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HomeMy WebLinkAboutReso. 1988-299 - Approving the agreement between the city of redding and sharrah dunlap & associates, inc/r : ' ' 410 III RESOLUTION NO. 8,?. .2' 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND I SHARRAH DUNLAP & ASSOCIATES, INC. , AND AUTHORIZING THE MAYOR I TO SIGN SAME. I 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 attached Agreement for services regarding formation and improvement of the Clover Creek Assessment District project, entered into by and between the City of Redding and Sharrah Dunlap & Associates, Inc. ; and 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents 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 on the aforesaid Agreement, when appropriate. 3 . That a true copy of said Agreement is attached hereto I and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at an/g39111fralV meeting of the City Council of the City of Redding on the 18th day of August , 1988 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS: Buffum, Dahl, & Johannessen NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS : Carte &~'F' lton, ABSTAIN: COUNCIL MEMBERS : None j K%MAURa'CE/JOHANNESSEN, Mayor City of Redding ATTEST: FORM APP VED: 'v ,646 2.,,a, f: it-474,1,7 ,,,,,, ETHEL A. NICHOLS , City Clerk RANDALL A. HAYS , City Attorney kv Nk1 I 411 4 AGREEMENT THIS AGREEMENT is made and entered into this day of August, 1988 , by and between SHARRAH DUNLAP & ASSOCIATES , INC. , 3161 Bechelli Lane, Suite 103 , Redding, California 96001 , hereinafter referred to as "Consultant, " and the CITY OF REDDING, 760 Parkview Avenue, Redding, California 96001-3396 , hereinafter referred to as "City. " CITY AND CONSULTANT AGREE AS FOLLOWS: City intends to have the Clover Creek Assessment District, hereinafter referred to as "project, " formed and improvements constructed. Consultant agrees to perform the scope of services described in Exhibit "A" attached hereto and incorporated herein. City agrees to compensate Consultant for such services as follows: Phase I - Time and materials as described in Exhibit "B" attached hereto and incorporated herein, not to exceed $20 ,000 . 00 . Phase II - Only if an adequate petition is presented upon completion of Phase I , a $350 , 000 . 00 fixed fee to be paid on a percentage completion basis within six months following City Council adoption of a Resolution ordering the work of improvement pursuant to §10312 of the Streets and Highways Code for assessment district proceedings, or upon sale of assessment district bonds, whichever occurs first. Further work and payments to be made on the basis of monthly invoice, until 100% of services are performed and $350, 000 . 00 paid. 110 111 PROVISIONS OF AGREEMENT: City and Consultant agree that the following provisions shall be part of their Agreement: 1 . This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of City and Consultant. 2 . This Agreement shall not be assigned by either City or Consultant without the prior written consent of the other. 3 . This Agreement contains the entire agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant. 4 . Consultant' s or City' s waiver of any term, condition, or covenant, or breach of any term, condition, or covenant shall not constitute the waiver of any other term, condition, or covenant, or the breach of any other term, condition, or covenant. 5 . If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant. 6 . This Agreement shall be governed by and construed in accordance with the laws of the State of California. 7 . Consultant shall only act as an advisor in all -2- • governmental relations . 8 . All original papers, documents, drawings, and other work product of Consultant, and copies thereof, produced by Consultant pursuant to this Agreement shall be the property of City. 9 . City acknowledges that its right to utilize the services and work product provided pursuant to this Agreement will continue only so long as City is not in default pursuant to the terms and conditions of this Agreement and City has performed all obligations under this Agreement. 10 . City and Consultant agree to cooperate with each other in every way on the project. 11 . Upon written request, City shall execute and deliver, or cause to be executed and delivered, such additional instruments, documents, governmental fees and charges which are necessary to perform the terms of this Agreement. 12 . Consultant makes no representations concerning soil conditions unless specifically included in writing in this Agreement, and is not responsible for any liability that may arise out of the making, or failure to make, soil surveys, subsurface soil tests, or general soil testing. 13 . City agrees not to permit any other person to use plans, drawings, or other work product prepared by Consultant which plans , drawings, or other work product are not final and which are not signed and stamped or sealed by Consultant. All designs , drawings , specifications, documents, and other work product of Consultant are instruments of service of this project, -3- 411 411 whether the project is completed or not. Reuse by City or by others acting through or on behalf of City of any such instruments of service without the written permission of Consultant will be at City' s sole risk. City agrees to indemnify and defend Consultant from all claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or consequential damages and attorney' s fees arising out of or in relation to such unauthorized reuse. 14 . Consultant has a right to complete all services agreed to be rendered pursuant to the terms of this Agreement. 15 . The standard of care applicable to Consultant' s services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services. Consultant will reperform any services not meeting this standard without additional compensation. 