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HomeMy WebLinkAboutReso. 1986 - 024 - Approving the authorization for professional service contract between the city of redding and ott water engineers inc 411 RESOLUTION NO. 34 ".23 '.23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AUTHORIZATION FOR PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF REDDING AND OTT WATER ENGINEERS, INC. FOR A DISSOLVED OXYGEN STUDY IN CLEAR CREEK JUST BELOW WHISKEYTOWN DAM, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City of Council of the City of Redding as follows : 1 . The City Council of the City of Redding hereby approves the Authorization for Professional Services Contract between the City of Redding and Ott Water Engineers, Inc . for professional services to perform a dissolved oxygen study in Clear Creek just below Whiskeytown Dam. 2 . 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 documents, when appropriate. 3 . A true copy of the Contract referred to herein is attached hereto and made a part hereof. 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 20th day of January 1986 , and was duly adopted at said meeting by the following vlote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Wugh NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : 6rlpatri ck it #76,6g-Walie: (di HOWARD D. KIRKP TRICK, Mayor City of Redding ATTEST: Q. 7 —c•&-c ETHEL A. NICHOLS, City Clerk FORM PROVED: RANDALL A. HAYS, City Attorney -2- Z.5.34 Washington A.-enue Redding, CA 96001 , . 916/244-1920 • AUTHORIZATION FOR PROFESSIONAL SERVICES Contract Date January 13, 1986 • - This agreement gives authorization for consultant services to commence by and between: Name: ' City of• Redding Address: 760 Parkview Avenue Redding, CA 96001 'Telephone Number: 916/225--4300 Contact Person: .Mr. 1 ick Coleman hereinafter called CLIENT, and Ott Water Engineers, Inc. , hereinafter called- OTT, o on the date shown above. The work to be performed regarding CLIENT's engagement is . • described with the following title: Clear Creek Dissolved Oxygen Monitoring and hereinafter called the PROJECT. Unless otherwise stated, the CLIENT is also the present record owner of any real property connected with the PROJECT. The CLIENT and .0= for mutual consideration hereinafter set forth, agree as follows: OTT agrees to perform the following specific Scope of Services: See attached Scope of Services. • CLIENT agrees to compensate OTT for services on the basis of the attached Compensation Agreement which is part of this Authorization. Services requested by this Authorization shall be performed in accordance with the PROVISIONS stated on the back of this form and made a part of this Authoriza— tion. BY MUTUAL CONSENT, the parties hereto have accepted, made, and executed this agreement upon the terms, conditions, and provisions stated above and on the reverse side hereof, and the Contract Date written above. -----,\ CLIENT: OTT WATER ENGI PEERS'; INC. : B y: _._ By: .,44`1-• 31 `I Name: Name: James C. Peterson, P.E. Title: - Title: Regional Managsr • Date: II Date: January 14, 1986 (For Acct Use; Only) Previous .BD : Verbal to proceed as of Project Number: R1375.01 ~� the Contract Date: • Project Manager. : CJN I� Project Type: Project Reviewer: JCP I (Fed. Form 254 Code) �~ Roll . 11 /A4 • PROVISIONS • 1. AUTHORIZATION TO PROCEEDin full for all work previously authorized and par- Signing teas form small be construed as authori- n Zatlon by CLIENT for OTT to proceed with. the work, formed prior to effective date of termination. If no unless otherwise provided for in the Authorization. notice of termination Is given, relationships and obligations created by ttrisl Authorization shall be . 2. SALARY COSTS terminated upon completion of all applicable. require- OTT's Salary Costs shall be the amount of safer- vents of this Authorization. OTT OTT reserves the right les paid OTT employees for work performed on CLIENT's to stop` work_without 30 days written notice if pay- project plus a stipulated percentage of such salaries meet schedules are not mat or any unpaid fees become to cover all payroll related taxes, payments, pro- delinquent. miems, and benefits. 