HomeMy WebLinkAboutReso 1990-305 - Authorizing the mayor to sign the "agreement between client and consultant" between the city of redding and evergreen engineering RESOLUTION NO. 9/2- 25-
A
/,' o -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
BONNYVIEW DRAIN FROM LAKEWOOD DRIVE TO GIRVAN ROAD, IN AN
AMOUNT NOT TO EXCEED $11 ,500 .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 $11 ,500 .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
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NANCr' BUFFUW;i Mayor
Ci i_ of Redding
ATTEST: F RM PPROVED:
ETHEL A. NICHOLS, City Clerk RAN ALL A. HAYS, /City Attorney
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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 Bonnyview Drain from Lakewood `
Drive to Girvan Road.
hereinafter called the "project. "
The client and consultant for mutual consideration hereinafter set
forth, agree as follows:
ii A. Consultant agrees to perform services as defined in their
! il letter of proposal dated June 8 , 1990 and hereby made a
part of this contract.
B. Client agrees to compensate consultant for such services
as defined in proposal letter dated June 8 , 1990 for the
flat fee of $11 , 500 . 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:
EVER ' ' GINEERING CLIENT
_1_ t/-0cat :
By:
400proslie Date:
Name:
Title:
Tee (Lew sad canwacant wee that the foil pre•hsuons shall be a pa.. Si their agrement.
t: The cheat Lund. u..wwa n.s pinnnt, s isnrontors, ada.n.sarasors, sta.' assigns to t., haat a. ,lass agreement in aspect to all it iAe
teems arta corsd.huns el this igretme.s.
2. Neither Isis. (Lent nor eon,•ltaist tnaa assign his interest .n Ih.s fifer,Nnt w.iA.wt ile wralien consent of the Otter
1 Nu tond...ois or ,epreientat.Jni, atter.ng, do .ng (inns, no, Adding so the terms hereof shill be •al.J unless p. nlr.i r caesura flutes or ev.
Jeneed .a vr.r.ng by ether path to this Agreement and accepted .n oriels, by the ..the,
• One or more oa.•ers of an, term, cen.1.1.on of covenant by the coniulunt thstl awn be construed by the (!lent as a va.•er of a ►..btcq.ent breach a
the same or any utter terns, <one.t,on of ca•etunt
In the evens any pto•...on of Ulu agt.^esment that! be held to be invalid and unen(oreeable, else oilier pr.a•ra.ons of this agteemenr shall be •ALJ and
binding on the;Ames hereto
6. The (Onwa.ne is not rnpons.ble for !clay, nor shill consultant be responsible tut Jan►tgex us be in Jelault or deemed to be .n Jelivlt by reason of
wiles. le(ko..rs, stc.dt+ht►, nr acts of God, or the (astute of Client to (utn.th timely tnlnrmat.on sir w :ppru•► or J.sapprv.e cunsul►ant► voila peumptly, of
I delay at (au:ty performance by Cheat, Other tonsat:ors. or ;aveenmern at agencies. or any other delays beyond consult us,s reasonable control
7. Consvitant shall not be liable for damage resulting from the actions or Inactions of govern mental agencies antivd.ng, but not limited le peem.t pro.
ceasing. en•.ronmcnul impact repent, dedications. general plans and amendments thereto, inning mantes, anaesatsons Or tunisalsJat.uns, vte at eomlit.oiat
use permits, and building permits, and consultant shall only set ss an Walser in all governmental relations.
t In the event of litigation on this agreement, the interpretation thereof,and all disputes or controversies arising be/conchs shall be governed by the law
of the state sit California.
9. In the event that Client institutes a suit against consultant because of any failure or alleged failure to perform, error, omission, or negligence, and .1
such suit is not successfully prosecuted. or .f it is dismissed. or if verdict is rendered for cnnsulianr, client agrees to pay consultant any and all costs of de.
tense, including attorneys fen, expert witnesses fees, and court costs and any and all other expenses of Jrtense which may be needful, immediately hallow. .
ing dismissal of the cue or immediately upon judgment being rendered in behalf of consultant. •
10. In she event that litigation be instituted under the terms and conditions of this agreement, she same is so be brought and stied in judicial jurisdiction
of the court of the county in which the consultant's principal place of business is located And client waives the right to have the suit brought, or tried aa, or
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removed to any other county or judicial jurisdiction.
tr_ Should litigation he necessary to enforce any term or provision of this agreement. or to collect any portion of the amount payable under this agree.