16 . Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. Said records will be available to City during Consultant's normal business hours for a period of one (1) year after Consultant' s final invoice, for examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incurred hereunder. City may only audit accounting records applicable to a cost-reimbursable type compensation. 17 . Consultant will maintain throughout this Agreement the following insurance: A. Worker' s compensation and employer' s liability insurance as required by the state or province where -4- 4111 the work is performed. B. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including on-site and off-site operations, and owned, non-owned, or hired vehicles , with $1 ,000 ,000 combined single limits . C. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents, or subcontractors, with $1 ,000 ,000 combined single limits. D. Professional liability insurance of $250 ,000 . E. City, its officers, agents, and employees shall be named as additional insured with respect to Consultant' s liabilities hereunder in insurance coverages identified in items "B" and "C, " and Consultant waives subrogation against City as to said policies. 18 . City shall give prompt written notice to Consultant whenever City observes or becomes aware of any development that affects the scope or timing of Consultant' s services, or any defect in the work of Consultant or construction contractors. 19 . If asbestos or hazardous substances in any form are encountered or suspected, Consultant will stop its own work in the affected portions of the project to permit testing and evaluation of the problem. If asbestos is suspected, Consultant will, if requested, assist City in contacting regulatory agencies and in identifying asbestos testing laboratories and demoli- tion/removal contractors or consultants. If asbestos is confirmed, City will engage a specialty consultant or contractor to study the affected portions of the work and perform all remedial measures. If hazardous substances other than asbestos are suspected, -5- i Consultant will conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee to be negotiated. 20 . City may make or approve changes within the general scope of services in this Agreement. If such changes affect Consultant' s cost of or time required for performance of the services, an equitable adjustment will be made through a written amendment to this Agreement. 21 . Consultant agrees to indemnify and defend City, its officers, agents, and employees from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of Consultant, its employees, or agents in connection with the project. City agrees to indemnify and defend Consultant from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of City, its employees or agents in connection with the project. If the negligence or willful misconduct of both the Consultant and City (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between Consultant and City in proportion to their relative degrees of negligence or willful misconduct, and the right of indemnity shall apply for such proportion. -6- 111 411 22 . If payment for Consultant ' s services is to be made on behalf of City by a third party lender, City agrees that Consultant shall not be required to indemnify the third party lender in the form of an endorsement or otherwise as a condition of receiving payment for service. 23 . If City fails to pay Consultant within thirty (30) days after invoices are rendered, City agrees Consultant shall have the right to consider such default in payment a material breach of this entire Agreement and, upon written notice, the duties, obligations, and responsibilities of Consultant under this Agreement are terminated. In such event, City shall promptly pay Consultant for all fees, charges , and services provided by Consultant. 24 . City agrees to pay a monthly late payment charge of one percent (1%) per month which will be applied to any unpaid balance commencing thirty (30) days after the date of the original billing. 25 . If Consultant, pursuant to this Agreement, produces plans, specifications , or other documents, and/or performs field work, and such plans, specifications, other documents, and/or field work are required by one or more governmental agency and one or more such governmental agency changes its ordinances, policies , procedures, or requirements after the date of this Agreement, any additional office or field work thereby required shall be paid for by City as extra work. 26 . City agrees that if City requests services not specified pursuant to the scope of services described in Exhibit -7- • • "A" to this Agreement, City agrees to pay for all such additional services as extra work. 27 . In the event all or any portion of the work prepared or partially prepared by Consultant be suspended, abandoned, or terminated due to circumstances not contemplated in this Agreement and beyond Consultant' s control, City shall pay Consultant for all fees, charges, and services provided for the project, not to exceed any contract limit specified herein. City acknowledges that if the project work is suspended and restarts due to circumstances not contemplated in this Agreement and beyond Consultant' s control, there will be additional charges due to suspension of the work which shall be paid for by City as extra work. 28 . Consultant is not responsible for delay caused by activities or factors beyond Consultant' s reasonable control, including but not limited to, delays by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of City to furnish timely information or approve or disapprove Consultant' s work promptly, faulty performance by City or other contractors or governmental agencies. When such delays beyond Consultant' s reasonable control occur, City agrees Consultant is not responsible in damages nor shall Consultant be deemed to be in default of this Agreement. 