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HomeMy WebLinkAboutReso 92-250 - Approve the authorization for Professional Services dated 05/28/92 between COR & North State Resources, Inc for Viking Rd Biological Survey Project 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AUTHORIZATION FOR PROFESSIONAL SERVICES DATED MAY 28, 1992, BETWEEN THE CITY OF REDDING AND NORTH STATE RESOURCES, INC. FOR THE VIKING ROAD BIOLOGICAL SURVEY PROJECT, NOT TO EXCEED $5,000.00, AND AUTHORIZING THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY. 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 above-mentioned Authorization for Professional Services between the City of Redding and North State Resources, Inc. , not to exceed $5,000.00, a true copy of which is attached hereto and incorporated herein by reference. 2. That the City Manager of the City of Redding is hereby authorized and directed to sign said Authorization for Professional Services on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the City Manager 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 2nd day of June, 1992, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe & Moss NOES: COUNCIL MEMBERS: Arness ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None CHARLIE MOSS, M yor City of Redding N A ST: FOR APPROVED: ra CONNIE STROHMAYER, Cjyy Clerk RANDALL A. HA , City Attorney Authori ion Page 1 of 3 NORTH STATE RESOURCES, Inc. 5000 Bechelli Lane, Suite B-1 Redding, CA 96002 (916) 222-5347 AUTHORIZATION FOR PROFESSIONAL SERVICES Contract Date: May 28, 1992 This agreement provides authorization for professional services to commence by and between: Name/Title: Department of General Services Firm: City of Redding Mailing Address: 760 Park View Avenue Street Address: Redding, CA 96001 Telephone: 225-4020 FAX: hereinafter called the CLIENT and North State Resources, Inc. hereinafter called NSR, on the date shown above. The work to be performed regarding the engagement of professional services is described with the following title: Viking Road Biological Survey and herein after called the PROJECT. The CLIENT and NSR for mutual consideration herein after set forth, agree as follows: NSR agrees to perform the following Scope of Services: Complete an inventory of special status species, consult with the Corps of Engineers and the California Department of Fish and Game, and provide other permitting assistance as described in NSR correspondence to Mr. Doug DeMallie dated 28 May 1992 . NSR will be compensated by the CLIENT for services on a time and materials basis. Total costs are not to exceed $5, 000. 00 without authorization. A Schedule of Fees for NSR is attached as Authorization Page 3 . NSR shall submit invoices to CLIENT which itemize the services and costs associated with the work performed. CLIENT agrees to reimburse NSR upon receipt of invoice. By MUTUAL CONSENT, the parties hereto have accepted, made, and executed this agreement upon the terms and conditions stated above, and the Contract Date written above. This document must be signed by an authorized representa- tive. CLIENT: NORTH S A RESOURCES, Inc. By: By: Name: Nam a Kuh Title: Titles President Date: Date: (For Acct Use Only) Verbal to proceed as of Project Number: 1000. 206 the Contract Date: NNC Code (Y/N) : Y Authorization Page 2 of 3 1. AUTHORIZATION TO PROCEED - Signing this form shall be construed as authorization by CLIENT for NSR to proceed with j the work, unless otherwise provided for in the Authorization. 2. SALARY COST - NSR's Salary Costs shall be the amount of salaries paid to NSR employees for work performed on CLIENT's project plus a stipulated percentage of such salaries to cover all payroll related taxes, payments, premiums, and benefits. 3. STANDARD FEES - NSR's Standard Fees are those fees published by NSR's office, which are charged for work performed on CLIENT's project by NSR employees of the indicated classifications. These rates are subject to change when annual employee raises take effect. 4. DIRECT EXPENSES - NSR's Direct Expense shall be those costs incurred on or directly for the CLIENT's project, including but not limited to, necessary transportation costs including mileage at NSR's current rates for automobile usage; meals and lodging; laboratory tests and analyses; equipment; computer service; word processing equipment; telephone; printing and binding charges; and editing. Reimbursement for these expenses shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by NSR. 5. OUTSIDE SERVICES - When technical or professional services are furnished by an outside source, an additional 10 percent shall be added to the cost of these services for NSR's administration costs. b. SOIL CONDITIONS - NSR makes no representations concerning soil conditions unless specifically included, in writing, in this agreement, and is not responsible for any liability that may arise out of the making or failure to make soil surveys, or subsurface soil tests, or general soil tests. 