HomeMy WebLinkAbout _ 4.2(d)--Award RFP Schedule 5501 for Architectural and Engineering Services � � �' � � �
� � � ' � �' � � ' � ` CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: October l,2024 FROM: Steve Bade, Assistant City
ITElVI NO. 4.2(d) Manager
***APPROVED BY***
sbade@cityofredding.org
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btippin@cityofredding.org
SUBJECT: 4.2(d)--Award RFP Schedule 5501 for Architectural and Engineering Services
Recommendation
Authorize the following actions relative to Request for Proposals, Schedule No. 5501,
Architectural and Engineering Services for the Development of a Mixed-use Multifamily
residential and commercial building, for City of Redding-owned properties located at 815 and
825 Parkview Avenue, and 2955 Leland Avenue:
(1) Award to Nichols, Melburg & Rossetto Architects;
(2) Authorize the Mayor to execute the Consulting and Professional Services Contract in the
amount of$371,000 with Nichols, Melburg & Rosetto AIA and Associates, Inc.;
(3) Authorize the City Manager to approve contract amendment increases up to $25,000; and
(4) Authorize staff to continue negotiation of a Disposition and Financing Agreement with
Faithworks Community Coalition, Inc. to complete the project.
Fiscal Impact
Whole Person Care (WPC) funds of$800,000, committed to the project by Shasta County Health
and Human Services Agency, will pay for the Consulting and Professional Services contract with
Nichols, Melburg and Rossetto Architect (NMR).
Alternative Action
City Council (Council) could choose not to award the can�ract to NMR and provide staff with an
alternate direction.
Report to Redding City Council September 25, 2024
Re: 4.2(d)--Award RFP Schedule 5501 forArchitectural and Engineering Services Page 2
Background/Analysis
In order to facilitate the development of 815 Parkview Avenue (Assessor Parcel No. 104-350-
019), 825 Parkview Avenue (Assessor Parcel N�o. 104-350-018), and 2955 Leland Avenue
(Assessor Parcel No. 108-010-043) (Properties), staff published an RFP for design and
engineering services. The design RFP was well received by the community and five firm's
responded with Nichols, Melberg and Rosetto being the successful proposer. The resulting
Professional and Consulting Services contract will be paid by WPC funding. The WPC funds
were approved for the Project at the June 20, 2023, Council meeting, subject to appropriation by
the City Manager.
City staff contacted Faithworks Community Coalition, Inc. (Faithworks) directly to determine
their interest in pursuing the development of the Project. Faithworks has agreed to develop the
vacant land and has diligently been searching for grant funds to support the Project budget. The
Properties are zoned Neighborhood Commercial - Mixed-Use - Design Review (NC-MU-DR).
Faithworks' supportive services and administration would be located at the Project site once
completed. The Project will be subject to a Site Development Permit through the Planning
Department.
Staff wi11 return to Council shortly with a Disposition and Financing Agreement that includes the
negotiated terms with a Purchase and Sale Agreement for Fair Market Value, a seller carryback
loan for purchase of the Properties and a loan of Housing and Homelessness Incentive Program
Funds in an ainount not-to-exceed $1,200,000 for the development of the Project by Faithworks.
Environmental Review
This aetion is not a project as defined under the California Environmental Quality Act (CEQA),
and no further action is required.
Council Prior�ity/City ManageN Goals
• Government of the 21st Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
• Public Safety — "Work to improve all aspects of public safety to help people feel secure
and safe where they 1ive, work, and play in the City of Redding."
Attachments
Consulting-and-Professional-Services-Agreement
CITY OF REDDING
CONSULTING AND PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is made at Redding,California,by and between the City of Redding("City"),
a municipal corporation, and Nichols-Melburg &Rossetto AIA &Associates, Inc. ("Consultant")
for the purpose of Architectural and Engineering Services for the Development of a Mixed-Use
Multifamily Residential and Commercial Building Located at 815 And 825 Parkview Avenue And
2520 Leland Avenue.
WHEREAS, City does not have suf�cient personnel to perform the services required herein
thereby necessitating this Contract for personal services.
NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby
acknowledged, as follows:
SECTION l. CONSULTANT SERVICES
Subject to the terms and conditions set forth in this Contract, Consultant shall provide to
City the services described in Exhibit A,attached and incorporated herein. Consultant shall
provide the services at the time,place and in the manner specified in Exhibit A.
SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. City shall pay Consultant for services rendered pursuant to this Contract, at the times
and in the manner set forth in Exhibit B, attached and incorporated herein, in a total
amount not to exceed Three Hundred Seventy-One Thousand Dollars ($371,000).
This sum includes all out-of-pocket travel, lodging and incidental expenses incurred
by Consultant that are reasonably associated with the provision of services under this
Contract. The payments specified herein shall be the only payments to be made to
Consultant for services rendered pursuant to this Contract.
B. Consultant shall submit monthly invoices to City for work completed to the date of
the invoice. All invoices shall be itemized to reflect the employees performing the
requested tasks,the billing rate for each employee and the hours worked.
