HomeMy WebLinkAboutReso 92-140 - Approve Austin Hansen Group Agreement for prep of a park master plan & updated Environmental assessment for Enterprise Comm Park J
RESOLUTION NO. 9c?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE
AUSTIN HANSEN GROUP AGREEMENT FOR PREPARATION OF A PARK MASTER
PLAN AND UPDATED ENVIRONMENTAL ASSESSMENT FOR THE ENTERPRISE
COMMUNITY PARK, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT
BE IT RESOLVED by the City Council of the City of Redding, that:
1. The City Council hereby approves The Austin Hansen Group Agreement providing for the
preparation of a Park Master Plan and updated Environmental Assessment for a fixed,
not-to-exceed amount of $25,423.
2. The Mayor of the Redding City Council is hereby authorized and directed to sign all
necessary documents on behalf of the Council and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor.
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3. A true copy of the agreement referred to herein is attached hereto and made a part hereof.
1 I HEREBY CERTIFY that the foregoing resolution was introduced, passed, and adopted by the
City Council of the City of Redding at a regular meeting thereof held on the 7th day of April, 1992 by
the following vote:
AYES: COUNCIL MEMBERS: Arness, Carter, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
None
ABSENT: COUNCIL MEMBERS:
,I None
ABSTAIN: COUNCIL MEMBERS:
MIKE DAHL, Mayor
City of Redding
ATTEST:
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CONNIE STROHMAYER, City lerk
j FORM APPROVED:
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RA ALL HAYS, City Att rney
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CLIENT-CONSULTANT AGREEMENT
FOR PREPARATION OF A PARK MASTER PLAN
AND UPDATED ENVIRONMENTAL ASSESSMENT
FOR THE ENTERPRISE COMMUNITY PARK
THIS AGREEMENT, made and entered into the day of 1992, by and between the City
of Redding, a municipal corporation, hereinafter referred to as "City" and The Austin Hansen Group,
hereinafter referred to as "Consultant" for professional consulting services for the project known as the
Enterprise Community Park.
I. BACKGROUND AND OBJECTIVES
The goal of the services to be provided is to develop a park master plan that: (1) utilizes
Alternative Master Plan#1 prepared by Parsons Associates as a base; (2) incorporates input from
project area residents; (3) reflects recommendations of the City of Redding Comprehensive
Recreation and Parks Plan prepared by J. C. Draggoo & Associates; and (4) incorporates
recommendations of the Redding Recreation and Parks Commission and City staff. The
consultant shall prepare two alternative park master plans for review by City staff and the Redding
Recreation and Parks Commission. The master plans shall be designed in a manner allowing
development of the park in phases.
Upon selection of a preferred master plan, the Consultant will proceed with the refinement and
consolidation of the environmental assessment and risk assessment into one document for CEQA
and NEPA clearance.
II. SCOPE OF WORK
The Consultant shall develop a park master plan and updated environmental assessment as
follows:
A. Project Familiarization
2.01 Site review and analysis.
2.02 Data collection and collection of soils for testing.
2.03 Prepare base sheets.
2.04 Meet with appropriate staff.
2.05 Review soils testing reports.
2.06 Recreation and Parks Commission Workshop to re—visit the previous master plan
study, review the objectives of the Comprehensive Parks Master Plan, and solicit
Commission input on new issues pertaining to the new park design.
2.07 Public workshop.
B. Master Plan Design
3.01 Prepare a minimum of two alternative master plan designs to illustrate pedestrian
and vehicular access, parking facilities, use patterns & areas, planting
recommendations, environmental mitigations, utility locations, lighting, as well as
grading/drainage concerns.
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3.02 Prepare conceptual architectural studies to consist of two building "footprints"for
a community center and a seniorcCenter, with a single architectural exterior
! perspective sketch of each.
3.03 Prepare cost analysis study for Phase I improvements.
3.04 Prepare alternative master plan reports to summarize assumptions made,
background data, master plans, and how they satisfy the community's needs.
