HomeMy WebLinkAboutReso 93-304 - Approve MOU & Inc Schedule of Perf between COR & State of Calif, Acting by & throught the Dir. of the Dept of Gen Services, for improvements to certain parcel at Benton Airport RESOLUTION NO. 9 . ' -I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING APPROVING THE MEMORANDUM OF UNDERSTANDING AND
INCORPORATED SCHEDULE OF PERFORMANCE BETWEEN THE CITY
OF REDDING AND THE STATE OF CALIFORNIA, ACTING BY AND
THROUGH THE DIRECTOR OF THE DEPARTMENT OF GENERAL
SERVICES, FOR IMPROVEMENTS TO A CERTAIN PARCEL AT
BENTON AIRPORT, AND AUTHORIZING THE MAYOR TO SIGN
SAME.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows :
1 . That the City Council of the City of Redding hereby
approves the Memorandum of Understanding and incorporated Schedule
of Performance between the City of Redding and the State of
California acting by and through the Director of the Department of
General Services, for improvements to a certain parcel at Benton
Airport, effective August 2 , 1993 . A true copy is attached hereto
and incorporated by reference .
2 . That the Mayor of the City of Redding is hereby autho-
rized and directed to sign said Memorandum of Understanding 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.
I HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 3rd day of August 1993, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Dahl, moss and Arness
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS : Anderson and K
ABSTAIN: COUNCIL MEMBERS : None
C ARNE ayor
City of Redding
AT EST: FORM APPROVED:
i
ONNIE STROH AYER, City CISdrk RA ALL A. 9Y8, City Attorney �n
A
MEMOg2ANDUM
O F
UND E Y2 S TAND I NG
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THIS MEMORANDUM OF UNDERSTANDING (MOU) , is made and entered
into this 3rd day of August, 1993, by and between the CITY OF
REDDING, a Municipal Corporation, hereinafter referred to as
"CITY, " and the STATE OF CALIFORNIA acting by and through the
Director of General Services, hereinafter referred to as "STATE. "
ii WHEREAS, CITY is the owner of a parcel containing three ( 3)
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acres, more or less, located at the Benton Airport; and
WHEREAS, STATE has identified the parcel as a suitable
j location to develop the facilities to house the California Highway
Patrol, Northern District Air Operations Unit; and
WHEREAS, CITY and STATE desire to formulate an agreement to
provide for the 1 ) design of improvements; 2 ) the lease to the
STATE of the improved parcel; 3) the manner of a competitive bid
process for the parcel development; 4 ) construction inspection; and
5) a performance schedule.
NOW, THEREFORE, it is mutually agreed as follows :
1 . The parcel which is available to be improved with an air
operations facility is that area delineated on Attachment 1,
consisting of three ( 3 ) acres, more or less, having a legal
description to be set forth in a subsequent lease.
2 . CITY and STATE shall give their best efforts to achieve
the dates and events sequence set forth in the Schedule of
Performance as Attachment 2 .
3 . STATE shall submit to CITY documents consisting of
performance drawings and performance specifications which CITY
Page 1 of 5
shall use as the basis for all subsequent architectural drawings
and specifications .
4 . CITY acting by and through its contractors, agents, and
employees shall begin and complete all construction and development
of the parcel ' s on-site and off-site improvements . In accordance
with the requirements of the Public Contract Code, CITY shall
retain a contractor(s) through competitive bidding. CITY shall
submit to STATE for approval the name and qualifications of the
selected contractor(s ) .
5 . Construction of the improvements shall be inspected in
accordance, and in full compliance with the Essential Services
I Building Seismic Safety Act of 1986, Sections 16000 through 16023,
inclusive of the Health and Safety Code.
it 6 . CITY by itself or through any financing authority shall
bear the complete cost and expense of the design, construction,
architectural and engineering, permits, reports, and associated
fees of the development of the air operations facility.