C. All correct,complete and undisputed invoices sent by Consultant to City shall be paid
within thirty(30) calendar days of receipt.
D. Pursuant to Section 1781 of the Labor Code, Consultant is advised that some of the
work contemplated in Task 2, of Exhibit A in this contract is subject to the payment
of prevailing wages and all other requirements of the Prevailing Wage Law. The
prevailing wage of each job classification may be found by inquiry with the
California Department of Industrial Relations. Consultant shall comply with all laws
Consulting and Professional Services Agreement Page 1
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related to the performance of public work including, but not limited to, the
employment of apprentices pursuant to Section 1777.5 of the Labor Code, work
day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor
Code and the obligation set forth in Section 1774- 1776 of the Labor Code in regards
to payment of prevailing wages and to provide the City of Redding and Department
of Industrial Relations certified payrolls when required.A certified copy ofall payroll
records relative to this project shall be submitted to the City of Redding along with
the related invoice. Receipt of certified payroll records is a prerequisite to receiving
payment.
E. No Consultant or subconsultant may be listed on a bid proposal for a public works
project unless registered with the Department of Industrial Relations pursuant to
Labor Code Section 1725.5. N�o Consultant or subconsultant may be awarded a
contract for public work on a public works project unless registered with the
Department of Industrial Relations pursuant to Labor Code Section 1725.5. All
Consultants and subconsultants must furnish electronic certified payroll records to
the Labor Commissioner. This requirement applies to all public works projects,
whether new or ongoing. Consultant is further advised that the work contemplated
herein is subject to compliance monitaring and enforcement by the Department of
Industrial Relations.
SECTION 3. TERM AND TERMINATION
A. Consultant shall commence work on or about September 6, 2024 and complete said
work no later than June 30, 2026. Time is of the essence.
B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant
fails to fulfill in a timely and professional manner its obligations under this Contract,
then City shall have the right to terminate this Contract effective immediately upon
City giving written notice thereof to Consultant.
C. Either Party may terminate this Contract without cause on thirty(30) calendar days'
written notice. Notwithstanding the preceding, if the term set forth in Section 3.A.
of this Contract exceeds ninety(90)calendar days in duration,Consultant's sole right
to terminate shall be limited to termination for cause.
D. Consultant hereby acknowledges and agrees that the obligation of City to pay under
this Contract is contingent upon the availability of City's funds which are
appropriated or allocated by the City Council. Should the funding for the project
and/or work set forth herein not be appropriated or allocated by the City Council,
City may terminate this Agreement by furnishing at least thirty (30) calendar days'
written notice of its intention to terminate. In the event of a termination pursuant to
this subdivision, Consultant shall not be entitled to a remedy of acceleration of
payments due over the term of this Agreement. The Parties acknowledge and agree
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that the power to terminate described herein is required by Article 16, Section 18, of
the California Constitution, and that constitutional provision supersedes any law,
rule, regulation ar statute which conflicts with the provisions of this Section.
E. In the event that City gives notice of termination, Consultant shall promptly provide
to City any and all finished and unfinished reports, data, studies,photographs, charts
or other work product prepared by Consultant pursuant to this Contract. City shall
have full ownership, including, but not limited to, intellect�ual property rights, and
control of all such finished and unfinished reports, data, studies, photographs, charts
or other work product.
F. In the event that City terminates the Contract, City shall pay Consultant the
reasonable value of services rendered by Consultant pursuant to this Contract;
provided, however, that City shall not in any manner be liable for lost profits which
might have been made by Consultant had Consultant completed the services required
by this Contract. Consultant shall, not later than ten (10) calendar days after
termination of this Contract by City, furnish to City such financial information as in
the judgment of the City's representative is necessary to determine the reasonable
value of the services rendered by Consultant.
G. In no event shall the termination or expiration of this Contract be construed as a
waiver of any right to seek remedies in law, equity or otherwise for a Party's fail�ure
to perform each obligation required by this Contract.
SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT
A. City shall make its facilities accessible to Consultant as required for Consultant's
performance of its services under this Contract, and, upon request of Consultant,
provide labor and safety equipment as required by Consultant for such access.
B. Pursuant to the City's business license ordinance, Consultant shall obtain a City
business license prior to commencing work.
C. Consultant represents and warrants to City that it has a11 licenses, permits,
qualifications and approvals of any nat�ure whatsoever that are legally required for
Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times
during the term of this Contract any licenses, permits and approvals that are legally
required for Consultant to practice its profession.
D. Consultant shall, during the entire term of this Contract, be construed to be an
independent contractor and nothing in this Contract is intended, nor shall it be
construed, to create an employer/employee relationship, association, joint venture
relationship,trust or partnership or to allow City to exercise discretion or control over
the professional manner in which Consultant performs under this Contract. Any and
all taxes imposed on Consultant's income, imposed or assessed by reason of this
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Contract or its performance, including but not limited to sales or use taxes, shall be
paid by Consultant. Consultant shall be responsible for any taxes or penalties
assessed by reason of any claims that Consultant is an employee of City. Consultant
shall not be eligible for coverage under City's workers' compensation insurance plan,
benefits under the Public Employee Retirement System or be eligible for any other
City benefit.
