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HomeMy WebLinkAboutReso. 1990-426 - Agreement for the Preporation of the Plans and Specifications for the Redding Sports Complex r ( I) o RESOLUTION NO. 97)- 5/016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE "OWNER AND CONSULTANT AGREEMENT .FOR . THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE REDDING SPORTS COMPLEX" BETWEEN THE . CITY OF REDDING AND JC DRAGGOO & ASSOCIATES. 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 "Owner and Consultant Agreement for the Preparation of Plans and Specifications for the. Redding Sports Complex" between the City of Redding and JC Draggoo & Associates, 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 21st day of August . 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton & Buffum NOES: COUNCIL MEMBERS: None ' ABSENT: COUNCIL MEMBERS: Moss ABSTAIN: COUNCIL MEMBERS: None larf C_ NANCUFFUM,1 ayor Cit of Redding ATTEST:- 1 - FORM PPROVED: xacto tate, ETHEL A. NICHOLS, City Clerk DALL A. HAYS, City Attorney 0 • U • OWNER AND CONSULTANT AGREEMENT FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE REDDING SPORTS COMPLEX THIS AGREEMENT made this day of in the year Nineteen Hundred and Ninety consisting of eight (8),pages,Appendix D consisting of two (2)pages and insurance requirements consisting of one (1) page. BY AND BETWEEN The City of Redding 760 Parkview Avenue Redding, California 96001 hereinafter called the Owner, and JC Draggoo & Associates 1730 SW Skyline Boulevard Portland, Oregon 97221 hereinafter called The Consultant WITNESSETH that whereas the Owner intends to prepare plans and specifications for the Redding Sports Complex located west of Riverland Drive and south of Clover Road hereinafter called the Project. NOW, THEREFORE, The Owner and The Consultant for the considerations hereinafter set forth, agrees as the follows: ARTICLE 1. THE CONSULTANT AGREES TO PROVIDE PROFESSIONAL, SERVICES_FOR THE PROJECT HEREINAFTER SET FORTH. ARTICLE 2. THE OWNER AGREES TO PAY THE CONSULTANT AS COMPENSATION FOR THEIR SERVICE$,, 2.1 For the basic services defined in Article 13, Design Services, a fee of two hundred and five thousand nine hundred and ninety two dollars ($205,922) based on a lump sum. Page 1 . 2.2 For additional services which may be agreed in writing by the Owner and The Consultant, a fee computed at the following hourly rates. • o Project Manager (Jerry Draggoo) $65 Per Hour o Architect $65 Per Hour o Draftsman $37 Per Hour o Principal Engineer $72 Per Hour o Associate Engineer $48 Per Hour o Electrical Engineer $72 Per Hour o Landscape Architect $55 Per Hour o Land Surveyor $52 Per Hour o 2-Man Survey Crew $86 Per Hour o Secretarial $30 Per Hour 23 Services of professional consultants (other than those listed above) at a multiple of one and one tenth (1.1) times the amount billed to the Consultant for such services. 2.4 For extra service expense as defined in Article 6 "Extra Services. 2.5 The rates set forth in this Article will be subject to renegotiation if the services covered by this agreement have not been completed within twelve (12) months of the date hereof. • - - ARTICLE 3. DIRECT PERSONNEL EXPENSE — __ .. _ Direct Personnel Expense is defined as the direct salaries of The Consultant's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,vacations,pensions and similar contributions and benefits. ARTICLE 4. PAYMENT TO THE CONSULTANT 4.1 Payments for basic services shall be made monthly upon submittal by The Consultant of a detailed progress payment estimate for services performed. Payment is due within 30 days of the invoice date. Invoice not paid within 30 daysof issuance shall bear interest at the rate of one and one-half(1 1 %) percent per month, compounded monthly. 43 Payments for Extra Services as defined in Article 6, shall be made upon presentation of a detailed invoice. Pag€2 • . . 43 If the project is suspended or abandoned during any phase of service in whole or in part,The Consultant is to be paid for the service performed prior to receipt of written notice from the Owner of such abandonment or suspension, together with reimbursements then due. If the project is resumed after being suspended for more than three months, e Consultant's compensation shall be subject to renegotiation. ARTICLE 5. THE OWNER'S RESPONSIBILITIES 5.1 The Owner agrees to provide all available information, data, reports, • records and maps to which the Owner has access and which are needed by The Consultant for the performance of the Scope of Services. 5.2 The Owner's representative shall be authorized to act in the Owner's behalf. The Owner's representative shall examine documents submitted by The Consultant and render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of The Consultant's work. 53 The Owner shall coordinate with The Consultant to make available all existing data and materials necessary for the Project. 