HomeMy WebLinkAboutReso 91-380 - Approve & Authorize the mayor to sign the agreement for professional services dated 08/26/91 between COR and Boyle Engineering Corp for Flood Study of the Clover Creek RESOLUTION NO. 91-3-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT FOR PROFESSIONAL SERVICES DATED AUGUST 26,
1991, BETWEEN THE CITY OF REDDING AND BOYLE ENGINEERING
CORPORATION FOR A FLOOD STUDY OF THE CLOVER CREEK.
WHEREAS, in April 1990 the City Council awarded a contract
to Boyle Engineering Corporation to prepare a hydrology and
hydraulics study (Study) of Clover Creek, between Hartnell Avenue
and Hole-in-One Drive; and
WHEREAS, the Study determined the extent of flooding during
a 100-year storm event with a fully-developed watershed; and
WHEREAS, the results of the completed Study have been the
topic at several Planning Commission and City Council meetings;
and
WHEREAS, the Study did not consider the feasibility of off-
stream detention, and an additional study (Second Phase Study) is
necessary to determine the 100-year runoff from the watershed as
currently developed; and
WHEREAS, the Second Phase Study would then be used to ( 1)
compare the current 100-year runoff with the 100-year storm
runoff from a fully-developed watershed to quantify the size of
detention facilities; and ( 2) prepare a graph to show the amount
of storage required per acre of developed land; and
WHEREAS, the Second Phase Study could be used to provide
storm water conditions to be placed on developers within the
Clover Creek watershed; and f
l
�n
WHEREAS, in response to the City' s Request for Proposals for
the initial 1990 Study, which was sent to seven firms, Boyle
Engineering Corporation was the only firm to submit a proposal,
five firms responded "not interested, " and one firm' s proposal
was not responsive; and
WHEREAS, it is staff ' s recommendation that Boyle Engineering
Corporation, with their experience, knowledge, and background
work completed as part of the initial 1990 Study, would be the
best qualified firm to complete the Second Phase Study; and
WHEREAS, it has been proposed that the City enter into an
Agreement for Professional Services with Boyle Engineering
Corporation to prepare a Second Phase Flood Study of the Clover
Creek Area; and
WHEREAS, the City has collected approximately $80,000 as a
result of developments within this watershed to fund studies and
improvements to Clover Creek; and
WHEREAS, presented herewith for Council' s consideration is a
proposed Professional Services Agreement between the City and
Boyle Engineering Corporation;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1. The foregoing recitals are true and correct.
2 . Council believes entering into an Agreement for
Professional Services with Boyle Engineering Corporation for the
Second Phase Flood Study of the Clover Creek Area will benefit
the City.
3. Council hereby waives its Policy No. 1501 pertaining to
the selection of technical consultants inasmuch as Boyle
Engineering Corporation was the firm that completed the first
phase of the Clover Creek Study, and they are best qualified to
complete the second phase of the work. If another consulting
firm was selected to complete the Second Phase Study, they would
have to perform background work previously performed by Boyle,
thus making the costs higher.
4 . City Council hereby approves the Agreement for
Professional Services between the City of Redding and Boyle
Engineering Corporation for a "lump sum" fee of $16,800 .00, a
true copy of which is attached hereto and incorporated herein by
reference; and a Resolution transferring $20,000 for the cost of
the Second Phase Flood Study and contingencies.
5 . The Mayor of the City of Redding is hereby authorized
and directed to sign said Agreement on behalf of the City of
Redding; and the City Clerk is hereby authorized and directed to
attest the signature of the Mayor and to impress the official
seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 3rd day of September , 1991, and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, BuffLm, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST:.
ETHEL A. NICHOLS, City Clerk
RQ"PROVED:
RA*ALL A. HAYS, teity Attorney
3
X7 C�
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT,entered into at Sacramento, California
on the 26th day of Amt , 199 ..by and between City of Reddirxt, California
hereinafter called "Client,"
and BOYLE ENGINEERING CORPORATION, a California corporation, hereinafter called "Boyle," is as follows:
The Client engages Boyle to perform professional services for a project known and described as
Clover Creek Drainage Study Addendum
hereinafter called the "Project."
The Client and Boyle, for mutual consideration hereinafter set forth, agree as follows:
A. Boyle agrees to provide and perform certain professional services for Client upon the Project as follows:
Services to be provided as described in Exhibit "A", Scope of Services
B. Period in which services are to be rendered: as described in Exhibit "A", Scope
of Services.
C. Client's responsibility shall be as follows: as described in Exhibit "A", Scope
of Services.