E. No provision of this Contract is intended to,or shall be for the benefit of,or construed
to create rights in, or grant remedies to, any person or entity not a party hereto.
F. No portion of the work or services to be performed under this Contract shall be
assigned, transferred, conveyed or subcontracted without the prior written approval
of City. Consultant may use the services of independent contractors and
subcontractors to perform a portion of its obligations under this Contract with the
prior written approval of City. Independent contractors and subcontractors shall be
provided with a copy of this Contract and Consultant shall have an affirmative duty
to assure that said independent contractors and subcontractors comply with the same
and agree to be bound by its terms. Consultant shall be the responsible party with
respect to all actions of its independent contractors and subcontractors, and shall
obtain such insurance and indemnity provisions from its contractors and
subcontractors as City's Risk Manager shall determine to be necessary.
G. Consultant, at such times and in such form as City may require, shall furnish City
with such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Contract, the costs or obligations incurred or to be
incurred in connection therewith, and any other matters covered by this Contract.
H. Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this
Contract and such other records as may be deemed necessary by City to assure proper
accounting for all project funds. These records shall be made available far audit
purposes to state and federal authorities, or any authorized representative of City.
Consultant shall retain such records for three (3) years after the expiration of this
Contract, unless prior permission to destroy them is granted by City.
I. Consultant shall perform all services required pursuant to this Contract in the manner
and according to the standards observed by a competent practitioner of Consultant's
profession. All prod�ucts of whatsoever nature which Consultant delivers to City
pursuant to this Contract shall be prepared in a professional manner and conform to
the standards of quality normally observed by a person practicing the profession of
Consultant and its agents, employees and subcontractors assigned to perform the
services contemplated by this Contract.
J. All completed reports and other data or documents, or computer media including
diskettes, and other materials provided or prepared by Consultant in accordance with
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this Contract are the property of City, and may be used by City. City shall have all
intellectual property rights including, but not limited to, copyright and patent rights,
in said documents,computer media,and other materials provided by Consultant. City
shall release, defend, indemnify and hold harmless Consultant from all claims, costs,
expenses, damage or liability arising out of or resulting from City's use or
modification of any reports, data, documents, drawings, specifications or other work
product prepared by Consultant, except for use by City on those portions of the City's
project for which such items were prepared.
K. Consultant, including its employees, agents, and subconsultants, shall not maintain
or acquire any direct or indirect interest that conflicts with the performance of this
Contract. Consultant shall comply with all requirements of the Political Reform Act
(Government Code § 8100 et seq.) and other laws relating to conflicts of interest,
including the following: 1) Consultant shall not make or participate in a decision
made by City if it is reasonably foreseeable that the decision may have a material
effect on Consultant's economic interest, and 2) if required by the City Attorney,
Consultant shall file financial disclosure forms with the City Clerk.
SECTION 5. INSURANCE
A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the
following noted insurance during the duration of the Contract:
Coverage Required Not Required
Coinmercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability(Errors and Omissions) X
(Place an"x"in the appropriate box)
B. Coverage shall be at least as broad as:
l. Insurance Services Office form number CG-0001, Commercial General
Liability Insurance,in an amount not less than$1,000,000 per occurrence and
�2,000,000 general aggregate for bodily injury, personal injury and property
damage;
2. Insurance Services Office form number CA-0001 (Ed. 1/8'7), Comprehensive
Automobile Liability Insurance, which provides for total lin�its of not less
than $1,000,000 combined single limits per accident applicable to all owned,
non-owned and hired vehicles;
Consulting and Professional Services Agreement Page 5
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3. Statutory Workers' Compensation required by the Labor Code of the State of
California and Employers' Liability Insurance in an amount not less than
$1,000,000 per occurrence. Both the Workers' Compensation and
Employers'Liability policies shall contain the insurer's waiver of subrogation
in favor of City, its elected officials, officers, employees, agents and
volunteers;
4. Professional Liability (Errors and Omissions) Insurance, appropriate to
Consultant's profession, against loss due to error or omission or malpractice
in an amount not less than $1,000,000.
5. The City does not accept insurance certificates or endorsements with the
wording "but only in the event of a named insured's sole negligence" or any
other verbiage limiting the insured's insurance responsibility.
C. Any deductibles or self=insured retentions must be declared to and approved by City.
At the option of the City,either: the insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects the City, its elected officials, officers,
employees, agents and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claims administration and
defense expenses.
D. The General Liability shall contain or be endorsed to contain the following
provisions:
l. City, its elected officials, officers, employees, and agents are to be covered as
additional insured as respects liability arising out of work or operations
performed by or on behalf of Consultant; premises owned, leased or used by
Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection
afforded to City, its elected officials, officers, employees, agents and
volunteers.
