HomeMy WebLinkAboutReso 1990-304 - Authorizing the mayor to sign the "agreement between client and consultant" RESOLUTION NO. 7"19-1/9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE "AGREEMENT
BETWEEN CLIENT AND CONSULTANT" BETWEEN THE CITY OF REDDING
AND EVERGREEN ENGINEERING CORPORATION TO RECONSTRUCT THE
MISTLETOE DITCH FROM APPROXIMATELY 300 ' NORTH OF MISTLETOE
TO 600 ' SOUTH OF MISTLETOE LANE, IN AN AMOUNT NOT TO EXCEED
$9, 850 . 00 .
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 above-mentioned Agreement between the City of
Redding and Evergreen Engineering Corporation. , in an amount not
to exceed $9 , 850 . 00 , a true copy of which is attached hereto and
incorporated herein by reference.
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement on behalf of the
City Council 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 19th day of June , 1990 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss, Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS: None
r �j/z" ✓ L�1�3f
/NANBUFFU .' Mavor-
City of Redding
ATTEST: FO PPROVED:
ETHEL A. NICHOLS, City Clerk RAI\DALL A. HAYS , ity Attorney R*
ci
� •
•
AGREEMENT BETWEEN CLIENT AND CONSULTANT
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN EVERGREEN ENGINEERING
CORPORATION hereinafter called "consultant" and
- The City of Redding
760 Parkview Avenue
Redding, California 96001
hereinafter called "client. "
The client intends to Reconstruct the Mistletoe Ditch from Approximately
300 ' North of Mistletoe Lane to 600 ' South of Mistletoe Lane.
hereinafter called the "project. "
The client and consultant for mutual consideration hereinafter set
forth, agree as follows:
A. Consultant agrees to perform services as defined in their
letter of proposal dated May 29 . 1990 and hereby made a
part of this contract.
B. Client agrees to compensate consultant for such services
is as defined in proposal letter dated May 29 . 1990 for the
flat fee of 59850. 00
NOTE: Under provisions of this agreement, a late payment FINANCE
CHARGE of 1 .5% per month will be computed on all past due accounts
(annual percentage rate 18%) , and will be applied to any unpaid
balance commencing 30 days after the date of the original invoice.
NOTE: Under provisions of this agreement, client agrees to limit
the liability of consultant in accordance with #28 of the Standard
Provisions set forth upon the reverse site.
C. The standard provisions set forth upon the reverse side are
incorporated hereinto and made a part of this agreement.
ACCEPTED BY:
EVERG: ' GINEERING CLIENT
By:
RR.1 •slie t . Date:
��'
Name:
Title:
i„ ØIS.eIII • .
;II! The d.eae sad cfrasu.taoe ,gree Mat the following Asti be •• put of their swim er!:
I. The cheer bowls ii.miin ma pastoris, •urensos% network aJea.rotarwors. and •sojas to the (OS•ohaot to this agreement in respect so all of tar
teams wed cao.1.a.ona d Ih.. sgter.ama
g. ?}truer Ibc f Lent sag confalant tali'! •►M&'n Ar .nrerelt .a In.. siteement ..rh..os she .fasten cdssena e1 fist:other
:in etimJ...ena or fepresenlat.ala, at.el.ag, dcrnctung from. oaf +.13.114 to the tern.e hereof shall be •61.J 11011t6 primed of •..Iva heteoe Of re.
Dented .a ...risme s►cover pair to this Niemen and littered .0 .r.t.n8 by the wines
4 Oar of mote or..era of an term, 10041.1.441 or c I by she tonu.ltant 16111 wits be construed by Use client as 1 .s.trr of 1 svbseq.ewt ►wash w
the same et Mr oiate teem, iCio4.1.001 Of (3•61a01.
) la rhe e.ent say p10..5.00 of this agreement shall be held to be ,o•al.J and unenforceable, the otter pvo..00n. of this •greeeneni shall be valid and
hauling on Are parses nervy
C The eoawlr.wa .► naw ,espnas.ble for feta,. nor shill toowlunt be respens.ble ler Jam+gct m be in Jrf•+lt or Jrvme.l to be so Jeoa.ls by mason oe
aeeaO, trcko.U. acc.amis. .sr un of Cod. or the future of cheat to lur.uah timely .of..etoat.on air to :gran w J.aapnuu.e rYnwhawe a .ork promply, k
delay oe fauIy performance by client. other f0IIaru:on, or ge.trnmeotal ateac1rs, Or any other delays beyond toasuhass s reasonable tuas1ol
1. Cons.ltaot shall nor bt liable for damages resulting horn the 'Boat or inactions d governmental agencies arb6ng, bat not honied to panto pro
tessiag, eo•uonmenial impact reports, dedications. general plans and amendments thereto. raostg mann% aaacaat.ons or consolidat.uns. Oil or tonJst.oaas
use pumas, and budding permits; sad consultant shall only alt as an Advisee is all govetnmental :stations.
