HomeMy WebLinkAboutReso 92-147 - Approve & Authorize the mayor to sign the agreement for Eng Serv between COR & James Montgomery, Consulting Eng, Inc related to City-Wide Master Storm Drain Study RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO . SIGN THE
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF
REDDING AND JAMES M. MONTGOMERY, CONSULTING ENGINEERS,
INCORPORATED, RELATING TO THE CITY-WIDE MASTER STORM
DRAIN STUDY, NOT TO EXCEED $250,000; AND AUTHORIZING
THE APPROPRIATION OF AN ADDITIONAL $25,000 FROM THE
STORM DRAIN CAPITAL FUNDS TO PROVIDE FOR ANY POTENTIAL
CONTRACT CHANGE ORDERS.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows:
1. City Council hereby approves entering into the
Agreement for Engineering Services between the City of Redding
and James M. Montgomery, Consulting Engineers, Incorporated,
relating to the City-wide Master Storm Drain Study, in an amount
not to exceed $250,000, a true copy of which is attached hereto
and incorporated herein by reference.
2 . City Council also approves appropriating an additional
$25 , 000 from the Storm Drain Capital Funds to provide for
potential contract change orders.
i
3 . The Mayor of the City of Redding is hereby authorized
and directed to sign the above Agreement and any potential
Contract Modifications (Change Orders) on behalf of the City
Council of the City of Redding, not to exceed $250,000 and
$25 , 000 respectively.
i
I HEREBY CERTIFY that the foregoing Resolution was
i
introduced and read at a regular meeting of the City Council of
N
the City of Redding on the 7th day of April 1992, and was duly
adopted at said meeting by the following vote:
AYES• COUNCIL MEMBERS: Arness, Carter, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATT rST: / }
Oe';
CONNIE STROHMAYER, C' y Clerk
i
FORM PFROVED:
ALL A. HAY , City Attorney
I
2
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is by and between The City of Redding. California (hereinafter
called "OWNER") and JAMES M. MONTGOMERY, CONSULTING ENGINEERS,
INCORPORATED., a corporation organized under the laws of the State of California,
(hereinafter called "MONTGOMERY").
I�
WITNESSETH:
WHEREAS, OWNER desires to obtain engineering services relating to the Project as hereinafter
defined, The City-Wide Master Storm Drain Study
(hereinafter the "PROJECT");
and
WHEREAS, OWNER desires to employ an engineering firm having broad and extensive
experience to be responsible for the overall planning and engineering for the entire PROJECT as
more specifically described herein below; and,
WHEREAS, the method of approach appearing in MONTGOMERY'S written proposal dated
January 16. 1992 is the basis for the services to be performed under this AGREEMENT; and
WHEREAS, OWNER desires to engage MONTGOMERY for the work and MONTGOMERY
is willing and able to undertake the work upon the terms and conditions hereinafter set forth:
NOW THEREFORE, it is mutually agreed as follows: OWNER hereby employs
MONTGOMERY and MONTGOMERY hereby accepts such employment to perform the
it
services hereinafter defined upon the terms and conditions set forth herein.
i
ARTICLE 1 - GENERAL CONDITIONS
1. OWNER hereby retains MONTGOMERY on an independent contractor basis.
MONTGOMERY, in accordance with its status as an independent consultant, covenants and
agrees that it will conduct itself consistent with such status, that it will neither hold itself out as,
nor claim to be an officer or employee of the OWNER, and it will not make any claim, demand,
or application to, or for any right or privilege applicable to an officer or employee of the
OWNER, including, but not limited to, workers' compensation coverage, unemployment
insurance benefits, social security coverage or retirement membership credit.
2. MONTGOMERY agrees to furnish certain professional engineering services, as hereinafter
described in the Detailed Scope of Work, marked as Attachment A, and incorporated herein.
3. The Agreement shall commence on April 15. 1992 and terminate on November 18. 1992 .
-1-
i
ARTICLE 2 - COMPENSATION
1. OWNER will pay to CONSULTANT as full compensation for the services described in this
Agreement a not to exceed fee of$250.000 The fee for services will be based on
completion of tasks as set out in Attachment A.
2. In the event of any legal proceedings or other claims requiring the services of
MONTGOMERY in providing expert testimony on behalf of OWNER in connection with the
PROJECT, except suits or claims by third parties against OWNER arising out of alleged errors
or omissions of MONTGOMERY, OWNER shall pay MONTGOMERY for services rendered in
regard to such legal or other claims, on a basis to be negotiated.
I
3. OWNER will pay MONTGOMERY for labor and expenses incurred in satisfying the
requirements and assisting in any audit required by OWNER, the Comptroller General, the
United Stated Department of Labor, the State Regulatory Agency, or any other federal, state and
local agencies or any of their duly authorized representatives. The basis of payment will be
defined by an Amendment to this Agreement.
4. In the case of unavoidable delay due to weather, strikes, or any other condition not under
MONTGOMERY'S control, the time for performance by MONTGOMERY as provided herein
shall be extended, and an equitable adjustment in the Estimated Cost shall be negotiated by
mutual agreement. Said modification or revision to this Agreement shall be in writing signed by
OWNER and MONTGOMERY.
ARTICLE 3 - PAYMENT
Payment to MONTGOMERY, as described in Article 2, is to be made as follows:
1. MONTGOMERY shall submit its standard monthly invoice describing the percent complete
of each task for which it performed services during the preceding month.. OWNER shall make
payment to MONTGOMERY within 30 days after receipt of MONTGOMERY's monthly
invoice.
2. OWNER agrees that timely payment, as provided herein, is a material term of this
Agreement, and failure to make timely payment as agreed constitutes a breach hereof. In the
event payment for services rendered has not been made within 60 days from the receipt of
invoice, MONTGOMERY may, after giving 7 days written notice and without penalty or
I
liability of any nature, and without waiving any claim against OWNER, suspend all work on all
authorized services as set forth herein. Upon receipt of payment in full for services rendered,
plus interest charges, MONTGOMERY will continue with all services not inconsistent with
Article 7 herein.
