HomeMy WebLinkAboutReso 91-119 - Approve agreement between COR & North State Resources, Inc for the Environmental Assessment of the Buckeye Water Treatement Plant � r •
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND
NORTH STATE RESOURCES, INC. FOR THE ENVIRONMENTAL ASSESSMENT
j OF THE BUCKEYE WATER TREATMENT PLANT, AND AUTHORIZING THE
MAYOR TO SIGN SAME.
BE IT 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 attached Agreement between the City of Redding and
North State Resources, Inc. for the environmental assessment of
the Buckeye Water Treatment Plants and
I 2. That the Mayor of the City of Redding is hereby
authorized and directed to sign all necessary documents 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 on the aforesaid
Agreement, when appropriate.
3 . That a true copy of said Agreement is attached hereto
and .incorporated herein by reference.
I HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 19th day of March , 1991 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Buf
ABSTAIN: COUNCIL MEMBERS: one
MIKE DAHL, Vice Mayor
City of Redding
ATTEST: FORM PROVED:
e
HAY
ETHEL A. NICHOLS, City Clerk RA DALL A. ity Attorney
Authoriza Page 1 of 7
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NORTH STATE RESOURCES , Inc .
5000 Bechelli Lane , Suite B-1
Redding , CA 96002
( 916 ) 222-5347
i AUTHORIZATION FOR PROFESSIONAL SERVICES
Contract Date :
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This agreement provides authorization for professional services to commence
by and between :
Name/Title: City of Redding —
Department : Department of Public Works
Address : 760 Parkview Avenue
Redding , California 96001
Telephone : (916 ) 225-4435
hereinafter called the CLIENT and North State Resources , Inc . hereinafter
called NSR, on the date shown above . The work to be performed regarding
I the engagement of professional services is described with the following
title : Environmental Assessment for the Buckeye Water Treatment Plant
Project and hereinafter called the PROJECT.
The CLIENT and NSR for mutual consideration herein after set forth, agree
as follows :
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NSR agrees to perform the following Scope of Services : Refer to Attachment
A - Scope of Services and Attachment B - Proposed Schedule of Work .
NSR will be compensated by the CLIENT for services on a time and materials
basis Professional services (direct labor ) are not to exceed $ 9 , 000 . 00
without written authorization . Direct expenses are not to exceed $ 500 00
without written 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 within
30 days of 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 STATE RESOURCES , Inc .
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By:
B y: �
Name : Name : La Kuh
Title : Title : Pro 'ect Mana er
Date : Date:
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( For Accounting Use Only)
Verbal to proceed as of Project Number : 1000 . 52
the Contract Date :_N/A NNC Code (Y/N ) : Yes
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Authorization Page 2 of 7
1. AUTBORIZATION TO PROCIID - Sign ng this fore shall be construed as authorization by CUBIT for NSB to
proc�ee with e work, unless ot�erwise provided for in the Authorization.
2. SALARY COST - KSR's Salary Coots shall be the amount of salaries paid to NSR employees for work performed
nbCLIENT'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
per orme on LIENT's project by NSR em loyee of the indicated classifications. These rates are subjectto change when annual employee raises take etsfeet.
4. DIRECT EXPIRS83 - NSR's Direct Expense shall be those costs incurred oq or directly for the CLIRNT's
project, inc u n, but not lim ted to ecess ry transportation cqsts nc uding mileage at NSR's current
ratis for automo�i,e use e, meal and f ging; �aboratoy tests and analyses, a uipment; computer service;
wore processing equipment telephone; printing and binPing charges; and edlt'n�. Reimbu sement f r then?g
expe res shall be pn the basis of actual charges when furnished by commercial sources ano on the naris of
usual commercial charges when furnished by NSR.
5. OUTSIDE SERVICES - When technical or ofessional services are furnished by an outside source, an
additionalpercent shall be added to pt�e cost of these services for NSR's administration costs.
6. SOIL CONDITIONS - NSR makes no re resentations co, eerning soil conditions unless specifically included,
in writing, in his agreement, andpis not responsible for any liabil�ty that may arise out of the making
or failure to make soil surveys, or subsurface soi tests, or genera soil tests.
7. PROFB 3I0NAL STANDARDS - NSR shall be. resp nsible for the rofessional and technical sound pes , accuracy,
an a eguacy o o er work and materials ?urnished under M s Authorization, to ,the level ors cgs
petency
presently maintained by other practicing professionals in the same type of work in NSR s community. NS
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makes no other warranty, express or implied.