' meat. then all litigation and collection expenses,witness fees and court coats, and attorneys fees dull be paid se the prevailing party.
IL There are no understandings or agreements except as herein expressly stated.
13. All original papers and documents, and copies thereof, produced as a fault of this contract, except documents which are requited to be tiled with
public agencies, shall remain the property of the consultant and may be used by consultant without the consent of client.
14. Services provided within this agreement ate for the exclusive use of the client (or the project only.
IL Client and consultant agree to cooperate with each other in any and every way or manner tan the prurcet.
14. Upon written request,each of the parties hereto shall execute and deliver, or Cause to be executed and delivered, such additional instruments sad
documents which may be necessary and proper to carry out the terms of this agreement.
17. The terms and provisions of this agreement shall not be construed to alter, waive, or affect any lien or stop notice rights, which the consultant may
1' have for the performance of services under this agreement.
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11. The consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or
drawings other than that all such figures are estimates only and the consultant shall not be responsible for fluctuations in Cost factors.
19- Consultant does not guarantee the completion or quality of performance of contract or the completion oc quality of performance of contracts by the
construction contractor or contractors, or other third parties. nor is he responsible for their acts or omissions.
20. Consultant makes no warranty,either express or implied, as to his findings,rrcommenaatiuss,specifications.or professional advice except that the work
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, and he is not responsible for
any liability that may arise out of the making or failure to make soil surveys,or subsurface soil tests,or general soil testing.
22. Estimate of areas provided under this agreement are nut to be considered precise unless consultant specifically agrees to provide the precise determina-
tion of such areas. •
23. In 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,any and all liability arising out of such changes is waived as against the consultant and the client assumes full responsibility for such changes unless
client has given consultant prior notice and has received from consultant written consent (or such changes.
24. The consultant is not responsible, and liability is waived by client as against consultant, for use by client or any other person of any plans or drawings
not signed by consultant.
23. Consultant has a right to complete all services agreed to be rendered pursuant to this contract. In the event this agreement is terminated before the
( completion of all services, unless consultant is responsible for such early termination, client agrees to release consultant from all liability for work performed.
26. Client agrees that consultant will not perform on-site construction review fns this project unless specifically provided fnr in,bit agreement, that such
services will be performed by others,and that the client will defend, indemnify,and hold consultant harmless (rum any and ill liability arising from or resulting
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from the performance of construction review by other persons.
27. The client agrees that in accordance with generally accepted construction practice's. the construction contractor will be required to assume sole and
complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this require-
ment
equiremeet 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 harmless from Any And all liability, teal or alleged, in connection with the performance of work on this project, excepting liability arising from the sole
negligence of the consultant.
211.The client agrees to limit the consultants liability to the client and to all contractors and subcontractors on the project,due to professional negligent
'cu. errors or omissions of the consultant to the sum of 330,000 or the consultant's fee, whichever is greater.
29. MI lees and other charges will be billed monthly and shall be due at the time of billi*g unless otherwise specified in this agreement.
30. Clime hereby agrees that the balance as stated on the billing from the consultant to client is correct,conclusive and binding on the client unless client
within ten (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 Cl1ARGE will be computed at the periodic tate of 1.S1 per month, which is an ANNUAL PERCENTAGE RATE of
13%, and will be applied to arty unpaid balance commencing )0 Jays slier the date of the originsl invoice.
32. les the event that the plins, specifications, and/or field work covered by this contract are those required by various governmental agencies and in the
event that due to change of policy of said agencies after she date of this agreement, additional office or held work is tegvired, the said additional rock Man
be paid lot by client as extra work.
33- In the event of any inmate of coats due to the granting of wage increases and/or other employee benefits to field or office employees due to she
terms of Any labor agreement, or rise in the cost of living, during the lifetime of this Agreement, such percentage increase shall be applied to all remaining
compensation.