I
Payment of all compensation due MONTGOMERY pursuant to this Agreement shall be a
condition precedent to the OWNER using any of MONTGOMERY'S professional services work
products furnished under this Agreement.
i
i
-2-
i
7
3. In order to defray carrying charges resulting from delayed payments, simple interest at the
rate of 18% per annum (not to exceed the maximum rate allowed by law) shall be added to the
unpaid balance of each invoice. Payments shall first be credited to interest and then to principal.
4. It is further agreed that the above payments for engineering services, as described herein,
have been arrived at after meaningful negotiations between OWNER and MONTGOMERY, and
that the cost or pricing data used are complete, current, and accurate.
5. It is also mutually agreed that the above payment for engineering services shall be
compensation only for those services specifically identified in Article 1, and more fully
described in Attachment A. Provisions for additional compensation will be separately negotiated
to pay for Additional Services.
ARTICLE 4 - OWNER'S RESPONSIBILITIES.
1. OWNER shall designate in writing a person to act as OWNER's representative with respect
to the services to be rendered under this Agreement. Such person will have complete authority
to transmit instructions, receive information, interpret and define OWNER's policies and
decisions with respect to MONTGOMERY's services.
2. OWNER shall furnish to MONTGOMERY all nonconfidential technical data in OWNER's
possession which OWNER may lawfully release, including but not limited to, maps, surveys,
drawings, soils or geotechnical reports, and any other information required by
MONTGOMERY, all of which MONTGOMERY may use and rely upon in performing services
under this Agreement.
3. OWNER shall arrange for access to and make all provisions for MONTGOMERY to enter
upon public and private property as required for MONTGOMERY to perform services under
this Agreement.
4. OWNER shall examine all studies, reports, sketches, drawings, specifications, and other
documents presented by MONTGOMERY, seek legal advice, the advice of an insurance
counselor, or other consultant(s) as OWNER deems appropriate for such examination, and
render in writing decisions pertaining thereto within a reasonable time.
I
5. In addition to all costs incurred, as set forth in paragraphs 1 through 4, inclusive above,
OWNER shall obtain and pay for, where applicable, the following:
'I
(a) All costs of published advertisements for bids;
(b) All costs for obtaining permits and licenses that may be required of OWNER by local,
State, or Federal authorities;
(c) All costs to insure necessary land, easements, and rights-of-way;
(d) All other charges not specifically covered by the terms of this Agreement.
''i -3-
0 i
6. OWNER may, from time to time, request changes in the scope of the services of
MONTGOMERY to be performed hereunder. Such changes, including any increase or decrease
in the amount of MONTGOMERY's compensation which are mutually agreed upon by and
between the OWNER and MONTGOMERY, shall be incorporated in written amendments to
i
this Agreement.
ARTICLE 5 - MONTGOMERY'S RESPONSIBILITIES.
1. MONTGOMERY shall provide the services of a Project Manager for the duration of the
Project. The Project Manager shall have immediate responsibility for the performance of the
services and for all matters relating to performance under this Agreement.
2. MONTGOMERY has designated John H. Humphrey as Project Manager, and she/he will
not be replaced without the consent of OWNER.
3. MONTGOMERY represents that it has or will secure, at its own expense, all necessary
personnel required to perform the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with agencies providing funds for the project.
� 4. All of the services requited hereinafter shall be performed by MONTGOMERY or under
its supervision, and all personnel engaged in performing the services are to be fully qualified and
shall be authorized or permitted under State and local law to perform such services. All
professional personnel, including subconsultants engaged in performing services for
MONTGOMERY, are to be indicated in the personnel listing contained Attachment B.
5. All changes or substitutions in MONTGOMERY's personnel as set forth herein must be
made known to the OWNER's project director; and the OWNER's project director shell execute
a written approval before said change or substitution can become effective.
6. MONTGOMERY will not commence performance of the services identified in Article 1,
until execution of this Agreement by both parties.
7. MONTGOMERY will not begin work on any Additional Services, not included in the
original Scope of Work, until OWNER has authorized the performance of the same in writing,
said Amendment signed by MONTGOMERY and OWNER, specifying the work to be
performed, basis for payment, and the time for performance.
8. Opinions of construction cost to be prepared pursuant to this Agreement will be based
upon data presently available, and adjusted where necessary to reflect anticipated future changes.
In preparation of these cost estimates MONTGOMERY will apply its experience and judgment.
Since MONTGOMERY has no control over future changes or competitive bidding procedures,
and market conditions or other factors affecting cost, MONTGOMERY makes no warranty,
whether expressed or implied, as to the accuracy of said opinions of cost.
i
-4-
i
•
9. When MONTGOMERY provides on-site monitoring personnel as part of services during
construction under this Agreement, the on-site monitoring personnel will make reasonable
efforts to guard OWNER against defects and deficiencies in the work of the contractor(s) and to
help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day
monitoring will not, however, cause MONTGOMERY to be responsible for those duties and
responsibilities which belong to the construction contractor(s), and which include, but are not
limited to, full responsibility for the means, methods, techniques, sequences and progress of
construction, and the safety precautions incidental thereto, and for performing the construction
i) in accordance with the Contract Documents.
10. Visits to the construction site and observations made by MONTGOMERY as part of
services during construction under this Agreement shall not make MONTGOMERY responsible
for, nor relieve the construction contractor of the full responsibility for all construction means,
methods, techniques, sequences, and procedures necessary for coordinating and completing all
portions of the work under the construction contract(s), and for all safety precautions incidental
thereto. Such visits by MONTGOMERY are not to be construed as part of the monitoring duties
of the on-site monitoring personnel defined above.
11. MONTGOMERY will maintain books, records, documents, and other evidence directly
pertaining to or connected with the charges for services under this Agreement which shall be
available and accessible at MONTGOMERY's offices for the purpose of inspection, audit, and
copying during normal business hours by OWNER, or any of its authorized representatives.
j Such records shall be retained for a minimum of 3 years after completion of services.
ARTICLE 6 - INSURANCE
1. MONTGOMERY shall, at all times, maintain in full force and effect the insurance required
by this Article. Certificates of insurance and necessary endorsements evidencing required
coverages shall be filed with the Risk Management Office at least ten days prior to the
beginning of work.