7 . STATE and CITY shall attempt as soon as possible to
negotiate a long term lease of the herein referred parcel as
improved. The execution of this MOU shall not be construed as a
pre-approval of any terms or conditions of the lease. CITY shall
qprovide a draft lease, in a form and content normally used by CITY,
to be submitted to STATE for its review and concurrence. CITY
shall not proceed with any aspect of the Schedule of Performance
,! beginning with paragraph 3 . therein, until the aforementioned long
term lease is fully executed between CITY and STATE. Both CITY's
approval process through its Airports Commission and by its City
Council, and STATE's approval process through its Director of the
Department of General Services shall be followed.
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Page 2 of 5
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8 . The rental payments as set forth in the lease shall be
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the only cost or expense of STATE for the complete development of
the air operations facility as designed. Should CITY and STATE be
unable to agree on a lease, STATE shall have no obligation to pay
to CITY any of CITY' s costs or expenses incurred toward the
development of the air operations facility. All of CITY' s costs
and expenses for the development of the air operations facility as
designed shall be included in the rental payments of the lease .
9 . Miscellaneous :
A. Completion of lease - CITY and STATE shall give
their best efforts to fully execute the lease as
soon as possible.
B. Contract change orders - CITY' s engineer shall have
the on-site authority to direct the contractor to
perform change order work up to Five Thousand Dol-
lars ( $5, 000 . 00) for any one contract change order,
subsequent to verbal approval from STATE; such
approval to be provided within eight ( 8 ) working
hours from point of initial contact. CITY's engi-
neer shall notify STATE's project manager of the
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need and extent of the requested change order by
telephone FAX. STATE' s project manager shall re-
spond by telephone FAX within eight (8) working
hours . CITY' s engineer shall request and receive
written approval from STATE for any one contract
change order exceeding Five Thousand Dollars
'I ( $5,000 . 00) . STATE agrees that, should approval of
the contract change order be appropriate, the writ-
Page 3 of 5
ten response shall be provided within five (5)
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working days of such request.
C. Nothing in paragraph 9 .B. shall preclude STATE from
directing CITY to perform change orders .
10 . In any conflict between this MOU, the Schedule of
'i Performance, and the fully executed and approved lease, the
controlling document shall be in this order: First, the Lease;
Second, the Schedule of Performance; Third, the MOU.
11 . Either party may terminate this MOU by giving written
notice to the other party if the other party is in breach or
default of this MOU or the Schedule of Performance and if such
breach or default is not cured by the party in breach or default
within sixty ( 60) days after the date of a written demand for cure.
12 . . STATE may terminate this MOU if CITY is unable to acquire
sufficient financing to improve the parcel as designed.
13 . No member, official, or employee of CITY or STATE shall
be personally liable to the other party, or any successor in
interest, in the event of any breach or default by the other party,
or for any amount which may become due to the other party or
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successor on any obligation under the terms of this MOU.
14 . This MOU shall not be altered, amended, or any of its
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provisions waived, except with the prior written agreement between
;i the parties .
15 . Attachments 1 - 2 inclusive are by this reference made a
part of this MOU.
16 . All notices, except as may be specifically provided for
otherwise in this MOU, shall be in writing and sent by certified
mail, postage prepaid. Notice required to be given to CITY shall
be addressed as follows :
Page 4 of 5
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Director of Airports
I City of Redding
P. O. Box 496071
Redding, CA 96049-6071
Notice required to be given to STATE shall be addressed as
follows :
State of California
Department of General Services
Office of Real Estate and Design Services
400 "R" Street, Suite 5000
Sacramento, CA 95814
17 . This MOU, in six ( 6 ) duplicate originals, represents the
entire MOU agreement and understanding of CITY and STATE.
IN WITNESS WHEREOF, the parties hereto have executed this MOU
on the day and year first written above.
