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HomeMy WebLinkAboutReso. 1988-028 - Approving the client-consultant agreement for design of sactamento river trail pedestrian bridge RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE CLIENT-CONSULTANT AGREEMENT FOR DESIGN OF SACRAMENTO RIVER TRAIL PEDESTRIAN BRIDGE, AND AUTHORIZING THE CITY MANAGER TO SIGN ALL NECESSARY DOCUMENTATION IN CONNECTION THEREWITH. BE IT 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 Client-Consultant Agreement for Design of Sacramento River Trail Pedestrian Bridge dated January 6 , 1988 , a true copy of which is attached hereto. 2 . That the City Manager of the City of Redding is hereby authorized and directed to sign said Agreement and all necessary documentation on behalf of the City of Redding in connection therewith, and the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on the aforesaid documents , when appropriate. 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 January , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Fulton , Gard, Johannessen , & Carter NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS : None SCOTT CARTER, Vice-Mayor City of Redding ATTEST: OR PPPROVEED: / , ETHEL A. NICHOLS , City Clerk RANDALL A. HAYS, • ty Attorney I .1 • . S CLIENT-CONSULTANT AGREEMENT FOR DESIGN OF SACRAMENTO RIVER TRAIL PEDESTRIAN BRIDGE THIS AGREEMENT, made and entered into this 6th day of January, 1988 ,by and between the CITY OF REDDING, a municipal corporation of the State of California, hereinafter referred to as "City" and the firm of Charles Redfield, Consulting Engineer, hereinafter referred to as "Consultant" for professional engineering services for the project known as the Sacramento River Trail Pedestrian Bridge Design. I. BACKGROUND AND OBJECTIVES { The goals of the services to be provided are as follows: A. Assist the City, its officials, and commissions in developing the most appropriate bridge design for the circumstances and location. B. Finalize the location and specific alignment for the bridge and trail approaches. C. Conduct hydrologic and foundation analysis that will help set limits for the bridge design. D. Provide complete engineering, survey work, and construction drawings to the construction of the approved bridge. E. Provide on-site review during construction. It is the City's aim to have a quality bridge that will have useable life in excess of 50 years. It is anticipated that the bridge will become the focal point for users of the trail and must have a visual quality that enhances the river corridor. It is the City's desire that the view of the bridge will be a source of pride for Redding residents. One of the primary goals of the Sacramento River Trail has been for those enjoying the natural beauty of the River to establish an identity with it that will increase their willingness to support its protection as a natural resource. The design and construction of the bridge must also be sensitive to this goal . II. PROJECT DESCRIPTION AND GUIDELINES A. The project is located in northwest Redding on the Sacramento River approximately 3,000 feet below Keswick Dam. Selection of the exact location will take place after a geological foundation study has been conducted, as outlined in Task No. 1. The attached site plan illustrates the general location. B. Proposed is a 12±-foot-wide concrete stress ribbon pedestrian bridge approximately 400 feet in length. The actual width and length, as well as the need for an intermediate pier, shall be evaluated during the course of design. Primary considerations influencing design are: foundation analysis , aesthetics , construction costs, Pg. 1 4 4 • floodplain impacts, minimizing or avoiding scarring of natural rock outcroppings, and the ability to introduce remedial dampening of the structure. C. Structurally, the bridge shall be designed to handle the following loads: 1. Pedestrians , cyclists , and handicap use. 2. Small vehicle loads (not exceeding 10 tons gross weight) for emergency vehicles and small maintenance trucks. 3. Two electrical conduit lines and telephone cable shall be incorporated into the understructure of the bridge. D. Aesthetically, the texture, color, and scale of materials shall incorporate or complement the natural rock outcroppings found in the river corridor. E. The lowest point of the bridge structure shall have a minimum height of 3 to 5 feet above the 100-year flood elevation of 515 feet above sea level . F. Railings shall be designed to provide safe crossing for pedestrians and cyclists. Lighting should be incorporated into the railing in anticipation of future use. III. SCOPE OF WORK The work is divided into three tasks, as follows: A. Task No. 1 - Preliminary Design 1 . Evaluation of Sites for Anchorages, Abutments, and Piers* (a) Provide a geotechnical investigation report prepared by a registered geologist. This report will summarize the results of a literature review of available geotechnical and geological information, subsurface exploration, laboratory testing for compression if required, and engineering analysis. (b) Foundation exploration will include: (1) Geological mapping at site; (2) two core borings, 25 to 30 feet deep. One core will be located near each abutment anchorage as determined by the engineer; (3) recommended