3.05 Meet with City staff prior to finalizing the alternative designs.
3.06 Prepare two final alternative master plan designs.
3.07 Present master plan designs to the Recreation and Parks Commission and project
area residents.
3.08 Preparation of the detailed phasing plan upon selection of a preferred master plan
that will include:a phasing boundary map, Phase 1 implementation plan,site plan
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for Phase 1, and cost analysis studies.
C. Environmental Assessment
4.01 Pre-work meeting and site visit.
4.02 Review existing studies and the revised Park Master Plan including but not limited
to the following:
- Final Risk Assessment for Abandoned Enterprise Sewage Treatment
Plant (CDM, 1991);
- Comprehensive Parks and Recreation Plan (City of Redding, 1991);
- Initial Study of the Enterprise Park Master Plan Alternative One(Parsons,
1988); and
- Summary Report for the Alternative Master Plans One and Two (Parson,
1988).
The environmental document which will be prepared for the Preferred Park Master Plan
will consider the following nine elements:
1. Consistency with the General Plan and surrounding land uses;
J occurrence of prime (farmland) soils within the project boundary.
2. Presence and potential impact of residual toxic materials within the
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project boundary.
3. Cultural resources.
4. Biological resources including the absence or presence of protected plant
or wildlife species.
5. Proximity to the Churn Creek floodway boundary.
6. Circulation of existingand future traffic patterns; access.
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8. Night lighting and off-site glare.
9. Aesthetics.
10. Potential for riparian habitat enhancement along Churn Creek.
4.04 Prepare and submit draft environmental document within four weeks of the City's
selection of the Preferred Master Plan. The document will incorporate findings of
additional studies performed and will be prepared to comply with CEQA and
NEPA.
4.05 Prepare and submit the final Environmental Document. Within two weeks of
receiving City comments on draft document, one revised original and 30 copies
will be submitted to the City.
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D. Master Plan Approvals
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5.01 Meet with City staff to review detailed Phasing Plan.
5.02 Present detailed Phasing Plan to Recreation and Parks Commission.
5.03 Present Master Plan and detailed Phasing Plan to City Council.
III. COMPENSATION AND METHOD OF PAYMENT
Total payment for services rendered and expenses incurred under this Agreement shall not exceed
$25,423. Payments shall be made based on completion of tasks as presented in Exhibit "C."
If the project is suspended or abandoned during any phase of service in whole or in part, the
Consultant is to be paid for the service performed prior to receipt of written notice from the City
of such abandonment or suspension, together with reimbursements then due. If the project is
resumed after being suspended for more than three months, the Consultant's compensation shall
be subject to renegotiation.
IV. JURISDICTION RESPONSIBILITIES
The City of Redding shall provide the following items to the consultant, as needed:
A. Orthophoto base mapping at a scale of 1 inch = 200 feet with 1- and 2-foot contour
intervals.
B. Current land use, General Plan, and zoning maps.
C. Copies of relevant reports (i.e., risk assessment, environmental assessment,
Comprehensive Parks and Recreation Plan, and Alternative Master Plans and Summary
Report).
D. Copy of Parcel Map LS-11-91 identifying the geographic boundary of the site.
E. Aerial photo at 1-inch = 100 foot scale.
The information, surveys and reports required by Paragraphs A. through E. inclusive shall be
furnished at the City's expense,and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
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V. TIMING
The Consultant shall begin work within 15 days after the date of execution of this Agreement and
in accordance with the schedule presented in Exhibit"C"and thereafter diligently pursue the same
to completion. All work to be completed within 180 days of date of this Agreement.
VI. RESPONSIBILITY
The individuals listed in Exhibit"D"are designated to do the work required under this Agreement.
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VII. 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 compensation,which are mutually agreed upon by and between the City and the
Consultant, shall be incorporated in written amendments to this Agreement.