5.5 If required for the Project, the Owner shall arrange and pay for such legal, auditing, and insurance counseling services as may be required for the Project. 5.6 If the Owner observes or otherwise becomes aware of any defect in the Project, it shall give prompt written notice thereof to The Consultant. ARTICLE 6. EXTRA SERVICES 6.1 Extra services include actual expenditures made by The Consultant in the interest of the Project above and over the scope of work outlined in Article 13 "Design Services". Work is to occur only if authorized in advance by the Owner and may include: 6.1.1 More than one set of reproducible drawings and specifications. 6.1.2 Expense from overtime work requiring higher than regular rates. 6.1.3 Expense of transportation and travel, long distance telephone, and printing in connection with the project above and over the scope of work outlined in Article 13 "Design Services". 6.1.4 Analyses of owner's needs. PagS3 • V . . 6.13 Providing design services relative to future facilities, systems and equipment which are not part of the existing master plan or providing services to investigate existing conditions or facilities or to make measured drawings • thereof, or to verify the accuracy of drawings or other information furnished by the owner. 6.1.6 Preparing documents for alternate bids or out-of-sequence services requested by the owner. 6.1.7 Preparing and submitting funding applications to obtain funds from the state or federal government. • 6.1.8 Making revisions in drawings, specifications or other documents when such revisions are inconsistent with approvals or instructions previouslygiven and are due to causes beyond the control of the Cnsultant. 6.1.9 Providing detailed quantity surveys or inventories of material, equipment or labor. " 6.1.10Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal. proceeding. 6.1.11Providing services of professional consultants for other than the normal civil, electrical, architectural or landscape architectural services for the project. 6.1.12Providing floppy disk(s) of any CAD drawings. A cost of$50.00 per sheet drawing will be charged to the owner. 6.1.13Providing any other services not otherwise included in this agreement or not customarily furnished in accordance with generally accepted design practices. ARTICLE 7. THE CONSULTANTS ACCOUNTING RECORDS Records of The Consultant's direct personnel, consultant, and reimbursable expense pertaining to this Project shall be kept on a generally recognized accounting basis and shall be available to the Owner or its authorized representatives at mutually convenient times. ARTICLE 8. TERMINATION OF AGREEMENT This agreement may be terminated by either party upon three (3) days written notice should the other party fail to substantially perform in accordance with its terms, through no fault of the other. In the event of termination, due to the fault of others than The Consultant,The Consultant shall be paid for services performed to termination date, including reimbursements then due. Paget4 • • CI) • U ARTICLE 9. OWNERSHIP OF DOC MENTS All Drawings, Specifications, Reports and other work products of The Consultant for this Project are instruments of service for the Project only, and will become the property of the Owner,whether the Project is completed or not. The design concepts,systems and details are the property of The Consultant and shall be copyrighted. Reuse of any of the instruments of service of The Consultant by the Owner on extension of the Project or on any other project without the written permission of The Consultant shall be at the Owner's risk. ARTICLE 10. SUCCESSORS AND ASSIGNS The Owner and The Consultant each binds themselves, their partners, successors, assigns, and legal representatives to the other party to this agreement and to the partners,successors,assigns, and legal representatives of such other party with respect to all covenants of this agreement. Neither the Owner nor The Consultant shall assign, sublet, or transfer their interest in this agreement without written consent of the other. ARTICLE 11. EXTENT OF AGREEMENT This agreement represents the entire and integrated agreement between the Owner and The Consultant and supersedes all prior negotiations, representations, or agreements,whether written or oral. "" This agreement may be amended only by written instruction signed by both Owner and The Consultant. ARTICLE 12 ARBITRATION 12.1 All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association unless the parties mutually agree otherwise. No arbitration, arising out of, or relating