length of anchorages, excavation slopes, and excavation depth of bedrock surface. Design criteria and recommendations will be provided for the anchorage system, the abutments, and if part of the bridge design, the pier. *The necessity for an evaluation of the design requirements for a pier will depend on whether the bridge has two spans. Pg. 2 • r 2. Present Preliminary Design to City Staff (a) Provide schematic conceptual drawings for the bridge, including the anchorages. (b) Provide complete preliminary construction cost estimate for the bridge. (c) Present and discuss preliminary design with City staff. Modifications to the preliminary design will be incorporated into the final design. (d) The results of the preliminary design evaluations for the bridge, including its selected location and alignment, shall be presented in a Preliminary Design Report. The report will include a description of the recommended project, schematic drawings, construction cost estimate, design criteria, geological foundation study addressing the anchorages, abutments, the pier, and a hydrological study if applicable. Ten copies of the report will be provided to City staff. It will also include a perspective rendering for presentation to the City Council . (e) The Preliminary Design Report shall also include a "not to exceed" fee for performing Task No. 2 if it varies from the stated fee on Page 5 of this contract. 3. Field Investigation (a) Prior to completion of Task 1-2(d) -and (e), conduct an on-site evaluation of existing structures to gain firsthand knowledge of the structural characteristics of the bridge, visual considerations and how well received the bridges are to casual use. In other words , do people feel comfortable using them under light or heavy loads. This portion of the evaluation should also focus on design solutions that would adequately address any perceived deficiencies in bridge aesthetics, user acceptability, and long-term maintenance. Of particular concern are the durability and appearance of railings , the finished surface of the bridge deck, and the section joints. (b) Findings of the field investigation shall be incorporated into the Preliminary Design Report and be accompanied by color slides or video cassette of sufficient detail to address the concerns outlined. The intent of the preliminary design phase is to assista the City in determining the feasibility of proceeding with the final design both from an engineering and project cost standpoint. The preliminary design is to be approved by the City Council prior to commencing with Task No. 2. Pg. 3 1 S The scope of services for Task No. 2, as described below, may be modified as a result of the findings in the Preliminary Design Report (Task No. 1) . If modifications are necessary, then the scope of services and cost of services may be renegotiated prior to commencement of Task No. 2. B. Task No. 2 - Final Construction Drawings and Specifications 1. Prepare final contract construction drawings and technical specifications. The drawings are to be ink on 24" x 36" double mat mylar. Blank mylar sheets will be provided to the Consul- tant by the City of Redding. The final design and drawings are to be approved by the City of Redding prior to reproduction. Provide originals and two sets of the approved contract construction drawings and technical specifications to the City of Redding who will then incorporate them into sets of contract specifications suitable for bidding solicitations. 2. Provide a contract construction estimate for each item in the proposal and the total estimated construction price. C. Task No. 3 - Consultant Supervision at Prebid Conference 1. The Consultant or his representative will be available at a prebid conference to answer any questions concerning the construction of the project. 2. The Consultant may be asked to assist the City during salient portions of the construction and and evaluation bidders. The extent of on-site construction assistance shall be discussed between the City and the Consultant at the time final plans and specifications are submitted. If it is determined that the extent of on-site construction assistance needed will exceed the time involved, as outlined in this contract, that portion of the contract may be renegotiated. All submitted information, drawings , and design data are the property of the City of Redding. IV. COMPENSATION Payment is based on completion of the tasks, as set forth above, with a not-to-exceed limit of $31,300, unless a written amendment to the contract is first approved. Task No. 1 - Preliminary Design 1. Foundation Study $ 15,100 The foundation study estimate includes an allowance for drilling in the amount of $5,200 and provides for five days of drilling, including mobilization and demobilization. The cost of the drilling contract will be invoiced separately and payment will be made within 30 days of invoice. Pg. 4 i • S 1. Prepare Preliminary Design Report $ 3,900 2. Field Investigation and Review of $ 1,400 Similar Bridges Task No. 2 - Final Construction Drawings $ 6,900 and Specifications Task No. 3 - Consulting Supervision at Prebid Conference 1. Prebid Conference $ 1,500 2. Construction Supervision $ 2,500 TOTAL $ 31 ,300 V. TIMING Based on timely reviews by the City, work performed under this contract is expected to be completed as follows: 1. Preliminary Design Report within nine (9) weeks of execution of contract. 