HomeMy WebLinkAboutC-2695 - Supplemental Water Supply from Orange County Groundwater BasinAGREEMENT
PROFESSIONAL SERVICES RELATED TO PLANNING FOR A
SUPPLEMENTAL WATER SUPPLY
FROM THE ORANGE COUNTY GROUNDWATER BASIN
THIS AGREEMENT is made and entered into this 7.91B day of
April 1988, by and between the "City of Newport Beach ", a municipal
Corporation, hereinafter referred to as "CITY ", and 'James M. Montgomery,
Consulting Engineers, Incorporated ", a California Corporation, hereinafter
referred to as "CONSULTANT ".
WITNESSETH;
WHEREAS, the "CITY" is located in Southern California, an and
region, and;
WHEREAS, "CITY" is charged with providing public water supply for
domestic consumption and fire protection to all of its residents, and;
WHEREAS, the "CITY" is also located in a region of rapid population
growth and intensifying development, and;
WHEREAS, planning for such circumstances requires the "CITY" to
provide additional reliable sources of water supply in accord with its master
plan, and;
WHEREAS, the "CITY" has identified a supplemental source for its
water supply, that being groundwater from the Orange County Basin, and;
WHEREAS, the task of developing said water source includes
installation of water wells, and;
WHEREAS, the "CITY" undertaken considerable study and
preliminary engineering effort to formulate a water well field project, and;
WHEREAS, the "CITY" has requested a proposal for assistance in the
planning and implementation of said project 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;
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NOW THERFORE, 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.
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 ".
H. 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. Provide consulting services as directed by the Project
Manager for the "CITY" to assist with planning and liaison with the City of
Fountain Valley and the Orange County Water District.
1. Review the proposed alternatives and recommend
actions to the "CITY" as are appropriate to minimize or negate adverse
impacts to other agencies.
2. Consider Orange County Water District policy,
regulations, and operational responsibilities of the groundwater basin.
3. Consider programs and policies administered by the
Metropolitan Water District of Southern California with respect to
water supply, delivery and pricing programs.
B. Attend meetings and provide input as liaison between the
"CITY" and the City of Fountain Valley, and the Orange County Water
District (and other agencies, if necessary).
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1. Provide input related to past experience with the
operation of the Orange County Water Basin Management and
Groundwater Recharge Program.
2. Assist the City in obtaining technical information
from the Orange County Water District Staff regarding the long -term
impacts of the proposed project on the groundwater basin. Obtain
information from the District's computer model of the groundwater
basin.
3. Assist the "CITY" in presenting the project to other
agencies as a positive public benefit.
4. Assist the "CITY" with the preparation of an
agreement (if necessary) with the City of Fountain Valley. Such
assistance may require attendance at meetings, numerous telephone
conversations and a review of any written agreements that may be
drafted.
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 other
information as is available or in existence, which may be germane to the
planning efforts toward implementation of the project.
B. Act as the lead agency for the project and direct
"CONSULTANT" with respect to tasks as are appurtenant to the gathering of
information or performance of the required planning or duties pursuant to
this "Professional Services Agreement ".
IV. TIME OF COMPLETION
"CONSULTANT" shall commence work immediately upon
receipt of written notice to proceed. Work as required herein, due to its
preliminary nature, cannot be accurately scheduled. However, all tasks
associated with this project and "Professional Services Agreement" shall be
completed in a diligent and efficient manner to the execution of its
completion. The term of this Agreement shall expire ninety (90) calendar
days after the date first written herein above, whether all of the specified
duties are completed or not. It is agreed and understood by both parties, that
this is sufficient time to complete all such activities and tasks.
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V. OWNERSHIP OF DOCUMENTS
Original drawings, reports, notes, maps and other documents
relating to the project 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 30 Corporate Park, Suite 310, Irvine, California, 92714.
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 prior written approval of "CITY ".
B. "CONSULTANT" agrees that the largest majority (if not
all) of the work effort associated with the duties specified herein, shall be
performed by " CONSULTANT's" program manager, Mr. Neil M. Cline. Any
substitution of personnel, without the prior written consent of "CITY" shall
be cause for immediate termination of this Agreement.
C. "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 ".
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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 five thousand nine hundred
dollars ($5,900.00) except as otherwise provided for herein.
B. PAYMENT AND FEE SCHEDULE
personnel
Senior Company Officer ........................... ..............................$
Principal Professional.. ...........................................................
Supervising Professional ........................ ...............................
Senior Professional- .................................................................
Professional................................................ ...............................
Associate Professional .............................. ...............................
Assistant Professional .............................. ...............................
Supervising Designer ............................... ...............................
SeniorDesigner ......................................... ...............................
Designer...................................................... ...............................
Senior Resident Engineer ....................... ...............................
Resident Engineer - Inspector .................. ...............................
Secretary...................................................... ...............................
Reproduction Typist ................................. ...............................
Clerk............................................................. ...............................
Survey Party (3 -man) ............................... ...............................
Survey Party (2 -man) ............................... ...............................
hourly rates
140.00
120.00
75.00
64.00
53.00
44.00
31.00
76.00
59.00
28.00
72.00
47.00
35.00
32.00
24.00
161.00
116.00
C. 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 Manager 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.
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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 the "FEE
SCHEDULE" above, except that an increase in the total compensation exceeding
eleven hundred dollars ($1,100.00) 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.
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 n Qco� 6Dl` oe
awl, 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.
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C. "CONSULTANT" shall maintain the following
minimum coverages:
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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.
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.
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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.
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 ".
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:
('61� ku&
CaroFKoracTe
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
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CITY OF NEWPORT BEACH,
a municipal corporation
i
Robert L. Wynn
City Manager
James M. Montgomery, Consulting
Engineers, Incorporated
a California corporation
L#-
Robert F. Seeman
"CONSULTANT"
James M. Montgomery,
Consulting Engineers, Inc.
30 Corporate Park, Suite 310
Irvine, California 92714
(714) 261 -7210