STATE OF CALIFORNIA CITY OF REDDING
APPROVED:
By: By:
TIN H FLER, Chief CARL ARNESS, Mayor
Office of Real Estate
and Design
DATED: '3 1993 DATED: , 1993
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ATTEST:
CONNIE STROHMAYER, City Clerk
FORM APPROVED:
RA ALL A. HAYS,, Vity Attorney
Page 5 of 5
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AT TJA_C1-YMEMT 2
SC�iEDUI�E OF ]PEF?_1 A1�CE
CITY and STATE may, by mutual written agreement, amend or
modify any item contained herein or the time frames for perfor-
mance.
The following Schedule of Performance is in calendar days .
1 . STATE EXECUTION
STATE shall execute this MOU and shall forward six ( 6 )
a duplicate originals to CITY within seven ( 7 ) days ' of STATE
approval .
2 . CITY EXECUTION
CITY shall execute this MOU and forward three ( 3) fully
executed duplicate originals to STATE within fourteen ( 14 ) days of
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receiving the six ( 6 ) originals of the MOU from STATE.
3 . SELECTION OF ARCHITECTURAL FIRM
CITY shall select an architectural firm to provide design
E services for development of Site no later than forty-five (45) days
of executing the MOU. CITY shall submit the name of the selected
architectural firm for designing the development to STATE within
seven ( 7 ) days of said selection.
4 . STATE APPROVAL OF ARCHITECT
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STATE shall either approve or disapprove the architectural
firm and notify CITY of said approval or disapproval within
fourteen ( 14 ) days of receiving the name of the architectural firm
from CITY.
Page 1 of 4
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5 . EXECUTION OF CONTRACT WITH ARCHITECTURAL CONSULTING FIRM
'I CITY shall execute a contract with the selected and approved
architectural firm within twenty (20) days of STATE' s approval of
said architectural firm.
6 . ARCHITECTURAL CONSULTATIONS
CITY shall , within ten ( 10 ) days of an architectural contract,
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initiate meetings with CITY, architectural consultant, and STATE to
develop preliminary design parameters .
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7 . PRELIMINARY DESIGN OPTION REVIEW AND SELECTION MEETING
A meeting shall be initiated between the CITY, architectural
consultant, and STATE within fourteen ( 14 ) days after the prelimi-
nary design parameters are established. The purpose of the meeting j
shall be to review the preliminary design options and associated
preliminary construction cost estimates developed by the architect
and to finalize the design features of the project. CITY shall,
within ten ( 10 ) days of this meeting, provide a project construc-
tion estimate to STATE for their review and comment. This estimate
shall include, but not be limited by, the cost of the building,
building site preparation work, base and paving, landscaping, on-
site and off-site telephone, and all utility services .
8 . STATE REVIEW AND APPROVAL OF PROJECT CONSTRUCTION PLANS AND
SPECIFICATIONS
CITY shall submit to STATE for review and comment, within one
hundred twenty ( 120) days of providing a project construction
estimate (as specified in paragraph 7 . above) , the ninety percent
(90%) complete project construction plans and specifications .
STATE shall make available to CITY its review and comments within
ten ( 10) days of receipt of said drawings .
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Page 2 of 4
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9 . OFFICE OF STATE ARCHITECT'S REVIEW AND APPROVAL OF PROJECT
i CONSTRUCTION PLANS AND SPECIFICATIONS
CITY, within fourteen ( 14 ) days of receiving STATE' s review
and comments (as specified in paragraph 8 . above) , shall submit to
the Office of State Architect (OSA) the one hundred percent ( 100% )
complete project construction plans and specifications for review
and comment. * Upon receipt of OSA' s review and comments CITY shall
thereafter conform said documents and obtain OSA' s written approval
therefor, which OSA is expected to provide within ten ( 10) days of
its receipt of the documents . CITY shall, within five (5) days of
receipt of OSA' s approval of the then one hundred percent ( 100% )
complete project construction plans and specifications, submit said
documents to STATE for approval . STATE shall approve or disapprove
said documents within fourteen ( 14 ) days of receiving them.