2. Final plans and specifications within nine (9) weeks of receipt of written approval to begin Task No. 2. VI. RESPONSIBILITY The individuals listed on Attachment "A" are designated to do the assignments identified on that attachment. Billing shall be the responsibility of Charles Redfield. VII. METHOD OF PAYMENT Fees shall be billed upon the completion of each task by submittal of a statement to the City based on the costs identified in Section IV. Work will commence within two weeks of execution of the contract by both parties. Invoices are payable upon presentation. If the City decides to discontinue the engagement before its completion, payment will be based on personnel hours expended and costs incurred to the date of discon- tinuance based on Attachment "B." Any balance due will be refunded and any balance due Consultant will be payable upon invoice presentation. In the event any invoice is not paid within 30 days after rendering the invoice, it shall commence bearing interest on the date the invoice was rendered at the rate of 1 percent per month. All accrued interest, together with charges for services and expenses provided for in this assignment, are then due and payable. If accounts are unpaid forty-five (45) days from the date of billing, Pg. 5 work may be halted at the discretion of the principal-in-charge until payments are made current. In addition, the firm reserves the right to withhold delivery of work products or void time limits applicable to the contract in the event of delinquent receivables. VIII. CHANGES The City may, from time to time, request changes in the scope of the services or the consultants to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which is mutually agreed upon by and between the public body 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 con- tract 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. IX. TERMINATION OF CONTRACT FOR CAUSE This Agreement may be terminated by either party upon 10 days' written notice should the other party fail substantially to perform in accor- dance with its terms through no fault of the party initiating the termination. In the event of termination, which is not the fault of the Consultant, thee=Consultant-=sha11 be compensated for all services performed to the termination date. X. 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 thereunder. No person having any such interest shall be employed by Consultant. XI. ASSIGNABILITY The Consultant shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or nova- tion) 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. XII. PERSONNEL The Consultant represents that it has or will secure, at its owne 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. Pg. 6 • • All of the services required hereinunder shall be performed by the Consultant or under its supervision and all personnel engaged in per- forming the services are fully qualified and shall be authorized or permitted under State and local law to perform such services. All pro- fessional personnel , including subcontractors engaged in performing services for the Consultant under this contract, are indicated in a personnel listing on Attachment "A." Except as hereinabove agreed, no other portion of the services nor any right, title, or interest herein under 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 project director prior to execution and written approval granted by same before said change or substitution can become effective. XIII. INDEPENDENT CONTRACTOR Consultant, in accordance with his status as an independent contractor, 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 by any reason hereof, and that he will not by reason hereof 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, workmen 's compensation coverage, unem- ployment insurance benefits, social security coverage, or retirement membership credit. XIV. SETTLEMENT OF DISPUTES - ARBITRATION A. All claims, disputes, and other matters in question between the City and the Consultant arising out of, or relating to, the contract documents or the breach thereof, except for claims that have been waived by the making or acceptance of final payment, may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No person other than the City or Consultant shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial . Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described herein or with any person not named or described therein. The aforegoing agreement to arbitrate and any other agreement to arbi- trate with an additional person or persons duly consented to by the parties to the City/Consultant Agreement shall be specifically enforceable under the prevailing arbitration law. The award ren- dered by the arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Pg. 7 4110 • B. Notice of the demand for arbitration shall be filed in writing with the other party to the City/Consultant Agreement and with the American Arbitration Association. The demand for arbitration shall be made within a reasonable time thereafter the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceed- : ings based on such claim, dispute, or other matter in question would be barred by the applicable