HomeMy WebLinkAboutReso. 1988-122 - Adopting the 53rd amendment to the city budget resolution no. 87-214 411 411 .
RESOLUTION NO. n -'122,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND ADOPTING THE 53rd AMENDMENT TO THE CITY
BUDGET RESOLUTION NO. 87-214 APPROPRIATING $16 , 000 FOR
CONSULTING SERVICES ASSOCIATED WITH THE TURTLE BAY
MUSEUM DEVELOPMENT.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF REDDING:
THAT the Annual Budget Resolution No. 87-214 be and is hereby
amended as follows:
FUND DEPT DESCRIPTION DECREASE INCREASE
111 427 Non-Departmental $ 16 , 000
THAT account titles and numbers requiring adjustment by this
Resolution are as follows:
Source Use
of funds of funds
Increase Revenues:
General Fund
A/C No. 111-06-5750* St-Grant Museum/Turtle
Bay Development $ 16 , 000
Increase Appropriations:
Non-Departmental
A/C No. 111-427-2259 Other Contracts 16 ,000
$ 16 ,000 $ 16 ,000
* New Revenue Account
THAT the purpose is to appropriate $16 , 000 for consulting
services for the development of Turtle Bay as a museum center.
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 5th day of April , 1988 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Carter , Fulton , Gard , Johannessen , & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS : None f
ABSTAIN: COUNCIL MEMBERS: Nor
ff tel /, 1.i�+/ ` r
MIK \DAHL, Mayor
City of Redding
•
AaZe, vC .0.i ';Ro VED:
ETHEL A. NICHOLS, City Clerk RA1JALL A. HAYS, itv ttorney
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CLIENT-CONSULTANT AGREEMENT
FOR
PARK MARINA DRIVE, TURTLE BAY
SPECIFIC PLAN
THIS AGREEMENT, made and entered into this day of
April, 1988 , by and between the CITY OF REDDING, a municipal
corporation and general law city of the State of California,
hereinafter referred to as "City, " and DANGERMOND & ASSOCIATES ,
INC. , a California corporation, hereinafter referred to as
"Consultant, " for the following professional services for the
project known as the Museum Complex Project in the Turtle Bay
area.
I . SCOPE OF WORK AND COMPENSATION . Payment shall be based
on tasks as set forth below with a not-to-exceed limit for the
final price , unless a written amendment to the contract is
approved, of Sixteen Thousand Dollars ($16 , 000 . 00) .
II . TASKS.
(1 ) Precising the plans and program for the overall site ,
as well as the individual museums. This would be
preparatory work for the invitation of proposals for
architectural and planning services .
(2) Development of rough-cost estimates for the project,
broken down into the various elements and probable
phases . The estimates would be sufficient to seek
grant funding.
(3) Assistance in identifying possible sources of outside
funding and in the obtaining of such funds. Assistance
in setting up the opportunity for state bond funding
for portions of the complex.
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(4) Continued project coordination between the City and
other entities involved in the project. Assistance in
development of Memorandum of Understanding between the
City and the entities with regard to development of
individual museum sites .
(5) Continued idea development and scoping.
(6) Consultant shall work closely with the consultant for
the EIR on the specific plan (Sharrah-Dunlap
Associates) . The Consultant shall provide all
per-tinent environmental data for the museum project for
the evaluation by Sharrah-Dunlap in a timely manner so
that environmental review process is not delayed. This
includes : internal parking and traffic circulation
design, building heights, phasing, lighting, and
additional pertinent environmental data.
III . PROJECT FEE AND PAYMENT FOR SERVICES. The project fee
shall be charged on a time-and-expense basis for labor, services,
and expenses actually incurred by Consultant, not to exceed the
total amount of Sixteen Thousand Dollars ($16 ,000 .00) . Fees by
Consultant shall be based upon the following rate schedule.
$75 .00/hour Principal
$25 . 00/hour Associate Planner
$15 . 00/hour Secretarial
Expenses shall be billed at Consultant' s cost. Monthly invoices
shall be submitted for progress payments based on work completed
to date, with expenses billed on the same invoice and identified
separately from labor. Accounts are due and payable upon receipt
of invoice.
IV. CHANGES. The City may, from time to time, request
changes in the scope of the services of the Consultant to be
performed hereunder. Such changes, includinc 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
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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.
