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HomeMy WebLinkAboutReso. 1985 - 107 - Approving the contract between the city of redding and ott water engineers for professional services 411 111 RESOLUTION NO. ,F.3-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE CONTRACT BETWEEN THE CITY OF REDDING AND OTT WATER ENGINEERS FOR PROFESSIONAL SERVICES, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . The City Council of the City of Redding hereby approves the contract between the City of Redding and Ott Water Engineers for professional services rendered in the preparation of a competing FERC license application for the Spring Creek Hydro- electric Project. 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 intro- duced and read at a regular meeting of the City Council of the City of Redding on the 17th day of June , 1985, and yam,, • i was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, & Pugh NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kirkpatrick ABSTAIN: COUNCIL MEMBERS: None CI e l _ rll f�/,(0, AI , 1 . .. I�✓. . is B'-:ARA 'LLEN GARD, Vice Mayor City of Redding ATTEST: /� �" t�7�a -ea. 'Z' e-0 ETHEL A. NICHOLS, City Clerk FORM APPROVED: fy fiZ RA DALL A. HAYS,' Ci , Attorney -2- • OTT WATER ENGINEERS, INC. • 2334 Washington Avenue Redding, CA 96001 916/244-1920 AUTHORIZATION FOR PROFESSIONAL SERVICES Contract Date June 11, 1985 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: Rick Coleman hereinafter called CLIENT, and Ott Water Engineers, Inc. , hereinafter called OTT, on the date shown above. The work to be performed regarding CLIENT's engagement is described with the following title: Competing FERC License for the Spring Creek Hydroelectric Project. 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 OTT for mutual consideration hereinafter, set forth, agree as follows: OTT agrees to perform the following specific Scope of Services: • Using data from existing Exemption Application per the attached "Proposal to Prepare a Competing. Federal Energy Regulatory Commis- sion License Application for the Spring Creek Hydroelectric Project. " 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 ated a.o - and on the reverse side hereof, and the Contract Date written above. CLIENT: OTT WA ER EN I. EERr, IN'. : By: By: A .i , Name: Name: James C. Peterson , P. F_ Title: Title: Re4 1 Manager Date: Date: (,111 fjs /- (For Acct Use Only) Previous BD#: Verbal to proceed as of Project Number: R1312 . 03 the Contract Date: Project Manager: RCH Project Type: Project Reviewer: JCP (Fed. Form 254 Code) 4111 PROVISIONS 1. AUTHORIZATION TO PROCEED . Signing this form shall be construed as author,- rn full for elf work previously authorized and per- zatioh by CLIENT for OTT to proceed with the work, • formed prior to effective date of termination. if no unless otherwise provided for rn the Authorization. notice of termination is given, relationships and obligations created by this Authorization shall be 2. SALARY COSTS terminated upon completion of all applicable require- OTT's Salary Costs shaft be the amount of safer- ments of this. Authorization. OTT reserves the right res 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 ment schedules are not met or any unpaid fees become to cover all payroll related taxes, payments, pre- delinquent. mrums, and benefits. 10. ARBITRATION • 3. STANDARD CHARGES All claims, disputes, and other matters rn ques- OTT's Standard Charges are those fees published tion arising out of, or thereof may be decided by by OTT's office, which are charged for work performed arbitration in accordance with the rules of the on CLiENT's project by OTT employees of the indicated American Arbitration. Association. Either CLIENT or • classifications. These rates are subject to change OTT may initiate a request for such arbrtretron, but . when annual employee raises take effect. ' consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or refatin 4. DIRECT EXPENSES re( tg, this Authorization may include, by consolyda- • OTT's Direct Expenses shall be those costs tion, joinder, or in any other manner, any additional incurred on or directly for the CLIENT'S project, party not a party to•thrs Authorization. including but not limited to, necessary transporta- 11. LEGAL EXPENSES tion costs rncludrng mileage at OTT's current rate •. for automobile usage; meals and lodging; laboratory in the event legal action or arbitration is tests and analyses; equipment; computer services; brought by CLIENT or OTT against the other to=_enforce word processing equipment; telephone; printing, and • any of the obligations hereunder, or arrsrng out of binding charges; and editing. Reimbursement for any dispute concerning the terms and conditions these expenses shalt be on the basis of actual hereby created, the losing party shall pay the pre- charges when furnished by commercial sources and on varling party such reasonable amounts for attorneys • the basis of usual commercial charges' when furnished or arbitrators fees, witness fees, costs, and suon . by OTT. An additional 15 percent shall be added to expenses as may be set by the court having jurrsdic- the cost of these services for OTT's administrative tion over the matter by the arbitrator. costs. 12. INDEMNITY 5. OUTSIDE SERVICES "['he CLIENT shall hold harmless, Indemnify, and When technical ' or professional services -are defend OTT and its consultants, and each .of their furnished by an outside source, an additional 15 per- officers, employees, and agents, from any and all cent shall be added to the cost of these services for liability claims, losses, damages, and expenses OTT's adminrstrat,ve•costs. including attorney's- fees and court costs arising or • alleged to arise from or during the performance of 6. COST ESTIMATES the work described herein, provided that such losses . Since OTT has no control of the cost of labor, or damages are not proximately caused by the naafi- materials, or equipment, or over the contractor's gence or willful misconduct of a party indemnified methods of determining prices, or over competitive hereunder. bidding or market conditions, OTT's opinions of probable cost, provided for herein, are to be made on 13. LIABILITY the basis of OTT's experience and qualifications and the Owner agrees to limit OTT's liability to the represent their best judgement as a design profes- Owner and to all construction