2. All required insurance policies shall be issued by companies which hold a current policy
holders alphabetic and financial size category rating of not less than A:VII according to the most
recent issue of Best's Insurance Reports.
3, The following insurance shall be maintained by MONTGOMERY throughout the term of
this Agreement:
a. Comprehensive General Liability Insurance for bodily injury (including death), personal
injury, and property damage which provides limits of not less than $1,000,000 combined
i
single limit per occurrence. The policy shall include coverage or endorsements for:
,i (1) Premises and operations;
(2) Contractual liability;
-5-
i
I
0
(3) Products/Completed Operations with limits of $1,000,000 per occurrence which
is required to be maintained for a minimum of two years following acceptance of
the work by the OWNER;
(4) Independent consultants; and
(5) Personal injury liability. The personal injury endorsement shall not contain
liability assumed under the contract, or suits brought by employees exclusions.
b. Comprehensive Automobile Liability for bodily injury (including death) and property
damage which provides total limits of not less than $1,000,000 combined single limits
per occurrence, applicable to all owned, non-owned, and hired vehicles.
The Comprehensive general liability insurance and the automobile liability
insurance required shall also include the following endorsements, copies of which
shall be provided:
1 Inclusion of the City of Redding, its officers agents, employees and volunteers as
additional insureds as respects services or operations under the contract;
(2) Cross liability and severability of interest clauses providing that the insurance
applies separately to each insured except with respect to the limits of liability;
(3) Stipulation that the insurance is primary insurance and that neither the OWNER
nor its insurers will be called upon to contribute to a loss.
c. Professional Errors and omissions liability insurance, in an amount not less than
$1,000,000.
d. StatutoEy Workers. Compensation and Employer's Liability Insurance shall be provided
for all employees engaged in services or operations under the Agreement. The
Employer's Liability insurance shall provide limits of not less than $1,000,000 per
occurrence. Both the Workers' Compensation and Employer's Liability policies shall
contain the Insurer's waiver of subrogation in favor of the OWNER, its officers, agents,
employees, and volunteers.
4. The above insurance requirements as to types and limits of insurance coverage to be
maintained by MONTGOMERY, and any approval of insurance by the OWNER, are not
intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by MONTGOMERY or pursuant to the Agreement, including, but not limited to, the
provisions concerning indemnifications, not preclude the OWNER from taking any other action
available to it under any other provisions of the Agreement or law.
5. The OWNER acknowledges that some insurance requirements contained herein may be
fulfilled by self-insurance or other combinations of insurance on the part of MONTGOMERY.
However, this shall not in any way limit liabilities assumed by MONTGOMERY under the
Agreement. Any self-insurance or other combinations of insurance must be approved in writing
by the OWNER, at its sole discretion.
6; Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, or reduced in coverage or in limits except after thirty days prior
written notice to the OWNER.
-6-
'I
7. The OWNER reserves the right to withhold any progress payments to MONTGOMERY in
the event of non-compliance with any insurance requirements.
i
8. Although the insurance as stated is currently in effect, due to the instability of the world
insurance market, it is recognized that on periodic negotiation of policy renewals, it may not be
possible to maintain the exact insurance coverage required under the terms of this Agreement.
In such event, MONTGOMERY will use its best efforts to obtain insurance coverage that is
i
reasonably available, and most nearly equivalent to the insurance coverage herein described.
ARTICLE 7 - INDEMNIFICATION AND COMPLIANCE WITH LAWS
1. MONTGOMERY agrees to protect, defend, indemnify, and hold harmless the OWNER, its
officers, agents, and employees from and against any and all liability, damages, claims, suits,
liens, and judgments, of whatever nature, including claims for contribution and/or
indemnification, for injuries to or death of any person or persons, or damage to the property or
other rights of any person or persons arising out of, or alleged to have arisen from the willful or
negligent acts, errors or omissions of MONTGOMERY in the performance of the Agreement.
MONTGOMERY's obligation to protect, defend, indemnify, and hold harmless, as set forth
hereinabove, shall include any matter arising out of any actual or alleged infringement of any
patent, trademark, copyright, or service mark, or any actual or alleged unfair competition,
disparagement of product or service, or other business tort of any type whatsoever, or any actual
or alleged violation of trade regulations. MONTGOMERY further agrees to protect, defend,
indemnify, and hold harmless the OWNER, from liability for compensation under Workers'
Compensation Act arising out of injuries sustained by any employee of MONTGOMERY.
However, the total aggregate of MONTGOMERY;s professional liability to all parties related
the this Agreement, shall not exceed the greater of$50,000 or the amount of MONTGOMERY;s
fee.
2. Even though all documents including Drawings and Specifications prepared or furnished by
j MONTGOMERY (and MONTGOMERY'S independent professional associates and consultants)
pursuant to this Agreement are instruments of service in respect of the Project shall belong to the
OWNER. The OWNER shall have the unrestricted authority to publish, disclose, distribute, and
otherwise use, in whole or in part, any such documents and data prepared under this Agreement.
However, such documents or data are not intended or represented to be suitable for reuse by
OWNER or on any other extensions of the Project, or on any other project. Any reuse without
written verification or adaptation by MONTGOMERY for specific purpose intended will be at
OWNER'S sole risk and without liability or legal exposure to MONTGOMERY, or to
MONTGOMERY'S independent professional associates and consultants. OWNER agrees to
defend, indemnify, and hold MONTGOMERY harmless from all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle MONTGOMERY to further compensation at rates to be agreed upon by
OWNER and MONTGOMERY.
-7-
J
R
3. To the extent applicable hereto, MONTGOMERY shall, in the performance of this
Agreement comply with:
(a) The Fair Labor Standards Act of 1939 (20 U.S.C. 201-219); The Walsh-Healey Public
Contracts Act (41 U.S.C. 35-45); The Contract Work Hours Standards Act - Overtime
Compensation (40 U.S.C. 327-330); Laws restraining the Use of Convict Labor;
Utilization of Small Business and Small Disadvantaged Business Concerns (Public Law
95-507); all other federal, state and local laws; and all regulations and orders issued
under any applicable law.
i
(b) The Equal Employment Opportunity clause in Section 202 of Executive Order (E. O.)