to this agreement, shall include by consolidation,joinder or in any other manner, any additional party not a party to this agreement except by written consent containing a specific reference to this agreement and signed by all the parties hereto. Any consent to arbitration involving an additional party or parties shall not constitute consent to arbitration of any dispute not described therein or with any parry not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional party or parties duly consented to by the parties hereto shall be specifically enforceable under the prevailing arbitration law. Pag65 • •12.2 Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the American Arbitration Association. The demand shall be.made within a reasonable time after the claim, dispute or other matter in question has arisen. In no • event shall the demand for arbitration be made after the date when institution or legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 123 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. ARTICLE 13. DESIGN SERVICES 13.1 BASIC SERVICES The Consultant is to provide one set of drawings on mylar and one reproducible set of specifications for the construction of the Redding Sports Complex as described on the master plan, the conditions of development and the responsibilities of the design contractor; all included in the Mitigation Monitoring Program. Also see the Design • Responsibilities Matrix labeled "Exhibit A". Note that the consultant will not hire the archaeologist for the tasks identified in conditions 24- 26 since that work occurs after the design contract is completed. - Additional work to be completed by the consultant includes: o If computer aided design is used on the project, the consultant shall furnish these drawings in"DXF" file format. o Boundary Survey and topographic mapping of the site o Preparation of plans and specifications for modifications to the southbound off-ramp at Knighton Road and the extension of a bicycle path from Knighton Roadto the Sports Complex. o Evaluation of two alternatives to provide irrigation water to the site.The two alternatives are to dig a well or obtain water directly from the river. 13.2 DESIGN SERVICES Design Services consists of five phases described below and includes normal civil and electrical engineering, architectural and landscape architectural services. - 13.2.1 Schematic Design Phase The Consultant shall review the adopted master plan and make minor adjustments required by the EIR or other factors. The Consultant shall then ascertain the requirements of the Project and confirm such requirements with the owner. Pag66 • The Consultant shall submit to the Owner a statement of probable construction cost based on current areas,volume or other unit costs. • 13.2.2 Design Development Phase The Consultant shall prepare from the Schematic Design Phase, the design development documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to site layout, civil engineering requirements, electrical systems, landscape needs, architectural structures and other essentials as may be appropriate. The Consultant shall submit to the Owner a further statement of probable construction cost. 13.2.3 Construction Document Phase The Consultant shall prepare from the approved design development documents for approval by the Owner, drawings and specifications setting forth in detail the requirements for the construction of the entire Project including the necessary bidding information, and shall provide to the owner the necessary information so that it can prepare the bidding forms, the Conditions of the Contract and the form of agreement between the Owner and the Contractor. The Consultant shall advise the Owner of any adjustments to previous statements of probable construction cost indicated by changes in requirements or general market conditions. The Consultant shall assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the project. 13.2.4 Bidding Phase The Consultant including individual members of the design team shall attend a pre-bid conference to assist in answering questions about the project. 132.5 Construction Phase and Administration of the Construction Contract No services are to be provided by the Consultant in this phase unless specifically requested by the owner. Services and payment will be governed by the provisions stated in Article 6 "Extra Services" Pag®7 • V U ARTICLE 14 EXTENT OF AGREEMENT This document represents the entire and integrated agreement between the Owner and The Consultant and supercedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instruments signed by both the Owner and The Consultant. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year written on page 1 of this agreement. Owner's Representative erry I • . l o-411a it City of Redding JC Dra.,:•o & • .state (The Consultant) • Page28 U • V • EXHIBIT D DESIGN RESPONSIBILITIES MATRIX REDDING SOFTBALL COMPLEX ROLLS, CONDITIONS OF DEVELOPMENT WELD ANDERSON, (TASKS) CITY ORB BROWER ROLLS 1. Requirement of soils report X(1) X 2. Septic-disposal system X 3. Dust control S 4. Construction during rainy periods S,X 5. Storage of topsoil S 6. Revegetation S S S 7. Sediment control S S S 8. Requirements of aov't.control X X X 9. Preservation of Valley Oaks S 10. Site modifications in 100 yr. flood zone X 11. Path along Riverland Drive X (2) X(2) 12. Curb/gutter/sidewalk X(2) (3) X(2) 13. Street widening X 14. Cross walk signs X 15. Right turn lane to off-ramp X 16. Benefit district X - - 17. Off-street parking X 18. Loudspeakers/scoreboards X (4) 19. Baffled lighting X 20. Baffled lighting X 21. Balllield lighting X X 22. Screening lighting X 23. Fencing X 24. ! Use of archaeologist X S 25. ' Use of archaeologist X S S = No design required;requirement shown in specifications only (1) No buildings anticipated on fill (2) Responsibility of path will depend upon its location. If located adjacent to curb of Riveriand Drive, it will be responsibility of Weld/Brower. If located inland, it will be responsibility of ORB. (3) ORB is to design street lights (4) Provide conduit for public address system only Page 1 of 2 EXHIBIT D (continued) DESIGN RESPONSIBILITIES MATRIX • REDDING SOFTBALL COMPLEX ROLLS, CONDITIONS OF DEVELOPMENT WELD ANDERSON, TASKS CITY ORB BROWER ROLLS 26. Use of archaeologist X S 27. Use of non combustible materials X 28. Fire hydrant system X 29. Fabric canopies X 30. Emergency access X 31. Security X 32. Underground utilities X X 33. Restrictions on alcoholic beverages X X 34. Signs X 35. Fill In 100 yr. flood plain • X 36. Final landscape plan X 37. Restrictions on night lighting X 38. Traffic control X 39. Field setback X 40. Turn lanes on Riverland Dr. X 41. Widening of Riverland Dr. X - 42. Limiting driveways X X 43. Construction of trail X X(5) 44. Trash enclosures X 45. Caretakers residence X(8) 46. Motor vehicle barriers X 47. Explore use of ACID water X 48. Restrictions on herbacides X X 49. Mass grading re trees X 50. Use of native plants X 51. Monitoring program X 52. Trail to Riverland Market X (7) 53. Police X 54. Annual evaluation X 55. Mitigation monitoring program X (5) ORB to design trail (6) Design pad only and run utilities to the site (7) Note: Due to physical constraints, it is anticipated that the path will be located on the east side of Riverland Drive Page 2 of 2 • MINIMUM INSURANCE REQUIREMENTS The consultant, at all times that this agreement is in effect, shall cause to be maintained in force and effect an insurance policy or policies that will insure and indemnify both the City of Redding and the consultant against liability or financial loss resulting from injuries occurring to persons or property as follows: A. Commercial general liability, including products and completed operations, blanket contractural, broad form property damage, contractor's contingent liability, personal injury liability, at $500,00 each occurrence, $1 million aggregate, for premises, products and completed operations. B. Workers' compensation, at statutory limits (if applicable) C. Employers' liability, at $1 million (if applicable) The City of Redding also requires a CERTIFICATE OF INSURANCE and these special requirements are needed on that certificate: 1. Additional insured endorsement must read exactly as follows: "The City of Redding, its officers, agents, and employees are included as additional insureds." • 2. Cancellation clause: On the "acord form" the cancellation clause must be modified as follows: "Should any of the above described policies be cancelled before the expiration date thereof; the issuing company will endeavor to mail 10 days written notice to he certificate holder named to the left, but failure to mail sueh notice shall impose ne obligation er liability of any kind upon the eompany; its agents er representatives:a The consultants shall defend, indemnify, save and hold harmless, the City of Redding, its officers, agents and employees, from any loss demands, claims, suits, damages or actions that may be brought by third persons on account of bodily injury or death; personal injury; damage to property or personal interest; or violation of any law, regulation or ordinance; where the third person' s loss, demand, claim, suit, damage or action arises in whole or part out of any negligent or other act or omission of the contracting agency or its officers, agents, and employees, while performing the services agreed to, save and except those actions arising out of the sole negligence of the City.