V. CONFLICT OF INTEREST. 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.
VI . ASSIGNABILITY. 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 Consultant from City under this
contact 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 City.
VII . PERSONNEL. Consultant represents that it has, or will
secure at its own expense, all necessary personnel required to
perform the service under this contract. Such personnel shall
not be employees of or have any contractual relationship with
agencies providing funds for the project.
All services required hereunder shall be performed by
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Consultant or under its supervision, and all personnel engaged in
performing the service are fully qualified and shall be
authorized or permitted under State and local law to perform such
services.
Except as hereinabove agreed, no other portion of the
services, nor any right, title, or interest under this contract
shall be assigned transferred, conveyed, or subcontracted without
the prior written approval of City.
VIII . INDEPENDENT CONTRACTOR. Consultant, in accordance with
its status as an independent contractor, covenants and agrees
that it will conduct itself consistent with such status, that it
will neither hold itself out as nor claim to be an officer or
employee of City by reason hereof, and that it 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 City,
including, but not limited to, workmen' s compensation coverage,
unemployment insurance benefits, social security coverage, or
retirement membership credit.
IX. SETTLEMENT OF DISPUTES - ARBITRATION.
A. All claims, disputes, and other matters in question
between City and 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
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agree otherwise. No person other than 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
arbitrate 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 rendered by the
arbitrators shall be final and judgment may be entered
upon it in accordance with applicable law in any court
having jurisdiction thereof.
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 he made
within a reasonable time after 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 proceedings based on such claim,
dispute, or other matter in question would be barred by
the applicable statute of limitations.
C. Unless otherwise agreed in writing, Consultant shall
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carry on the work and maintain its progress during any
arbitration proceeding, and City shall continue to make
payments to Consultant in accordance with the contract
documents.
X. INSURANCE. Consultant shall at all times this Agree-
ment 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 indemnify both City and Consultant
against liability for 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 once accident, and $100 ,000 for property damage, or $500 , 000
combined single limits coverage. The policy shall be written by
a responsible company or companies , to be approved by the Risk
Manager of City, and shall be noncancelable except on ten (10)
days ' written notice to the City. Such policy shall name the
City, its officers, agents , and employees as additional insureds
and a copy of such policy shall be filed with the City Clerk.
Evidence of worker' s compensation insurance shall be provided.
XI . OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE. All
documents and materials prepared pursuant to this Agreement are
the property of 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. City will give credit to Consultant for
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his planning services in any public relations bulletins that may
be published concerning the project.
XII . 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
property or other rights of any person or persons, caused by the
negligent acts, errors , or omissions of Consultant. 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 City, its officers,
acents , 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.
XIII . DEFAULT OR FAILURE TO PERFORM. If through any cause
Consultant fails to fulfill in a timely and proper manner its
obligation under this Agreement, or if Consultant violates any of
the covenants or stipulations of this Agreement, City shall
thereupon have the right to terminate this Agreement by giving
written notice to Consultant of such termination and specifying
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the effective date thereof, at least twenty (20) days before the
effective date of such termination. Written notice shall be
addressed to Consultant at 2630 Land Park Drive, Sacramento,
California, 95818 . In such event, all finished and unfinished
documents become the property of City, and Consultant shall
receive just and equitable compensation and reimbursement for the
work completed.
Except with respect to defaults of approved subcontractors
to Consultant, Consultant shall not be in default by reason of
any failure to perform this Agreement in accordance with its
terms (including any failure by 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 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 mustbe beyond the control and without the fault or
negligence of Consultant or its subconsultant. If the failure to
perform is caused by the failure of Consultant or subconsultant
to perform or make progress , and if such failure arises out of
causes beyond the control of both Consultant and subconsultant,
and without the fault or negligence of either of them, Consultant
shall not be deemed to be in default.
XIV. CEQA. It has been determined that this matter is not
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subject to the provisions of the California Environmental Quality
Act (CEQA) .
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by Consultant the day of April,
1988 , and by City the day of April, 1988 .
DANGERMOND & ASSOCIATES , INC.
By:
PETER DANGERMOND, President
CITY OF REDDING
By:
ROBERT M. CHRISTOFFERSON
City Manager
ATTEST:
ETHEL A. NICHOLS , City Clerk
APPRO ED AS TO FORM:
eeec
DAL A. HAYS, Ci ! Attorney
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