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HomeMy WebLinkAboutReso. 1990-383 - Authorizing the mayor ro sign the "agreement for professional services" p i 411 RESOLUTION NO. 90 ' ,�5� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE "AGREEMENT FOR PROFESSIONAL SERVICES" BETWEEN THE CITY OF REDDING AND BOYLE ENGINEERING CORPORATION TO PREPARE THE PRELIMINARY DESIGN OF THE BUCKEYE WATER TREATMENT PLANT, IN THE AMOUNT SET FORTH BELOW. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the "Agreement for Professional Services" between the City of Redding and Boyle Engineering Corporation to prepare the preliminary design of the Buckeye Water Treatment Plant; that said contract not exceed $115 , 000 . 00 , being the fixed fee of $105, 000 . 00 plus $10 ,000 . 00 for contingencies and unforeseen additional work. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City Council of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. 3 . That a true copy of said Agreement is attached hereto and incorporated herein by reference . I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of 111 411 the City of Redding on the 7th day of Aug. , 1990 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS : Dahl , Fulton, Moss, Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS : Arness ABSTAIN: COUNCIL MEMBERS: None N.NCY B, UM, Ma ... City of/ 'edding ATTEST: ETHEL A. NICHOLS , City Clerk FORM PROVED: ,/ z RAN)ALL A. HAYS , City Attorney -2- •11, • Jam; 2C11.11e EncOwerrittry C AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into at ip on the day of , 19 by and between City of Redding, CA; a municipal corporation , hereinafter called "Client," and BOYLE ENGINEERING CORPORATION, a California corporation, hereinafter called "Boyle,"•isas follows: The Client engages Boyle to perform professional services for a project known and described as ii The Buckeye Water Treatment Plant , 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: As set forth in specific Task Orders to be issued by Client and accepted by Boyle. i B. Period in which services are to be rendered: As set forth in each Task Order. C. Client's responsibility shall be as follows: As set forth in each Task Order. D. Client agrees to pay Boyle as compensation for its services as follows: As set forth in each Task Order. E. Addendum "A" to this Agreement is attached hereto and incorporated herein as though set forth in full. 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) x/11 (Client) By f� V' By w Title M�C[�l�.[h.Xi (T I' Title I lli) • I' Addendum "A" to Agreement for Professional Services This is Addendum "A" to the Agreement for Professional Services dated I I 1990 ("Agreement") between the City of Redding, California, a Municipal Corporation, ("Client") and Boyle Engineering Corporation ("Boyle"). I I The following provisions are added to the Standard Provisions of Agreement. 22. Compensation and Method of Payment j! a. Payment will be based on accrued time and material for services performed under Task Orders with a not-to-exceed limit as set forth therein. 23. Changes a. The Client may, from time to time, request changes in the scope of the services of Boyle to be performed hereunder. Such changes, including any increase or decrease in the amount of Boyle's compensation, which are mutually agreed upon by and between the Client and Boyle, shall be incorporated in written amendments to this contract. 24. Termination of Contract for Cause a. if through any cause, Boyle fails to fulfill in a timely and proper manner its obligations under this contract or if Boyle violates any of the covenants, agreements, or stipulations of this contract, the Client shall thereupon have the right to terminate this contract by giving written notice to Boyle of such termination and specifying the effective date thereof at least five II1 days before the effective date of such termination. In such event, all finished documents and work papers prepared for the Client by Boyle become the Client's property, and Boyle shall be entitled to receive just and equitable compensation for any satisfactory work performed. 25. Conflict of Interest a. Boyle agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. Boyle further agrees that, 11 • • ii • . in the performance of the agreement, no person having any such interest j shall be employed. 26. Assignability a. Boyle shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the 11, prior written approval of the Client provided, however, that claims for money due or to become due to Boyle from the Client under this contract l may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Client. 27. Personnel a. Boyle represents that it has or will secure, at its own expense, all necessary personnel required to perform the services under this contract. 