Contractors and Subcorr stone[ familiar with the construction industry. OTT tractors on the project, due to OTT's negligent acts, cannot and does not guarantee that proposals, bids, errors, or omissions, such that OTT's total agvregate or the construction cost will not vary from their liability to aft those names shall not exceed 350,000 opinions of probable cost. if the CLIENT wishes or the total fee for services rendered on this pro- greater assurance as to the construction cost, the jest, whichever is greater. Owner should employ an independent cost estimator. " 14. VENUE 7. SOiL CONDITIONS 11777-Authorization is to be governed by the law Off makes no representations concerning soil of Shasta County, California. conditions unless specifically included, in writing, 15. PAYMENT OF INVOICES OR FEE in this agreement, and is not responsible for any liability that may arise out of the making or failure Invoices are due upon presentation. if payment to make soil surveys, or subsurface soil tests, or by CLIENT of any amount due OTT under this Authorize- general soil tests. tion is not made within 30 days, finance charges shall be computed from the date of the invoice at the 8. PROFESSIONAL STANDARDS, annual rate of 20 percent or current rate available Oil snail be responsible for the professional to OTT, whichever rs higher, and shall be added to and technical soundness, accuracy, and adequacy of the unpaid balance. There is a $5.00 minimum finance all designs, drawings, specifications, and other work charge per month on unpaid balances. and materials furnished under this Authorization, to 16. OWNERSHIP the level of competency presently maintained by other practicing professional engineers in the same type of All original papers, documents, drawings, and work on OTT's community. OTT makes no other war- other work produced by OTT and copies thereof, pro- ranty, express, or implied. duced by OTT pursuant to this Agreement, except docu- ments which are required to be filed with public 9. TERMINATION agencies; remain the property of OTT and may be used Either CLIENT or OTT may terminate this Author,- by OTT i•*lnxir;the consent of CLIENT. nation by giving 30 days written notice to the other crehi wvi party. In such event, CLIENT shall forthwith pay OTT • OTT WATER EN/OINEERS INC. • OTT BILLED FIXED FEE COMPENSATION Project Description FERC License for the Spring Creek Hydro Project Project Number R1312. 03 Date. June 7 , 1985 Compensation shall be on the basis of a Fixed Fee of $ 13 ,700 .00 . The CLIENT shall deposit 0 % of the Fixed Fee, $ 0 with OTT upon authorization of the work. Billing for work-in-pro- gress shall be made every two weeks and shall be based on the per- cent of project completed at the time of billing. The CLIENT shall receive credit for one-half of the deposit amount, $ 0 , on initial billing invoices. When total billings exceed one-half of the deposit, the balance shall be due and payable to OTT. The second half of the deposit, $ 0 shall be held by OTT and credited to the final billing. Any balance due the CLIENT or OTT shall be refunded or paid within 30 days of the final billing or other termination of this agree- ment. Balance due invoices not paid by the CLIENT within days shall be justifiable cause for DTT 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-payment or by the CLIENT for any reason, OTT reserves the right to renegotiate the Fixed Fee and deposit amount 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. OTT will notify the CLIENT of any required revision. . . • PROPOSAL TO PREPARE A COMPETING FEDERAL ENERGY REGULATORY COMMISSION LICENSE APPLICATION FOR THE SPRING CREEK HYDROELECTRIC PROJECT TASK - AGENCY CONSULTATION Upon receiving the authorization to proceed, OTT will initiate consultation with all relevant agencies responsible for review of the License Application. These agencies include: o Department of Fish and Game o Regional Water Quality Control Board o State Water Resources Control Board o U.S. Fish and Wildlife Service o U.S. National Marine Fisheries Service o U.S. Army Corps of Engineers o U.S. National Park Service o U.S. Bureau of Reclamation o State Historic Preservation Office o Department of Parks and Recreation o Department of Boats and Waterways o Shasta County Planning Department A formal request for consultation will he sent to these agencies to initiate the minimum 60-day response period. The consultation package will contain sufficient information for these agencies to become adequately familiar with the project to provide suitable comments. TASK - PREPARE EXHIBIT DRAWINGS Appropriate drawings of the project facilities will be prepared to meet applicable FERC requirements for a Competing License Applica- tion. The drawings will utilize a proposed project layout similar to the design detailed in the Exemption Application as submitted by Iron Mountain Mines, except that the proposed project will _ • 4 • utilize a small diversion dam with associated diversion pool to divert required flows into the project and the proposed project shall be layed out to be compatible with the City's proposed pump/storage project. This feature will allow for a minor increase in project head and allow for an increase in power generation capacity and annual kilowatt-hour production above that submitted in the Exemption Application. Project facilities will be located on Federal lands where possible. TASK - PREPARE EXHIBIT E The major portion of the license application will consist of the environmental report, or Exhibit E. This report will be prepared to meet all applicable FERC requirements and address all relevant impacts , mitigation measures, and environmental issues. TASK - COMPILE APPLICATION This task includes drafting of all drawings and preparing the document in the correct format that meets applicable FERC requirements for Competing License Applications. TASK - SUBMIT ORIGINAL AND 14 COPIES Pursuant to FERC requirements, an original and 14 copies of the application will be submitted to the City for eventual submittal to FERC. Ten additional copies with reproducible mylars for pages exceeding dimensions of 8-1/2 by 11 inches will also be submitted to the City. COST ITEMIZATION Item Cost Initiate Agency Consultation S 1 , 200 Revise Exhibit Drawings 3,500 Prepare Exhibit E 6, 500 Compile Application 2, 000 Submit Original and 14 Copies - 500 TOTAL ESTIMATED COST $13 , 700