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HomeMy WebLinkAboutC-2655(C) - Relocation of Water Line Crossing Santa Ana RiverCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: August 31, 1990 (714) 6443005 SUBJECT: Contract No. C- 2655(C) -3/- 9U Description of Contract Agreement for Sharing for Relocation of Water Line Crossing Santa Ana River Effective date of Contract June 19, 1990 Authorized by Minute Action, approved on June 11, 1990 Contract with Environmental Management Agency (Public Works) Address County of Orange P.O. Box 4048 Santa Ana, CA 92702 -4048 Amount of Contract (See Agreement) "W� tf A1�4e Wanda E. Raggio p City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach v os) . June 11, 1990 BY THE CITY COUN Y ICOUNCIL AGENDA CITY OF NEWPORT BE M ENO. F -3(a) • TO: City Council 1990 FROM: Utilities Department rr.o n�rnn SUBJECT: AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT SHARING FOR RELOCATION OF WATER LINE CROSSING SANTA ANA RIVER RECOMMENDATIONS: 1. Approve Agreement with the Orange County Flood Control District and authorize Mayor and City Clerk to execute. DISCUSSION: The City has a 12" water line that crosses the Santa Ana River southerly of the extension of 19th Street. This line was used to transport water from City wells in Huntington Beach. The location of the line interferes with the U.S. Corps of Engineers Santa Ana River Mainstem project that is scheduled to begin construction October 1, 1990. The Corps, and the County Flood • Control District who is responsible for right of way acquisition, have directed the City to relocate the line. The City had planned to increase the size of this line to 30" to transport water from new wells in the vicinity of Mile Square Park. The City is now advertising for bids that will be received June 14th. The City's easement for the water line crossing predates the Flood Control District's easement acquisition, and therefore the City has a prior right. An agreement between the City and the District has been negotiated that provides that the District pay the cost of relocating the 12" line and the City to pay the cost of upsizing the line to 30 ". The agreement stipulates that the County's share on this basis is 62% and the City's share is 38 %. There is difference of opinion between the County and the City as to whether the City's prior right extends for the full width of the channel or only for about 70% of the width. In order to settle this dispute, the agreement provides submitting the question to a mutually agreed upon title company for determination. In any event, the County will pay a substantial portion of the cost of constructing the new 30" line. • The estimated cost of the portion of the relocation that the County will share in is $529,031. The County share of this cost $328,000. The City's portion of the cost is included in the c r udget. Robert J. on Utilities Director DCS:so Agreement No. D90 -122 C - Z�SS6V 1 A G R E E M E N T p 2 THIS AGREEMENT is made and entered into this %I day of 3 JUA/15' , 1990, by and between the ORANGE COUNTY FLOOD CONTROL DISTRICT 4 hereinafter referred to as "DISTRICT" a body corporate and politic of the State of 5 California and the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter 6 referred to as "CITY ". 7 W I T N E S S E T H 8 WHEREAS, "DISTRICT ", in agreement with the United States Army Corps of 9 Engineers, hereinafter referred to as "COE ", is the Local Sponsor for the Santa Ana 10 River Mainstem Project including the Santiago Creek Project and is responsible for 11 all relocations and acquisitions of land, easements and right -of -way; and 12 WHEREAS, "CITY" owns and operates a 12 -inch cast -iron water line which 13 crosses the Santa Ana River Channel approximately 800 feet downstream (southerly) of 14 the 19th Street extension; and 15 WHEREAS, "CITY's" water line must be relocated to clear the Santa Ana River 16 Channel Reconstruction and Marsh Restoration Project proposed by "COE "; and 17 WHEREAS, "CITY" proposes to replace its 12 -inch water line with a 30 -inch 18 water line at a date later than the proposed channel work. 19 NOW, THEREFORE, the parties hereto agree as follows: 20 I. It is mutually agreed: 21 A. The cost of replacing "CITY's" existing 12 -inch water line with a 22 30 -inch water line in a new alignment as shown on Exhibit "A" attached hereto and 23 made a part hereof by this reference, shall be shared by "DISTRICT" and-"CITY". 