8. TERMINATION - Either CLIENT or NSB may terminate this Authorizatign by giving 30 days written notice to
etltieoother pArty. In suet' event, CLIENT shall forthwith ay NSR In ful1l for,all work previously author fed
dna pebrf,ormed trlor to effective date of terminati4n Il no notice of termination is given, relationships
ani o ligatioQs create by this Authorizationshallbe terminate Qs upon complet'oq of all applicable
1 paymenttscfledu�es arehnotLmetOor any unpai eesebecome delinquent?$ without 3� days written notice,
9. 4RBITR6tION - All claims, disputes, and other matters in questions arising out of, or thereof ma be
decidedy arbitration in accordance with the rules of the America Arbitration Association. Bit er M ENT
gr HE pa initiate a request for such arbitration, but consent out the other party to such procedure shall
e mandatory. No arbitration arising out of, or relatin to, this Authorization may include, by
consolidation, joinder, or in any other aanner, any additional party not a party to this Authorization
10. LICAL EYPINSE - In the event legal action or arbitration is brought by CLIENT or NSR against the other to
nAnforce an o the obligations hereuna r, or arising out, of an dispute concerq ng the term$$ and conditions
he eby creatgd, the .losing party shall pay the prevailing party such reasonable amounts for attorneys or
aruitrators tees witness fees costs, and such expenses as may be set by the court having jurisdiction
over the matter ty the arbitrator.
ll. INDEMNITY - The CLIENT shall hold harmless, indemn fp and defend NSB and its con ultants, and each of
eit�t oT-icers, emplo ees, and agents, from any an,i all liability claims, losses, damages, and expenses
{ inciu ing attorney s fees and court cost arising or alleged to arise from or during the performance of the
wor cti ed hetuin, Arovi ed ths,t such to s s or ddamages are not proximately caused by the negligence
or wi ltul misconduct of a party indemnifies �ereunder.
12. LIABILITY - The CLIENT agrees to limit NSR's liability to the CLIENT and toall construction Contractors
an u contractors on the project, due to NSR's negligent acts, errors, or omissions, such that NSR's tota
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.
i4. PAYMENT OF INVOICES OR FBI - Invoices are due upon presentation. If payment by CLIENT of any amount due
NH under this AuthorizatTon is not made within 30 days gg nance charges shall becomputed form the date
of t�e invoice at the annual rate of 21 percent, and s�al� be added to the unpaid balance. There is a
i55 00 minimum finance charge per month on the unpaid balance.
15. OWN RSA P - All original ape s, documents, drawings, and other work produced by NSB and copies thereof,
produced y NSR pursuant oto t;is 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.
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Authorization Page 3 of 7
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NORTH STATE RESOURCES, Inc.
Standard Schedule of Fees
i (Effective January 1, 1991)
Labor Category Hourly Rate
Principal, Senior Scientist $ 60.00
Administrative Assistant $ 17.00
Direct Expenses Rate
2-Wheel Drive Vehicles $ 0.25/mile
4-Wheel Drive Vehicles $ 0.34/mile
Facsimile $ 1.50/page
Copies $ 0.07/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.
Please Initial Below
Client:
NSR `��
Authorization Page 4
ATTACHMENT A
SCOPE OF SERVICES
PREPARE AN ENVIRONMENTAL ASSESSMENT
j FOR THE CITY OF REDDING' S
PROPOSED BUCKEYE WATER TREATMENT PLANT
Shasta County, California
fIn order to comply with the National Environmental Policy Act
(NEPA) , NSR will prepare an Environmental Assessment (EA) for the
Buckeye Water Treatment Plant Project . NSR will work closely with
j the City and the US Bureau of Reclamation ( Bureau) in the EA
process .
NSR has identified the following Tasks for the Proposed Plan of
Work:
TASK 1 - PRE-WORK MEETING
Following project award, NSR will meet with designated staff of the
City of Redding (City) , Department of Public Works and Planning
Department , to discuss the project , identify agencies to be
involved and consulted, and review the proposed project schedule .
TASK 2 - NSR REVIEWS PROJECT DETAILS , PREPARES CONSULTATION
LETTER, AND IDENTIFIES ADDITIONAL STUDY REQUIREMENTS
NSR will review existing reports and background information on the
proposed project . The project site will be visited as needed to
determine the potential impacts of the project and to determine
whether additional studies should be performed.
