 00
100% Completion 875. 00 1, 200. 00
Bidding Phase 875. 00 1, 200. 00
Inspection 10, 800. 00 $ 12 , 800. 00
TOTALS (NOT TO EXCEED) $ 28, 300. 00 $ 39, 800. 00
CONCLUSIONS
Because PACE Engineering has the largest staff of structural
engineers in this area, we feel that we are best qualified to
accommodate the project schedule and technical designs with
competent and timely service. To our knowledge there have been
no roof failures on projects where we have had the opportunity to
design, inspect the application, and recommend the selection of
the roofing contractor. Additionally, PACE Engineering is a
corporation owned entirely by the active professionals within the
organization. Consequently, all members of the project team
listed are owners and capable of giving the City staff a very
direct client-engineer relationship.
We would be glad to arrange a field trip with you to view local
facilities with foam roofing. Additionally, a demonstration by a
qualified foam roofing contractor could be arranged to
familiarize you with the advantages this material would provide
for this project.
We appreciate this opportunity to familiarize you with the
findings of our preliminary research. We would very much
appreciate the opportunity to participate on this project. For
further information, please call.
Respectful y submitted,
Robert F. Harp
Associate Engineer
i4e � 4.1 �,
Larry E. Boisclaire
Principal Engineer
WP-E/RFH/kbu
enclosures
Professional
VACEAssocia� EXHIBIT "B"
consulll�
Engineers
ENGINEERING
Incorporated
STANDARD CHARGES FOR PROFESSIONAL SERVICES
Effective through December 31 , 1993
LABOR
Titfe/Rating Hourly Charae
Managing Engineer (E-7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00
Principal Engineer (E-6) . . . . . . . . . . . $86.00
Senior Engineer (E-5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $77.00
Associate Engineer (E-4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00
Staff Engineer/Grade 3 (E-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $64.00
Staff Engineer/Grade 2 (E-2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $58.00
Staff Engineer/Grade 1 (E-1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $53.00
Technician 4 - Draftsman/Eng. Tech./Constr. Observer . . . . . . . . . . . . . . . . . . $58.00
Technician 3 - Draftsman/Eng. Tech./Constr. Observer . . . . . . . . . . . . . . . . . . $51.00
Technician 2 - Draftsman/Eng. Tech./Constr. Observer . . . . . . . . . . . . . . . . . . $45.00
Technician 1 - Draftsman/Engineering Aide . . . . . . . . . . . . . . . . . . . . . . . . . . $39.00
Word Processor/Administrative Secretary (Grade 3) . . . . . . . . . . . . . . . . . . . . $36.00
Word Processor/Administrative Secretary (Grade 2) . . . . . . . . . . . . . . . . . . . . $33.00
Word Processor/Administrative Secretary (Grade 1) . . . . . . . . . . . . . . . . . . . . $29.00
Clerk/Typist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23.00
Three-Man Survey Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "5135.00
Two-Man Survey Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "5101 .00
Survey Supervisor-Licensed Land Surveyor . . . . . . . . . . . . . . . . . . . . . . . . . . $62.00
Welding and Structural Steel Fabrication Const. Obs. . . . . . . . . . . . . . . . . . . . $65.00
Soils Technician Including Nuclear Gauge . . . . . . . . . . . . . . . . . . . . . . . . . . . $63.00
lEXPENSES
Incidental Expenses': Charge will be 51/6 of labor fee (plus any
separately identified major expenses)
Meals and Lodging: At cost (out-of-town and overnight work only)
Air Transportation: At cost
Vehicle Transportation: Included in 5% allowance for incidental expenses
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unless specifically indicated otherwise in
Agreement. Hourly labor rates are applicable
during travel to and from jobsite.
Express Mail/Federal Express: At cost
Outside Services & Fees: At cost plus 7% administrative fee
Computers, Plotters and Electronic
Distance Measuring Instruments: Included in incidental expense allowance.