11 Such personnel shall not be employees of or have any contractual relationship with agencies providing funds for the project. 1. b. All of the service required hereinafter shall be performed by Boyle 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. c. Except as hereinabove agreed, no other portion of the services nor any right, title, or interest hereinunder this contract shall be assigned, transferred, conveyed, or subcontracted without the prior written approval of the Client. d. Any changes or substitutions in Boyle's personnel as set forth herein must be made known to the Client's project manager; and the Client's project manager shall execute a written approval before said change or substitution can become effective. 28. Boyle, 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 Client, and that it will not make any claim, demand, or application to, or for any right or privilege ,; , applicable to an officer or employee of the Client, including, but not limited to, workers' compensation coverage, unemployment insurance benefits, social security coverage or retirement membership credit. I� , it • • 29. Insurance a. Boyle shall procure and maintain during the entire period of performance under this agreement the following minimum insurance coverage: (1) Comprehensive General Liability Insurance - Two hundred and fifty thousand dollars ($250,000) combined single limits. (2) Automotive Liability Insurance - Two hundred and fifty thousand dollars •; , ($250,000) combined single limits. ' Prior to commencement of work, Boyle shall furnish to the Client a certificate of • insurance showing the above required insurance coverages are in effect and naming the !I Client, its agents, officers and employees as additional insureds. The certificate shall • guarantee the Client at least ten (10) days written notice of cancellation or reduction in j! . coverage. b. The Client requires evidence of workers' compensation insurance and it shall meet the minimum requirements of the California Labor Code. A certificate of insurance shall be furnished to the Client showing that the workers' compensation insurance I I' coverage is in effect and shall guarantee the Client at least ten • (10) days written notice of cancellation or reduction in coverage. G'. 30. Ownership, Publications, Reproductions, and Use a. All finished documents and materials prepared pursuant to this agreement are the property of the Client. The Client shall have the unrestricted authority 11!' to publish, disclose, distribute, and otherwise use, in whole or in part, any finished reports, data, or other materials prepared under this agreement. 31. Verbal Agreement or Conversation • a. No verbal agreement or conversation with any officer, agent, or employee of the Client, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, •i nor shall such verbal agreement or conversation entitle Boyle to any • additional payment whatsoever under the terms of this contract. • jl • • III • • 32. Force Majeure a. Boyle shall not be in default by reason of any failure to perform this , agreement in accordance with its terms (including any failure by Boyle 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 Boyle and its subconsultants. Such causes may include, but are not restricted or I I 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 Boyle and its subconsultants. 33. The Client will require that any Contractor performing work in connection with the II construction contract documents produced under this Agreement hold harmless, indemnify and defend Client, Boyle, their consultants, and each of , . their directors, officers, agents and employees from any and all liability, claims, losses, damage and costs, including attorney's fees, arising out of or alleged to arise from the Contractor's negligence in the performance of the work described in the construction contract documents, but not including liability that may be due to the sole negligence of the Client, Boyle, their directors, consultants, or their officers, agents and employees. The obligations of the Contractor under this article shall not extend to the liability of Boyle and its consultants, and each of their directors, officers, agents, and i employees arising out of or resulting from or in connection with the preparation Ior approval of maps, drawings, opinions, reports, surveys, designs or specifications, providing that the foregoing was the sole and exclusive cause of ", the loss, damage, or injury. I I'. The Client will require the Contractor to provide workers' compensation and comprehensive general liability insurance, including completed operations and ; contractual liability, with the latter coverage sufficient to insure the Contractor's II I I I I • • indemnity, as above required; and such insurance shall include the Client, Boyle, their