NSR will work with the City and the Bureau to identify the agencies
' requiring notification or consultation on the project . NSR will
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prepare an initial consultation letter for City distribution.
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This Scope of Services specifically excludes other on-site surveys
which may be requested by other parties during the consultation
process . Conversations with the City and the Bureau presently
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indicate that the EA must address the following issues :
o Impacts of the project on instream flow temperatures in
the Sacramento River ,
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Authorization Page 5
o Impacts of the proposed project on energy production of
the Spring Creek and Keswick powerhouses ,
o Impacts of the proposed project on National Register-
eligible , historical or archaeological resources ,
o Impacts of the proposed project on threatened, en-
dangered, special status flora or fauna.
NSR will perform a reconnaissance botanical survey and a sensitive
plant survey for the project . If NSR or the consulted parties
identify potentially critical issues requiring input from other
environmental specialists , NSR will assist the City in identifying
potential consultants .
NSR will review the archaeologist ' s report and correspondence with
agencies , prepared by the City' s designated archaeologist , Jensen
and Associates . NSR will also utilize existing alternative
analysis reports , temperature modelling analyses (March 1991 ) and
power production analyses prepared for the City.
No other special studies are included in this Scope of Services .
TASK 3 - NSR PREPARES AND SUBMITS DRAFT EA FOR "IN-HOUSE" REVIEW
NSR will prepare a preliminary draft EA, using the Initial Study
and other available documents to respond to potential issues and
concerns . The document will incorporate the findings of additional
studies performed for the City and will conform ' to the format
recommended in USBR NEPA handbook (October 1990 ) , and as determined
to be appropriate for the project . Only significant project
impacts will be presented in the Environmental Consequences section
of the EA. The EA will include the following sections :
Purpose and Need for Action
Proposed Action and Alternatives
Affected Environment
Environmental Consequences
Consultation and Coordination
Attachments ( List of Required Permits , List of Preparers ,
Bibliography, Technical Reports )
Four copies ( total ) of the Preliminary Draft EA will be submitted
to the City and the Bureau for in-house review.
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Authorization Page 6
TASK 4 - NSR RESPONDS TO "IN-HOUSE" COMMENTS ON PRELIMINARY DRAFT
EA AND PREPARES FORMAL DRAFT EA FOR PUBLIC AND AGENCY
REVIEW
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NSR will respond. to City and Bureau comments on the Preliminary
Draft EA. The estimated completion date provides the City and the
Bureau with a 10-day review period. Based on the "in-house"
review, NSR will revise the document as appropriate .
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One original "formal" Draft EA will be submitted to the City for
reproduction and distribution.
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TASK 5 - NSR RESPONDS TO PUBLIC AND AGENCY COMMENTS ON DRAFT EA
AND PREPARES FINAL EA
The Proposed Project Schedule provides consulted parties with a
14-day review period for the Draft EA. A typical NEPA review
period is 30 days . The Bureau has indicated that they have the
administrative authority to identify the agencies to be consulted
and the length of the consultation period for project EA' s .
NSR will work with the City to respond to "reasonable" public and
agency comments on the Draft EA. NSR will complete the final EA
document approximately 10 days after receiving agency comments .
TASK 6 - NSR PREPARES THE FINAL EA
One original final EA will be submitted to the City for reproduc-
tion . One diskette of the EA will be provided to the City on
Wordperfect 5 . 1 .
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Authorization Page 7 of 7
ATTACHMENT B
PROPOSED PROJECT SCHEDULE
ESTIMATED
1 COMPLETION DATE*
TASK 1 - PRE-WORK MEETING March 21 , 1991
TASK 2 - NSR REVIEWS PROJECT DETAILS March 31 , 1991
TASK 3 - NSR SUBMITS PRELIMINARY DRAFT EA April 19 , 1991
TO CITY FOR "IN-HOUSE" REVIEW
TASK 4 - NSR RECEIVES "IN-HOUSE" COMMENTS April 29 , 1991
ON PRELIMINARY DRAFT EA AND PREPARES
DRAFT EA FOR "PUBLIC" DISTRIBUTION May 6 , 1991
TASK 5 - NSR RESPONDS TO COMMENTS ON May 20 , 1991
DRAFT EA to
May 30 , 1991
TASK 6 - NSR COMPLETES FINAL EA May 31 , 1991
* Dates are preliminary and are based upon NSR' s current under-
standing of the proposed project.
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