D. Client agrees to pay Boyle as compensation for its services as follows: as described in
Exhibit "B", Project Fee.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms,
conditions, and provisions above stated, and on the reverse side hereof, the day and year first above written.
BOYLE ENGINEERING CORPORATION
(Boyle) P",J (Client)
131Y -U kN By
Robert, F.LYpL.BJg, P.E.
Title ManagingErigulber Title
S ARD PROVISIONS OF AGREEMENT
WOR PROFESSIONAL SERVICES .
The Client and Boyle agree that the following provisions snag be part of are made or intended in any of Boyle's proposals.contracts or reports.
their went. The Client agrees to defend. indemnify and hold Boyle,its consultants.
1. Neither the Client nor BOyIe Shag assign its interest in gliaagents. directors, officers and employees, harmless from any and ail
agreement without the written consent of the other. clam& damages. losses, expenses and liability, real or alleged. in
2. An agreements on Boyle s part are contingent upon.and connection with me performance of worts on this project.excepting liaodiry
Boyle shall not Ce responsible for damages or be in default.or ce,eemed caused by the sole negligence of Boyle.
to be in default.by reason of delays in performance by reason of strikes. 14. For services involving or relating to hazardous materials. t
lock-outs,accidents.acts of God and ower delays unavoidaole Or beyond is further agreed that the Client shall indemnity,defend and hold harmless
Boyles reasonable control.or due to shortages or unavailability of labor at Boyle and its consultants.agents.directors.officers and employees from
established area wage rate or delays caused by failure of Client orCwt's and against all claims, damages. losses and expenses. direct and
agents to furrnsh information or to approve or disapprove Boyle's worts indirect,and consequential damages.including but not limited to fees and
promptly. or due to late or stow. or faulty performance by Client,other charges of attorneys and court and artitraw)n costs, ansing out of or
con ractors.or governmental agencies.the performance ofwhosewatcts resulting from the performance of the worts by Boyle,or claims against
precedent to or concurrent with me performance of Boyles work.In the Boyle ansing from the work of others.related to hazardous materials. to
case of the happening of any such cause of decay.the time of complew the fullest extent permissible by law.regardless of any ac non or omission
shag be extended accordingly. (active.passive or comparative negligence included)on the part of Boyle.
3. In the event that any changes are made in the work The above indemnification provision extends to claims against Boyie
performed hereunder, by the Client or persons other than Boyle.which which arise out of.are related to,or are based upon,the actual.alleged or
affect Boyle's work. any and all liability ansrng out of such Changes is threatened discharge.dispersal,release,saturation or escape of po iut-
waived as against Boyle and the Client assumes full msoonsibilityforsuch ants, and any directive to test for, monitor, clean up, remove. contain.
changes unless Client has given Boyle prior nonce and has received from treat.detoxiy or neutralize pollutants."Pollutants-means any solid.liquid.
Boyle written consent for such changes. gaseous or thermal irritant or contaminant including smoke.vapor.soot.
4. Boyle is not responsible,and liability is-warved by Client as fumes.acids or alkalis,chemicals and waste.
against Boyle.for use by Client or any other person of any data.reports. .__ 15. It is further agreed that the Client shall indemnify and hold
plans or drawings not signed by Boyle. harmless Boyle and its consultants, agents, directors, officers and
5. Ag tracings.survey notes,and other original documents are employees from and against all claims.damages,losses and expenses.
instruments of service and shall remain the property of Boyle. except direct and indirect,and consequential damages.including but not limited
where by law or precedent these documents become public property. to fees and charges of attorneys and court and artHtration costs.ansing
6. Boyle's liability to the Client for injury or damage to persons out of or resulting from the performance of the work by Boyle.or claims
or property arising out of work performed for the Client and for which legal against Boyle arising from the work of others. related to asbestos
Iiabikly may be bund to rest upon Boyce,other than for professional errors activities,to the fullest extent permissible by law.regardless of any action
and omissions,will be limited to S 1.000.000.For any damage on account or omission(active,passive or comparative negligence included)on the
ot any erns,omission or other professional negligence Boyte's liability will part of Boyle."Asbestos activities"means any specification of,other use
be limited to a sum not to exceed 550.000 or Boyle's tee.whichever is of. or exposure to material or process containing asbestos. failure to
greater. detect the existence or proportion of asbestos in a product.material or
7. Fees and all other charges will be billed monthly as the work process and the performance or failure to perforin abatement,reolace-
progresses. and the net amount shall be due at the time of billing. meet or removal of a product,material or process containing asbestos.