consultants, and each of their directors, officers, agents and employees as Ij additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of the insurance provided under this article shall not be reduced or prorated by the existence of such other insurance. Within five (5) working days of Client's receipt of the fully executed construction contract documents, the Client agrees to forward to Boyle a complete certified copy of the same. The documents copied to Boyle will include, but not be limited to, the executed agreement, bonds, and all required insurance certificates ii and endorsements. The Client agrees that in accordance with generally accepted construction practices, Contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safetyof allpersons and roe and that this requirement shall be made to property dY q apply continuously and not be limited to normal working hours. II. The following are modifications to the Standard Provisions of Agreement. 1. Delete Paragraph 5 from the Standard Provisions. Replace it with the following: "Any use of completed documents for other projects, or any use of uncompleted documents, shall be at the sole risk of the Client and without liability or legal exposure to Boyle, and the Client shall hold harmless, indemnify, and defend Boyle from any and all claims, damages, losses or expenses arising from any ii such use." j�. 2. In Paragraph 13 of the Standard Provisions, delete the second sentence and replace it with the following: "Notwithstanding anything in this Agreement to the contrary, in the event any damage, liability, losses, expenses or costs, including attorney's fees, is the I I'!. • • r' result of a negligent act, error, or omission of any Party to this Agreement, or any person employed by them, and arises out of the performance of this Agreement and/or the contract(s) with the owner, said Party shall indemnify, defend and hold the other Party harmless therefrom." Ii il. 6'ci • • TASK ORDER NO. 1 CUENT: City of Redding 1. CONSULTANT: Boyle Engineering Corporation DATE ISSUED: li . ISSUED PURSUANT TO AGREEMENT DATED: II, PROJECT IDENTIFICATION: Buckeye Water Treatment Plant Preliminary Design Report DESCRIPTION OF SERVICES, FEE AND SCHEDULE: I, Description of Services, and Consultant Fee, See Exhibit A Schedule, See Exhibit B Rate Schedule, See Exhibit C I � DATE: AjG.l t996 BY: alyfjc I I I I''• TITLE DATE_ BY: TITLE III 11 • i • • • ill • I I. EXHIBIT A SCOPE OF WORK I[ Preliminary Design Report Task la Review and Examine Turnout Structure Bureau of Reclamation (Bureau) drawings identify a 48-inch blind flanged turnout from the 17- I foot-diameter Spring Creek Power Conduit near the proposed location, Buckeye Water III Treatment Plant. An 18-inch valved blowoff heads easterly from the 48-inch turnout. We further iunderstand that a 12-inch line, not shown, supplies water to the Shasta Community Services I, District. The Bureau has a 200 foot easement, 100 feet each side of the conduit, in the vicinity of Benson Drive and heading easterly, which connects with Bureau lands. I Boyle will determine approximate locations of existing facilities including conduit, turnouts, supply lines to other agencies both existing and contemplated, drains, easements, and Bureau property lines near the proposed treatment plant location discussed above. Boyle will gather available information from the appropriate agencies and will be entitled to rely 1 upon the completeness and accuracy of such information without independent review. I'i II' Task 1 b Review Raw Water Supply Quality& Perform Watershed Sanitary Study I I Water system records accumulated by the Shasta Community Services District over a period of I'. years and made available to us identify raw water turbidity, chemical dosages, and finished water turbidities. It is assumed that complete raw water analyses are also available. If not, then ; samples will need to be provided to a testing laboratory for analysis. A Watershed Sanitary Survey will be performed in accordance with Article 7 of the proposed Surface Water Treatment Regulations, Title 22, Chapter 17. The survey and report shall include physical and hydrogeological description of the watershed, a summary of source water quality monitoring data, a description of activities and sources of contamination, a description of watershed control and management practices, an evaluation of the system's ability to meet I. requirements of this chapter, and recommendations for corrective actions. Ii I!I l • • 11 Task 1 c Develop Water Quality Goals Existing state water quality standards will be identified. Those proposed, as far as possible, will also be identified. Goals for finished water quality from the proposed treatment plant will be developed. Task 1d Conduct Preliminary Site Investigations 1I„ �II Our