7. PROFESSIONAL STANDARDS - NSR shall be responsible for the professional and technical soundness, accuracy, and adequacy of other work and materials furnished under this Authorization, to the level of competency presently maintained by other practicing professionals in the same type of work in NSR's community. NSR makes no other warranty, express or implied. 8. TERMINATION - Either CLIENT or NSR may terminate this Authorization by giving 30 days written notice to the other party. In such event, CLIENT shall forthwith pay NSR in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization NSR reserves the right to stop work without 30 days written notice, if payment schedules are not met or any unpaid fees become delinquent. 9. ARBITRATION - All claims, disputes, and other matters in questions arising out of, or thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association. Either CLIENT or NSR may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to, this Authorization may include, by consolidation, joinder, or in any other manner, any additional party not a party to this Authorization. 10. LEGAL EXPENSE - In the event legal action or arbitration is brought by CLIENT or NSR against the other to enforce any of the obligations hereunder, or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for attorneys or arbitrators fees, witness fees, costs, and such expenses as may be set by the court having jurisdiction over the matter by the arbitrator. 11. INDEMNITY - The CLIENT shall hold harmless, indemnify, and defend NSR and its consultants, and each of their officers, employees, and agents, from any and all liability claims, losses, damages, and expenses including attorney's fees and court cost arising or alleged to arise from or during the performance of the work described herein, provided that such losses or damages are not proximately caused by the negligence or willful misconduct of a party indemnified hereunder. 12. LIABILITY - The CLIENT agrees to limit NSR's liability to the CLIENT and to all construction Contractors and Subcontractors on the project-, due to NSR's negligent acts, errors, or omissions, such that NSR's total aggregate Liability to all those named shall no exceed the total fee for services rendered on this project. 13. VENUE - This Authorization is to be governed by the laws of NSR's principal place of business. 14. PAYMENT OF INVOICES OR FEE - Invoices are due upon presentation. If payment by CLIENT of any amount due NSR under this Authorization is not made within 30 days, finance charges shall be computed from the date of the invoice at the annual rate of 21 percent, and shall be added to the unpaid balance. There is a $5.00 minimum finance charge per month on the unpaid balance. 15. OWNERSHIP - All original papers, documents, drawings, and other work produced by NSR and copies thereof, produced by NSR pursuant to this Agreement, except documents which are required to be filed with public agencies; remain the property of NSR and may be used by NSR without consent of CLIENT. Authorization Page 3 of 3 North State Resources INC. STANDARD SCHEDULE OF FEES (Effective January 1, 1992) Labor Category Hourly Rate Senior Scientist $ 65. 00 Junior Scientist $ 35. 00 Administrative Assistant $ 20. 00 Direct Expenses Rate 2-Wheel Drive Vehicles $ 0.25/mile 4-Wheel Drive Vehicles $ 0. 34/mile Facsimile $ 1. 