10. ARBITRATION 3. STANDARD CHARGES claims,disputes, and other matters In ques- OTi's Standard Charges are those fees published tion arising out of, or thrf�reof may be decided by by OTT's office, which age chargedperformed arbitration in accordance w for work ith the rotes of the American Arbitration Association. Either CLIENT or on CLIENT's project by OTT employees of the indicated o classifications. These rates are subject to change OTT may initiate a request for such. arbitratiOte :but when annual employee raises take effect, consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relat 4. DIRECT EXPENSES Ing to, this Authorization may include, by joinder, or in any other manner, anys Authorization, . o DIM—Direct expanses shall be thosecosts art ot a party to this Authorization. Incurred on or directly for the CLIENT'S project, party Including but not limited to, necessary transporta- tion costs including mileage at OTT's current rate IT the event legal action or arbitration is testses automobile yses; meals and; lodging; laboratory brought by CLIENT or OTTagainst the other to enforce and analyses; equipment;telephone,uter services; any of the obligations hereunder, or arising out of word processing equipment; Rei printing., end any dispute concerning the terms and conditions bindingII hpe charges; and editing. Rbasisrsof at for hereby created, the losing party shall pay the pre- these expenses shall be on the basis of actual vaiting party Such `rttabl�e ..amounts for attorneys charges when suiscom by commercial sources and -ed or arbitrators fees,eitness ;fobs, costs, and such ye basis of usual nalmerclaI charges when frm td ' expenses as may. beset by tti'e .court having byJurisdic- OTT. An additional 15e percent shall be added to - tion over the matter by the arbitrator. the cost of these services for OTT's administrative costs. 12. INOEMNITY '1"ire. OLIENT shall told harmless, Indemnify, and 5. OUTSIDE cnni SERVICES defend OTT and its consultants, and each of their lvhen by annniutl or .professional anoadi services1are officer:, employees, and agents, from any and all furnished outside source, an additional 15 per- rrer.riity claims, losses. ll damages, and expenses cent shall be addedto the cost of these services for including attorney's fees and court costs arising or OTT's administrative costs, alleged -to arise from or during the performance of 6. COST ESTIMATES the work described herein, provided that such losses 'nco te OTT has no control of the cost of labor, or damages are not proximately caused by the neoil- t Bence or willful misconduct' of a party indemnified. materials, or equipment, or over the contractor's hereunder. methods of determining prices, or over competitive bidding or market conditions, OTT's opinions of 13. LIABILITY cost, provided for herein, are to be made on Yihe�Lner agrees to limit OTT's liability to the the basis of OTT's experience and qualifications andOwner and to all construction Contractors and Subcon- represent their best Judgement as a design profes- sional familiar with the construction industry, OTT tractors on the project, duellto OTT's negligent acts, errors, or omissions, such that OTT's total aggregate cannot and does not guarantee that proposals, bids, liability to all those namel shall not exceed $50,000 or the construction cost will not vary from their or the total fee for services rendered on this pro- opinions of probable cost. If the CLIENT wishes Ject, whichever Is cireatar, greater assurance as to the construction cost, the Owner should employ an independent cost estimator. 14. VENUE FIs Authorization is to be governed by the law 7. SOIL CONDITIONS of Shasta County, California, OTT makes no representations concerning soil conditions unless specifically included, in writing, 15. PAYMENT OF INVOICES OR FEE In this agreement, and is not responsible for any invoices aro due upon presentation, If payment liability that may arise out of the making or failure by CLIENT cofe any amount due OTT under this Authorize to make soil surveys, or subsurface soil tests, or tion is not made with{n 30 days, finance charges general soil tests, shall to computed from the date of the invoice at the annual rate of 20 percent or current rate available 8. PROFf_ L STANDARDS to OTT, whichever is higher, and shall ba added tri 07T shall tx3far the professional the unpaid balance. There ids a $5.00 minimum finance and technical soundness, accuracy, and adequacy of charge par month on unpaid ta3lancos. all designs, drawings, specifications, and other work • and materials furnished under this Authorization, to 16, Ly;NERSHiP the level of competency