VIII. TERMINATIONS OF CONTRACT FOR CAUSE
If, through any cause, the Consultant fails to fulfill in a timely and proper manner his obligations
under this Agreement or if the Consultant violates any of the covenants, agreements, or
stipulations of this Agreement, the City shall thereupon have the right to terminate the contract by
giving written notice to the Consultant of such termination and shall specify 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
become 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.
IX. CONFLICT OF INTEREST
The Consultant shall agree that Consultant presently has no interest and shall acquire no interest,
direct or indirect, that would conflict in any manner or degree with the performance of his services
under this Agreement. The Consultant shall also agree that, in the performance of the Agreement,
no person having any such interest shall be employed.
X. ASSIGNABILITY
The Consultant shall not assign any interest in this Agreement 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 the 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.
XI. PERSONNEL
A. The Consultant shall represent that he has or will secure, at his own expense, all
necessary personnel required to perform the services under this Agreement. Such
personnel shall not be employees of or have any contractual relationship with agencies
providing funds for the project.
B. All of the services required hereinafter shall be performed by the Consultant or under his
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.
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. All professional personnel, including subconsultants engaged in performing services for
the Consultant under the contract,are indicated in a personnel listing attached hereto and
incorporated herein by reference.
C. Except as otherwise agreed in this Agreement, no other portion of the services nor any
right, title, or interest under the contract shall be assigned, transferred, conveyed, or
j subcontracted without the prior written approval of the City.
D. Any changes or substitutions in the Consultant's personnel as set forth 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.
XII. INDEPENDENT CONTRACTOR
The 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.
XIII. INSURANCE REQUIREMENTS
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 coverage or policies shall be filed with the
City of Redding's 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 policyholder's alphabetic and financial-size category rating of not less than
B+, according to the most recent issue of Best's Insurance Reports.
C. Insurance Required. General liability, professional errors and omissions liability, and
automobile liability and workers'compensation insurance shall be maintained as follows:
1. General Liability Insurance. Either (1) comprehensive general or(2) commercial
general liability.
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(a) Comprehensive general liability insurance for bodily injury (including
j death), personal injury, and property damage,which provides limits of not
less than one million dollars ($1,000,000) combined single limit per
occurrence.
b Commercial general liability insurance for bodily injury (including death),
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personal injury, and property damage which provides limits of not less
than one million dollars ($1,000,000) general limit per occurrence, and
two million dollars ($2,000,000) general aggregate limit.
In either case, the comprehensive-general or commercial-general liability policies shall
j include coverage or endorsements for:
(a) Premises and operations.
(b) Contractual liability.
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(d) 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:
(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.
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2. Professional Errors and Omissions Liability Insurance in an amount not less than
two hundred and fifty thousand dollars ($250,000).
3. Comprehensive Automobile Liability for bodily injury (including death) and
property damage, which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence, applicable to all owned, non-
owned, and hired vehicles.
4. Statutory Worker's 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
dollars ($1,000,000) per occurrence. Both the worker's 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.
5. 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:
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(a) Whether defense coverage is included in the policy limit (yes or no).
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(b) All aggregate limitation including:
1) General aggregate.
2) Products/Completed-operations aggregate.
(c) The retroactive date.
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(d) The length of time for extended reporting period.
(e) Any limitations on involving the reporting period(other than nonpayment).
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(f) Whether a "Notice of Circumstances" is allowed (yes or no).
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6. Other Insurance Provisions.
(a) The requirements of these Standard Specifications, as to 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 quality the liabilities and obligations otherwise assumed
by the Consultant or pursuant to the contract, including but not limited to
the provisions concerning indemnifications, nor preclude the City from
taking any other action available to it under any other provisions of the
contract or law.
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(b) The City acknowledges that some insurance requirements contained in
these Standard Specifications may be fulfilled 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 the Consultant under the
contract. Any self-insurance or other combinations on insurance must
be approved in writing by the City at its sole discretion.
(c) Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled by either party, or reduced in coverage
or in limits except after thirty (30) days prior written notice to the City.