24 The ratio of cost share is based on the cost of relocating the 12 -inch water line 25 (estimated at $247,000) to the cost of installing a 30 -inch water line (estimated at 26 $395,000) which is sixty -two percent (62 %). 27 B. Determination of whether "CITY" has a prior right to the easement 28 -1- 1 Agreement No. D90 -122 area, as shown on Exhibit "A ", shall be made by the method described hereinafter in Section IV. C. "DISTRICT" shall pay to "CITY" 62% (sixty -two percent) of the cost of installing a 30 -inch water line across reach "B" in the new alignment shown on Exhibit "A ", in lieu of replacing the existing 12 -inch water line in place. D. "DISTRICT" shall 'pay to "CITY" 62% (sixty -two percent) of the cost of installing a 30 -inch water line across reach "A" unless it has been determined in accord with Section IV, that "DISTRICT" has a prior right to the easement area shown on Exhibit "A ". E. The term "costs" as used herein above shall include the construction contract price plus 15% (fifteen percent) of said amount to cover the cost of design, contract administration, construction survey, staking and inspection. F. The 12 -inch water line may be removed by the "COE" in conjunction with the "COE" project. II. "CITY" shall: A. Abandon the 12 -inch water line and install a 30 -inch water line that clears the proposed channel and marsh restoration project before October 15, 1990. B. Advertise and award a construction contract for the 30 -inch water line across reaches "A" and "B" as shown on Exhibit "A ", attached. C. Coordinate the relocation contract with "DISTRICT" and "COE" as required. D. Upon award of a contract for construction for 30 -inch water line, invoice "DISTRICT" for 62% (sixty -two percent) of the cost of reaches "A" and "B" i unless it has been determined that "DISTRICT" is not responsible for reach "A ". "DISTRICT" n " 1. If DISTRICT pays "CITY" for reach " A and it is later determined that "DISTRICT" has no responsibility for the cost of this reach, then "CITY" shall immediately refund all payments applicable to reach "A" to "DISTRICT ". -2- Agreement No. D90 -122 F. Indemnify the "DISTRICT ", its employees and officers from liability for damage or injury occurring by reason of the relocation. G. Retain prior rights by virtue of a 10' wide easement for its new 30 -inch pipeline over the right of "DISTRICT ". "CITY" recognizes, however, that "DISTRICT" has an obligation to its public to maintain and preserve the integrity of the flood control facility and that excavation and other work within the channel must be regulated and controlled by "DISTRICT ". "CITY" therefore shall obtain a permit from "DISTRICT" whenever performing any work on its facilities within the right -of -way for the Santa Ana River and will adhere to conditions imposed such as riprap replacement requirements and contruction time frame restrictions. H. Quitclaim to "DISTRICT" the existing water main easement within the "District" proposed Marsh /Channel right -of -way at the time the "DISTRICT" grants to the "CITY" the 10' wide easement across the new alignment. I. Prepare plans for "DISTRICT" approval and construct the 30 -inch water line per approved plans. III. "DISTRICT" shall" A. Provide "CITY" with drawings of the new channel showing the plan and elevations of the channel at the water line location prior to May 30, 1990. B. Assist "CITY" in obtaining necessary permits from "DISTRICT ", "COE" and the California Coastal Commission, Regional Water Quality Control Board and the State Department of Fish and Game. C. Pay to "CITY" for "DISTRICT" share of the cost as set forth in Section II.D., above. Payment shall be made within 30 days after submission of i invoice by "CITY ". D. Upon approval of plans provide "CITY" a permit to contruct a pipeline across "DISTRICT's" right -of -way. E. Upon completion of the pipeline construction, grant to "CITY" a -3- • • Agreement No. D90 -122 ten -foot (101) wide easement for pipeline purposes across "DISTRICT'S" right -of -way. IV. The parties hereto mutually agree to determine whether or not "DISTRICT" is responsible for sharing the cost of reach "A" via the following procedure: A. "CITY" and "DISTRICT" shall have a third party determine whether "CITY" has a prior right to the "DISTRICT" to the easement area across reach "A" as indicated on Exhibit "A ", attached. B. "CITY" and "DISTRICT" agree that "First American Title Insurance Company" of Santa Ana, hereinafter "TITLE COMPANY ", shall be the third party to determine the prior right question. C. "CITY shall contract with "TITLE COMPANY" on behalf of "CITY" and "DISTRICT" D. "CITY" shall prepare a scope of work for "TITLE COMPANY ", to be reviewed and approved by "DISTRICT ", shall issue a contract for services scoped and shall pay invoices for said services. E. "TITLE COMPANY" shall render a written decision as to whether "CITY" or "DISTRICT" has a prior right to the easement area shown on Exhibit "A ". This decision shall be final and binding upon both parties for the purpose of determining whether "DISTRICT" shares in the cost of reach "A ". F. "DISTRICT" shall reimburse "CITY" for 25% (twenty five percent) of the costs of retaining "TITLE COMPANY" within 30 (thirty) calendar days of receipt of invoice from "CITY ". -4- I�.,- - • • Agreement No. D90 -122 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ORANGE COUNTY FLOOD CONTROL DISTRICT CITY OF NEWPORT BEACH A political subdivision of the State A Municipal Corporation of California By: �, By: ytii� Chairman, Board of Supervisors Ruthe yn u er Mayor APPROVED AS TO FORM: Adrian Kuyper County Counsel Orange County, California Deput Date SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. httest Lind D. Ruth Clerk of the Board of Supervisors of Orange County, California BM:ap /crPWF01- 331(0152)0052212384496 -5- APPROVED AS TO FORM: gnu ucll u. uul,auain City Attorney, City of Newport Beach 1.1 ly V1CLR City of Newport Beach I I 1 r r l l 11 r Hearings per RS 65/31 1 { per O.R. 182 -?371 � � I 1 (per Army Corps of Engineers) dk r r Future 19th St ro�,drir. r I I Proposed ater Replacement Umlls I . a 0 0 F G E VVIRONMENTAL MANAGEMENT AGENCY PUBLIC WORKS AUG - 7 1990 Mr. Donald C. Simpson, Special Projects Manager City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA. 92659 -1768 SUBJECT: Transmittal of Agreement No. D90 -122 Water Line Relocation Dear Mr. Simpson: MICHAEL M. RUANE DIRECTOR, EMA WILLIAM L. ZAUN DIRECTOR OF PUBLIC WORKS LOCATION: 12 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702 -4048 TELEPHONE: (714) 834 -2300 FAX # 834 -2870 FILE E01 Transmitted herewith please find one (1) original executed Agreement No. D90 -122 algng the Board Minutes for the relocation of the 30 -inch water line crossing the Santa Ana River. Your cooperation in expediting this project is greatly appreciated. BM:wps6 -1 Enclosures cc: EMA /Fin.Ops. RECF.i.I.: PUBLIC 1WNAS AUG 0 8 1990 N�WPf•.; E +rH� A CALIK Very truly yours, �.44 J.W. Williams, Manager Design Division BOARD OF SUPERVISOR* ORANGE COUNTY, CALIFORNIA NO. D90 -122 i MINUTES June 19, 1990 BEACH FOR SANTA MAINSTEM PROJECT (FLOOD): Environmental Management Agency requests approval of an agreement to reimburse the City of Newport Beach for a water line relocation required for Corps of Engineers project. MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez, the Board, acting as the Orange County Flood Control District, authorized execution of Agreement No. D90 -122 with the City of Newport Beach. MOTION UNANIMOUSLY CARRIED. . CITi u.ERK C01 tW AALT UTS"(S) PROFESSIONAL SERVICES AGREEMENT TO PROVIDE UTILITY RESEARCH FOR TRANSMISSION MAIN ROUTES FOR THE SANTA ANA WELLFIELD PROJECT THIS AGREEMENT is made and entered into this I—►'' day of August, 1987, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and DEREK J. McGREGOR, an individual, doing business as (DBA) Derek J. McGregor, Professional Civil Engineers & Planners, hereinafter referred to as "CONSULTANT. WITNESSETH: WHEREAS, the City of Newport Beach is pursuing annexation as a full member to the Orange County Water District through the California Legislature to obtain all of the rights and privileges associated with and for the purposes of producing ground water; and WHEREAS, being granted those rights and privileges, CITY wishes to obtain in a supplemental source of water supply for domestic consumption by drilling water wells and constructing a transmission main, hereinafter referred to as "PROJECT" also known as the "Santa Ana Wellfield Project "; and WHEREAS, CITY has requested a proposal for preparation of preliminary plans and for performing utility research for said PROJECT; and WHEREAS, CONSULTANT has submitted a proposal for costs and services as outlined herein below; and WHEREAS, CITY desires to accept said proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto do agree as follows: I. GENERAL A. CITY engages CONSULTANT to perform the described services for the consideration hereinafter stated. B. CONSULTANT agrees to perform the described services in accordance with the terms and conditions hereinafter set forth. C. CONSULTANT agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. Consultant shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by CITY. 1 of 7 • i II. SERVICES TO BE PERFORMED BY CONSULTANT CONSULTANT shall provide the following listed professional services to CITY. A detailed explanation for said services is contained and enumerated in CONSULTANT's proposal dated July 21, 1987. A. Provide utility and street right -of -way research to determine the locations and existence of all underground utilities and improvements within the street right -of -way along the two identified potential transmission main routes. Those routes being referred to as the "Flower Street" alignment and the "Bear Street" alignment. Utility information shall include location, size and type of conduit material and depth of cover where such information is available. B. Prepare compiled utility map sheets indicating the information gathered. These maps shall be on reproducible "D- sized" plan sheets (24" x 36" plans). C. Prepare utility and street cross sections at various locations where potential conflicts exist between the existing utilities and the proposed water transmission main. Provide approximately 20 of these cross sections. Such sections shall show the size, depth and location of the existing utilities, the location of curbs, gutters, sidewalks, medians, striping and other surface improvements. D. Provide field investigations along each of the proposed pipeline routes. Such investigations shall verify the information gathered from the various utility agencies and shall identify any other improvements which may be obvious to the trained engineers' eye. E. Prepare plans showing the most practical location of the pipeline within the right -of -way for each of the two proposed routes. This proposed alignment shall be plotted on the maps referenced hereinabove. F. Attend project coordination or other meetings as may be required to monitor and complete the tasks appurtenant to the work described herein. G. Provide a brief written summary of findings for the proposed alignments and utility research performed. Include a recommendation for the optimum alignment based on the information gathered. Comments shall address the permit requirements for pavement, compaction, backfill, and traffic control for underground construction in the City of Costa Mesa and other jurisdictions which may be crossed, exclusive to the City of Santa Ana. III. DUTIES OF THE CITY In order to assist CONSULTANT in the execution of his responsibilities under this Agreement, CITY agrees to provide the following: A. Assist CONSULTANT during the field reconnaissance phase of the work. Provide direction and assistance in determining the amount and location of work required. B. Provide background information and reports as have been previously prepared and which may be germane to the proper preparation and completion of the plans and specifications. 2 of 7 0 0 IV. TIME OF COMPLETION CONSULTANT shall commence work within one (1) week from the date of execution of this Agreement, and shall complete the work as required and described hereinabove within sixty (60) calendar days of the same date. V. OWNERSHIP OF DOCUMENTS Original drawings, reports, notes, maps and other documents relating to the plans shall become the exclusive property of CITY and may be reproduced as deemed necessary by the City Engineer or his duly authorized representative. No report, drawing, map, document or other data given to or prepared or assembled by CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by CONSULTANT without prior written approval by CITY. VI. RIGHT OF TERMINATION A. CITY reserves the right to terminate this Agreement at any time by giving CONSULTANT seven (7) days' prior written notice. Notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to CONSULTANT's business office at 4840 Irvine Boulevard, Suite 208, Irvine, California 92720. B. In the event of termination due to errors, omissions, or negligence of CONSULTANT, CITY shall be relieved of any obligation to compensate CONSULTANT for that portion of work affected by such errors, omissions, or negligence of CONSULTANT. If this Agreement is terminated for any other reason, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of the fee schedule contained herein. VII. SUBCONTRACTORS AND ASSIGNMENT A. None of the services included in this Agreement shall be contracted or subcontracted without the prior written approval of CITY. B. CONSULTANT shall not assign or transfer any interest in this Agreement, whether