*NOTE: At this juncture it is unknown to CITY and STATE how much
time can be expected for OSA to provide this review and
comment. However, because the parties are basically
working with the existing "NAPA" project plans and specifi-
cations, it is estimated that OSA will provide its review
and comments to CITY within fifty-six (56 ) days of its
�Ireceipt of said plans and specifications from CITY.
10 . SELECTION OF CONSTRUCTION INSPECTOR FOR STATE
STATE shall select an observer from OSA and CITY shall hire
a
said observer who will monitor the on-site construction thirty ( 30)
days prior to the start of construction. CITY shall be advised of
the selection within fourteen ( 14 ) days of such selection.
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11 . BIDDING OF THE DEVELOPMENT
CITY shall solicit bids for the development within thirty ( 30)
days of STATE 's approval of the final plans .
12 . SELECTION OF CONTRACTOR
'i CITY shall select a contractor no later then fifty-three (53)
days after the solicitation of the bids and submit the name of such
Page 3 of 4
contractor to STATE for its approval within seven ( 7 ) days of
selecting such contractor. A notice to proceed shall not be given
by CITY until STATE has approved the contractor.
13 . STATE APPROVAL OF CONTRACTOR
STATE shall either approve or disapprove the contractor within
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fourteen ( 14 ) days of receiving the name of the contractor from
CITY. Should the contractor be disapproved, STATE shall include
instructions to CITY regarding how to proceed and a date by which
to proceed.
14 . AWARD OF BID
CITY shall award the bid to the contractor no later than
fourteen ( 14 ) days of receiving STATE' s approval of the contractor.
15 . OFF-SITE IMPROVEMENTS
CITY shall provide water and sewer service to the Site within
the construction period.
,i 16 . COMPLETION OF CONSTRUCTION
Construction shall be completed within seven hundred ( 700)
days of executing the MOU.
Page 4 of 4
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
OAS 27
DELEGATION OF AUTHOR#Y # OREDS-53
DATE ISSUED
TO: L. Lane Richmond, Assistant Chief March 1, 1993
Office of Real Estate and Design Services rxPutEs
Until Rescinded
FROM: DIRECTOR SUPERCEDES
DEPARTMENT OF GENERAL SERVICES OREDS - 35 (1992)
'I Pursuant to the authority vested in the Department of General Services by law, as Assistant Chief,
Office of Real Estate and Design Services, you are hereby authorized to execute the following
documents and discharge the following functions and responsibilities vested in the Department of
General Services or the Director of General Services:
1. Leases of real property, trailers, and relocatable buildings to the State.
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2. Amendments, extensions, or renewals of leases.
3. Rental invoices covering month-to-month tenancies.
4. Rental adjustments, reimbursements for operating expenses or tax escalations, and invoices pursuant
to escalation provisions in existing leases.
! 5. Contracts and expenditures for alterations to state-owned or alterations and repairs to state-leased
'i facilities, including the installation of office landscaping screens and components.*
6. Contracts for office space programming and planning and for architectural and engineering
consulting services, where the amount to be paid by the State does not exceed $100,000.*
7. Options, amendments, demands, invoices, claim schedules, termination notices, or any other notices
in connection with any and all of the prior numbered items.
You are.authorized to advise the Chairpersons of the Joint Legislative Budget Committee, the Assembly
Ways and Means Committee, and the Senate Finance Committee, or their designees, of the State's
intention to initiate lease agreements, as required by Section 14669 and Section 13332.10 of the
Government Code.
When the Chief, Office of Real Estate and Design Services, is absent from the office, you may execute
any of the documents noted in the Chief's Delegation of Authority. Your execution of any such
document shall be conclusive evidence of such absence.
This delegation will remain in effect until rescinded.
N 4�'VOOD irector
Department of General Services
*Approval of contracts and interagency agreements under the Office of Real Estate and
Design Services programs are subject to the limitations outlined in Administrative
Order 93-01 . ` // L / L
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