10/page Airfare, Lodging, Meals Cost plus 10% Other Direct Expenses Cost plus 10% Remarks: Hourly labor rates include raw salary, labor overhead, general and administrative overhead, and profit. Hourly rates are subject to change when annual employee raises become effective. Please acknowledge below: Client: NSR: 5000 Bechelli, Suite 204 916.222.5347 Redding, California 96002 FAX 916.222.4958 North State Resources INC. 28 May 1992 Mr. Doug DeMallie City of Redding Planning Department 760 Park View Avenue Redding, CA 96001 SUBJECT: Proposed Redding Solid Waste Transfer Station/Recycling Facility Project Dear Doug: NORTH STATE RESOURCES, Inc. (NSR) is pleased to submit for your consideration the following proposed Scope of Services and Cost Estimate to prepare an inventory of special status species, consult with the Army Corps of Engineers and the California Department of Fish and Game, and provide other technical assistance on matters relating to Section 404 permitting for the Redding Solid Waste Transfer Station/Recycling Facility Project. The NSR proposal is based on our knowledge of the biological characteristics of the Viking Road site; our conversation identifying the topics to be addressed by NSR; and our experience in assisting in permitting similar projects in the Redding area. The NSR proposal is also based on the City's stated intention to avoid discharge of fill into more than 0.95 acre of federal jurisdictional waters; on the assumption that proposed discharges will be permitted under one or more Nationwide Permits without pre- discharge notification and without compensatory mitigation; and on the assumption that a Section 404 (b) (1) Alternative Analysis will be limited to comparison of alternative project configurations at the Viking Road site. Other assumptions that form the basis of this proposal are: o The inventory of special status animals will be based on information available in the California Natural Diversity Data Base and on vegetation characteristics of the site. Other than characterization of local habitat types, no field work will be conducted to determine the presence or absence of animal species. Special status invertebrate species are excluded from this proposed Scope. o The City of Redding will provide up to sixteen (10) hours of drafting services at no cost to NSR. o Client and agency consultation will not exceed twelve (4) hours. 5000 Bechelli, Suite 204 916.222.5347 Redding, California 96002 FAX 916.222.4958 28 May 1992 Page 2 Mr. Doug DeMallie All work will be completed in accordance with guidance provided by the Corps of Engineers. NORTH STATE RESOURCES, Inc. proposes the following allocation of labor-hours and costs to the tasks which make up the scope of services: o Obtain Written Verification of the Pre-Jurisdictional Delineation for the Viking Road Site - Labor: 0 hours (to be completed at no cost to the City of Redding) . Cost: No Charge. o Calculate Area of Fill To Be Discharged for Three Configurations at the Viking Road Site - Labor: 4 hours. Cost: $260.00.- 0 260.00.o Section 404 (b) (1) Alternatives Analysis - Labor: 24 hours (includes analysis of alternative configurations at the Viking Road site, integration of this information into existing environmental documents) . Cost: $1560. 00. i o Inventory of Special Status Species - Labor: 45 hours (includes review of Natural Diversity Data Base for Federal and State-listed plants and animals; two field trips to complete the site-specific floristic survey; summary report) . Cost: $1800. 00. o Direct Expenses - Cost: $1380. 00 NORTH STATE RESOURCES proposes to complete the above-referenced tasks on a time-and-materials basis for a cost not to exceed $5, 000.00 without authorization. Of this total, $3, 620. 00 are allocated to direct labor; the remainder, $1, 380.00 are allocated to direct expenses including aerial photography, mileage, and other project costs. A current fee schedule is attached. Note that preparation of a mitigation plan, analysis of project impacts on water quality (aside from impacts caused by discharge of fill) , and other special studies that may be required for actual permitting are excluded from this Scope of Services. NSR will initiate work your upon receipt of p p y r a uthorization to proceed. As we discussed in our telephone conversations, the tasks will be completed in the order they are presented above. Much of the work described may be unnecessary if the City elects to avoid discharge of fill to more than one acre of jurisdictional waters. In that case, the cost to complete the work elements required for permitting are estimated to be approximately $ 5, 000. 00. NSR will complete all work within eight weeks of authorization. Up to three months following submittal of the mitigation plan should be allocated to agency review. s 28 May 1992 Page 3 Mr. Doug DeMallie Thank you for your consideration of NORTH STATE RESOURCES, Inc. proposal. We look forward to this opportunity to work with the City of Redding. Of course, don't hesitate to contact me if you have questions on any element of this proposal. Sincerely, Timothy A. Reilly Senior Environmental Scientist Enclosure: Fee Schedule (1992)