2. The insurance coverage of Consultant shall be primary insurance as respects
City, its elected officials, officers, employees, agents and volunteers. Any
insurance or self=insurance maintained by City, its elected officials, officers,
employees, agents and volunteers, shall be in excess of Consultant's
insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Consultant shall apply separately to
each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
4. Each insurance policy required by this Contract shall be endorsed to state that
coverage shall not be canceled except after thirty (30) calendar days' prior
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written notice has been given to City. In addition, Consultant agrees that it
shall not reduce its coverage or limits on any such policy except after thirty
(30) calendar days' priar written notice has been given to City.
E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less
than A-VII.
F. Consultant shall designate the City of Redding, 777 Cypress Avenue, Redding, CA
96001 as a Certificate Holder of the insurance. Consultant shall furnish City with
certificates of insurance and original endorsements effecting the coverages required
by this clause. Certificates and endorsements shall be submitted electronically via the
PINS Advantage system. A link will be provided for the Consultant, or their
insurance agent, to enter and upload documents directly to PINS Advantage. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by the insurer to bind coverage on its behalf. All endarsements are to be
received and approved in PINS Advantage by the City's Risk Manager prior to the
commencement of contracted services. City may withhold payments to Consultant if
adequate certificates of insurance and endorsements required have not been submitted
as described above or provided in a timely manner.
G. The requirements as to the types and limits of insurance coverage to be maintained
by Consultant as required by Section 5 of this Contract, and any approval of said
insurance by City, are not intended to and will not in any manner limit or qualify the
liabilities and obligations otherwise assumed by Consultant pursuant to this Contract,
incl�uding, without limitation,provisions concerning indemnification.
H. If any policy of insurance required by this Section is a"claims made"policy,pursuant
to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall.
keep said insurance in effect for a period of eighteen(18)months after the termination
of this Contract.
I. If any damage, including death, personal injury or property damage, occurs in
connection with the performance of this Contract, Consultant shall immediately
notify City's Risk Manager by telephone at(530) 225-4068. No later than three (3)
calendar days after the event, Consultant shall submit a written report to City's Risk
Manager containing the following information, as applicable: 1)name and address of
inj ured or deceased person(s);2)name and address of witnesses; 3)name and address
of Consultant's insurance company; and 4) a detailed description of the damage and
whether any City property was involved.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Consistent with California Civil Code § 2'782.8, when the services to be provided
under this Contract are design professional services to be performed by a design
professional, as that term is defined under Section 2782.8, Consultant shall, to the
fullest extent permitted by law, indemnify protect, defend and hold harmless, City,
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its elected officials, officers, employees, and agents, and each and every one of them,
from and against all actions, damages, costs, liability, claims, losses, penalties and
expenses (including, but not limited to, reasonable attorney's fees of the City
Attorney or legal counsel retained by City, expert fees, litigation costs, and
investigation costs) of every type and description to which any or all of them may be
subjected by reason of, or resulting from, directly or indirectly, the negligence,
recklessness, or willful misconduct of Consultant, its officers, employees ar agents
in the performance of professional services under this Contract, except when liability
arises due to the sole negligence, active negligence or misconduct of the City.
B. Other than in the performance of professional services by a design professional,
which is addressed solely by subdivision(A) of this Section, and to the fullest extent
permitted by law, Consultant shall indemnify protect, defend and hold harmless,
City, its elected officials, officers, employees, and agents, and each and every one of
them, from and against all actions, damages, costs, liability, claims, losses,penalties
and expenses (including, but not limited to, reasonable attorney's fees of'the City
Attorney or legal counsel retained by City, expert fees, litigation costs, and
investigation costs) of every type and description to which any or all of them may be
subjected by reason of the performance of the services required under this Contract
by Consultant its officers, employees or agents in the performance of professional
services under this Contract, except when liability arises due to the sole negligence,
active negligence or misconduct of the City.
C. The Consultant's obligation to defend, indemnify and hold harmless shall not be
excused because of the Consultant's inability to evaluate liability. The Consultant
shall respond within thirty (30) calendar days to the tender of any claim for defense
and indemnity by the City,unless this time has been extended in writing by the City.
If the Consultant fails to accept or reject a tender of defense and indemnity in writing
delivered to City within thirty (30) calendar days, in addition to any other remedy
authorized by law, the City may withhold such funds the City reasonably considers
necessary far its defense and indemnity until disposition has been made of the claim
or until the Consultant accepts or rejects the tender of defense in writing delivered to
the City, whichever occurs first. This subdivision shall not be construed to excuse
the prompt and continued performance of the duties required of Consultant herein.
D. The obligation to indemnify, protect, defend, and hold harmless set forth in this
Section applies to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits of said insurance policies do not act as a limitation
upon the amount of indemnification to be provided by Consultant.
E. City shall have the right to approve or disapprove the legal counsel retained by
Consultant pursuant to this Section to represent City's interests. City shall be
reimbursed far all costs and attorney's fees incurred by City in enforcing the
obligations set forth in this Section.