by assignment or ovation, without the prior written consent of CITY; provided, however, that claims for money due or to become due CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished by CITY. 3 of 7 VIII. PAYMENT AND FEE SCHEDULE A. In consideration for the performance of the specified services, CITY hereby agrees to compensate CONSULTANT on an hourly basis as set forth hereinbelow in the "FEE SCHEDULE ". In no event shall said amount be greater than the amount of Twelve Thousand Seven Hundred Twenty -four Dollars ($12,724.00) except as otherwise provided for herein. B. Hourly Salary Cost: Personnel Hourly Rates Principal $ 60.00 Project Manager 48.00 Registered Engineer 41.00 Design Engineer $ 32.00 Designer 28.00 Senior Draftsman 21.00 Draftsman 18.00 3 Man Survey Crew $140.00 2 Man Survey Crew 120.00 Computer Aided Design & Drafting $ 60.00 Computer Time 25.00 Clerical 15.00 C. The contract amount shall be paid to CONSULTANT in monthly partial payments based on amount earned each month based on actual hours of labor expended as determined by the Project Engineer for CITY. The sum of the monthly partial payments shall not exceed Ninety Percent (90 %) of the maximum fee as set forth in paragraph "A ", hereinabove. The balance of the total amount earned shall be paid upon completion of the work specified herein. D. In addition, CITY agrees to reimburse actual cost of reproduction of copies of said plans and well as filing fees, checking fees, and materials costs being performed and for other related costs authorized Engineer for CITY or his duly authorized representative been advanced by CONSULTANT. IX. ADDITIONAL SERVICES CONSULTANT for the related documents, as related to the work in advance by the City where such costs has No change in character, extent, or duration of the work to be performed by CONSULTANT shall be made without prior written approval from CITY. In consideration for performance of additional services authorized by CITY in writing, CITY hereby agrees to compensate CONSULTANT an amount based upon the hourly rate as submitted to the CITY in a FEE SCHEDULE, except that an increase in the total compensation exceeding One Thousand Two Hundred Seventy -five dollars ($1,275.00) shall require that an amended agreement for such additional services be executed by the CONSULTANT and CITY. 4 of 7 0 0 X. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of the services under this contract. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as deemed necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. XI. INSURANCE A. On or before the date of commencement of the term of this Agreement, CONSULTANT shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Such certificates which do not limit CONSULTANT's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate may not be canceled or materially altered, except after Ten (10) days' written notice has been received by CITY." B. CONSULTANT shall maintain in force at all times during performance of this Agreement policies of insurance required by this Agreement; and said policies of insurance shall be secured from an insurance company assigned Policy Holder's Rating of "B" (or higher) and Financial Size Category Class XV (or larger) in accordance with an industry -wide standard and licensed to do insurance business in the State of California. 1. An appropriate industry -wide insurance rating standard shall be deemed "BEST'S KEY RATING GUIDE," latest edition. coverages: C. CONSULTANT shall maintain the following minimum insurance Liability Insurance General liability coverage in the following limits: Bodily Injury $ 50,000 each person $ 50,000 each occurrence $100,000 aggregate Property Damage $100,000 each occurrence $100,000 aggregate A combined single limit policy with aggregate limits in the amount of $250,000 will be considered equivalent to the required minimum limits. 5 of 7 0 0 D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide insurance, CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. E. Failure to Secure If CONSULTANT at any time during the term of this Agreement, should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in CONSULTANT's name or as an agent of CONSULTANT and shall be compensated by CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. F. Additional Insured CITY, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to CITY primarily, and to CONSULTANT secondarily, if necessary. XII. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. XIII. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable cost of litigation. 6 of 7 • 0 XIV. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. XV. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless, CITY, its City Council, boards and commissions, officers, agents, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to CONSULTANT's negligent acts, errors, omissions, or work conducted pursuant to this Agreement or arising from or in any manner connected to persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. PROVED AST FORM: Carol o ade Assistant City Attorney Address and Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 (714) 644 -3311 CITY OF NEWPORT BEACH, a Mu ct al Comp- oration By 1 Rdbert L. Wynn City Manager DEREK J. MCGREGOR, Professional Engineers n(& Planners By � D , �- M Derek J. Mc egor i Principal, ONSULTANT Derek J. McGregor Professional Civil Engineers & Planners 4840 Irvine Boulevard, Suite 208 Irvine, California 92720 (714) 730 -5256 7 of 7 .. ^. (;IT'( CLERIC FILE • COtoT =2o, L1 PROFESSIONAL SERVICES AGREEMENT FOR HYDROGEOLOGIC CONSULTING AND FIELD SERVICES FOR THE SANTA ANA GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this 19'16 day of Jumc , 1987, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and RICHARD C. SLADE, CONSULTING GROUNDWATER GEOLOGIST, an individual hereinafter referred to as "CONSULTANT. W I T N E S S E T H: WHEREAS, CITY is a member in good standing to the Orange County Water District and is in the process of becoming a fully annexed member, and as such has water rights within the groundwater basin; and WHEREAS, CITY is desirous of maintaining a safe reliable source for its public drinking water supply pursuant to the City Charter and the Federal Safe Drinking Water Act; and WHEREAS, developing the aforementioned water rights will provide a more economical and reliable public water system; and WHEREAS, CITY is desirous of optimizing the quality and quantity of water for development; and WHEREAS, CITY has developed a comprehensive plan to produce ground- water via a cooperative project with the City of Santa Ana known as the Santa Ana Wellfield Project, hereinafter referred to as "PROJECT "; and WHEREAS, CONSULTANT has submitted a proposal for costs and services as outlined herein below; and WHEREAS, CITY desires to accept said proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto do agree as follows: I. GENERAL A. CITY engages CONSULTANT to perform the described services for the consideration hereinafter stated. B. CONSULTANT agrees to perform the described services in accor- dance with the terms and conditions hereinafter set forth. 1 of 7 0 0 C. CONSULTANT agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. Consultant shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by CITY. II. SERVICES TO BE PERFORMED BY CONSUL CONSULTANT shall provide the following listed professional ser- vices to CITY. A more detailed explanation for said professional services is contained and enumerated in the CONSULTANT's proposal dated April 24, 1987 (document no. PS8707). A. Provide a thorough data review of the existing hydrogeology, data, records, reports and information on water quality and other existing wells and provide a detailed report of conclusions and recommendations for three potential well sites. B. Conduct site reconnaissance of the three prospective well sites, evaluate and prioritize them based on site and hydrogeologic conditions. C. Write and prepare the technical provisions for one pilot -hole and final well specifications for that same well and site. The following items all pertain to the installation of a single pilot well and the completion of that pilot well to a full -size production well on one of the three selected sites. D. Prepare a detailed Engineer's Estimated Cost for construction and testing of one well, exclusive of the above - ground appurtenances for the finished well site. E. Provide a review, check and analysis of the project plans and specifications prior to bidding. F. Assist in the Bid Process and attend the pre -bid conference, analyze bid results and provide a recommendation for Award of Contract. G. Assist in the coordination of the construction. Attend the pre- construction meeting and assist in the initial field coordination, mobiliza- tion of the contractor. H. Observe and monitor the pilot hole drilling and construction, including geotechnical evaluation of strata and performance of E -logs. Conduct and direct the selection of zone isolation sampling and testing from two aquifer