11246, as amended, and the implementing rules and regulations (41 CFR Part 60) are
incorporated herein by reference, unless this order is exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of E. O. 11246 or
provisions of any superseding E. O. As used in this clause, "Contractor" means Seller.
Unless this order is exempted, the applicable Equal Employment Opportunity
Compliance Certificate previously submitted by Seller to Buyer is by reference also
incorporated herein.
(c) The Affirmative Action for Handicapped Workers Clause in Title 41, Code of Federal
Regulations, Part 60, Subsection 741.4 and the implementing rules and regulations of the
Department of Labor associated therewith are incorporated herein by reference unless
this order is under$2,500. As used in said clause, "Contractor" means Seller.
(d) The Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era Clause
of Title 41, Code of Federal Regulations, Part 60, Subsection 250.4 and the
implementing rules and regulations of the Department of Labor associated therewith are
incorporated herein by reference, unless this order is under $10,000. As used in said
clause, "Contractor" means Seller, and "Contract" means this order.
ARTICLE 8 - SUSPENSION OR TERMINATION
1. OWNER may, at any time and without cause, suspend the services of MONTGOMERY, or
any portion thereof for a period of not more than 90 days by notice in writing to
MONTGOMERY. MONTGOMERY shall resume the services on receipt from OWNER of a
written notice of resumption of services. MONTGOMERY may be allowed an increase in fee or
an extension of time, or both, if MONTGOMERY makes an approved claim therefor, as
provided in paragraph 2 below. In the event that the period of suspension exceeds 90 days, the
terms of this Agreement are subject to renegotiation.
2. OWNER, within the general scope of this AGREEMENT may, at any time, by written
notice to MONTGOMERY, issue additional instructions, require additional services, or direct
the omission of services covered by this AGREEMENT. In such event, there will be made an
equitable adjustment in price and/or time of performance, but any claim for such an adjustment
must be made within 30 days of the receipt of said written notice.
3. OWNER may cancel this AGREEMENT at any time upon 10 days written notice to
MONTGOMERY. MONTGOMERY agrees to cease all work under this AGREEMENT on or
before the effective date of such notice. Nothing contained in any part of this AGREEMENT
-8-
shall be deemed or construed to lessen, limit or derogate from OWNER'S absolute right of
cancellation set forth herein.
In the event of cancellation of this AGREEMENT by OWNER, MONTGOMERY shall
receive as full compensation for all services and work performed to the date of
cancellation, and all costs incurred in connection therewith, an amount of money to be
determined as follows:
For work done on items of service on which a proceed order has been issued and which
has been done in accordance with the terms and provisions of this Agreement,
MONTGOMERY shall be paid an amount of money computed in accordance with the
specifications set forth in Articles 1 and 2 of this Agreement, plus reasonable termination
expenses, in no event shall the amount of money to be paid for such items of service
exceed the amount of money which would be paid MONTGOMERY under the
applicable provisions of this Agreement for the full performance of such services.
4. If through any cause, MONTGOMERY fails to fulfill in a timely and proper manner its
obligations under this Agreement, or if MONTGOMERY violates any of the covenants,
agreements, or stipulations of this Agreement, the OWNER shall thereupon have the right to
terminate this Agreement by giving written notice to MONTGOMERY of such termination and
specifying the effective date thereof at least five days before the effective date of such
termination. In such event, all documents, program specifications, and work papers prepared for
the OWNER by MONTGOMERY becomes the OWNER's property. The OWNER shall pay
MONTGOMERY a reasonable amount for any work performed up to the stated effective
termination date subject to verification by the OWNER that said work was satisfactorily
performed.
5. MONTGOMERY shall not be in default by reason of any failure to perform this Agreement
in accordance with its terms (including any failure by MONTGOMERY to make progress in the
performance of the work hereunder which endangers such performance) if such failure arises out
of causes beyond the control and without the fault or negligence of MONTGOMERY and its
subconsultants. Such causes may include, but are not restricted or limited to, acts of God, or of
the public enemy, acts of the government in either its sovereign or contractual capacity, fires,
floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and unusually severe
weather, but in every case, the failure to perform must be beyond the control and without the
fault or negligence of MONTGOMERY and its subconsultants.
i
ARTICLE 9 - MISCELLANEOUS
1. This Agreement shall be governed and interpreted in accordance with the laws of the
State of California.
j 2. Any written notice permitted or required to be given under this Agreement may be given or
served either in person or by certified mail. Such notice shall be effective upon receipt thereof
by the party to whom it is addressed, whether it is personally delivered or sent by certified mail.
Any such written notice delivered by certified mail shall, if not actually received earlier, be
deemed to have been effectively delivered at the expiration of 48 hours after deposit in the
United States Mail. Such notice shall be delivered or sent to the address of the party concerned
j -9-
i
i
•
as shown below. Either party may change such address by giving written notice to the other
party as provided below.
OWNER:
i
i
Attn:
MONTGOMERY: JAMES M. MONTGOMERY,
CONSULTING ENGINEERS, INC.
740 University Avenue, Suite 160
Sacramento, CA 95825
Attn: Eric S. Clyde
I
'I
3. OWNER and MONTGOMERY hereby agree that if either party becomes involved in
litigation arising out of or resulting from the Agreement or the performance thereof, the court in
i such litigation shall award reasonable costs and expenses, including attorney's fees, to the party
justly entitled thereto. In awarding attorney's fees, the court shall not be bound by any fee
schedule, but shall, if in the interest of justice, award the full amount of costs, expenses and
attorney's fees incurred in good faith by the party entitled thereto.
4. MONTGOMERY's books, papers, records, and accounts, as well as those of any structural,
mechanical, and electrical subcontractors, or any other consultant retained by MONTGOMERY,
relating to or in any way connected with the professional services herein contemplated, shall be
open, at all reasonable times, for inspection and audit by the agents and authorized
representatives of OWNER. The original books, papers, records, and other documents described
herein shall be retained for a minimum of 3 years after completion of services.
5. This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto,
but is not to be assigned without first obtaining the written consent of the other; consent not to
be unreasonably withheld.