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SECTION 7. CONTRACT INTERPRETATTON, VENiJ�E AND ATTORNEl' FEES
A. This Contract shall be deemed to have been entered into in Redding, California. All
questions regarding the validity, interpretation or performance of any of its terms or
of any rights or obligations of the parties to this Contract shall be governed by
California law. If any claim, at law or otherwise, is made by either party to this
Contract, the prevailing party shall be entitled to its costs and reasonable attorneys'
fees.
B. This document, including all exhibits, contains the entire agreement between the
parties and supersedes whatever oral or written understanding each may have had
prior to the execution of this Contract. This Contract shall not be altered, amended
or modified except by a writing signed by City and Consultant. No verbal agreement
or conversation with any official, officer, agent or employee of City, either before,
during or after the execution of this Contract, shall affect or modify any of the tern�s
or conditions contained in this Contract, nor shall any such verbal agreement or
conversation entitle Consultant to any additional payment whatsoever under the
terms of this Contract.
C. No covenant or condition to be performed by Consultant under this Contract can be
waived except by the written consent of City. Forbearance or indulgence by City in
any regard whatsoever shall not constitute a waiver of the covenant or condition in
question. Until performance by Consultant of said covenant or condition is complete,
City shall be entitled to invoke any remedy available to City under this Contract or
by law or in equity despite said forbearance or indulgence.
D. If any portion of this Contract or the application thereof to any person or circumstance
shall be invalid or unenforceable to any extent, the remainder of this Contract shall
not be affected thereby and shall be enforced to the greatest extent permitted by law.
E. The headings in this Contract are inserted for convenience only and shall not
constit�ute a part hereof: A waiver of any party of any provision or a breach of this
Contract must be provided in writing, and shall not be construed as a waiver of any
other provision or any succeeding breach of the same or any other provisions herein.
F. Each Party hereto declares and represents that in entering into this Contract, it has
relied and is relying solely upon its own judgment, belief and knowledge of the
nature, extent, effect and consequence relating thereto. Each Party further declares
and represents that this Contract is made without reliance upon any statement or
representation not contained herein of any other Party or any representative, agent or
attorney of the other Party. The Parties agree that they are aware that they have the
right to be advised by counsel with respect to the negotiations, terms, and conditions
of this Contract and that the decision of whether or not to seek the advice of counsel.
with respect to this Contract is a decision which is the sole responsibility of each of
the Parties. Accordingly, no party shall be deemed to have been the drafter hereof,
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and the principle of law set forth in Civil Code § 1654 that contracts are construed
against the drafter shall not apply.
G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury
in any action, proceeding, claim or counterclaim, whether in contract or tort, at law
or in equity, arising out of or in any way related to this Agreement or the transactions
contemplated hereby. Each Party further waives any right to consolidate any action
which a jury trial has been waived with any other action in which a jury trial cannot
be or has not been waived.
I-I. In the event of a conflict between the term and conditions of the body of this Contract
and those of any exhibit or attachment hereto, the terms and conditions set forth in
the body of this Contract proper shall prevail. In the event of a conflict between the
terms and conditions of any two or more exhibits or attachments hereto, those
prepared by City shall prevail over those prepared by Consultant.
SECTION 8. SURVIVAL
The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive
termination of the Contract.
SECTION 9. COMPLIANCE WITH LAWS -NONDISCRIMINATION
A. Consultant shall comply with all applicable laws, ordinances and codes of federal,
state and local governments.
B. In the performance of this Contract, Consultant shall not discriminate against any
employee or applicant for employment because of race, color, ancestry, national
origin,religious creed, sex, sexual orientation, disability, age, marital status,political
affiliation, or membership or nonmembership in any organization. Consultant shall
take affirmative action to ensure applicants are employed and that employees are
treated d�uring their employment without regard to their race,color, ancestry,national
origin,religious creed, sex, sexual orientation, disability, age, marital status,political
affiliation,or membership or nonmembership in any organization. Such actions shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer,recruitment or recruitment advertising, layoff or termination,rates of pay or
other forms of compensation and selection for training.
SECTION 10. REPRESENTATIVES
A. City's representative for this Contract is Mark Christ, telephone number (530) 245-
1736, email mchrist@cityofredding.org. All of Consultant's questions pertaining to
this Contract shall be referred to the above-named person, or to the representative's
designee.
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B. Consultant's representative for this Contract is Deven Carter,telephone number(530)
222-3300, email carter@nmrdesign.com. All of City's questions pertaining to this
Contract shall be referred to the above-named person.
C. The representatives set forth herein shall have authority to give all notices required
herein.
SECTION ll. NOTICES
A. All notices,requests, demands and other communications hereunder shall be deemed
given only if in writing signed by an autharized representative of the sender(may be
other than the representatives referred to in Section 10) and delivered by facsimile,
with a hard copy mailed first class, postage prepaid; or when sent by a courier or an
express service guaranteeing overnight delivery to the receiving party, addressed to
the respective parties as follows:
To City: To Consultant:
Mark Christ Deven Carter, Associate Principal Architect
Associate Project Coordinator- Housing Nichols Melburg & Rossetto
777 Cypress Avenue 300 Knollcrest Drive
Redding CA 96001 Redding CA 96002
B. Either party may change its address for the purposes of this paragraph by giving
written notice of such change to the other party in the manner provided in this Section.