34. In the event that any staking is destroyed by an act of God or parties other than consultant, the cost of '(staking shall be paid for by client as emu ,
weak.
33. The client dull pay the cons of checking and inspection Ins, toning and annrsatinn application fees, assessment fes, soils engineering feet, roils
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testisff fees, aerial topography fres, and all other las, permits. bond premiums,tale company charges, blueprints and reproductions, anal all other charges not
specifically covered by the terms of this agreement.
34. In the evert all sir .thy puelaun of the work prepared or partially prepatel by the cnt.smilint be syspendeJ,abandoned.nr terininaaJ,she client shall pay
the Cunsulsait for all fess,charges,and servacas provided for the prosect;not t.a(meted any contract limit si ecifieJ herein.
37. M the event of any litigation,client agrees to pay to consultant interest on all past due balances at the rate of ten pec teres pet annum.
311. In th, event (l.est fails to pay consuteswt within tA.try (30) Jays after in•o.(es art renJeted. client *env. that t/nawlunt shall have the right to ton-
sidet said Jel.ult a hoist Mes•.b of tt..s aa;re...enc ahJ, vpi.n written socia, the Jue.es, alai.}seising ahJ ,e•pnns.b.htrts 01 the t.Nhssitar.t under thus agreement
' vex•e.:,.... ,i 1. ....• ....... .1... .t..0 .i... .._ ___ .._ 1.._. r._ •n _r .a_ t_. ilii.._. ._-1 ......... nrn..JrJ by Consultant_
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Evergreen Enginering Corporation
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ENGINEERING D SURVEYING o DESIGN
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June 8 , 1990
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Mr . John James, Engineer
Public Works- Field Operations
City of Redding
760 Parkview
Redding , California 96001
SUBJECT: Revised Proposal for Engineering Services for Bonnyview
lei Drain.
We are pleased to offer this proposal for our Firm to provide
engineering services for the design of the Bonnyview Drain from
Lakewood Drive to Girvan Road . 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.
We appreciate the opportunity to prepare this proposal for you.
Thank o for your consideration of our Firm.
Y. . y trul
Aer
Rog= . 120ie
RJF
5000 BECHELLI LANE, SUITE 201 • REDDING,CA 96002 • (916)222-1323
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PROPOSAL FOR ENGINEERING SERVICES
FOR THE DESIGN OF
BONNYVIEW DRAIN
FOR THE CITY OF REDDING
PROJECT DESCRIPTION:
The City of Redding is planning to reconstruct the Bonnyview
Drain from Lakewood Drive to Girvan Road. The Drain will be
designed to handle 1000 c. f.s . which represents the 100-Year flood
flow. Existing road crossing structures 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.
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PROPOSED WORK PLAN AND SCHEDULES:
i 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
obtain the detailed structure information and topography that
', 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
i 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
i!. 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
1 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.
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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 8,700
' Contract for Aerial Topography 2, 500
Expenses 300
Total 11 , 500
NOTE: The above fees include markups for overhead, and profit.
, Our work will be billed as follows :
j - 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.
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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.
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
Adobe Plaza - Red Bluff
Redding Mall Addition - Redding
Palo Cedro Shopping Center site work - Palo Cedro
Redding Shopping Center (Food Connection) - Redding
BRIDGES
Sacramento River Bridge at Aramayo Way - Tehama County
Sacramento River Bridge at South Avenue - Tehama County
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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 Projects
Yuba-Bear River - River Project Power Canal
Bowman Canal
Tehama-Colusa Canal Extension
Glenn-Colusa Main Canal Master Plan
Central Oregon Flume replacement
North Unit Canal Check Structure
Central Nebraska Canal Enlargement
Clear Creek Siphon Protection
Subdivision Design
Silverbridge Estates - Redding
Lakewood Estates - Redding
Hydroelectric Projects
Phieffer Hydroelectric Project - 250 kw
Bowman Hydroelectric Project - 3.5 mw
Combie hydroelectric Project - 1.5 mw