zones, including monitoring of pumping and sample collection. I. Make recommendations for well completion regarding all signi- ficant aspects such as casing lengths, diameters, material, well screen/ perforation locations and sizes, gravel -pack type and gradation. J. Provide on -site monitoring of well completion, casing, screen and gravel -pack and sanitary seal installations. Submit field memoranda to document and record daily activities. testing. K. Observe and monitor the well casing alignment and plumbness 2of7 • • L. Observe and monitor well development, pump testing, step - drawdown testing and make recommendations for final pumping rates with submit- tals of field memoranda. Observe and monitor the collection of water samples for water quality testing. M. Provide a final hydrogeological analysis of the data obtained during the construction operations. Provide a detailed report summary of the construction activities, "as- built" data for the completed well, all data acquired during the logging and testing and make recommendations for operational yield, final pump placement and capacity. III. DUTIES OF THE CITY In order to assist CONSULTANT in the execution of his respon- sibilities under this Agreement, CITY agrees to provide the following: A. Assist CONSULTANT in obtaining copies of well logs, reports, plans and data related to the hydrogeological investigation. B. Any other additional information as may be in existence and available which the parties may agree to be beneficial to the design and /or other duties of CONSULTANT as outlined herein. C. Bid and award the contract for the pilot well construction (or provide this service via assignment to the City of Santa Ana). D. Assign or arrange for staff and /or other personnel for field inspection for phases of the work not fully covered in CONSULTANT's required services as listed herein above. IV. TIME OF COMPLETION CONSULTANT shall commence work within one (1) week from the date of execution of this Agreement, and shall complete the work within One Hundred Twenty (120) calendar days of the date first above written. V. OWNERSHIP OF DOCUMENTS Original drawings, reports, notes, maps and other documents relating to the plans shall become the exclusive property of CITY and may be reproduced as deemed necessary by the City Engineer or his duly authorized representative. No report, drawing, map, document or other data given to or prepared or assembled by CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by CONSULTANT without prior written approval by CITY. VI. RIGHT OF TERMINATION A. CITY reserves the right to terminate this Agreement at any time by giving CONSULTANT seven (7) days' prior written notice. Notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to CONSULTANT's business office at 4950 Bellaire Avenue, North Hollywood, California 91607. 3of7 9 9 B. In the event of termination due to errors, omissions, or negligence of CONSULTANT, CITY shall be relieved of any obligation to compensate CONSULTANT for that portion of work affected by such errors, omissions, or negligence of CONSULTANT. If this Agreement is terminated for any other reason, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of the fee schedule contained herein. VII. SUBCONTRACTORS AND ASSIGNMENT A. None of the services included in this Agreement shall be contracted or subcontracted without the prior written approval of CITY. B. CONSULTANT shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of CITY; provided, however, that claims for money due or to become due CONSULTANT from CITY under this Agreement may be assigned to a bank, trust com- pany or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished by CITY. VIII. PAYMENT AND FEE SCHEDULE A. In consideration for the performance of the specified ser- vices, CITY hereby agrees to compensate CONSULTANT an amount based upon the hourly rate schedule set forth below. In no event shall said amount be greater than the amount of Thirty Thousand Dollars ($30,000) except as otherwise pro- vided for herein. B. Hourly Salary Cost: Personnel Hourly Rates Hydrogeologist and Engineering Geologist $80.00 Senior Geologist $52.00 Staff Geologist $44.00 Graphics $31.00 Clerical $27.00 C. The contract amount shall be paid to CONSULTANT in monthly partial payments based on the amount earned each month, as determined by the fee schedule. The sum of the monthly partial payments shall not exceed Ninety Percent (90 %) of the maximum fee as set forth in paragraph "A." herein above. The balance of the total amount earned shall be paid upon completion of the work specified herein. D. In addition, CITY agrees to reimburse CONSULTANT for the actual cost of reproduction of copies of said plans and related documents, as well as computer costs, filing fees, checking fees, and materials costs related to the work being performed plus Fifteen Percent (15 %) and for other related costs authorized in advance by the City Engineer for CITY or his duly authorized representative where such cost have been advanced by CONSULTANT. 