HomeMy WebLinkAboutC-2690 - Water Analysis & Master Plan UpdatingAGREEMENT
Cxrj CLERK
Oq,IWNAL
�.. C- VAO
PROFESSIONAL SERVICES FOR WATER SUPPLY ANALYSIS AND
MASTER PLAN UPDATING
THIS AGREEMENT is made and entered into this 2-5 1.1-1 day of
April 1988, by and between the "City of Newport Beach ", a municipal
Corporation, hereinafter referred to as "CITY ", and "Ott Water Engineers,
Incorporated ", a California Corporation, hereinafter referred to as
"CONSULTANT ".
WITNESSETH:
WHEREAS, the "CITY" has undergone substantial development since
the last preparation of its water and sewer master plan, and;
WHEREAS, additional development may require the "CITY" to expand
its capacity to properly deliver essential services, such as public water supply,
and;
WHEREAS, the "CITY" is reviewing its ability to supply water under
current and future conditions, and;
WHEREAS, the task of performing such a review requires considerable
study and preliminary engineering efforts, and;
WHEREAS, the "CITY" has requested a proposal for the performance
of said services, evaluation, planning and preliminary engineering from
"CONSULTANT", 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, it is mutually
agreed and understood that:
I. GENERAL
A. "CITY" engages "CONSULTANT' to perform the
described services for the consideration hereinafter stated.
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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 the "CITY ".
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following listed professional
services to "CITY ". A detailed explanation for said services is outlined as follows
and is in accord with the "CONSULTANT's" proposal dated March 29, 1988:
A. Perform a thorough concept review with City staff to
identify the capacity of the existing water supply system of the "CITY" and to
better define the scope of the required "Master Plan" update.
B. Assimilate all basic system information and data needed
to prepare an updated water "Master Plan ". Specific requirements to include:
1. Collection, review and evaluation of all past reports
and studies as are existing and available.
2. Collect operational records and information by
conducting meetings with City staff, both operational and managerial.
Such records to include information on historical water consumption,
operational and delivery costs and any maintenance problems of
significance.
3. Collection of population and development
projections by meeting with the City Planning Department staff.
Obtaining land use and zoning data.
4. Collection of all facilities data related to the water
system including City Atlas Maps showing the location and size of all
pipelines, pumps, wells, reservoirs, pressure regulators and existing
topography. Data shall include relevant information on the
operational characteristics of pumps, reservoirs and regulators.
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C. Formulate a water system model for input onto a micro-
computer. Water system model shall be performed utilizing software
marketed by GCN Hydronet inc., known as FAAST. The model formulation
shall include coding data for input which consists of the following elements:
1. Pipelines with their length, diameter and Hazen -
Williams roughness coefficient. All pipes with an 8 -inch diameter or
larger shall be coded for initial entry. Other sizes may be input where
they are necessary to accurately represent the water system operation or
where loops need to be closed.
2. Nodes with their elevation and coordinates. Nodes
shall include all intersection locations for the pipelines. Nodes may or
may not coincide with street intersections. Unconnected nodes shall be
input where there exists a probability that future water system
improvements or expansions may bring pipelines.
3. Reservoirs with their operating elevation ranges
consisting of inlet, outlet, altitude valve and overflow data. Where
altitude or other control mechanisms exist, they shall be modeled.
4. PRV's (pressure reducing or regulating valves)
shall be input for modeling with their normal operating conditions,
upstream and downstream settings, etc.
5. All pumping units shall be modeled with their
performance curve data, normal operating duty and maximum duty
conditions.
6. Water wells (proposed) shall be modeled with their
pump performance curves, static and pumping water levels, elevation
and duty data estimated.
7. All system operating valves shall be modeled.
Such valves shall include normally closed valves, major system
sectionalizing valves and reservoir isolation valves.
8. Localized water consumption demands shall be
modeled which shall include the various demand character
(residential, commercial, industrial, irrigation or agricultural).
a. Time related demands and peaks shall also
be modeled. These include daily demand characteristics; weekly,
monthly and annual demands.
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9. Wholesale supplemental water connections (MWD
turnouts) shall also be modeled with their operational control valving
and volume capacities. This shall include any main -line, by -pass line
pressure and rate -of -flow control valving, elevation and head data.
10. All data input shall be coordinated closely with the
City staff. The results of the initial development shall be thoroughly
reviewed by City staff to determine model accuracy with respect to the
operation of the water system before proceeding to the step of "model
calibration ".
D. Calibrate the model to accurately represent the actual
operational capacity of the water system. Model calibration shall consist of
the following tasks:
1. Field calibration testing consisting of cooperatively -
run hydrant flow testing utilizing both "CITY" and "CONSULTANT"
personnel. Field testing shall consist of both spot checking of system
pressures and flow testing of fire hydrants. Tests shall be conducted in
no less than two (probably four) locations in each hydraulic gradient or
pressure zone (of which there are 16 in the existing City system).
2. All meters on pumping units and supply sources
shall be monitored and recorded during the calibration process.
3. Results of the field data collection program shall be
analyzed and compared with the computer model runs under similar
conditions.
4. Where anomalies are found to occur for the
various input devices, such as control valves or pumping units; the
model shall be corrected and /or modified as necessary to produce an
accurate calibrated computer simulation model.
