HomeMy WebLinkAboutC-4943 - Agreement for Sharing Consultants Costs for 2010 Urban Water Management PlansCost Sharing Agreement for 2010 UWMP -Final 5 -28 -10
AGREEMENT FOR SHARING CONSULTANT COSTS
FOR 2010 URBAN WATER MANAGEMENT PLANTS
THIS AGREEMENT is made and entered into as of J 2010, by
and between:
1. MWDOC
2. City of Anaheim
3. City of Buena Park
4. City of Fullerton
5. City of Garden Grove
6. City of La Palma
7. City of Orange
8. Serrano Water District
9. City of Seal Beach
10. City of Tustin
11. Yorba Linda Water District
12. East Orange County Water District
13. City of Fountain Valley
14. City of Newport Beach
15. City of Santa Ana
16. Mesa Consolidated Water District
17. City of San Clemente
18. El Toro Water District
19. South Coast Water District
20. Moulton Niguel Water District
21. City of San Juan Capistrano
22. Santa Margarita Water District
23. City of Brea
24. City of La Habra
25. Laguna Beach County Water District
(collectively "Participating Agencies" and individually "Participating Agency ") and the
Municipal Water District of Orange County ( "MWDOC"). The Participating Agencies and
MWDOC are also collectively referred to as "Parties."
RECITALS
WHEREAS, under California Water Code section 10621, subdivision (a), the
Participating Agencies are required to update their respective Urban Water
Management Plan ( "UWMP ") at least once every five years, on or before December 31
in years ending in five and zero; and
WHEREAS, this year water agencies have an additional 6 months, or until July
1, 2011, to update their respective UWMP; and
WHEREAS, each Participating Agency intends to prepare a separate 2010
UWMP for submission by July 1, 2011; and
Cost Sharing Agreement for 2010 UWMP — Final 5 -28 -10
WHEREAS, the Participating Agencies share many water supply characteristics,
including water sources, regional water management agencies, location, climate history,
and demographics; and
WHEREAS, pursuant to California Water Code section 10620, subdivision (d)(2),
the Participating Agencies wish to coordinate the preparation of their 2010 UWMPs in
the interest of reducing preparation costs; and
WHEREAS, the Participating Agencies and MWDOC desire to cooperate with
each other to obtain economies of scale and thereby reduce preparation costs for each
of the Participating Agencies; and
WHEREAS, MWDOC and the Participating Agencies have jointly prepared and
agreed to a Scope of Work that was incorporated into a Request for Proposals that was
sent to a number of competent Consulting Firms, two of which submitted proposals
which were reviewed by a working group of the Participating Agencies who
recommended selection of Malcolm Pirnie as the successful consultant to prepare
Urban Water Management Plans for the Participating Agencies, and
WHEREAS, MWDOC and its staff are willing to coordinate this process, including
the issuance of a Request for Proposal as described above, the review of proposals
received, the selection of a consultant, the preparation and administration of a
professional services agreement with the selected consultant; and the administration of
the cost sharing provisions of this Agreement;
NOW, THEREFORE, in consideration of the payment of money as set forth
below and the mutual promises of the Parties hereto, it is agreed:
1. Engagement of Consultant and Administration of Consultant Agreement
MWDOC shall award a professional services agreement for the work identified in
the Request for Proposals to Malcolm Pirnie ( "Consultant Agreement "). MWDOC
shall use its standard professional services agreement form for the Consultant
Agreement and require appropriate types and limits of insurance coverage. Each
CGL policy shall identify MWDOC, the Participating Agencies, and their directors,
officers, agents, employees, attorneys, consultants and volunteers as additional
insureds, or be endorsed to identify these parties as additional insureds using a
form acceptable to MWDOC. Coverage for additional insureds shall not be
limited to vicarious liability. The Consultant Agreement will require the
consultant's insurer(s) to waive all rights of subrogation against MWDOC, the
Participating Agencies, and their directors, officers, agents, employees,
attorneys, consultants and volunteers. The Consultant Agreement will require
consultant to ensure that its subconsultants, if any, provide similar insurance
coverage.
Cost Sharing Agreement for 2010 UWMP— Final 5 -28 -10
1.2 MWDOC shall coordinate all aspects of the proposed work with the selected
contractor and communicate with each Participating Agency, regularly and
upon request of the Participating Agency, regarding the status and substance
of its 2010 UWMP;
1.3 MWDOC shall make payments to the Consultant for progress payments as
work proceeds. MWDOC shall withhold 10% of each progress payment in a
retention fund until such time as every Participating Agency has notified
MWDOC that it is satisfied with the final UWMP prepared for it by Consultant.
1.4 Each Participating Agency shall provide all documents, information and
assistance requested by the selected contractor during the performance of
the Consultant Agreement.
2. Cost Sharing by Participating Agencies.
2.1 MWDOC shall:
2.1.1 Collect from each Participating Agency upon execution of this Agreement
the full amount of the portion of the total cost allocated to that Participating
Agency in the selected contractor's proposal, as attached in Exhibit A;
2.1.2 Inform each Participating Agency of any proposed extra work under the
Consultant Agreement that relates to preparation of that Participating
Agency's 2010 UWMP and that would result in an increase in that
Participating Agency's payment under this Agreement. MWDOC and the
affected Participating Agency must both approve such extra work before
MWDOC will notify Consultant to proceed on the work.