29 . Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports , dedications , general plans and amendments thereto, -8- • • zoning matters , annexations or consolidations, use or conditional use permits, project or plan approvals , and building permits . 30 . If any action at law or equity, including an action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys ' fees, which fees may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which he may be entitled. 31 . 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 Consultant shall not be responsible for fluctuations in cost factors. 32 . City acknowledges that Consultant is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors. 33 . Consultant makes no warranty either expressed or implied as to his findings, recommendations, plans, specifi- cations, or professional advice except that the work was performed in conformance with this Agreement pursuant to generally accepted standards of practice in effect at the time of performance. 34 . Estimates of areas provided under this Agreement are not to be considered precise unless Consultant specifically agrees to provide the precise determination of such areas. 35 . In the event City agrees, permits, or authorizes -9- • • changes in the plans, specifications, reports, and documents prepared by Consultant pursuant to this Agreement which changes are not consented to in writing by Consultant, City acknowledges that the changes and their effects are not the responsibility of Consultant and City agrees to release Consultant from all liability arising from the use of such changes, and further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, principals, agents , and employees from and against all claims , demands , damages , or costs arising from the changes and their effects. 36 . City acknowledges that the design work performed pursuant to this Agreement is based upon field and other conditions existing at the time of preparation of Consultant' s work. City further acknowledges that field and other conditions may change by the time project construction occurs and clarifi- cation, adjustments, modifications , discrepancies or other changes may be necessary to reflect changed field or other conditions. If the scope of services pursuant to this Agreement does not include on-site construction review, construction management, supervision of construction of engineering structures, or other construction supervision for this project, or if subsequent to this Agreement City retains other persons or entities to provide such services , City acknowledges that such services will be performed by others and City will defend, indemnify, and hold Consultant harmless form any and all claims arising from or resulting from the performance of such services by other persons or entities except claims caused by the negli- gence or misconduct of Consultant. -10- • 411 37 . City agrees that in accordance with generally accepted construction practices , 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 requirement shall be made to apply continuously and not be limited to normal working hours. 38 . City agrees to purchase and maintain during the course of construction builder' s risk "all risk" insurance which will name Consultant as an additional insured as their interest may appear. 39 . City acknowledges that Consultant' s scope of services for this project do not include any work related in any way to asbestos and/or hazardous waste. Should Consultant or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant' s work, Consultant may, at its option, terminate work on the project until such time as City retains a specialist contractor to abate and/or remove the asbestos and/or hazardous waste materials and warrant that the job site is free from any hazard which may result from the existence of such materials. 40 . It has been determined that this matter is not subject to the provisions of CEQA. 41 . This Agreement, including its attachments and schedules, constitutes the entire agreement, supersedes all prior -11- i • written or oral understandings , and may only be changed by a written amendment executed by both parties . The following attachments and schedules are hereby made a part of this Agreement: Exhibit "A" - Scope of Services Exhibit "B" - Schedule of Rates IN WITNESS WHEREOF, the parties hereto have executed this Agreement upon the terms and conditions stated herein on the day and year stated above. CITY OF REDDING By: K. MAURICE JOHANNESSEN, Mayor SHARRAH DUNLAP & ASSOCIATES, INC. By: By: ATTEST: ETHEL A. NICHOLS , City Clerk FORM APPROVED: RANDALL A. HAYS , City Attorney -12- • • EXHIBIT "A" SCOPE OF WORK - PHASES I AND II Phase I - Assessment District Formation A. Review and analyze existing data, evaluate existing design and feasible alternative designs, with focus on the follow- ing criteria: 1 . Relative advantages or disadvantages of existing design versus alternative design; 2 . Assessment district boundaries; 3 . Allocation of household equivalents; 4 . Assessment spread; 5 . Construction cost estimates. B. Report to and assist City in selection of design and approach to formation district. C. Prepare informational packages for land owners: 1 . District boundaries; 2 . Graphic and textual data. D. Contact land owners . E. Educate land owners: 1 . Informational meetings; 2 . Meeting with key individual property owners . F. Formation of District: 1 . Send letter of intent and petition to all property owners; 2 . Conduct public information meetings; 3 . Meet with key individual property owners; 4 . Be available to discuss data with groups or individual property owners; 5 . Obtain and check validity of signatures; • • 6 . Prepare map showing the proposed boundaries of the assessment district, in accordance with the require- ments of Division 4 . 