subconsultants include local firms experienced in surveys, geological, and corrosion I�I analyses. Bureau lands and easements in the vicinity of the proposed plant site will be identified. Aerial surveys with necessary ground control and photogrammetry will be authorized. Existing improvements, drainage channels, and local conditions will be identified. Preliminary geological work will include six to eight backhoe test pits and seismic refraction traverses to evaluate excavation conditions. Limited laboratory testing will be completed to evaluate strength, classification, compressibility, and permeability. Corrosion studies will !I involve testing soils samples, making corrosivity and resistivity tests and submitting a report with recommendations. More geological work as well as survey work will be performed during the design phase of the work. 1. Task le Evaluate Raw/Treated Water Storage The possible value of providing on-site raw storage in conjunction with a hydroelectric generating station and supply to the proposed water treatment plant will be identified. The 1 most cost effective as well as most hydraulically feasible location for treated water storage will also be identified. Recommendations will be made for sizing and type of construction for both raw and treated water storage. { Task 1g Evaluate Hydroelectric Plant A cursory evaluation of the proposed hydroelectric plant will be made. The hydroelectric plant is intended to be a secondary facility to recapture any energy which may be available in the system after development of the required treatment facilities. Therefore, optimization of the treatment plant configuration and operation will take precedence over any proposed hydroelectric facility. The purpose of this evaluation, then, will be to assess any effects of the hydroelectric plant on the location and operation of the water treatment facilities. Based on this cursory review, the following recommendations will be made: • A range of head & flow, installed capacity, and major equipment and powerline requirements (for completing the preliminary permit, Task 1i). I''' • Location of the hydroelectric plant relative to the treatment plant facilities. • Hydraulic head available for appropriate water treatment plant operation. Task 1 h Evaluate Transmission Pipeline The transmission pipeline from the Buckeye Water Treatment Plant to the existing water system at Quartz Hill Drive identified in the 1989 Water Master Plan update will be evaluated. The- it ii • • II• pipeline route will be evaluated for constructability, hydraulic capacity, routing with respect to right-of-way, and interconnection to the existing water system. Two meetings will be held with the Bureau concerning the pipeline size, alignment, location, and method of anchorage to the Keswick Dam. Preliminary plans will be submitted for Bureau approval. These approved plans will be used for the final design. The need for pressure regulating valves at the connection point to the existing Client's water '11 system at Quartz Hill Road will be examined. The hydraulic grade line of the Buckeye water ,'; supply pipeline may, at times, have excessive pressure for the existing water system. A pressure reducing valve may be required at this location. The need for this valve will be examined. The transmission pipeline will be examined for water hammer using Boyle's SURGE computer program. The results of the study will be used to recommend surge suppression for the iii pipeline, if it is required. Preliminary geological work will include examining exposed road cuts along the proposed pipeline alignment and random field checks will be made of geological conditions along the pipeline route. Limited laboratory testing will be compiled to evaluate strength, classification, compressibility, and permeability. Sample will be tested by the corrosion consultant. Soils resistivity tests will be made and recommendations submitted. Task 1 i Hydroelectric Project Permitting A preliminary permit application will be prepared for the proposed hydroelectric facility and will be submitted to the Federal Energy Regulatory Commission (FERC). This should give the Client exclusive rights to the project site for hydroelectric licensing and development for a period of 36 months. Task 1j Program Meetings With City Staff, Others Boyle will attend up to five meetings to be held during the period of preparation of the preliminary design report. Meetings will be held with Client's staff, State Department of Health Services, Bureau of Reclamation, the environmental consultant, and other appropriate entities regarding facets of the design. Task 1k Prepare Preliminary Cost Estimate A preliminary cost estimate will be prepared of the viable alternatives and facilities identified above_ An economic sensitivity analysis will