8. Interest of 11x2% per month (but not exceeding the max- 16. in the event Client fails to pay Boyle within thirty(30)days
imurn rate allowable by law) will be payable on any amounts not paid after invoices are rondered. then Client agrees that Boyle snag have me
whit n 30 days of the billing date.payment thereafter to be applied fest to right to consider said default a total breach of this agreement and me
accrued interest and then to the principal unpaid amount.Any attorney's duties of Boyle under this agreement terminated upon five(5)days written
fees or other costs incurred in collecting any delinquent amount shall be notice.This agreement may be terminated by either Client or Boyle upon
paid by the Client. thirty(30)days written nonce in the event of substantial failure of the other
9. The Client shall pay the costs of checking and inspection Marty to perform in accordance with the terms of this agreement.Client
fees. zoning and annexation application fees. assessment fees. Sats expressly agrees to hold Boyle harmless from any liability ansing out of
erxpneenng fees.soils testing fees.aerial topography fees.and all otter Boyle's termination of its services hereunder due to Clients failure to
fees, permits. bond premiums. nne company charges. blueprints and perform and/or pay in accordance Hath the prowsws of this agreement.
reoroducnons.and all other charges not specifically covered by the terms In the event oftermination of mss agreement.Client shag then promorty pay
of this agreement. Boyle for all of the tees. charges and services performed by Boyle in
10. In the event all or any portion of the work prepared or accordance win me compensation arrangements under this agreement
partially prepared by Boyle is suspended.abandoned.or terminated.the or on an agreed hourly basis.
Cr'ient shall pay Boyle for the work performed on an hourly basis,not to 17. Should litigation be necessary to enforce any term or
exceed any maximum contract amount specified herein. provision of this agreement, or to collect any portion of the amount
11_ Any Opinion of the Construction Cost prepared by Boyle payable under this agreement.then ail litigation and collection expenses.
represents his judgment as a design professional and is supplied for the witness fees and court costs. and attorney's fees shall be pard to the
general guidance of the Client.Since Boyle has no control over the lost of prevailing party•
labor and material, or over compentive bidding or market cormstions. 18. Should any provision herein be found or deemed to be
Boyle does not guarantee me accuracy of such opunons as compared to invalid. this agreement shag be construed as not containing such
contractor bids or actual cost to the Client. provision,and all other provisions which are otherwise lawful shall remain
12. The Client agrees that in accordance with generally ac- in full force and effect,and to this end the provisions of this agreement are
cepted consm,,cnon practices, me construction contractor will be declared to be severable.
req u red to assume sole and complete responsibility for job site condi- 19. Services provided within this agreement are for the exclu-
bons during the course of construction of the protect,including safety of all sive use of the Client.
persons and property and that this requirement snail be made to appy 20. There are no understandings or agreements except as
continuously and not be limited to normal worung hours. herein expressly stated.
13. In the performance of its professional services.Boyle will 21. This agreement may be executed in one or more counter-
use that degree of care and skill ordinarily exercised under similar parts.each of which shall be deemed an original.but all of which togemer
Conditions in similar localities and no other warranties.express or implied, small constitute one and the same instnanent.
EXHIBIT "A"
SCOPE OF SERVICES
INTRODUCTION
The scope of services to be provided by Boyle for the Clover Creek Drainage Study Addendum
is presented in this exhibit. The work described below will be an addendum to the final Clover
Creek Drainage Study made by Boyle Engineering Corporation (Boyle) and submitted to the
City of Redding (City) in August 1990. In order to provide continuity between the August 1990
study and the present addendum the same basic information, computational procedures, and
analytic methods will be used to the extent possible.
ENGINEERING SERVICES
The scope of services to be provided by Boyle for the Clover Creek Drainage Study Addendum
have been organized into individual tasks which are described in detail in the following sections.
Task 1: 1990 Level Development Analysis
The August 1990 study assumed that the Cover Creek drainage basin was completely
developed as shown on the general plan map for ultimate development conditions. In this
addendum, Boyle will make one additional runoff study of the Clover Creek drainage basin to
analyze what would occur at a 1990 level of basin development. The following four items will be
included in the 1990 level analysis:
• Hydrology
• Hydraulics
• Floodplain Delineation
• Cost Estimates
The hydrology will be based on the 1990 level of the development which currently exists in the
Clover Creek Basin. The flood to be investigated will be the 100-year 24-hour storm event. The
U.S. Army Corps of Engineers HEC-1 computer program will be used to estimate peak flows at
a 1990 level of development.