5. A final check on the calibrated system model shall
be made to compare the adjusted model with the field data and
operational criteria. The model shall be deemed adequately calibrated
when the model results closely simulate flow and pressure conditions
in the system under high flow and low pressure conditions.
E. Preparation of a summarizing technical memorandum
shall be done in the form of a report on the correlated computer model. Such
report shall summarize the model runs performed and the results of each.
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III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of his
responsibilities under this Agreement, "CITY" agrees to provide the
following:
A. Provide any background information, reports or "as- built"
drawings as may be available or are in existence, which may be germane to
the proper preparation and completion of the report or the required data
input for computer modeling.
IV. TIME OF COMPLETION
"CITY" acknowledges that "CONSULTANT" commenced work
on a verbal authority as of the date of the proposal. Work as required herein
shall be completed within one hundred twenty (120) working days from the
date of the execution of this Agreement.
V. OWNERSHIP OF DOCUMENTS
Original drawings, reports, notes, maps, computer data, and
other documents relating to the work herein specified shall become the
exclusive property of "CITY" and may be reproduced as deemed necessary by
"CITY" or its 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" three (3) days' prior written notice.
Notice shall be deemed served when delivered personally or upon deposit in
the United States mail, postage prepaid, addressed to the CONSULTANT's
business office at 27405 Puerta Real, Suite 360, Mission Viejo, California, 92691.
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.
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VII. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be
contracted or subcontracted without 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 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 to "CITY ".
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 herein below in the "FEE SCHEDULE ". In no event shall
said amount be greater than the amount of eighteen thousand five hundred
dollars ($18,500.00) except as otherwise provided for herein.
B. PAYMENT AND FEE SCHEDULE
personnel
Senior Principal Engineer ........................ ..............................$
Principal Engineer, Planner, Scientist .. ...............................
Senior Engineer, Planner, Scientist ...... ...............................
Associate Engineer, Planner, Scientist . ...............................
Assistant Engineer, Planner, Scientist .. ...............................
Staff Engineer, Planner, Scientist .......... ...............................
Junior Engineer, Planner, Scientist ....... ...............................
Technician.................................................. ...............................
Assistant Technician ................................ ...............................
Junior Technician ..................................... ...............................
Administrative Assistant ........................ ...............................
Word Processor ......................................... ...............................
Secretary...................................................... ...............................
JuniorClerk ................................................ ...............................
Resident Engineer ..................................... ...............................
Inspector...................................................... ...............................
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hourly rates
110.00
95.00
74.00
69.00
57.00
48.00
45.00
47.00
38.00
30.00
45.00
35.00
29.00
23.00
63.00
44.00
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C. In -house expenses of the "CONSULTANT" shall be
reimbursed as per the following:
expense item
hourly rates
Mini - Computer for Engineering Applications ........................ $ 30.00
Micro- Computer for Spreadsheets or Word Processing........... 8.00
D. In addition "CITY" agrees to reimburse "CONSULTANT' for
the actual cost plus fifteen percent (15 %), for reproduction of copies and expenses
related to the preparation of the specified report, the preliminary engineering
and other services authorized in advance by the Project Engineer for the "CITY"
or his duly authorized representative where such costs have been advanced by
"CONSULTANT".
E. The contract amount shall be paid to "CONSULTANT' in
monthly partial payments based on the amount earned each month based on
the 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" herein
above. The balance of the total amount earned shall be paid upon completion
of the work specified herein.
IX. ADDITIONAL SERVICES
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 eighteen
hundred fifty dollars ($1,850.00) shall require that an amended Agreement for
such additional services be executed by the "CONSULTANT' and "CITY ".
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 specified under this Agreement. 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.
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M. INSURANCE
A. On or before the date of execution 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 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 the
performance of this Agreement, policies of insurance required by this Agreement; and
said policies of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "B" (or higher) and Financial Size Category XV (or larger) in
accordance with an industry-wide standard and shall be licensed to do business in the
State of California.
1. An appropriate industry-wide insurance rating
standard shall be deemed "BEST'S KEY RATING GUIDE ", latest edition.
C. "CONSULTANT" shall maintain the following minimum coverages
Liability Insurance
General liability coverage shall be provided in the following
minimum limits:
CategQ Amount
Bodily Injury $
500,000
each person
$
500,000
each occurrence
$
1,000,000
aggregate
Property Damage $
100,000
each occurrence
$
250,000
aggregate
A combined single limit policy with aggregate limits in the amount
of $1,000,000 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.
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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 the 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 each such additional insured
would be entitled under this policy if not named as such; and an additional
insured named herein shall not be 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 different character.
)M 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 hereof, 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.
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'.
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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, equipment or supplies thereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the first date above written:
APPROVED AS TO FORM:
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Carol Korade
Assistant City Attorney
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92658 -8915
(714) 644 -3011
W1;
CITY OF NEWPORT BEACH
a municipal corporation
Ro ert L. Wynn
City Manager
OTT WATER ENGINEERS, INC.
a California corporation
C. Stephdh Bucknam Jr., RE
"CONSULTANT"
Ott Water Engineers, Inc.
27405 Puerta Real
Suite 360
Mission Viejo, California 92691
(714) 582 -2818