Rates during court appearances and depositions as expert witness will be as set forth in the
Engineering Agreement.
*When prevailing wages are required on public works projects and are greater than normal
wages, survey field rates will be adjusted accordingly by adding additional salary costs plus 15%
for overhead and profit.
• 'Incidental expenses normally included in the 5% fee are as follows: vehicle transportation,
long-distance telephone calls, FAX, normal mailing charges, printing and copying, photos,
recording fees, incidental material purchases, stakes, pins, taxi and limousine fees, tips, and
other similar incidental expenses related to the project. Vehicle mileage will be at $0.30 per mile
1 if shown as a separate pay item in contract.
1730 SOUTH STREET • REDDING, CA 96001 • (916) 244-0202 • FAX (916) 244-1978
W P-G
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XI. CONTRACT PROVISIONS
The following contract provisions are furnished as information to the
Consultant and will be considered as a basis for the agreement between the
Consultant and the City of Redding.
The contract will be a written agreement between the Consultant selected and
the City setting forth scope of work, time line, payment schedules, City
ownership of work, and cost of work. The contract will be fixed with a not-
to-exceed amount unless a change order is approved in advance of additional
work being performed. The contract shall include, but not limited to the
following provisions:
1. Compensation and Method of Payment
Payment would be based on tasks with a not-to-exceed limit for the final
price for each project.
2. Changes
The City may, from time to time, request changes in the scope of the
services of the Consultants to be performed hereunder. Such changes,
including any increase or decrease in the amount of the Consultant's
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compensation which are mutually agreed upon by and between the City and
the Consultant, shall be incorporated in written amendments to this
contract.
3. Terminations of Contract for Cause
If through any cause, the Consultant fails to fulfill in a timely and
proper manner his obligations under this contract or- if the Consultant
violates any of the covenants, agreements, or stipulations of this
contract, the City shall thereupon have the right to terminate this
contract by giving written notice to the Consultant of such termination
and specifying the effective date thereof at least five days before the
effective date of such termination. In such event, all documents,
program specifications, and work papers prepared for the City by the
Consultant becomes the City's property. The City shall pay Consultant a
reasonable amount for any work performed up to the stated effective
termination date subject to verification by the City that said work was
satisfactorily performed.
4. Conflict of Interest
The Consultant agrees that it presently has no interest and shall
acquire no interest, direct or indirect, that would conflict in any
manner or degree with the performance of its services hereunder. The
Consultant further agrees that, in the performance of the agreement, no
person having any such interest shall be employed.
5. Assignability
The Consultant shall not assign any interest in this contract and shall
not transfer any interest in the same (whether by assignment or
novation) without the prior written approval of the City provided;
however, that claims for money due or to become due to the Consultant
from the City under this contract may be assigned to a bank, trust
company, or other financial institution, or to a trustee in bankruptcy,
without such approval . Notice of any such assignment or transfer shall
be furnished promptly to the City.
6. Personnel
a. The Consultant represents that it has or will secure, at its own
expense, all necessary personnel required to perform the services
under this contract. Such personnel shall not be employees of or
have any contractual relationship with agencies providing funds
for the project.
b. All of the service required hereinafter shall be performed by the
Consultant or under its supervision, and all personnel engaged in
performing the services are to be fully qualified and shall be
authorized or permitted under State and local law to perform such
services. All professional personnel , including subConsultants
engaged in performing services for the Consultant under this
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contract, are to be indicated in the personnel listing contained
in the Consultant's proposal attached hereto and incorporated
herein by reference.
C. Except as hereinabove agreed, no other portion of the services nor
any right, title, or interest hereinunder this contract shall be
assigned, transferred, conveyed, or subcontracted without the
prior written approval of the City.
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d. Any changes or substitutions in the Consultant's personnel as set
forth herein must be made known. to the City's- project director;
and the City' s project director shall execute a written approval
before said change or substitution can become effective.