Using the peak flow results determined in the hydrologic analysis above a hydraulic analysis,
using the U.S. Army Corps of Engineers HEC-2 computer program, will be performed using the
same criteria and cross-sections used in the August 1990 Clover Creek Drainage Study to
determine the flows along the creek and to define the floodplain limits for use in delineating the
floodplain boundaries for the current 1990 level of development.
The floodplain boundaries for a 1990 level of development will be delineated on reproduced
mylar copies of the ortho-photo basin maps which will be presented to the City at the
completion of the project.
Cost estimates, using the same criteria used in the August 1990 Cover Creek Drainage Study,
will be made to estimate the flood damage which would occur under the present 1990 level of
basin development.
Task 2: Evaluate Maximum Channel Capacity between Amigo Way and
Meadowview Drive
A special hydraulic evaluation will be made on the channel reach just north of Meadowview
Drive. This reach will begin at Amigo Way and will end at the upstream side of Meadowview
Drive. The analysis will assume the channel reach is concrete lined in order to estimate the
maximum possible conveyance to determine if there is adequate capacity to contain the 100-
year flood runoff at the current 1990 level of development.
Task 3: Detention Pond Analysis
The detention storage required to reduce flood runoff due to ultimate basin development will be
determined for the following three alternatives:
• Reduce the estimated runoff due to ultimate development of the basin to the
runoff estimated for a 1990 level of basin development.
• Reduce the estimated runoff due to ultimate development of the basin to 25%
below the runoff estimated for a 1990 level of basin development.
• Reduce the estimated runoff due to ultimate development of the basin to 50%
below the runoff estimated for a 1990 level of basin development.
The runoff due to ultimate development will be obtained from the results of Alternative 1 in the
August 1990 Clover Creek Drainage Study. This alternative assumed ultimate basin
development, as shown on the general plan map, and no improvement to the existing Clover
Creek channel. The runoff for the 1990 level of development will be obtained from the results of
the study described under Task 1 above.
After estimating the detention storage requirements for each subbasin, the most suitable sites
for the location of detention ponds will be generally identified and shown on a map of the study
area.
The impacts of using detention storage upstream will be evaluated to determine if storing flood
water to reduce peak flows will cause increased flood damage to downstream areas because of
longer flow durations. Included in this section will be a discussion of detention storage and
how it affects the peak and duration of flood runoff.
• •
Task 4: Prepare Report
Boyle will prepare two copies of a draft report for review by City staff. These reports will include
a complete set of floodplain maps as well as all tables and figures required for a clear
presentation of the report material. The City will return one copy of the report with all review
comments to Boyle. Upon receipt of the written review comments, Boyle will address the
comments and incorporate them into the final report. Fifty complete copies of the final report
will be presented to the City at the completion of the project. In addition to the final report, the
computer files developed for the 1990 level analysis will be provided on floppy diskettes and
mylar copies of the ortho-photo floodplain maps will be submitted. No oral presentation of the
study results will be made to the City.
CITY OF REDDING RESPONSIBILITIES
The City of Redding will be responsible for the following items:
• Any data to be obtained by field survey since this service has not been included
in the engineering services described above.
• All original data that was provided for the August 1990 study which includes, but
is not limited to:
• Ortho-photo maps of the study area with contour intervals of 1 to 2 feet at
a scale of 1:2400.
• A soils map of the study area showing SCS soil classifications.
• Intensity-Duration-Frequency precipitation data for a 24-hour 100-year
rainfall event.
• A general plan map showing land use classifications and boundaries for a 1990
level of development.
ESTIMATED PERIOD OF SERVICES
The services, which are estimated to require approximately 8 weeks to perform, will begin on or
about September 30, 1990 and end on or about November 29, 1990. The actual beginning and
ending dates will depend upon when the official notice-to-proceed is received and upon the
time required by the City to review the draft report.
EXHIBIT "B"
PROJECT FEE
The project as described in Exhibit W, Scope of Services, will be completed for a lump sum fee
of $16,800. Billing for the lump sum amount will be made upon submittal of the final report.
Additional services which may be requested by the City will be billed on a monthly basis for
time and materials at Boyle's standard rates as shown in Figure 1 and Figure 2.