5 of the Streets and Highways Code; 7 . Compile a list of the names and addresses of all owners of land within the assessment district in accordance with records of the County Assessor or in accordance with title reports provided by the City. 8 . Telephone consultation with staff members and property owners to answer engineering questions about the assessment proceedings. G. In performing the above-described services Consultant shall act as a consulting engineer to the Director of Public Works of City. The Director of Public Works shall be the Official Engineer of Work for the assessment district pursuant to the Streets and Highways Code. Phase II - Further Engineering Services A. Coordinate with City on final alignment and elevations for trunk lines. B. Complete survey work on final trunk line alignment based on preliminary survey by City. Tie property corners as required to establish easement descriptions. An allowance of $10 ,000 .00 is allocated for this work. Any survey work beyond the allowance which is authorized by the Public Works Director shall be paid on a time-and-material basis as extra work. C. Prepare easement and consent documents ready for recording for all trunk line easements. D. Obtain necessary signatures for easement and consent documents and present to City Attorney for verification and recording. E. Coordinate with City on extent of construction drawings for the project. Prepare inked mylar aerial plan/profile construction drawings for all trunk lines to be constructed by the assessment district. The drawings shall accurately show property lines, easements, and pipeline construction along with such detail drawings as required to clarify construction details or conflict areas. Check prints will be submitted to City for review at the 50% and 90% completion stages. Consultant will furnish at least 75 sets of blueline prints of the drawings for bidding purposes. F. Prepare at least 75 sets of contract specifications to be included in the bidding package by City. City will be -2- . • • responsible for administering the contract to include: advertising, tabulating bids, awarding of contract, contract documents , progress payments, and change orders . Consultant will provide consultation during bidding as required to answer questions concerning details of the construction. G. Prepare report required by Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913) , and modify the report if directed by the legislative body of City. The report shall include the following: (a) Plans and specifications for the proposed improvement. (b) A general description of the improvements to be acquired, if any, and the legal description of lands, rights-of-way, easements , or other interests in real property to be acquired. (c) An estimate of the cost of the improvement, including the cost of acquisitions and all incidental expenses . (d) An assessment diagram showing the parcels of land to be assessed. (e) A proposed assessment of the total cost of the improve- ment on benefited parcels of land within the assessment district. H. Attend all other public meetings of City at which matters relating to the assessment district are considered, except routine matters. I , Attend staff meetings or meetings of property owners upon the request of the City, after reasonable notice . J. Perform construction staking for the trunk lines as required by contractor. The staking work shall involve the setting of offset grade stakes, the flagging of easement areas for tree removal, the verifying of easement areas when required, and the spot-checking of pipeline elevations. K. Consultant will provide consultation during construction to answer technical questions related to details shown on the construction drawings or shown in the contract specifica- tions. City shall be responsible for providing construction inspection of the project. L. The City will make available to Consultant all survey and design data used in the preliminary design of the trunk lines. The City shall provide aerial photos that are available for the trunk line alignment and Consultant shall be responsible for the cost of making aerial plan/profile sheets from the photos . The City shall be responsible for the following items: -3- 411 • 1 . Appraisals for trunk line easements; 2 . Purchasing of rights of way; 3 . Rights-of-way condemnation if required for easements; 4 . Soils tests and reports; 5 . Title work for easement acquisition (title reports) . -4- . • • Exhibit .B SHARRAH DUNLAP AND ASSOCIATES, INC. 3161 Bechelli Lane, Suite 103 Redding, California 96002 (916) 221-1792 SCHEDULE OF RATES Personnel Charges • Charges for personnel are made for the actual hours directly chargeable to the project at the following hourly rates. Office Services Technical Aide/Clerical 22 . 00 Administrative Technician 28 . 00 Drafter 30. 00 Senior Drafter 36. 00 Computer/Design Drafter I 33 . 00 Computer/Design Drafter II 40. 00 Engineering Technician/Junior Planner 33 . 00 Asst. Engineer/Asst. Planner 40. 00 Assoc. Engineer/Assoc. Planner 50. 00 Senior Engineer/Senior Planner 55. 00 Engineering Manager/Principal Planner 65. 00 Principal Engineer 70. 00 Court appearance is charged at a minimum of eight (8) hours. Field Services Three-person Field Crew 100. 00 • Two-person Field Crew 85. 00 Surveyor 50. 00 Materials and Outside Services Materials and outside services will be billed at actual cost. Late Payment A late payment FINANCE CHARGE will be computed at the periodic rate of 1% per 30 day period which is an ANNUAL PERCENTAGE RATE of 12% and will be applied to any unpaid balance commencing 30 days after the date of the original invoice. These rates are subject to revision semi-annually. Effective June 1, 1987