7. Status
Consultant, in accordance with his status as an independent Consultant,
covenants and agrees that he will conduct himself consistent with such
status, that he will neither hold himself out as nor claim to be an
officer or employee of the City, and that he will not make any claim,
demand, or application to, or for any right or privilege applicable to
an officer or employee of the City, including, but not limited to,
worker's compensation coverage, unemployment insurance benefits, social
security coverage or retirement membership credit.
8. Insurance Requirements
CONSULTANTS ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW.
IT IS HIGHLY RECOMMENDED THAT CONSULTANTS CONFER WITH THEIR RESPECTIVE
INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE THE AVAILABILITY
OF INSURANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED
HEREIN.
A. Evidence of Maintenance ReQuired. The Consultant shall , at all
times, maintain in full force and effect the insurance required by
this section. Certificates of insurance and necessary
endorsements evidencing required coverages or policies shall be
filed with the Risk Management Office at least ten (10) days prior
to the beginning of work.
B. Qualifying Insurers. All required insurance policies shall be
issued by companies which hold a current policy holders alphabetic
and financial size category rating of not less than A:VII
according to the most recent issue of Best's Insurance Reports.
C. Insurance Reouired. General liability, professional errors and
omissions liability, automobile liability and workers'compensation
insurance shall be maintained as follows:
1. General Liability 'Insurance. Either (a) comprehensive
general or (b) commercial general liability.
a. Comprehensive General Liability Insurance for bodily
injury (including death) , personal injury, and
property damage which provides limits of not less than
one million ($1,000,000) dollars combined single limit
per occurrence.
or
i
b. Commercial General Liability Insurance for bodily
injury (including death) , personal injury, and
property damage which provides limits of not less than
one million ($1,000,000) dollars general limit per
occurrence and two million ($2,000,000) dollars
general aggregate limit.
In either case, the comprehensive general or commercial general
liability policies shall include coverage or endorsements for:
a. Premises and operations;
b. Contractual liability;
C. Products/Completed Operations with limits of one
million ($1,000,000) dollars per occurrence which is
required to be maintained for a minimum of two (2)
years following acceptance of the work by the City;
d. Independent Consultants; and
e. Personal injury liability. The personal injury
endorsement shall not contain the so-called "a"
(liability assumed under the contract) or "c" (suits
brought by employees) exclusions.
The comprehensive or commercial general liability insurance, and
the automobile liability required below, shall also include the
following endorsements, copies of which shall be provided:
i a. Inclusion of the City of Redding, its officers,
agents, employees and volunteers as additional
insureds as respects services or operations under the
contract.
b. Cross liability and severability of interest clauses
providing that the insurance applies separately to
each insured except with respect to the limits of
liability.
C. Stipulation that the insurance is primary insurance
and that neither the City nor its insurers will be
called upon to contribute to a loss.
2. Professional Errors and Omissions Liability Insurance, in an
amount not less than two hundred and fifty thousand
($250,000).
3. Comprehensive Automobile Liability for bodily injury
(including death) and property damage which provides total
limits of not less than one million ($1,000,000) dollars
combined single limits per occurrence, applicable to all
owned, non-owned, and hired vehicles.
4. Statutory Workers' Compensation and Employer' s Liability
Insurance shall be provided for all employees engaged in
services or operations under the contract. The Employer's
Liability insurance shall provide limits of not less than
one million ($1,000,000) dollars per occurrence. Both the
Workers' Compensation and Employer's Liability policies
shall
contain the Insurer' s waiver-of subrogation in favor of the
City, its officers, agents, employees, and volunteers.
0. Claims Made Coverage. If general liability or professional errors
and omissions insurance is written on a "claims made" basis, the
certificate of insurance must clearly so state, and the following
additional information must be provided:
1. Whether defense coverage is included. in the policy limit
(yes or no) .
2. All aggregate limitation including:
i ) General aggregate, and
ii ) Products/Completed Operations Aggregate.