C. Notice shall be deemed effective upon: 1)personal service;2)two calendar days after
mailing or transmission by facsimile, whichever is earlier.
SECTION 12. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are
authorized to execute this Contract on behalf of the respective parties to this Contract;
that they have full right, power and lawful authority to undertake all obligations as
provided in this Contract; and that the execution, performance and delivery of this
Contract by said signatories has been fully authorized by all requisite actions on the
part of the respective parties to this Contract.
B. When the Mayor is signatory to this Contract, the City Manager and/or the
Department Director having direct responsibility for managing the services provided
herein shall have authority to execute any amendment to this Contract which does
not increase the amount of compensation allowable to Consultant or otherwise
substantially change the scope of the services provided herein.
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SECTION 13. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days
and year set forth below:
CITY OF REDDING,
A Municipal Corporation
Dated: , 2024
By: Tenessa Audette, Mayor
ATTEST: APPROVED AS TO FORM:
CHRISTIAN M. CURTIS
City Attorney
SHARLENE TIPTON, City Clerk By:
CONSULTANT
Nichols,Melburg & Rossetto
Dated: September 5, 2024
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By:
Tax ID No.: 68-0009012
DIR No.: PW-LR-10000364828
Consulting and Professional Services Agreement Page 12
Rev. 8/23
Exhibit A
CITY OF REDDING
CONSULTING AND PROFESSIONAL SERVICES CONTRACT
Scope of Services for
ARCHITECTURAL AND ENGINEERING SERVICES
For the
DEVELOPMENT OF A MIXED-USE MULTIFAMILY RESIDENTIAL AND
COMMERCIAL BUILDING LOCATED AT S15 AND 825 PARKVIEW AVENUE AND
2520 LELAND AVENUE
General Requirements/Scope of Services
Consultant shall provide:
• Architectural services
• Structural engineering services
• Civil engineering services
• Mechanical engineering services
• Electrical engineering services
• Low voltage systems services (IT, AV, security and building automation)
• Landscape architecture services
• Interior design (finishes, furnishings, furniture, equipment)
• California Green Building Code Tier 2 compliance
• Architectural cost consulting/estimating services throughout design
• Site survey services
• Geotechnical services
• All other design and engineering services as normally and reasonably required for a project
of this size and scope.
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Task 1: Project Management Review and Scheduling
Provide all contract management and quality control services throughout the duration of the proj ect
including:
• Meetings, agendas, and minutes;
• Schedules and schedule updates;
• Prepare and submit monthly progress report with monthly progress payment. The
monthly progress report shall incl�ude:
o An overview of work accomplished during the previous month;
o A description of current key activities and an updated schedule for each task
and subtask.
o A list of problem areas, if any, and proposed corrective actions;
o A list of tasks for the following month;
o A Schedule Summary indicating whether the project is on schedule and any
schedule concerns or critical path items (a Recovery Plan/Schedule for any
activities that fall more than 2 weeks behind schedule)
o Quality Assurance/Quality Control Program including formal Quality Plan;
o Correspondence and file maintenance
o Prepare and conduct a presentation to the City Council and the public and
prepare presentation materials at the request of the CTTY. Three (3)
presentations are anticipated for this project.
The Consultant's Project Manager shall play an active role in the management and coordination
of the project to include monthly meetings with City staff to discuss project status, problems,
budgeting, and other areas that have an adverse effect on the work.
Task 2: Data Collection and Field Surveys
All relevant studies for compliance with the California Environmental Quality Act have been
completed and an exemption and a mitigated negative declaration filed in 2021.
The Consultant shall conduct a geotechnical investigation of the subsurface conditions in the areas
of roadway and associated facility improvements. The data from the investigation shall be used
in the design of any underground structures, foundation design, and trails, parking, etc. A log of
all test borings shall be made available to the City's Project Manager.
The Consultant shall be responsible for identi�cation and coordination with each utility including
new or relocation of any utilities as needed to eliminate conflicts in the design of the project. The
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utilities include but are not limited to: PG&E, REU, Redding Municipal Utilities (RMU), AT&T,
and Charter.
The Consultant shall conduct all data collection, field surveys and other information necessary to
establish horizontal and vertical control, utility locations, right-of-way limits, and property
boundaries. This will include, but may not be limited to the following:
• Boundary, topographic and control surveys to establish elements required for plan
preparation and construction
• Review existing utility maps and identify positive utility location information and identify
points of connections and service upgrades.
• Building and structure location data for tie in control
• Record/as-built drawings
• Environmental, geotechnical or any other pertinent document review
• Obtain available existing data that will aid in design,including required amenities, general
locations, and any other requirements.
• Perform site reconnaissance to gain an understanding of the existing site conditions,
relationships to surrounding features, circulation, landscaping, and other relevant factors.
• Meet with City staff for field review of existing site, existing infrastructure, and project
components.