L la the event of litigation on this agreement, the interpretation thereof.and all disputes or comtro.ersies seising bereunJer shall be governed by the la.s
of the mate of California.
3. is the event that client enatitutes a suit against consultant because of any failure or alleged failure to pertness. error, omission, or negligence. and .1
such suit is not successfully proseewed, of if it as dismissed, or if verdict s tendered tot enasultann, client agrees so pay consultant any sad all costs of de-
tense, including attorneys fern, ripest Inmost"' fen, and court costs and any and all other expenses of defense which may be needful, immediately fallow-
ing dismissl of the case or immediately upon judgment being rendered in behalf of consultant.
/0. lin the event that litigation be instituted under the terms and conditions of this agreement, the same is to be brought and tried in judicial jurisdiction
I of the nowt of the county in which the consultants principal place of busmen, is located and client waives the right to have the suit brought, Of used aa. or
removed to say other county or judicial jurisdiction.
U. Should litigation he necessary to enforce any term or provision of this agreement, or to collect any pnrsina of the amount payable under this agree-
' mitis.thea all litigation and collection expenses, witness fees sed court coats, and attorney's fees shall be paid to the prevailing party. ,
12. There are no understandings or spec:nests except as herein expressly stated.
t3. An original papers and documents, and copies thereof, produced as a result of this contract, except documents which sec required to be filed with
! i., public agencies.shall remain the property of the consultant sad may be used by consultant without the consent of client.
1i' IC Services provided within this agreement are lot the exclusive use of the client tot the project only.
IL Crime and consultant agree to cooperate with each other in any and every way or Manner en the project.
IL Upon written request,each of the pasties hereto shall execute and deliver. or cause to be executed and delivered, such additional instruments sari
. 'N documents which may be necessary and proper to catty out the terms of this agreement.
IL The terms and provisions of this agreement shall not be contused to alter, waive, or affect any lien or stop notice rights, which the consultant may
have for the performance of services under this agreement.
! i'
IS. The consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plant, specifications, of
drawings other than that all such figures are estimates only and the consultant shall not be responsible for decorations in cost factors.
I. Consultant does not guarantee the completion or quality of paformuset of contract or the completion oc quality of performance of contracts by the
,. construe contractor or canniness. or other third parties. nor is be responsible for their acts or omivaont.
!, 20. Consultant makes no warranty,either upsets or implied, as to his findings,rccomsnenaatiuns,specifications.or professional advice except that the work
'I was performed pursuant to generally accepted standards of practice in effect at the time of performance.
21. Consultant makes no representations concerning soil conditions unless specifically included in writing in this agreement. sad he is sot responsible for
any lrabI:q that may arise out of the making or failure to make soil Surreys.or sub.surface soil tests, or general soil testing.
U. Es imste of Steil provided under this agreement are sot to be considered precise unless consultant spetifeally agrees to provide the prate determiaa-
tiers of wadi areas. •
23. L the event that any changes are made in the plans and specifications.by the client or persons other than the consultant, which affects the consultant's
• work,soy sad all liability arising out of such changes is waived as against the consultant and the client assumes lull responsibility foe such changes unless
client has given consultant prior notice and has received horn consultant written consent for such changes
f' 24.The consultant is not responsible.and liability is waived by client as against consultant,for use by client or any other person of say plans or drawings
' not signed by consultant.
I 22. Consultant has a right to complete all senior agreed to be rendered pursuant to this con . In the event this agreement is terminated before the
completion of all serviers,unless consultant is responsible for such early termination. client agrees to release consultant from all liability for work performed_
24 Client agrees that consultant will not perform on-site construction review for dais project unless speriGrally provided for in this agreement, that such
services will be performed by others,and that the client will defend, indemnify.and hold consultant harmless from any and all liability arising from or resulting
from the peafoemance of construction review by other persona.
2T.The client agrees that in accordancewith generally accepted construction practices, the construction contractor will be required to assume sole and
complete eesponsibility lot job site conditions during the course of construction of the project, including safety d all persons and property; that this :equiree
meat shall be made to apply continuously and not be limited to normal working hours; and the client further agrees to defend,indemnify and hold the consul-
tint harlcu from any and all liability, real or alleged, in connection wills the performance of work on this project.excepting liability arising from the sole
negligence.t the consultant •
2t The client agrees to limit the consultant s liability to the client and to all contractors and subcontractors on the project,due to professional negligent
acts. arose or omissions of the consultant to the sum of 330.000 or the consultant's fee. whichever is g •
29. All lees and other charge will be billed monthly and shall be due at the time 01 billing unless otherwise spetilird in this agreement.
