Loading...
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; 1 CIT'l Cn.,tpK Of lol"A& r. - a1o95 0 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). 2 0 0 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. 97 0 • 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 ". 0 • • 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. C 9 0 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. 0 • E C. "CONSULTANT" shall maintain the following minimum coverages: I"1:�1tI+�i.[iFi+ 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. 7 • 0 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 0 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