HomeMy WebLinkAboutC-2691 - Downcoast Planning and Design Report on Water Supply Analysis & Preliminary Facilities Design:3 iTl CLEKK O{LIpINgL
lAnITRACT Me. 2(p91
AGREEMENT
PROFESSIONAL SERVICES FOR DOWNCOAST WATER SUPPLY
ANALYSIS, PLANNING AND PRELIMINARY FACILITIES DESIGN
THIS AGREEMENT is made and entered into this 31 sr day of
March 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" is acting in contemplation of the annexation of
the unincorporated territory located easterly of Corona Del Mar, hereinafter
known as the downcoast area, and;
WHEREAS, such annexation would require the "CITY" to provide
additional essential services, including public water supply, and;
WHEREAS, the "CITY ", is reviewing its ability to supply water to the
"downcoast area ", sometimes referred to as "the Irvine Coastal Area', which
is easterly of the existing City boundary, 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 evaluation, planning and preliminary engineering services 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:
A. Perform a thorough review of the existing water supply
capacity of the "CITY's" water system. Evaluate and report on said system's
capacity related to the planned downcoast expansion.
B. Prepare a report on the additional required infrastructure,
transmission, supply and storage facilities for conveyance of water to the
downcoast area. Said report shall include the following principle items:
1. A review and summary of the City requirements
for water supply demand and standard system design criteria.
a. Including criteria for sizing the Coast
Highway Pipeline. (Replacement water is currently being
redesigned by James M. Montgomery Engineers for the Laguna
Beach County Water District as part of a joint powers
agreement.)
b. Including storage capacity requirements for
the proposed reservoirs. (Considering existing storage from Big
Canyon and San Joaquin Reservoirs.)
2. A review and summary of the water supply
demand and system design criteria of the "Irvine Ranch Water
District ", hereinafter known as "IRWD ".
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3. Determine and report on the compatibility of the
two agency's demand design requirements for the downcoast area.
4. Review and summarize the existing "Land Use
Plan" for the downcoast area, as prepared by "The Irvine Company ",
hereinafter known as "TIC" as it relates to "IRWD's" proposed water
system configuration and to the "CITY's" design criteria.
5. Review and report on the compatibility of the
pressure gradients proposed by "IRWD" with respect to the "CITY's
existing water system operation and pressure gradients.
C. Provide a brief summary and discussion on the costs of
the various water system improvements.
D. Perform other assigned consulting services related to the
planning and preliminary engineering of jointly owned ( "CITY" & IRWD)
water conveyance facilities such as pipelines and booster stations. These
services shall consist of at least the following:
1. Assist in the preliminary design, planning, field
investigation, research, negotiation and meetings as are necessary to
implement a jointly owned booster station and water supply source
from, or near the San Joaquin Reservoir.
2. Similarly assist with the implementation of a
jointly owned water transmission pipeline from the aforesaid booster
3. Assist with the implementation of jointly owned
water storage tanks as are required for downcoast water service.
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:
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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.
B. Assist with liaison between "CONSULTANT" and any
other Agency for any matters as are appurtenant to the gathering of
information or preparation of the required report pursuant to the
requirements of this 'Professional Services Agreement'.
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 forty five (45) working days from the date of the
execution of this Agreement.
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 "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 six thousand six hundred dollars
($6,600.00) except as otherwise provided for herein.
B. PAYMENT AND FEE SCHEDULE
personnel
Senior Principal Engineer ........................ ..............................$
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 ................................................ ...............................
ResidentEngineer ..................................... ...............................
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
C,
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 %, of 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 nine
hundred dollars ($900.00) 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:
Category 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.
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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 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 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 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.
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 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.
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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, equipment or supplies thereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the first date above written:
APPROVED AS TO FORM:
Carol Korade
Assistant City Attorney
Address and Telephone:
CITY OF NEWPORT BEACH,
a municipal corporation
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Robert L. Wynn
City Manager
OTT WATER ENGINEERS, INC.
a California corporation
C. Stepheri Bucknam Jr., P.E
"CONSULTANT"
City of Newport Beach Ott Water Engineers, Inc.
3300 Newport Boulevard 27405 Puerta Real
Post Office Box 1768 Suite 360
Newport Beach, California 92658 -8915 Mission Viejo, California 92691
(714) 644 -3011 (714) 582 -2818
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