6. MONTGOMERY agrees that it presently has no interest and shall acquire no interest, direct
;i or indirect, that would conflict in any manner or degree with the performance of its services
hereunder. MONTGOMERY further agrees that, in the performance of the agreement, no
person having any such interest shall be employed.
'I
-10-
'I
7. OWNER reserves the right, with cause, which shall be communicated in writing, to request
replacement of any onsite monitoring personnel furnished by MONTGOMERY as a part of any
it services during construction, as provided under Article 1.
8. This represents the entire understanding of OWNER and MONTGOMERY as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may only be modified by
amendment in writing signed by each party.
j 9. MONTGOMERY'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 term, condition or covenant.
10. 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 each party.
� Executed this_day of , 1992, at Redding , CA .
OWNER JAMES M. MONTGOMERY
CONSULTING ENGINEERS, INC.
a California corporation,
By: By:
Title: Title: Vice President
Dated: Dated: March 30, 1992
By: By:
Title: Title:
Dated: Dated:
(6/89)
I
I
j
-11-
I
ATTACHMENT A
SCOPE OF WORK
TASK I. DATA COLLECTION
Consultant will assemble a database of existing mapping and information relating to storm
drainage in the study area including, but not limited to:
1. Storm Drain Master Plans
2. Detailed Drainage Studies
I)
3. SCS Soils Maps
4. Land Use Maps
5. General Plans
6. FEMA Flood Studies
7. Ortho mapping
8. USGS maps
9. City GIS mapping
Copies of appropriate reports or maps will be obtained from the City, as well as tentative and/or
recently approved subdivision plans as well as subdivision plans constructed prior to 1981.
Consultant will provide personnel to be available at the City offices to assist in assembling and
copying maps, drawings, and reports as needed.
I
TASK II. INVENTORY OF DRAINAGE FACILITIES
Consultant will provide local personnel, with experience in the Redding area, to conduct the
field inventory. Any pipes found, even if they are smaller than 36", will be included in the
inventory. The maintenance status and condition of pipes in the field inventory will also be
noted. As specified in the RFP, the inventory will not be conducted for the Enterprise-Cascade
area inside Ott/Pace Report boundaries and any new, self-contained subdivisions developed after
January 1981.
Consultant will enter inventory data into an computerized database (R-Base). This will provide
City personnel with easy access and integration into existing databases. The inventory will also
be listed in tables to include information on location (map/grid code), pipe diameter, pipe slope,
pipe material and length between nodes.
Subtask II-A. Existing Facilities As-Builts
Consultant personnel will assemble as-built drawings from the City which meet the above
criteria. These drawings will then be used to compile information and place it into the computer
database from which it will easily be extracted in table form and used for plotting the existing
't drainage system on the base maps.
i
1
i
1
�I
i
I
Subtask II-B. Proposed Facilities
Proposed facilities associated with new development and likely to have final approved design
prior to October 1992 will be input into the database, described in tables, and plotted on the base
maps.
Subtask II-C. Field Data Collection
Field information on the existing drainage system will be obtained where as-builts are not
available or do not show sufficient detail regarding slope or other specifications. Description of
some older drainage systems in Redding west of the Sacramento River may be limited by
inaccessibility, but 36-inch and larger pipes will be inventoried where possible. A comparison
will be made between aerial photography and the city inventory of drainage systems (for
development after January 1981) to help ascertain whether drainage system components are
included in the inventory.
The field survey will include a stream course survey to develop a description, map location, and
photograph of all stormwater outfalls into natural streams and tributaries, including the ACID
canal and the Sacramento River. This stream survey will include outfalls which are less than 36
inches where they are encountered. Every attempt will be made to locate all outfalls, but it is
possible that some smaller outfalls will be hidden by the vegetation along the streams and will be
survey will include notes and photographs of vegetation
� inaccessible. Part of the stream course su ey p grap g
and typical channel and overbank conditions for determining "n" values for the FEMA update
HEC-2 analysis.
The field survey of the stream courses and tributaries will also describe and provide upstream
and downstream photographs of all stream crossing structures. Those structures not described
by FEMA HEC-2 input or as-built drawings will be measured and referenced to the stream bed
profile.
i
Past studies, as-builts, existing maps and aerials, and the stream course survey will provide a
good basic definition of where the major storm drain systems are located. Field measurements
li will define drainage system type, location, length, and slope for conveyance structures 36 inches
or larger ,where the information described above is not adequate.
Field information for pipes smaller than 36 inches will also be included in the inventory when
those pipes are located coincidentally during the field data collection. Condition and possible
maintenance needs of pipes inventoried in the field will also be recorded. Recorded field
information will be input into the computer database from which it will be extracted for
j inclusion in the tables and for plotting on the map overlays.
i
TASK III. HYDROLOGY
I
Hydrology will be based on two conditions, 1) Base 1992 existing land use conditions, and
2) Ultimate land use conditions based on the Redding General Plan. The Shasta County General
Plan will be used to determine ultimate land use for areas not covered by the Redding General
i
2
I
Plan. Areas tributary to but lying outside the study area will be modeled in HEC-1, but the
hydrologic parameters and subbasin delineations will be determined from the USGS quad maps.
Recurrence intervals for modeling will conform with the City of Redding Construction
Standards Manual. Hydrology calculations shall be reviewed and approved by the City prior to
the consultant proceeding to the hydraulic analysis.
In order for future development studies of small areas to be consistent with the hydrology
developed as part of this study, consistent procedures will be developed for use in small areas.
These procedures, along with examples, will be presented in the study report.
A hydrologic preprocessor, developed by the project team and currently being used in
Sacramento, Placer, and El Dorado Counties, will be tailored to meet the needs of the City and
provided to the City as a part of this study. The preprocessor will actually assist in the creation,
managing, and editing of HEC-1 input files. Use of the preprocessor in the future will guarantee
that hydrologic parameters used in HEC-1 are consistent with those used in this study, as long as
the data input to the preprocessor is correct.