(d) The City reserves the right to withhold any progress payments to the
Consultant in the event of noncompliance with any insurance
requirements.
XIV. 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. In all cases, and within the reasonable control of the City, publication of documents
prepared pursuant to this Agreement shall acknowledge the Consultant as the designer.
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XV. 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 Agreement, 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 Agreement.
XVI. INDEMNIFICATION
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Consultant agrees to protect, pay on behalf of, indemnify, and hold harmless the City, its officers,
agents, and employees from and against any and all liability, damages, claims, suits, liens,
attorney's fees, and judgements 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 in the performance of the Agreement.
Consultant's obligation to protect, pay on behalf of, indemnify and hold harmless as set forth
hereinabove, shall include any matter arising out of any actual or alleged infringement of any
patent, trademark, copy right 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 further agrees to protect, pay on behalf of,
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.
XVII. FORCE MAJEURE
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 his
subconsultants. Such causes may include, but are not restricted or limited to, acts of God 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 his subconsultants.
XVIII. RECORDS AND AUDITS
The Consultant shall maintain accounts and records, including personnel, property and financial
records, adequate to identify and account for all costs pertaining to this Agreement and such other
records as may be deemed necessary by the City to assure proper accounting for all project funds.
ii These records will be made available for audit purposes to the City or any authorized
j representative, and will be retained for three years after the expiration of this Agreement unless
permission to destroy them is granted by the City.
� XIX. COMPLIANCE WITH LOCAL LAWS
The Consultant shall comply with applicable laws, ordinances and codes of the State and local
governments,and the Consultant shall save the City harmless with respect to any damages arising
from any tort done in performing any of the work embraced by this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
ACCEPTED:
BY:
MIKE DAHL, Mayor
City of Redding
BY:
DONALD A. HANSEN
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The Austin Hansen Group
ATTEST:
CONNIE STROHMAYER, City Clerk
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FORM APPROVED:
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RANDALL A. HAYS, City Attorney
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EXHIBIT "C'
WORK SCHEDULE AND COSTS
The following schedule for work will apply:
(Calendar days after receipt
of authorization to proceed)
ITEM DATE
Preliminary data collection, site analysis, and soils testing
(Completion of Tasks 2.01 through 2.05)
Payment due of $4,008. 40 days
Attendance and presentation at Recreation & Parks Commission Workshop.
Attendance and presentation at Public Workshop.
(Completion of Tasks 2.06 and 2.07)
Payment due of $500. 60 Days
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Receipt of Alternative Master Plan Designs.
Receipt of Cost Analysis Study.
Receipt of Alternative Master Plan Reports.
(Completion of Tasks 3.01 through 3.06)
Payment due of $8,788. 90 Days
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Presentation of Master Plans to Commission & Project Area Residents.
Receipt of Detailed Phasing Plan.
(Completion of Tasks 3.07 and 3.08)
Payment due of $2,295. 120 Days
Receipt of Final Environmental Document.
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Payment due of $5,447. 150 Days
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Presentation of Phasing Plan to Commission.
Presentation of Master Plan to City Council.
(Completion of Tasks 5.01 through 5.03)
Payment due of $2,500. 180 Days
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EXHIBIT "D"
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STAFF RESOURCES
The Austin Hansen Group
Pat O'Connor
Marq Truscott
Bill Mastick
Jeff Warner
Mike Lewis
Tom Elliott
Bob Haynes
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North State Resources
Laura Kuh
Tim Reilly
Kirk Vail
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TENTATIVE SCHEDULE OF MEETINGS
ENTERPRISE COMMUNITY PARK
May 15, 1992 Design meeting with City staff
May 20, 1992 Rec & Parks Commission Workshop
May 27, 1992 Public Workshop (Alta Mesa School)
July 15, 1992 2nd Rec & Parks Commission/public meeting
August 19, 1992 Final Rec and Parks Commission meeting
September 8, 1992 Presentation of Master Plan to Council
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OTHER MEETINGS WITH STAFF AS NEEDED
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