statute of information. C. Unless otherwise agreed in writing, the Consultant shall carry on the work and maintain its progress during any arbitration proceed- ings, and the City shall continue to make payments to the Consultant in accordance with the contract documents. XV. INSURANCE Consultant shall , at all times that this Agreement is in effect or the premises are occupied by Consultant, cause to be maintained in force and effect an insurance policy or policies that will insure and indem- nify both City and Consultant against liability or financial loss resulting from injuries occurring to persons or property in or about the premises or occurring as a result of any negligent acts or activity of Consultant. The liability under such insurance policy shall be not less than $250,000 for any one person injured or $500,000 for any one accident and $50,000 for property damage or a combined single-limits policy of not less than $500,000. The policy shall be written by a responsible company or companies, to be approved by the City, and shall be noncancelable except on ten days' written notice to the City. Such policy, shall name the City, its officers, agents, and employees as additional insured and a copy of such policy shall be filed with the City Clerk. Evidence of Worker's Compensation Insurance shall be provided. It shall name the City of Redding as additional insured but only with respect to employees hired by and included on the payroll of the Consultant while performing work for the City. XVI. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE All 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 reports, data, or other materials prepared under this Agreement. The City will give credit to the Consultant for his engi- neering services in any public relations bulletin that may be published concerning the project. XVII. INDEMNIFICATION Consultant agrees to protect, defend, indemnify, and hold harmless 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 prop- erty or other rights of any person or persons , caused by the negligent acts, errors , or omissions of the Consultant. Consultant's obligation to protect, defend, indemnify, and hold harmless, as set forth herein- above, shall include any matter arising out of any actual or alleged Pg. 8 s 4 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, its officers , agents , and employees from and against any and all claims , liability for compensation under the Workmen's Compensation Act arising out of injuries sustained by any employee of Consultant. XVIII. DEFAULT OR FAILURE TO PERFORM If through any cause the contractor shall fail to fulfill in timely and proper manner its obligation under this Agreement, or if the contractor shall violate any of the covenants or stipulations of this Agreement, the client shall thereupon have the right to terminate this Agreement by giving written notice to the contractor of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. In such event, all finished and unfinished documents become its property and the contractor shall receive just and equitable compensation and reimbursement for the work completed. Except with respect to defaults of subcontractors to the contractor, the contractor shall not be in default by reason of any failure to perform this Agreement in accordance with its terms (including any failure by the contractor 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 contractor. 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 embar- goes; 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 contractor or its subconsultant or its subcontractor. If the failure to perform is caused by the failure of a Consultant or sub- contractor to perform or make progress, and if such failure arises out of causes beyond the control of both the contractor and the subcon- tractor and without the fault or negligence of either of them, the contractor shall not be deemed to be in default. Pg. 9 • , , • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by Consultant the day of December, 1987, and by City the day of December, 1987. ACCEPTED: BY: B Y: o�...c Robert M. Christo son Charles M. Redfie TITLE: City Ma ager, City of Redding DATE: f ‘/err ATTEST: BY: Ethel Nichols TITLE: City Clerk DATE: FORM APPROVED: BY: f044,exer /x42ll Hays TITLE: City Attorney DATE: lage,e,,,Ite" Pg. 10 II" • ATTACHMENT "A" Person Firm Responsibility Charles Redfield Charles Redfield Tasks 1 , 2, and 3 Consulting Engineer Project Administrator Kenneth B. King Converse Consultants Tasks 1(A) & 3 Michael Carey Converse Consultants Tasks 1(A) Charles Brown Converse Consultants Tasks 1(A) & 3 Tomas Kompfner Charles Redfield Tasks 1(B) , 2, & 3 Consulting Engineer H. K. Lu Charles Redfield Tasks 1(8) & 2 Consulting Engineer Jiri Strasky Dopravni stravby Tasks 1(8) , 2, and 3 Engineers Lynn Schneider Charles Redfield Tasks 1 & 2 Consulting Engineer I • Pg. 11 ATTACHMENT "B" BILLING RATE SCHEDULE Charles Redfield, Principal in Charge $ $80/hour Kenneth B. King, Principal $ $110/hour Michael Carey, Project Eng/Geo. $ $66/hour Charles Brown, Supervising Field Technician $ $65/hour Tomas Kompfner $ $60/hour H. K. Lu $ $35/hour Jiri Strasky $ $80/hour Lynn Schneider $ $30/hour * 15-percent surcharge on expenses or outside costs. Auto expense is 40t per mile. Pg. 12