Subtask III-A. Delineation of Subbasins
Subbasins will be delineated for the HEC-1 models of the streams and tributaries. The smallest
size of subbasin will depend on requirements to evaluate facilities down to 36-inch minimum for
existing and ultimate land use conditions. Larger subbasins will be set up in areas not studied in
detail (the Ott/Pace Enterprise/Cascade Area) and areas where the land use plan shows low
density development or where hydrologic boundaries extend outside of the Redding Sphere of
Influence. It is anticipated that 600-800 subbasins will be required, with the subbasin areas
ranging from 10 to 500 acres. Drainage areas connected to existing or proposed storm drain
I� systems will be modified if necessary to match developer plans and field data.
Subtask III-B. Design Storm Development
Precipitation intensity-duration-frequency curves will be developed using statistics in the
California Department of Water Resources Bulletin 190, (revised 1988). It is expected, as found
elsewhere in the Sacramento Valley, that short duration statistics (one hour or less) are nearly
independent of elevation, while long duration statistics (over one hour) depend on location and
elevation. Precipitation in the City of Redding shows a large increase from south to north and
increases from east to west with increasing elevation. It is probable that five or six precipitation
zones will be delineated within the study area. The precipitation intensity-duration frequency
relations for the 10-, 25- and 100-year recurrence intervals will be input to a HEC-1
preprocessor program which will assemble design storms with a 5 minute time step. Five minute
time steps will allow use of HEC-1 for subbasins as small as 10 acres. The length of the design
storm will vary from six hours to 10 days depending on response time of the stream basins and
emptying time of stormwater detention ponds.
The design storm developed as part of this subtask will be integrated into the hydrologic
preprocessor to assist the City in developing future HEC-1 models. This will also insure that
other engineers using the preprocessor will be consistent with the City hydrology as they
develop drainage plans for future development.
3
Subtask III-C. Hydrologic Subbasin Parameters
it Subbasin hydrologic parameters for input to the HEC-1 model will include SCS Curve Number,
percent impervious, and parameters describing the overland flow, gutter/street flow, and
pipe/channel flow components. Lag time, used by the SCS unit hydrograph method to convert
rainfall to a runoff hydrograph, will be computed from travel time components of overland flow,
' gutter/street flow, and pipe/channel flow. Stream channel routing will require parameters for
modified-Puls routing (from FEMA HEC-2 models where available), kinematic wave routing,
Muskingum-Gunge routing (from field data), and reservoir routing for proposed detention ponds
and road crossings with flow backup. The appropriate routing parameters will be chosen and
used based on each individual routing reach. Tables will be provided to show how the curve
numbers are derived from subbasin soil type and land use. The HEC-1 preprocessor will include
the methodology for converting land use and soil type to the appropriate curve numbers. Tables
and the HEC-1 preprocessor will be used to determine impervious area from land use.
Information for HEC-1 pipe flow will also be provided in tables indexed to the storm drainage
system inventory.
Subtask III-D. HEC-1 Model Setup
I�
i�
The HEC-1 preprocessor described above will be used to set up the HEC-1 models for the
streams and tributaries in the Study Area. The City will be provided with a copy of the
preprocessor and a manual explaining its use, with examples taken from the study. The
preprocessor and manual will enable City personnel and/or other consultants to easily revise the
HEC-1 model setup to reflect new construction and changes in land use plans while at the same
i
time insuring consistency with this study.
Subtask III-E. Flow Table
A table will be prepared from the HEC-1 outputs consisting of peak flows for present and future
conditions for the 10-, 25- and 100-year recurrence intervals, as appropriate, at model nodes
which correspond to significant pipe size changes (starting with 36" or 7.07 sq. ft.), pipe/channel
junctions, road crossings, and potential detention pond locations. These peak flows will be used
in the hydraulic analysis in Task IV. Results of the hydrologic (HEC-1 model) analysis for each
drainage basin will be submitted to the City for review and approval prior to initiating Task IV
for that drainage basin.
Subtask III-F. Comparison With FEMA Flood Hydrology
li
With the exception of the Sacramento River, the HEC-1 models will provide a comparison to
100-year flood discharges used in the FEMA flood studies within the Redding Sphere of
Influence. Since FEMA studies were based on 1980 and earlier land use, differences are
expected for the 1992 and ultimate condition 100-year hydrology. A table will be prepared
comparing flows for the 100-year recurrence and differences will be discussed in terms of
hydrologic modeling accuracy, potential requirements for flood plain remapping, or upstream
detention pond peak control.
4
In some areas existing systems may be under designed for the 10-, 25- and/or 100-year flows
appropriate for the drainage area. In other areas, new storm drainage systems or development
since the date of the FEMA studies may have caused increases in flood peaks. These increases
may be due to the increased efficiency of pipe/street discharge compared to natural conditions in
spite of the prevalence of SCS type 'D' low infiltration soils. A cost/benefit analysis will be
made to compare the desirability of upstream peak control using detention ponds to downstream
increases in capacity. An example from the HEC-1 analysis will be used to illustrate the use of
stormwater detention versus system resizing. A discussion will be provided comparing detention
pond unit design costs with storm drain resizing costs and potential number of buildings
impacted by 100-year flooding.
The role of stormwater detention related to future NPDES requirements for stormwater
treatment prior to discharge into receiving waters will also be analyzed.
TASK IV. HYDRAULIC ANALYSIS
The peak flows developed for existing and ultimate land use conditions in Task III will be used
for the evaluation, modification, and/or design of storm drain facilities. Pipes over 30" and
structures over 4.9 square feet in cross sectional area will be modeled in the analysis.
I
Subtask IV-A. Identify Problem Locations
Problems with the existing stormwater drainage system or stream crossings will be clearly
identified in tables and referenced to the appropriate maps. The causes for these problems will be
described as table entries. Causes of problems are expected to include: (1) undersized facilities
resulting from use of flood flows from new hydrologic methodology; (2) undersized facilities
due to new design criteria; and (3) undersized facilities due to land development or storm
drainage system changes upstream.
Subtask IV-B. Tabulate Hydraulic Design Criteria
Tables will be provided containing hydraulic design criteria including length, slope, Manning's
j "n", diameter or other geometry, and type of material. Pipe or other conveyance facilities
identified as problem areas in Subtask IV-A will be further evaluated for (1) recommended
'i improvements. (i.e. resize or decrease upstream flows); and (2) priority in terms of potential
flood damage, total cost of improvement, and availability of potential locations for upstream
detention pond control.