be conducted to tailor the maximum improvements for the Client. Total probable design and construction costs will be estimated. Task 11 Submit Draft of Preliminary Design Report Boyle proposes to review the aspects of the project with Client's staff during the progress review meetings and prior to the completion of the draft report and to incorporate Client's comments into the draft. Boyle will accompany Client's representatives and meet with the Department of Health Services to obtain their review comments. Twenty copies of the draft- li L, 1,1 11 I • • report will be provided for the Client's use. A rendering of the water treatment plant facility will accompany the draft preliminary design report. Task 1 m Submit Final Design Report IIp Review comments will be included in the final Design Report and then reviewed for completeness with the Client's staff. Upon the Client's approval, 30 copies of the final approved report will be provided as requested. Task 1 n Submit Final Design Report Review comments will be included in the final Design Report and then reviewed, for completeness with the Client's staff. Upon the Client's approval, 30 copies of the final approved report will be provided as requested. ,r . Consultant Fee The Consultant's fee for the engineering services to perform all tasks described herein under Task Order No. 1 will be based on accrued time and materials in accordance with Boyle's Rate I 1 ' Schedule with a not-to-exceed amount of$105,000. 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I.; :11!I II ',ill - • • EXHIBIT C HOURLY RATE SCHEDULE Boyle Engineering Corporation Effective March 1, 1990 Engineers, Planners, Landscape Architects, Geologists, Scientists: Principal $95.00 per hour Senior $83.00 per hour Associate I $59.00 per hour Assistant II $52.00 per hour Assistant I $46.00 per hour Construction Administration Personnel: Senior Resident Engineer $72.00 per hour Senior Resident Project Representative $59.00 per hour Resident Project Representative $48.00 per hour Technical Support Staff: Designer Supervisor $65.00 per hour Senior Technician/Senior Designer $51.00 per hour Certified Engineering Technician/Designer $42.00 per hour Senior Drafter $37.00 per hour Drafter $29.00 per hour Clerical/Technical Typist' /T YP $29.00 per hour I I, Programmer/Analyst $52.00 per hour Paralegal $46.00 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 Reverse Side 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 9/1/90. 1 of 2 ii , 1 - 6 i 11 RATE SCHEDULE I COMPUTER SERVICES Boyle Engineering Corporation Effective August 1, 1989 Intergraph Computer-Aided Design and Drafting (CADD) System Our Intergraph CADD system utilizes a Digital Equipment Corporation VAX 11/751 computer with 4 megabytes of main memory, 919 megabytes of disk memory, floating point accelerator, cache memory, magnetic tape, and a high speed pen plotter. Graphics workstations have dual 19-inch high-resolution screens, digitizer table, and menu tablet. Unit charges for equipment are as follows: Graphic Workstation $21.50 per hour Pen Plotter $21.50 per hour Terminal (CRT and Printer) $16.50 per hour Microcomputers and CADD Systems i Microcomputers include the IBM PC/XT, IBM PC/AT, AST Premium 286 and 386,and other similar equipment. Charges are based on an hourly rate for the computer and standard software plus a resource charge for i;Ilj special applications software, and special equipment such as plotters and high resolution monitors. iC! Word Processing System with Laser Printer $12.00 per hour Engineering Computer System and Standard Software $16.50 per hour Iii ''' Resource Charge: I, AutoCAD Computer Aided Design $5.00 per hour STAAD III -Structural Design $7.50 per hour 1111 MicroStation (Intergraph) CADD $5.00 per hour Rand MICAS-Structural Design $7.50 per hour Point Lane 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 l' Trane TRACE-HVAC Design $29.25 per hour BoyleCOGO -Coordinate Geometry$5.00 per hour ! Carrier HVAC System Design $23.25 per hour BDTM - Digital Terrain Model $5.00 per hour IROUTE IV-Drainage Design 4.50 per hour SWAN -Sanitary Sewer Analysis $10.00 per hour I: GWFM -Groundwater Modeling $14.50 per hour CONTOURS -Contour Plotting $10.00 per hour I HP 3000/925 Computer System The Hewlett Packard HP 3000/925 computer has 32 megabytes of main memory, 1.2 gigabytes of disk I1I memory, a 600 line-per-minute upper-lowercase printer, 8 laser printers, magnetic tape and four drum plotters. i' Seventy-two terminals are connected directly or via telephone lines. Unit charges are as follows: Elapsed Time (terminal, printer, plotter) $21.50 per hour I!„ I! Charges for outside computer services will be billed at invoice cost plus twenty-five percent. This rate schedule is subject to revision annually. i1 II I 2 of 2 1''il i' I II!