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HomeMy WebLinkAboutReso 91-545 - Approve & Authorize the mayor to sign an agreement for the design of five neighborhood parks between COR and Downing and Associates RESOLUTION NO. �- -� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR THE DESIGN OF FIVE NEIGHBORHOOD PARKS BETWEEN THE CITY OF REDDING AND DOWNING AND ASSOCIATES. IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves the Agreement for Design of Parks between the City of Redding and Downing & Associates, 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 17th day of December, 1991 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Arness ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: FO PPROVED: ETHEL A. NICHOLS, City Clerk TRDtLL A. HAYS, City Attorney AGREEMENT FOR DESIGN OF PARKS THIS AGREEMENT, made and entered into the day of . 1991, by and between the CITY OF REDDING, hereinafter referred to as "City"and the firm of DOWNING AND ASSOCIATES, hereinafter referred to as "Consultant" for professional design services for the project known as Neighborhood Parks Design. I. BACKGROUND AND OBJECTIVES On June 18, 1991, the City Council authorized staff to solicit a Request for Proposals (RFP) for design services for five neighborhood parks. The primary objective for soliciting a consultant is to assist the Planning Department and ensure that the five parks are constructed by the end of Fiscal Year 1991-1992. II. PROJECT DESCRIPTION AND GUIDELINES A. The project goal is to prepare contract documents for the five parks ready for bidding. B. Project Location. The Indian Hills and Ridgeview Parks are located on the City's west side; Ravenwood Park is located on the northeast side; Creekside Park is located on the City's south side; and Western Oaks Park is located on the southeast side (see location map). C. Project Design Guidelines. 1. All trails or pedestrian walkways shall be constructed of concrete. 2. Playground equipment shall be specified and installed by the City of Redding Parks Department. 3. Minimum tree size shall be 15 gallon; shrub size shall be 5 gallon. 4. All turf grass areas shall be bordered by a hard-surface concrete mowing strip. Minimum width shall be six inches. 5. All proposed turf grass shall be sodded. 6. All tree and shrub planters shall be mulched. 7. All landscaped areas shall have a minimum 2 percent slope. 8. Special design provisions shall be made for erosion control and runoff on slopes 2:1 or greater. 9. Existing trees six inches and over in diameter and tree groupings shall be retained. III. SCOPE OF WORK A. The Consultant shall: 1. Prior to the concept-design stage, the consultant shall meet with City staff to discuss the project description, design criteria, approach, and various tasks involved in this project. 2. The selected consultant shall prepare and submit a conceptual site plan over site topo(contour interval shall be two feet) of each park, illustrating major facilities and use areas. The conceptual plan will be reviewed by the Recreation and Parks Commission, who shall ratify the design. The consultant shall be required to attend the Commission meeting to provide information and answer questions. 3. Subsequent to concept-design approval, the consultant shall prepare contract documents (plans and specifications) to City standards, which shall be complete and ready to advertise for bids. Prepare plans on 24" x 36" original mylars. Prepare specifications, engineer's cost estimate, and proposal on reproducible 81/2" x 11" paper. The drawings shall include a site plan, grading plan, irrigation plan, planting plan, and other miscellaneous details. Provide four sets of plans, specifications, and Engineer's cost estimate at the 50 and 90 percent completion review points. Provide 40 complete sets of plans, specifications, and proposals for bidding. 4. The consultant shall provide up to four hours of site inspection during the construction phase on each of the five park sites. In any case, the consultant shall provide up to 20 hours total to help the City staff answer questions and troubleshoot the five park sites during construction. B. The City shall provide the following information to the consultant: 1. Subdivision improvement plans. 2. 1" - 200" orthophoto base map and aerial photos with topo (date of photos varies). 3. Public Works construction standards. 4. 24" x 36" original City-standard mylars. 5. Sample standards details. 6. Site and topo information for Western Oaks Park only. IV. TIME OF PERFORMANCE The project shall be completed on the following schedule: 1. Award of contract at City Council meeting, December 17, 1991. 2. Predesign concept meeting approximately December 17-31, 1991, Parks Department conference room. 3. Completed concept plans by March 2, 1992. 4. Parks Commission meeting March 18, 1992, at 4 p.m., United Way Building. 5. Complete contract documents by May 8, 1992. 6. Advertise for bidding May 18, 1992, by the City of Redding. V. COMPENSATION The City shall pay to the consultant the amount of$18,876 for the performance of the work specified under this Agreement. Payment of said amount shall be made upon submission of proof of completion to the City of the following in the amount set forth opposite each category: 1. Completion of Design Phase $9,000 2. Completion of Design Documents $9,076 3. Completion of Consultation for Project Construction $800 VI. MODIFICATIONS 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 contract. 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. VII. TERMINATION 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 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. VIII. 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. No person having any such interest shall be employed by the Consultant. IX. 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. X. PERSONNEL 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. 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 contract, are to be indicated in the personnel listing contained in the Consultant's proposal attached hereto and incorporated herein by,reference. 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. 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. XI. INDEPENDENT CONTRACTOR Consultant, in accordance with its status as an independent Consultant, covenants and agrees that it will conduct himself consistent with such status; that it will neither hold its out as, nor claim to be, an officer or employee of the City; and that it 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. XII. 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 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 policyholders' 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 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. a. Comprehensive General Liability Insurance for bodily injury (including 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), 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 include coverage or endorsements for: a. Premises and operations. b. Contractual liability. c. Products/Completed Operations with limits of one million dollars ($1,000,000) 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. 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: (1) Inclusion of the City of Redding, its officers, agents, employees, and volunteers as additional insureds as respects services or operations under the contract. (2) Cross liability and severability of interest clauses providing that the insurance applies separately to each insured except with respect to the limits of liability. (3) 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 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, nonowned, 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 dollars ($1,000,000) 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. 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: a. Whether defense coverage is included in the policy limit (yes or no). b. All aggregate limitation including: (1) General aggregate. (2) Products/completed-operations aggregate. c. The retroactive date. d. The length of time for extended reporting period. e. Any limitations on invoking the reporting period (other than nonpayment). f. Whether a "Notice of Circumstances" is allowed (yes or no). 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 qualify 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. 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 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 recognizes 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. e. The City reserves the right to withhold any progress payments to the Consultant in the event of noncompliance with any insurance requirements. XIII. OWNERSHIP, PUBLICATION, REPRODUCTION, 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. XIV. 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 in the performance of the agreement. Consultant's obligation to protect, defend, indemnify, and hold harmless, as set forth 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 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. XV. FORCE MAJEURE Except with respect to defaults of subcontractors to the Consultant, 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. 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 its Subconsultants. XVI. NOTICE When notice is required to be given pursuant to this Agreement, it shall be given as follows: City: City of Redding 760 Parkview Avenue P. O. Box 496071 Redding, CA 96049-6071 Consultant: XVII. ATTORNEYS' FEES Attorneys' fees and costs, which are incurred to enforce the provisions of the Agreement, shall be recovered by the prevailing party. PROJWGRMN-RPRKSDSGN IN WITNESS WHEREOF the parties hereto have caused the Agreement to be executed by Consultant the day of 1991, and by the City the day of 1991. CITY OF REDDING By Mike Dahl, Mayor ATTEST: Downing & Associates By Ethel A. Nichols, City Clerk Owner FORM APPROVED: Randall A. Hays, City Attorney P ROJ\AGRMNl1PRKSDSGN