Subtask IV-C. Design Proposed Facilities
Pipe sizes will be determined using the Manning equation for pipes flowing full. Road crossings
will be designed using the Federal Highway Administration nomographs. Detention basins will
be designed to reduce the design flood peak to appropriate levels by storing a portion of the
flood volume behind appropriately sized broad-crested weirs and low-flow outlets. General
guidelines for the use of local, on-site detention storage will be prepared and presented in the
study report.
5
i
I
Subtask IV-D. Cost Estimates
Unit cost estimating curves will be provided for length/diameter pipe/culvert replacement or
resizing, and detention pond volume. These cost estimating curves will be used in developing
the facilities cost estimates for this study. The cost estimating data will be based on data from
the U.S. Army Corps of Engineers, the U.S. Bureau of Reclamation and others, as well as
consultant's current local bid experience.
Subtask IV-E. Capital Improvement Program
Alternative solutions will be developed for drainage problems identified in Subtask IV-A. These
alternatives could include conveyance improvements such as channel clearing and/or lining or
increased pipe sizes, detention basins to reduce peak flows, new drainage pipes, etc. Facilities
comprising the alternatives will be designed at the conceptual level only.
Alternatives will be evaluated on the basis of:
• Safety considerations;
• Cost;
• Operation and maintenance requirements;
• Damage potential of adjacent properties;
• Environmental and construction constraints and impacts;
• Conformance with existing facilities;
• Ease of construction and implementation;
• Multiple-use opportunities;
i • Legal, liability issues; and
Y Erosion and sedimentation control.
Based on the evaluation of the alternatives using the criteria listed above, a recommended plan
for drainage improvements will be developed for each drainage basin. In general, these areas are
independent of each other. Thus, the City-wide recommended plan for drainage improvements
will be the collection of the recommended alternatives for each individual drainage basin. The
drainage basin improvement plans will include a description of each specific project, estimated
costs, and relative priority and schedule for construction.
I
Several additional guidelines will be used for assigning construction priorities for recommended
projects. These will include:
1. Problems occurring under existing conditions should be solved before those resulting
from future conditions.
2. Flooding problems associated with major creeks carrying offsite flows should be given
high priority. In general, these create the most significant public safety hazards.
3. Upstream facilities should not be constructed without an adequate outfall.
4. Project priority may be affected by the availability of funds (e.g. from developers or
other cost-sharing agencies) for specific facilities.
5. Relatively uniform protection should be provided for all areas of the City. Thus funds
should be distributed geographically.
6
TASK V. MAPPING
Map overlays will be developed digitally to make it possible for the City to integrate them into
the GIS system in the future and to allow for ease in use and making changes if necessary at later
dates. Each of the overlays developed as part of Subtasks V-B to V-E will be kept in separate
digital map layers to prevent inadvertent changes or confusion during the digitizing process and
when the digital maps are used in the future.
Subtask V-A. Base Maps
The base maps will be developed from the 1"=200' ortho photo base provided by the City.
Consultant will also provide digital base maps prepared from USGS quad maps, indicating road
and stream locations and names. These maps will be used in developing the overlays, but will
be included on the final map overlays only if approved by the City.
Subtask V-B. Drainage Subbasin Overlay
The drainage subbasin overlay will be digitized from the working maps used to delineate the
subbasins for Subtask III-A. Each subbasin and combination point will be identified on the
overlay.
Subtask V-C. Study Boundary Overlay
A study boundary overlay will be developed and digitized from the limits of the existing ortho
photo base obtained from the City.
Subtask V-D. Existing Facilities Overlay
The existing facilities, tabulated in Task II or obtained from City as-built drawings and previous
studies, will be placed or verified on working maps. These working maps will then be used to
digitize the facilities as an overlay to the base map. The overlay will have an identification tag
for each facility that will refer to the inventory tables in the report for a description of facility
parameters such as size, material, slope, etc.
Subtask V-E. Proposed Facilities Overlay
The proposed facilities will be developed as part of Task IV. These facilities will be placed on
working maps during the conceptual design phase and the working maps will be used to digitize
the proposed facilities overlay. Both the proposed and existing facilities overlays will be shown
on the maps printed with the final report so that their relationships can be easily verified.
7
TASK VI. UPDATE 1980 OTT/PACE STORMWATER STUDY
The Ott/Pace stormwater study has been used successfully by the City for nearly 12 years.
During that time many of the recommended facilities have been constructed. There are,
however, some facilities proposed in the Ott/Pace study that still need to be upgraded. The
subtask described below will determine the facilities, their costs, and the benefits and priorities
associated with each.
Subtask VI-A. Determine Incomplete Facilities
City as-built drawings from the Enterprise and Cascade areas of Redding will be checked against
the list of proposed facilities from the 1980 Stormwater Study to determine which of the
facilities have been constructed since the report was submitted, and which facilities are still
unconstructed.
Subtask VI-B. Cost Estimate
Cost estimates will be developed for each of the 1980 proposed and unconstructed facilities
using the same cost curves and spreadsheets utilized for new proposed facilities in Task V.
Subtask VI-C. Develop Benefit Area
In order to determine how the costs for the 1980 proposed and unconstructed facilities should be
assessed, it will be necessary to determine the benefit areas for the specified facilities. This
determination will be done through a benefits received and impact mitigation assessment. Thus
both areas protected from flooding by the proposed facilities and areas causing increased flood
flows may be placed in the benefit area.
Subtask VI-D. Develop Priority Schedule
The priorityschedule developed ed for this task will use the same criteria as those used in
development of the capital improvement program in Subtask IV-E. Because it will be developed
using the same criteria and methodologies, the priority schedule for 1980 proposed facilities will
be compatible with the capital improvement program for this study.