• In-situ soil sampling, pavement boring and laboratory tests. The tests shall include but not
be limited to, determination of soil "R"value in new pavement areas and determination of
existing pavement structural section in areas abutting new paving work.
• Determination of ground stability
• Log of test borings
• Notification to City and Underground Service Alert(USA) of all sampling work.
• Consultant sha11 be responsible for obtaining a11 City and County permits necessary for the
geotechnical work. Consultant shall coordinate with the City Project Manager at least 48
hours prior to any work on the site.
• Provide City with (1) hard copy and one (1) electronic PDF file of draft and final
geotechnical report and any other reports deemed necessary to construct the project.
Geotechnical report shall include recommendations for foundations(as necessary)and new
pavement structural section design for trails,parking and other features.
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The basis of bearings shall be the City of Redding monumentation and coordination with the State
Plane Coordinate System NAD 83 and NAVD 88 datums.
Task 3: Conceptual and Schematic Design
• Participate in Project Kickoff Meeting with City Project Manager and City Staff Project
Team to review and discuss project background, reference materials, pre-design
investigations, conceptual design materials delivered to date, project goals and
assumptions, and budget.
• Review grant application and program requirements to ensure compliance with any
standards specifically referenced in the guidelines.
• Prepare conceptual design and conduct a meeting to present to City Project Manager
and staff team for comment and approval.
• Prepare Basis of Design document. Basis of Design Document to include building
and/or other systems descriptions, code analysis, and preliminary Title 24 energy
performance data.
• Develop schematic design level drawings and outline specifications based on the
approved conceptual design, budget, City Standards and regulatory requirements and
policy directives listed above.
• Make recommendations to City staff and operations for selection and approval of
equipment and relevant systems.
• Prepare design update presentation materials and participate in meetings with and
present design to key stakeholders: City Housing Division, City Staff Project Team,
core community stakeholders.
• Provide cost estimate with Schematic Design submittal.
Task 4: Design Development (30% Plans & Estimate)
• Incorparate comments received on schematic design phase from internal and external
stakeholders.
• Develop 30% design plans for all project elements and potential options considering
preliminary cost estimates.
• Circulate 30%P&E for comments and review and make revisions a required.
Task 5: Obtain All Necessary Permits
The consultant will support and provide a11 necessary services to obtain required permits. CEQA
studies for the project are complete.
• It is anticipated that the permits required will be City of Redding construction building
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permits for shade structures and restroom building.
• Any associated drainage or stormwater discharge permits.
• Consultant will acquire grading permit for project construction.
Task 6: Plans, Speci�cations, and Engineering Estimates
The Consultant shall prepare all contract documents (construction plans, specifications, and cost
estimates) for the project in accordance with City of Redding standards. Design services shall
incl�ude, but not be limited, to the following:
• The consultant shall perform surveys and determine location of existing City Right of Way
(ROW). All ROW data shall be shown accurately on all plans and exhibits.
• Prepare plans, to the City standards,which will include at a minimum Title Sheet, General
Notes, and Right-of-Way, Existing Conditions and Demolition Plans, CiviUArchitectural
Layout Plans, Crrading and Utilities Plans,Landscaping and Irrigation Plans,Electrical and
Lighting Plan, and all necessary details to construct the project.
• Identify and design the stormwater treatment (or low impact development) for the project.
• Prepare specifications and bid documents, which will include at a minimum, detailed
projects description, working days for construction, bid schedule, bid item descriptions,
payment methods, special provisions,technical specifications, and any specification detail
sheets or standard plans, necessary to construct the project. All designs shall comply with
appropriate local and state design codes and guidelines.
• An independent constructability review of the project shall be accomplished at the
appropriate design stages.
• Conduct formal design review meetings with City staff and utility liaisons throughout all
stages of the preliminary engineering and final design process. Meetings shall at a
minimum be conducted at the 30%, 60%, and 90% stages of the project.
• Each submittal must be provided with comment resolution matrix and checked redlines.
• Consultant shall respond to, and incorporate,if appropriate, any and all comments received
from the City or any other regulatory or utility agency.
• Submittal formats shall follow the City guidelines.
Task 7: Final Submittals
Upon acceptance and approval by the City, the consultant shall submit final construction bid
documents for the proj ect.
Deliverables:
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• Two (2) final contract bid document submittals (plans, specifications and estimate of
the 100% Final Package completion points far City and outside agency review. The
items below are required for each contract submittal:
o Submit two(2)full-size and two half-size(bond paper)final plan set master
with the design engineer's seal and signature on each plan sheet and title
sheet of specifications.
■ Final drawings shall be prepared on 24"x 36"or original signatures.
Submittals for review will be at the appropriate design stages with
drawings reduced by 50% and specifications on 8 '/�" x 11"
reproducible paper. Ten (10) sets will be included at the review
stages to allow the City and all other appropriate agencies consulted
to provide a thorough review of the project documents.
o Complete bid packages shall be prepared incorporating all City standard
general provisions, instructions and notice to bidders, technical
specifications, special provisions, federal provisions, if required, and
approved plans reduced by 50%.
o Submit an electronic copy of all plans in AutoCAD and Adobe Acrobat
format.
o Submit specification document in Microsoft Word and pdf format.
o Submit one set of quantity calculations and final engineering estimate in
Microsoft Excel format.