presently maintained by other n11 original papers, documents, drawingc, and practicing professional engineers in the same type of other work produced by OTT kine' copies thereof, prod work in OTT's community. OTT makes no ether area- duced by OTT pursuant to this Agreement, except docu- ranty, express, or Implied. cents which are required oto be filed with public agencies; remain the property of OTT and may be used 9. TERMINATION • by OTT ei t hoofhb consent of CLIENT. Tither CLIENT or OTT may terminate this Authors- ;i4A t•Uvil{ ration by giving 30 days written notice to the other party, in such event,. CLIENT shall forthwith pay OTT ' . • SCOPE OF SERVICES CLEAR CREEK DISSOLVED OXYGEN MONITORING The following scope of services shall be provided by Ott Water Engineers, Inc. (OTT) in coordination with the City of Redding (City) . TASK 1 - INSTALLATION OF DISSOLVED OXYGEN METER OTT will order and install a Yellow Springs Dissolved Oxygen (DO) Meter, Model 56 , approximately 100 feet downstream of the Whiskeytown Dam powerhouse on Clear Creek. Water will be pumped out of Clear Creek to the DO meter facility where the DO and temperature will be recorded continuously. The DO mijter installa- tion will include a vandal-resistant housing for the meter and pump. After installation, the DO facility (equipment and housing) will. be the property of the City. OTT wi:l,l n4vide ro tine maintenance of the facility. Major repairs to Ilhe equipment and housing due to vandalism or theft will be the responsibility of the City. The cost of the installation of the DO facility is based on the assumption that 110 volt power is available from the Clear Creek Community Services District' s chlorine storage building and that the Bureau of Reclamation gives approval to run a pli werline from the chlorine storage building to the DO facility. If this power source cannot be used, the project costs may be revised accor- dingly. TASK 2 - AGENCY COORDINATION OTT will meet with representatives from the California Department of Fish and Game, U. S. Fish and Wildlife Service, and the Cali- fornia Regional Water Quality Control Board to discuss the monitor- ing program and to ensure pertinent dissolved oxygen data. . . TASK 3 - SITE VISITS OTT will perform site visits approximately every ten days for a period of one year from the date the meter is in full operation. At each site visit the meter will be checked for calibration using a HACH, Dissolved Oxygen Titration Kit. The site visits will also be used to retrieve data from the recorder. TASK 4 -- DATA TABULATION The DO datawill be tabulated at approximately monthly intervals. The tabulated data will include the daily minimum, maximum, and average DO for the Clear Creek monitoring site. TASK 5 - FINAL REPORT OTT will prepare a report at the end of one year of data collection which will include a brief the of description P� protect and the ' II tabulated daily minimum, maximum, and. average DO. Igen copies of the final report will be made available to the City of Redding within six weeks after the final site visit. OTT WATER EA\SNEERS, INC. 4 OTT SCHEDULED FIXED FEE COMPENSATION Project Description _._. Clear Creek Dissolved Oxygen Monitoring Project Number _ R1375.01 Date January 13, 1986 Compensation shall be on the basis of a Fixed Fee of $18,000 Payments by the CLIENT to OTT shall be made according to the fol- lowing Payment Schedule: Date/Project Milestone Amount Due Signing of Contract . $ .6,000.00 Installation of equipment and housing 6,000.00 Servicing 500.00/mo4h for 12 months Final Payment • Fixed Fee $ 18,000.00 Project status reports for work-in-progress shall be sent by OTT to the CLIENT every four. weeks . The reports will show project percent complete and payment credits as of the report date. • Scheduled payments not received by OTT within 5 working days , of their due date shall be justifiable cause for OTT to stop work on the project. OTT shall not be held responsible for project delays which result from this work stoppage. If work is stopped by OTT for reasons of non---paymnt or by the CLIENT for any reason, OTT reserves the right to renegotiate the Fixed Fee and revise the payment schedule to compensate for increased costs which result from these delays . Additions to the Scope of Engineering Services could result in a . revision of the Fixed Fee and Payment Schedule. OTT will notify the CLIENT of any required revisions .