4 of 7 IX. ADDITIONAL SERVICES E No change in character, extent, or duration of the work to be per- formed by CONSULTANT shall be made without prior written approval from CITY. In consideration for performance of additional services authorized by CITY IN WRITING, CITY hereby agrees to compensate CONSULTANT an amount based upon the hourly rate shown in the FEE SCHEDULE hereinabove; except that an increase in the total compensation exceeding Three Thousand Dollars ($3,000) shall require that an amended agreement for such additional services be executed by CONSULTANT and CITY. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of the services under this contract. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as deemed necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. XI. INSURANCE A. On or before the date of commencement of the term of this Agreement, CONSULTANT shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Such certificates which do not limit CONSULTANT's indem- nification, shall also contain substantially the following statement: "The insurance covered by this certificate may not be cancelled or materially altered, except after Ten (10) days' written notice has been received by CITY." B. CONSULTANT shall maintain in force at all times during perfor- mance of this Agreement policies of insurance required by this Agreement; and said policies of insurance shall be secured from an insurance company assigned Policyholder's Rating of "B" (or higher) and Financial Size Category Class XV (or larger) in accordance with an industry -wide standard and licensed to do insurance business in the State of California. 1. An appropriate industry -wide insurance rating standard shall be deemed "BEST'S KEY RATING GUIDE," latest edition. coverages: C. CONSULTANT shall maintain the following minimum insurance Liability Insurance General liability coverage in the following limits: Bodily Injury Property Damage 5 of 7 $250,000 each person $500,000 each occurrence $500,000 aggregate $500,000 each occurrence $500,000 aggregate A combined single limit policy with aggregate limits in the amount of $500,000 will be considered equivalent to the required minimum limits. D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide insurance, CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. E. Failure to Secure If CONSULTANT at any time during the term of this Agreement, should fail to secure or maintain the foregoing insurance, CITY shall be per- mitted to obtain such insurance in CONSULTANT's name or as an agent of CONSULTANT and shall be compensated by CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. F. Additional Insured CITY, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement. Additionally, the City of Santa Ana, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured. The naming of an addi- tional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to CITY pri- marily, and to CONSULTANT secondarily, if necessary. RIMIMMYRIN A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. XIII. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable cost of litigation. 6of7 XIV. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. XV. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless, CITY, its City Council, boards and commissions, officers, agents, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to CONSULTANT's errors, negligent acts, omissions, or work conducted pursuant to this Agreement or arising from or in any manner connected to persons firms or corporations furnishing or supplying work, services, materials, equip- ment or supplies thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. APPROVED AS TO FORM: Carol Kora e Assistant City Attorney Address and Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 (714) 644 -3311 Richard C. Slade 4950 Bellaire Avenue North Holywood, CA 91607 (818) 506 -0418 CITY OF NEWPORT BEACH, a Municipal Corporation By a, --a (, - 'Robert L. Wynn City Manager CITY RIC GRO 0 7 of 7 Groundwater Geologist CONSULTANT