2.1.3 Be responsible for making progress payments directly to consultant from
funds paid to MWDOC by Participating Agencies (see section 1.3).
2.1.4 Prepare a final accounting and distribute any remaining funds collected
from the Participating Agencies back to the Participating Agencies or
make a final billing payment to Participating Agencies where there are
funds due.
2.2 Each Participating Agency shall:
2.2.1 Pay to MWDOC upon execution of this Agreement the full amount of the
portion of the total cost allocated to that Participating Agency in the
selected contractor's proposal, as attached in Attachment A;
Cost Sharing Agreement for 2010 UWMP — Final 5 -28 -10
2.2.2 Pay to MWDOC, upon approval of any extra work under the Consultant
Agreement that relates to preparation of its 2010 UWMP, the full amount
owed for the approved work. Each Participating Agency shall bear all
costs associated with extra work it approves.
3. Accounting
Upon request of any Participating Agency, MWDOC will provide copies of the
selected consultant's payments requests invoices and MWDOC's payment
records.
4. Independent Contractor
Any consultant engaged by MWDOC on behalf of the Participating Agencies
as contemplated in this Agreement will not be a party to this Agreement and
will not be an employee or agent of MWDOC or any of the Participating
Agencies, either as a result of this Agreement or as a result of a professional
services agreement between MWDOC and the consultant. Any consultant
engaged as contemplated in this Agreement will be an independent
contractor to MWDOC.
5. Warranty and Indemnification
MWDOC shall use its best efforts in administering the Consultant Agreement,
but makes no representations, guarantees or warranties to the Participating
Agencies as to the quality or timeliness of work product provided by the
selected contractor pursuant to the Consultant Agreement. The Participating
Agencies, and each of them, shall indemnify MWDOC, its directors, officers,
employees and agents against, and will hold and save them harmless from,
any and all actions, claims, penalties, obligations or liabilities, in law or in
equity, of every kind or nature whatsoever, that may be asserted or claimed
by any person, firm, entity, corporation, political subdivision or other
organization arising out of or in any manner directly or indirectly connected
with the 2010 UWMPs prepared pursuant to the Consultant Agreement. As
between the Participating Agencies, any costs associated with the indemnity
and defense obligations set forth in the previous two sentences shall be the
financial responsibility of each Participating Agency based on the same pro
rata basis as the allocation of costs set forth in Section 2.1.1 herein and
Exhibit A hereto. In the event MWDOC, its directors, officers, employees and
agents are made a party to any action or proceeding filed in connection with a
challenge to any 2010 UWMP prepared pursuant to the Consultant
Agreement, the Participating Agency whose 2010 UWMP is challenged shall
provide a complete defense to MWDOC, its directors, officers, employees and
agents and shall reimburse MWDOC for all costs and expenses incurred as a
result of the action or proceeding, including reasonable attorney's fees.
0
Cost Sharing Agreement for 2010 UWMP — Final 5 -28 -10
6. Notice
Any notice or communication required to be given under this Agreement shall
be in writing and effective when deposited, first class postage prepaid, with
the United States Postal Service addressed to the contracting Parties as
follows:
Notices to Parties
If to:
1.
MWDOC
Kevin P. Hunt, General Manager
Municipal Water District of Orange County
18700 Ward St.
P.O. Box 20895
Fountain Valley, CA 92728
2.
City of Anaheim
Thomas Wood, City Manager
City of Anaheim
City Hall East, 200 S. Anaheim Blvd.
Anaheim; CA 92805
3.
City of Buena Park
Rick Warsinski, City Manager
City of Buena Park
6650 Beach Blvd.
Buena Park, CA 90622
4.
City of Fullerton
Chris Meyer, City Manager
City of Fullerton
303 W. Commonwealth Avenue
Fullerton, CA 92832 -1775
5.
City of Garden Grove
Matthew Fertal, City Manager
City of Garden Grove
P.O. Box 3070
Garden Grove, CA 92842
6.
City of La Palma
Dominic Lazzaretto, City Manager
City of La Palma
7822 Walker Street
La Palma, CA 90623
7.
City of Orange
John Sibley, City Manager
City of Orange
P.O. Box 449
Orange, CA 92866
Cost Sharing Agreement for 2010 UWMP - Final 5 -28 -10
8.
Serrano Water District
David Noyes, General Manager
Serrano Water District
18021 Lincoln Street
Villa Park, CA 92861 -6446
9.
City of Seal Beach
David Carmany, City Manager
City of Seal Beach
211 8 °i Street
Seal Beach, CA 90740
10.
City of Tustin
William Huston; City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
11.
Yorba Linda Water District
Ken Vecchiarelli, General Manager
Yorba Linda Water District
1717 E. Miraloma
Placentia, CA 92870
12.