Task 8: Assistance During Bidding and Construction
The consultant will provide assistance to the City during the bidding and construction phases of
the project to ensure the contractor understands all technical aspects of the design and any design
changes. This work will include the following:
• Conduct pre-bid meetings for prospective bidders to answer contractor and supplier
technical questions;
• Coordinate through the City responses to contractor and supplier technical questions
during bidding and prepare any addenda required;
• Provide any drawings,modifications, and clarifications during the bidding period;
• Attend one (1) pre-construction conference to ensure contractor understanding of
project plans;
• Assist the City with submittal reviews, preparation of change orders, and response to
requests for information related to technical design issues encountered;
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• Prepare design clarifications to convey design intent;
• Prepare as-built drawings following construction from mark ups submitted by the
contractor and resident engineer. The original designers stamp and signature shall be
maintained on the as-built drawings. An"as-built"or"record drawing" stamp shall be
added to the drawings.
Task 9: Basis of Design Document and Maintenance Plan
Consultant shall develop and maintain a Basis of Design Document(BOD)throughout the project
development phase. Primary design assumptions include but are not lirr�ited to the following:
• Project background, which is relevant to understanding the design, including those
f'rom the requirements, which had a major influence on the design such as energy,
safety, sustainability, etc.
• References or citations affecting primary design decisions.
• Schedule and budget limitations.
• Operational occupancy, building usage, diversity, etc.
• Indoor environmental design conditions, such as temperature,humidity,ventilation, air
changes per hour, and space pressurization.
• Building system primary design criteria, such as ambient conditions, space-by-space
equipment loads, equipment redundancy, safety factors, diversities, stand-by power
loads and capacities.
• The Consultant should save the �nal BOD document in the project close out folder
with the As-Built documents, warranties, and operations and maintenance manuals for
future reference.
• Specific codes/standards, regulations, guidelines or other references and the year of
publication.
• Legal requirements such as building codes, fire and life safety regulations and
specialized equipment or system codes.
• Owner mandated requirements either in standard design guidelines or specific to the
particular project, such as Environmental Health and Safety guidelines.
• Sustainable design goals.
• Energy considerations, such as facility source and load energy consumption and cost
goals.
• Considerations for future expansion.
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Narrative description of each major building system:
• Limiting conditions of the project on system types and locations.
• Why system types and locations were chosen, including any life cycle cost analyses.
• Discussion of air distribution systems — included duct systems, plenum construction,
air flow control strategies, fan system type, methodology for sizing duct systems, and
fan static pressure sizing procedures.
• Heating and cooling system component design demands and excess capacity
capabilities.
• Building automation system types, control schemes, and philosophy behind the
sequences.
• The BOD should evolve into a technically complete tool through the design process,
with updates during design development, construction, and at project completion.
• The Basis of Design document should include a summary of design solutions for any
exceptions ar notables. These are the unique pieces of information that should be
carried forward to potential future projects that may impact the built space or the way
the space is operated or maintained, etc. Examples of notable design solutions are
considerations for future expansion; both functional tie-ins for space or tie-in to
utilities,as well as designed spare capacity by system(exhaust,emergency power, etc).
A maintenance plan shall be developed for the facility and all appurtenant features. The exterior
shall not be included in the Maintenance Plan. The Maintenance Plan shall include:
• Documented expected lifespans of building materials, systems, hardware, and accessories.
• Strategies/methods/timelines and other suggestions for maintenance or replacement.
• Include costs estimates for future replacements based off designated replacement/service
intervals and include inflation in their budgets.
• Appurtenant features should include, exterior lighting of parking lot, parking lot seal
coating, and striping and other care.
• Operations and maintenance manual closeout binders (2 physical copies and 1 electronic
copy) at the end of the project. For all building items, incl�ude warranty documents,
manufacturer's maintenance schedule, and cut sheets on actual products used.
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Exhibit B
CITY OF REDDING
CONSULTING AND PROFESSIONAL SERVICES CONTRACT
Proposal Fee for
ARCHITECTURAL AND ENGINEERING SERVICES
For the
DEVELOPMENT OF A MIXED-USE MULTIFAMILY RESIDENTIAL AND
COMMERCIAL BUILDING LOCATED AT S15 AND 825 PARKVIEW AVENUE AND
2520 LELAND AVENUE
The proposed Fee for Architectural and Engineering in the table below is a Fixed Fee per task.
FEE PROPOSAL
Pre-Design $ 11,000
Schematic Design $ 66,000
Design Development $ 94,000
Construction Documents/Permitting $ 126,000
Bidding $ 11,000
Const�ruction Observation $ 63,000
TOTAL FIXED FEE $ 371,000
Fee will be invoiced based on percentage of work completed for each task. Reimbursable
expenses are included in the fee listed above for all travel and printing.
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