TASK VH. HYDRAULIC STUDY OF STREAMS
Hydraulic analysis using the HEC-2 computer model will include Canyon, Oregon Gulch, Upper
Clover, Boulder, Buckeye, Salt, Olney and Churn creeks. The total miles of streams to be
studied in this task has been estimated to be 40 miles. The cross section data and HEC-2 input
data are available for approximately 36 miles. For these reaches Consultant will make use of
this available HEC-2 data, along with the City topographic maps and structure and channel
information from the field survey, to prepare updated HEC-2 models. For reaches where cross
section data are not available, additional cross sections will be developed using the City
topographic maps in conjunction with data from the field survey.
8
Consultant will update existing FEMA HEC-2 model flood profiles using revised 100-year
hydrology from existing or ultimate land use HEC-1 models developed as part of this study.
The final result from of the hydraulic analysis will be a digitized floodplain boundary overlay
for the City's topographic maps. The floodplain boundaries will include floodplains for existing
and future flows developed as part of this study. The results from this study will be compared
with FEMA and discrepancies will be discussed in a technical memorandum.
TASK VIII. STORM DRAIN UTILITY FORMATION
Subtask VIII-A. Determine Operations and Maintenance Requirements
Consultant will use budget information obtained from the City coupled with cost estimates of
O&M costs associated with the inventoried storm drain system to determine budgetary
requirements. These requirements will be further broken down by drainage basin for use in
developing the appropriate utility charges.
Subtask VIII-B. Determine NPDES Requirements
The future NPDES requirements for storm drainage in the City of Redding will be determined
based on EPA regulations currently in force or proposed. Cost estimates for NPDES compliance
will be developed based on Consultant's recent experience. If possible, the NPDES requirements
will be estimated for each major drainage basin to help in development of the utility charges.
Implementation cost estimates from survey currently being conducted by Consultant for APWA
will be used in determining the NPDES requirements.
Subtask VIII-C. Develop Utility Charges
Utility charges will be developed based on O&M costs on a drainage basin basis so that charges
paid by individual landowners will be directly related to the actual costs for their drainage basin.
The charges for a given piece of property will also be tied to the percent of the property that is
impervious, based on general impervious area guidelines for land use designations in the City of
Redding.
Subtask VIII-D. Sample Utility Ordinance
Consultant will provide a sample utility ordinance for the City of Redding. Possible ordinances
to be used as examples for the City include the storm drain utility ordinances from the City of
Sacramento and the City of Palo Alto. The sample ordinance form and content will be
coordinated with City of Redding legal counsel.
Subtask VIII-E. Public Meeting
It is anticipated that there will be a demand for public involvement in the process of studying the
feasibility of implementing a storm drain utility. Consultant staff will prepare for and attend one
public meeting at which they will present the proposed storm drain utility ordinance and charge
9
structure. This meeting could be in the context of a scheduled City Council meeting or could be
a special public meeting set up specifically to discuss the storm drain utility feasibility study.
TASK IX. DRAFT REPORT
Consultant expects the draft report process to be interactive with the City to insure that the
format and content meet the City's needs and requirements. The report format will match that of
the existing storm drain studies as much as practical.
Subtask IX-A. Prepare Draft Outline
At least three weeks prior to the beginning of writing on the draft City-Wide Master Storm Drain
Study Report, Consultant will submit to the City a draft report outline for comments and
suggestions. This outline, as reviewed by the City, will help insure that the City's concerns will
be addressed in the report in a format that meets the City's requirements. An Executive
Summary will be provided as the first section in the report.
Subtask IX-B. Prepare Draft Report
After receiving approval on the report outline, Consultant will prepare a draft City-Wide Master
Storm Drain Study Report. This draft will contain the tables and figures planned for the final
report. Appendices will include HEC-1 model input and other data deemed appropriate. The
maps prepared for the draft report will be D size blueprints to be used for error checking and
correction. Five copies of the draft City-Wide Master Storm Drain Study Report will be
provided to the City.
TASK X. FINAL REPORT
i
Subtask X-A. Prepare Final Report
The comments received on the draft report will be carefully reviewed, discussed with the City
staff, and incorporated into the final City-Wide Master Storm Drain Study Report. The report
text will be prepared in Word Perfect 5.1 format on 3'/hinch diskettes and will be output in
camera-ready format. The report and maps (25 copies) will be printed and bound by
Consultant's print shop and delivered to the City in completed form. Maps will be prepared at a
scale of 1"=400' on B size (11 x 17) paper, and will be offset printed in two colors. A total of
150 copies of each of the maps will be printed. Twenty-five sets of the maps will be bound in
a separate volume from the rest of the report, the remainder of the maps will be delivered to the
City unbound. Additional bound copies of the report, requested by the City within a period of
one year from the delivery of the final report, will be provided at a cost of$15 per copy.
10
Subtask X-B. Prepare Other Deliverables
Other deliverables for this project include:
• Copies of digitized maps, overlays, and index sheet in Autocad DXF format on 3hinch
diskettes;
• Any original mylar maps developed as part of this project;
• External data files used in the hydraulics analysis on 31h inch diskettes; and
• Other data files in a format compatible with Lotus 1-2-3 software on 31h in diskettes.
TASK XI. PROJECT COORDINATION AND TECHNICAL REVIEW
Subtask XI-A. Progress Meetings
An initial meeting will be held with Consultant and City staff to establish lines of
communication and to refine and clarify any unclear points in the scope of work. In addition, up
to five monthly progress meetings will be held to enable Consultant to obtain maximum input
from the City, and to provide the means to track project progress, including budget and schedule.
Consultant will prepare for and attend one public information meeting. At this meeting
Consultant will present the results of the project and obtain public comments. This meeting
could be in the context of a City Council meeting, or could be a special public meeting held
specifically for this purpose.
Subtask XI-C. Training Session
A training session will be provided as part of this study to insure that the City staff that are
charged with using and interpreting the report and the associated maps and computer models
have a thorough understanding of their use. In particular, instruction will be provided in the use
of the HEC-1 hydrologic pre-processor that will be supplied to the City along with the HEC-1
models.
I
Subtask XI-D. Technical Review
Two in-house technical review meetings will be held by Consultant to review key project
assumptions and products. One review session will be held near the beginning of the project to
evaluate the proposed study plan, techniques, and assumption. The second technical review will
be held during the preparation of the draft report to help insure that project goals are being met.
I
I
I
' 11
I