30. Client hereby agrees that the balance as stated on the billing hem the consultant to client is correct,conclusive and binding on the client unless client
within tea (10) days from the date of the making of the billing notifies consultant in writing of the particular item that is alleged to be incorrect.
31. A late payment FINANCE CHARGE will be computed at the periotic tate of 1.St per month, which is an ANNUAL PERCENTAGE RATE .f
134. and will be applied to any unpaid balance commencing 30 days after the date of the original invoice.
31. la the event that the plans, speciAutions, and/or field work covered by this contract ate those requireJ by various governmental agencies sad in the
event that doe to change of policy vi said agencies after the date of this agreement, additional office or field work is sequirt', the said aJJat,onal wak shalt
be paid for by client at tests work.
3)- In the event of any intrrsse of costs lie to the granting of wage incrrnes and/or other employee benefits to field or othte employees disc to the
terms of any labor averment, or rise in Use cost of living, during she lifetime of this agreement, such percentage intuare shall be applied to all temum.ag
' compensation.
34. la the event that any soling is destroyed by an act of Cod or patties other than Consultant, the cost of :nuking shall be pail for by client se taus
walk.
33. The client shall pay she costa of checking and inspection lets, toning and annexation application fern, a eat fent, soils engineering leas, loss
testing feed serial topography less,and all other lees. permits, bond premiums.tette company charges. blueprints and srproducuons. and all tithes charges sac
' speeincally covered by the terms of this agreement.
3i. In the event all i.e..ny sunken of the work prepared of partially rrtpaenl by the consultant be saaspeaJeJ,abandoned.nr utainst►J,the client shall pay
} the euass.haas for all las,charges,and sea.ica peo•aJeJ foe the prosect,not to euesJ any Molt act limit so-tilled herein.
(, 37. ha the event of any litigation,client agrees to pay to consultant interest on all past Joe balances at the rate of ten pet cent per annum,
a _. _ — .•.. ... ...11.01 A.11 Si... .he r:eht to t11s.
• •
Evergreen Engineering Corporation
ENGINEERING c SURVEYING o DESIGN
'�. May 29, 1990
or '`i
► o n James, Engineer
Public Works- Field Operations
City of Redding
760 Parkview
Redding, California 96001
SUBJECT: Proposal for Engineering Services for Mistletoe Ditch
Dear Mr. James:
We are pleased to offer this proposal for our Firm to provide
engineering services for the design of the Mistletoe Ditch from
Il approximately 300 feet north of Mistletoe Lane to approximately 600
feet south of Mistletoe Lane. The design will be in accordance
with City storm drain criteria and the Request for Proposal dated
May, 1990.
Our Firm has been in business since 1976 . We have designed a
variety of projects including subdivisions, commercial and
industrial projects. Storm drain design has been a significant
factor in many of these projects; thus, we are quite experienced at
design of projects of this nature. In addition, Gary Kalsbeck, who
will be the Project Engineer for this project, has had considerable
experience in the design of canals and hydraulic structures.
We recently completed plans for the reconstruction of 3000 feet of
the Tormey Drain through the central part of the City of Anderson.
Construction of this project has been completed and included lined
channels, unlined channels, structure reconstruction, and the
hydraulics of the composite channel .
Because of the small size of this project, we are not interested in
doing it without the Bonnyview Drain Project; therefore, if you
determine that we will not be doing the Bonnyview project, please
disregard this proposal.
We appreciate the opportunity to prepare this proposal for you.
Thank you for your consideration of our Firm.
truly,
der
rA� slie
5000 BECHELLI LANE,SUITE 201 • REDDING,CA 96002 • (916)222-1323
•
PROPOSAL FOR ENGINEERING SERVICES
FOR THE DESIGN OF
MISTLETOE DITCH
FOR THE CITY OF REDDING
PROJECT DESCRIPTION:
The City of Redding is planning to reconstruct the Mistletoe
ditch from approximately 300 feet north of Mistletoe Lane to
approximately 600 feet south of Mistletoe Lane. The Drain will be
designed to handle 390 c.f. s. which represents the 100-Year flood
flow. An existing road crossing structure will be incorporated
into the design.
SCOPE OF WORK:
The Consultant will design the channel in accordance with City
design criteria. The plans will include transitions into the
existing road crossing with a downstream transition to conform to
the existing channel.
