HomeMy WebLinkAboutReso 91-292 - Approve & Authorize the mayor to sign Addendum #1 to authorize professional services dated 07-08-91 between COR & North State Resources ,Inc for prep of Env Assessment Buckeye WTPI
RESOLUTION NO.
I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN ADDENDUM # 1 TO
THE AUTHORIZATION FOR PROFESSIONAL SERVICES DATED JULY 8,
1991, BETWEEN THE CITY OF REDDING AND NORTH STATE
RESOURCES, INC. FOR ADDITIONAL SERVICES NOT TO EXCEED
$3,000 IN THE PREPARATION OF THE ENVIRONMENTAL ASSESSMENT
FOR THE BUCKEYE WATER TREATMENT PLANT.
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 Addendum #1 to the Authorization for
Professional Services entered into between the City of Redding and
North State Resources, Inc. dated July 8, 1991, a true copy of which
is attached hereto and incorporated herein by reference.
2 . That the Mayor of the City of Redding is hereby authorized
and directed to sign said Addendum #1 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 16th day of July- 1991, and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Buffum, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: 'Fulton
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST: O PPROVED:
ETHEL A. NICHOLS, City Clerk R DALL A. HA S, C ty Attorney `
• Authoriza n Page 1 of 2
NORTH STATE RESOURCES, Inc.
5000 Bechelli Lane, Suite B-1
Redding, CA 96002
(916) 222-5347
ADDENDUM #1 TO AUTHORIZATION FOR PROFESSIONAL SERVICES
Contract Date: 8 July 1991
This agreement provides authorization for professional services to continue
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
the engagement of professional services is described with the following
title: Environmental Assessment for the Buckeye Water Treatment Plant
Proiect and hereinafter called the PROJECT.
The CLIENT and NSR for mutual consideration herein after set forth, agree
as follows:
NSR agrees to continue performing the work described in the original Scope
of Services and further described in: the attached letter dated June 26,
1991.
NSR will be compensated by the CLIENT for services on a time and materials
basis Professional services (direct labor) and direct expenses not to'
exceed an additional $3000 over the Original contract amount of $9500
without written authorization. Total amount of the contract cost is revised
to $12500.
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.
By: By:
Name: Name: LAur4 Kuh
Title: Title: Pro 'ect Mana er
Date: • Date:
(For Accounting Use Only)
Verbal to proceed as of Project Number: 1000. 52A
the Contract Date: NLA NNC Code (Y/N) : Yes
Authorization Page 2 of 2
1. AUTHORIZATION TO PROCEED - Signing this form shall be construed as authorization by CLIENT for NSR to proceed with
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.
6. 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.
i 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 form 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.
North State Resources SNC.
26 June 1991
Mr. John James V
760 Parkview Avenue
Redding, California 96001
SUBJECT: Request to Revise Costs Related to the Preparation
of the Environmental Assessment for the Buckeye
Water Treatment Plant (NSR 91-1000. 52)
. Dear John:
As you know, North State Resources (NSR) is approaching its "not-
to-exceed" amount of $9 , 500 currently specified under our existing
contract. Over the past three months, NSR completed Tasks 1
through 4 as described on Attachment B of the Authorization for
Services approved by the City Council as RESOLUTION 91-119 on March
22 , 1991. In addition, NSR prepared and submitted initial agency
consultation packets, performed a wetlands reconnaissance, and
maintained contact with the Bureau throughout the past months.
These tasks were not a part of the original Scope of Services and
amounted to an additional cost of approximately $2 , 000.
The Draft Environmental Assessment was submitted to the US Bureau
of Reclamation on May 13, 1991. To date, the Bureau has not
provided NSR or the City with formal comments on the Draft
Environmental Assessment. At this time it appears that the Bureau
will ask for more detailed information regarding the following:
o Temperature changes and potential mitigation for winter-
run chinook in the Sacramento River;
o Energy losses at the Spring Creek powerhouse and Keswick
Dam; and
o Impacts to water quality (heavy metal concentrations) in
Keswick Lake and the upper Sacramento River.
The Bureau is currently reviewing its policy regarding temperature
changes in the upper Sacramento River, and has not formally
provided any comments on the Draft EA. North State Resources
maintains weekly contact with Bureau representatives. Once the
Bureau prepares its formal comments to the Draft EA, NSR and the
City will determine if special studies are required to prepare the
Final EA. To date, we have received comment letters from the State
Historic Preservation Office and the U. S Fish and Wildlife Service;
additional special studies are not required to respond to their
comments. If no additional studies are required to respond to
Bureau comments, NSR will prepare the Final EA. If additional
studies are required, NSR will work with the City to determine the
5000 Bechelli,Suite B-1 916.222.
Redding,California 96002 FAX 916.222.4 916.222.5347958 958958
26 June 1991 Page 2
Letter to Mr. John James (continued)
scope and responsibility of the additional special studies, prior
to preparation of the Final EA.
Approximately $700. 00 remains in NSR's budget. Due to the
additional tasks performed outside of the Original Scope of
Services, the continued coordination with the Bureau, and
additional effort needed to respond to Bureau comments, we propose
that the City approve an expansion to North State Resources ' cost
of services by $3 , 000 (time and materials not to exceed this amount
without City approval) . This will allow us to continue
coordination with the Bureau and to prepare the Final EA, provided
additional special studies are not requested by the Bureau. If
additional special studies are required, we will modify the costs
as deemed appropriate.
Thank you for your time and consideration.
Respectfully submitted,
Lau F. Kuh
President