3. The retroactive date.
4. The .length of time for extended reporting period.
5. Any limitations on invoking the reporting period (other than
nonpayment) .
6. Whether a "Notice of Circumstances" is allowed (yes or no) .
E. Other Insurance Provisions
1. The requirements of these Standard Specifications as to
'i types and limits of insurance. coverage to be maintained by
the Consultant, and any approval of insurance by the City,
are not intended to, and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by
the Consultant or pursuant to the contract, including, but
not limited to, the provisions concerning indemnifications,
'i not preclude the City from taking any other action available
to it under any other provisions of the contract or law.
2. The City acknowledges that some insurance requirements
contained in these Standard Specifications may be fulfilled
it by self-insurance or other combinations of insurance on the
part of the Contractor. However, this shall not in any way
limit liabilities assumed by Consultant under the contract.
Any self-insurance or other combinations on insurance must
be approved in writing by the City, at its sole discretion.
3. Each insurance policy shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty
(30) days prior written notice to the City.
!1
4. The City recognized that not all Consultants may be able to
exactly meet these insurance requirements. While other
options may be considered by the city, greater consideration
will be given to those Consultants who meet the
requirements.
S. The City reserves the right to withhold any progress
payments to the Consultant in the event of non compliance
with any insurance requirements.
9. Ownership, Publications, Reproductions, and Use
All finished documents and materials prepared pursuant to this agreement
are the property of the City. The City shall have the unrestricted
authority to publish, disclose, distribute, and otherwise use, in whole
or in part, any finished reports, data, or other materials prepared
under this agreement.
10. Verbal Agreement or Conversation
No verbal agreement or conversation with any officer, agent, or employee
of the City, either before, during, or after the execution of this
contract, shall affect or modify any of the terms or obligations herein
contained, nor shall such verbal agreement or conversation entitle the
Consultant to any additional payment whatsoever under the terms of this
contract.
11. Indemnification
Consultant agrees to protect, defend, indemnify, and hold harmless the
City, its officers, agents, and employees from and against any and all
liability, damages, claims, suits, liens, and judgments, of whatever
nature, including claims for contribution and/or indemnification, for
injuries to or death of any person or persons, or damage to the property
or other rights of any person or persons arising out of, or alleged to
have arisen from the willful or negligent acts, errors or omissions of
Consultant i.n the performance of the agreement.
Consulas tant's obligation
to protect, defend, indemnify, and hold
hereinabove, shall include any matter arising out of any actual or
alleged infringement of any patent, trademark, copyright, or service
mark, or any actual or alleged unfair competition, disparagement of
'. product or service, or other business tort of any type whatsoever, or
any actual or alleged violation of trade regulations. Consultant
i further agrees to protect, defend, indemnify, and hold harmless the
City, from liability for compensation under- the Worker' s Compensation
Act arising out of injuries sustained by any employee of Consultant.
12. Force Majeure
The Consultant shall not be in default by reason of any failure to
perform this agreement in accordance with its terms (including any
failure by the Consultant to make progress in the performance of the
work hereunder which endangers such performance) if such failure arises
out of causes beyond the control and without the fault or negligence of
the Consultant and its subConsultants. Such causes may include, but are
not restricted or limited to, acts of Goa, or of the public enemy, acts
of the government in either its sovereign or contractual capacity,
fires, floods, epidemics, quarantine, restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure
to perform must be beyond the control and without the fault or
negligence of the Consultant and its subConsultants.
CDf9TRACT AWARD
.j Subsequent to preparation of a draft written agreement between the City and
the Consultant, the contract shall be submitted to the City Council for
approval . If approved by Council , the Consultant will then have ten (10)
working days to submit all the necessary insurance certificates. Once the
certificates are approved, the City will issue a Notice to Proceed and the
Consultant shall then diligently prosecute the work to completion within the
time frame mutually agreed upon by the City and the Consultant.
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