The Consultant will meet with representatives from the City
during design to obtain conceptual approvals as the design work
progresses. The consultant will also meet with the City and a
representative from the Department of Fish and Game to review the
design concept and again to review the final design. The City will
arrange for these meetings.
I ,.
•
111
PROPOSED WORK PLAN AND SCHEDULES:
Our proposed scope of work is based on the information contained in
the City' s request for proposals, discussions with City Staff, and
a site review. Our work will progress as follows :
1 . AERIAL PHOTOGRAPHY: We plan to fly the project site at a
scale of 1" =40 ' with 1 foot contours and produce an aerial
photo for use in plan-profile sheets . These photos will be
used as the base maps for the design drawings. This work will
include the aerial survey control and field survey work to
� I.. obtain the detailed structure information and topography that
Ii
is not available from the photos.
This work will be completed within 20 calendar days after
award of contract.
2 . HYDRAULICS DESIGN: This work will include the channel
design for the project. It will also include the design of
transitions. The capacity of the existing road crossing
structure will be analyzed.
This work will be completed within 28 calendar days after
award of contract.
3. PREPARATION OF FINAL PLANS: These plans will include plan
profile sheets, construction details and sections, and
transition details . Special Provisions will also be prepared
for the project.
This work will be completed within 60 calendar days after
award of contract.
We will attempt to tie our work to existing survey monuments along
the project route. We do not plan to do any extensive boundary
surveys to establish property boundaries except where monuments of
record can be located.
This proposal does not include the preparation of right-of-way
descriptions or negotiations with property owners for rights-of-
entry or rights-of-way. We assume that the City will handle these
matters.
The Special Provisions will be prepared for inclusion in a final
specification to be completed by the City and will be to define the
project or to amend the 1988 Standard Specification for Public
Works Construction.
II ,
FEE:
We propose to do the work as defined in this proposal and in
the City's Request for Proposal for the following flat fees :
Labor 7, 100
Contract for Aerial Topography 2,500
Expenses 250
� ! Total 9, 850
NOTE: The above fees include markups for overhead, and profit.
Our work will be billed as follows:
- 85 percent due within 20 days after submittal of the plans and
specifications for plan check.
- 15 percent due within 20 days after submittal of the Final
Design.
('
•
� IIr
• . • •
PROJECT ENGINEER - GARY KALSBEEK
•
Mr. Kalsbeek has been a Project Engineer for 15 years. He has
designed several canal systems and hydraulic structures for various
irrigation districts. His experience also includes pump station
designs, pipeline design, hydroelectric project design, road
design, and channel improvement projects designs.
Examples of Mr. Kalsbeek ' s work include:
Hydraulic Proiects
• Yuba-Bear River - River Project Power Canal
Bowman Canal
1 Tehama-Colusa Canal Extension
Glenn-Colusa Main Canal Master Plan
i , Central Oregon Flume replacement
North Unit Canal Check Structure
! Central Nebraska Canal Enlargement
Clear Creek Siphon Protection
',; Subdivision Design
ii Silverbridge Estates - Redding
Lakewood Estates - Redding
Hydroelectric Projects
is
Phieffer Hydroelectric Project - 250 kw
Bowman Hydroelectric Project - 3.5 mw
Combie hydroelectric Project - 1.5 mw
I
I
I'
•
' PROJECT TEAM
PROJECT MANAGER - ROGER FROSLIE
Mr. Froslie will be responsible for directing the efforts of the
staff members assigned to this project. His duties will include
meeting with the City Staff, other affected parties, and providing
overall quality assurance and project review.
i„ Mr. Froslie has twenty-six years experience as a Civil Engineer and
has owned and managed a civil engineering business for fourteen
years. His projects have included many commercial and residential
subdivisions; the design of many commercial, industrial, and office
buildings and/or complexes; design of a number of bridges; and the
preparation of specifications and cost estimates for many projects.
Examples of projects completed under Mr. Froslie' s direction
include:
SUBDIVISIONS IN REDDING
Woodhaven Homes Subdivision
Sunwood Homes Subdivision
Sunshine Homes Subdivision
Parkwood Estates Subdivision
Valley View Estates Subdivision
River Park Highlands Subdivision
COMMERCIAL PROJECTS
North Point Plaza - Redding
Redding Waterworks Park - Redding
Petro Truckstop - Corning
Cowtown Plaza - Red Bluff
1 Adobe Plaza - Red Bluff
Redding Mall Addition - Redding
Palo Cedro Shopping Center site work - Palo Cedro
Redding Shopping Center (Food Connection) - Redding
BRIDGES
Ii<
Sacramento River Bridge at Aramayo Way - Tehama County
1 Sacramento River Bridge at South Avenue - Tehama County