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