SISIDARD HOURLY RATE SCHEDO
Boyle Engineering Corporation
Effective October 1, 1990
Engineers, Planners, Landscape Architects, Geologists, Scientists:
Assistant 1 $55.00 per hour
Assistant II $65.00 per hour
Associate $70.00 per hour
Senior 1 $85.00 per hour
Senior 11 $95.00 per hour
Principal $105.00 per hour
Construction Administration Personnel:
Resident Project Representative $68.00 per hour
Senior Resident Project Representative $78.00 per hour
Senior Resident Engineer $88.00 per hour
Technical Support Staff:
Clerical/Technical Typist $35.00 per hour
Drafter $38.00 per hour
Senior Drafter $44.00 per hour
Certified Engineering Technician/Designer $48.00 per hour
Paralegal $50.00 per hour
Senior Technician/Senior Designer $54.00 per hour
Programmer/Analyst $55.00 per hour
Designer Supervisor $68.00 per hour
Direct Project Expenses:
Photocopies -Color 8 x 10/11 x 17 $2.00/$5.00 per page
Photocopies-Black&White $ 0.15 per page
Long Distance Telephone $ 0.50 per minute
Plan Sheet Printing-In-house $1.00 per sheet
Travel -Automobile/Truck-Out of Town $ 0.35 per mile
Travel -Other Than Automobile Actual Cost + 15%
Subcontracted Services Actual Cost + 15%
Video Camera (per day or any portion thereof) $ 25.00 per day
Computer Services and Computer Aided Design See Seperate Schedule
If authorized by the client, an overtime premium multiplier of 1.5 will be applied to the billing rate of hourly
personnel who work overtime in order to meet a deadline which cannot be met during normal hours.
Applicable sales taxes, if any, will be added to these rates. Corporate officers and consulting engineers will be
billed at 1.2 times the stated rate for Principal. Invoices will be rendered monthly. Payment is due upon
presentation. A late payment finance charge of 1.5% per month (but not exceeding the"maximum rate
allowable by law) will be applied to any unpaid balance commencing 30 days after the date of the original
invoice.
Rates subject to general revision 10/1/91.
Figure 1
SI
STANDARD RATE SCHEDULE
COMPUTER SERVICES
Boyle Engineering Corporation
Effective September 1, 1989
Intergraph Computer-Aided Design and Drafting (CADD) System
Graphic Workstation (Dual Screen w/Large Digitizer Table) $19.00 per hour
Pen Plotter (HP 7585 B) $19.00 per hour
Terminal (CRT and Printer) $15.00 per hour
(Above rates include Intergraph Software)
Hewlett Packard HP 3000/925 Super Minicomputer System
Terminal, Printer or Plotter $20.00 per hour
Resource Charge-SURGE analysis $6.00 per min.
Prime 4150 Super Minicomputer and CADD System
Graphics Workstation (includes Medusa Graphics Software) $25.00 per hour
Terminal (CRT or Printer) $15.00 per hour
Pen Plotter (HP 7585 B) $20.00 per hour
Resource Charge-CEDS Civil Engr Design System Software $15.00 per hour
Electrostatic Plotter- HP 7600 $150.00 per hour
(Includes computer time to drive the plotter)
Microcomputers and CADD Systems
Word Processing System with Laser Printer $12.00 per hour
Engineering Computer System (AST 286, 386, 486) $17.00 per hour
Sun High-Speed Engineering Graphics Computer $29.00 per hour
(Includes Medusa Software)
Resource Charges for Microcomputers
Resource charges are in addition to the above rates and cover the use of special purpose software and extra
equipment such as pen plotters, high resolution monitors, and digitizers which are used with CADD software.
AutoCAD Computer Aided Design $5.00 per hour STAAD III -Structural Design $20.00 per hour
MicroStation (Intergraph) CADD $5.00 per hour Rand MICAS-Structural Design $20.00 per hour
Point Line Computer Aided Design $5.00 per hour AES HYDRO-Hydrologic Analysis$24.00 per hour
DAPPER - Electrical Design $37.50 per hour BoyleNet-Water Distrib Analysis $5.00 per hour
CAPTOR -Overcurrent Analysis $27.00 per hour KYPIPE -Water Distrib Analysis $10.00 per hour
Trane TRACE -HVAC Design $29.25 per hour BoyieCOGO-Coordinate Geometry$5.00 per hour
Carrier HVAC System Design $23.25 per hour BDTM -Digital Terrain Model $5.00 per hour
ROUTE IV-Drainage Design 4.50 per hour SWAN -San itary Sewer Analysis $10.00 per hour
GWFM -Groundwater Modeling $14.50 per hour CONTOURS-Contour Plotting $10.00 per hour
LEGAL HOLIDAY- Legal Descrip. $10.00 per hour LARSA-Structural Analysis $20.00 per hour
Other Notes
Charges for outside computer services will be billed at invoice cost plus twenty-five percent.
This rate schedule is subject to revision annually. New equipment categories and resource charges may be
added at any time.
Figure 2