East Orange County Water
Lisa Ohlund, General Manager
District
East Orange County Water District
185 N. McPherson Rd.
Orange, CA 92869
13.
City of Fountain Valley
Ray Kromer, City Manager
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
14.
City of Newport Beach
Dave Kiff, City Manager/ George Murdoch,
City of Newport Beach Utilities Directo
P.O. Box 1768
Newport Beach, CA 92663
15.
City of Santa Ana
David Ream, City Manager
City of Santa Ana
P.O. Box 1988, M -24
Santa Ana, CA 92702
16.
Mesa Consolidated Water
Paul Shoenberger, General Manager
District
Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, CA 92627 -3420
17.
City of San Clemente
George Scarborough, City Manager
City of San Clemente
100 Avenida Presidia
San Clemente, CA 92672
M.
Cost Sharing Agreement for 2010 UWMP — Final 5 -28 -10
18.
El Toro Water District
Robert Hill, General Manager
El Toro Water District
P.O. Box 4000
Laguna Hills, CA 92654
19.
South Coast Water District
Michael Dunbar, General Manager
South Coast Water District
31592 West Street
Laguna Beach, CA 92651
20.
Moulton Niguel Water
Robert Gumerman, General Manager
District
Moulton Niguel Water District
27500 La Paz Road
P.O. Box 30203
Laguna Niguel, CA 92607 -0203
21.
City of San Juan Capistrano
Joe Tait, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
22.
Santa Margarita Water
John J. Schatz, General Manager & General
District
Counsel
Santa Margarita Water District
P.O. Box 7005
Mission Viejo, CA 92690
23.
City of Brea
Tom O'Donnell, City Manager
City of Brea
1 Civic Center Circle
Brea, CA 92821
24.
City of La Habra
Don Hannah, City Manager
City of La Habra
P.O. Box 337
La Habra, CA 90633 -0337
25.
Laguna Beach County
Renae Hinchey, General Manager
Water District
Laguna Beach County Water District
P.O. Box 987
Laguna Beach, CA 92652
7. Jurisdiction and Venue
In all matters concerning the validity, interpretation, performance, or effect of
this Agreement, the laws of the State of California shall govern and be
7
Cost Sharing Agreement for 2010 UWMP — Final 5 -28 -10
applicable. The Parties hereby agree and consent to the exclusive
jurisdiction of the courts of the State of California and that venue of any action
brought hereunder shall be in Orange County, California.
8. Joint Drafting
All parties have participated in the drafting of this Agreement. The Agreement
may be signed in counterpart to facilitate processing.
9. Severability
If any provision of this Agreement shall be held illegal, invalid, or
unenforceable, in whole or in part, the legality, validity, and enforceability of
the remaining provisions shall not be affected thereby.
10. Entire Agreement
This Agreement contains the entire agreement of the Parties relating to the
subject matter hereof; and the Parties have made no agreements,
representations, or warranties, either written or oral, relating to the subject
matter hereof that are not set forth herein. Except as provided herein, this
Agreement may not be modified or altered without prior written approval from
both parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the
day and year thereinafter written, which shall be and is the effective date of This
Agreement.
Cost Sharing Agreement for 2010 UWMP - Final 5 -28 -10
Execution of Agreement by Parties
1. MWDOC
Date
By:
Kevin P. Hunt, General Manager
Municipal Water District of Orange County
Approved as to Form:
Date
By:
Daniel J. Payne
General Counsel
2. City of Anaheim
Date
By:
Thomas Wood, City Manager
City of Anaheim
Approved as to Form:
Date
By:
City Attorney
3. City of Buena
Park
Date
By:
Rick Warsinski, City Manager
City of Buena Park
Approved as to Form:
Date
By:
City Attorney
0
Cost Sharing Agreement for 2010 UWMP
4. City of Fullerton
Date
By:
Chris Meyer, City Manager
City of Fullerton
Approved as to Form:
Date
By:
City Attorney
5. City of Garden
Grove
Date
By:
Matthew Fertal, City Manager
City of Garden Grove
Approved as to Form:
Date
By:
City Attorney
6. City of La Palma
Date
By:
Dominic Lazzaretto, City Manager
City of La Palma
Approved as to Form:
Date
By:
City Attorney
10
Cost Sharing Agreement for 2010 UWMP
7. City of Orange
Date
By:
John Sibley, City Manager
City of Orange
Approved as to Form:
Date
By:
Dave DeBerry
City Attorney
8. Serrano Water
District
Date
By:
David Noyes, General Manager
Serrano Water District
Approved as to Form:
Date
By:
General Counsel
Joel Kuperberg
9. City of Seal
Beach
Date
By:
David Carmany, City Manager
City of Seal Beach
Approved as to Form:
Date
By:
City Attorney
11
Cost Sharing Agreement for 2010 UWMP
10. City of Tustin
Date
By:
William Huston, City Manager
City of Tustin
Approved as to Form:
Date
By:
City Attorney
11. Yorba Linda
Water District
Date
By:
Ken Vecchiarelli, General Manager
Yorba Linda Water District
Approved as to Form:
Date
By:
General Counsel
Arthur Kidman
12. East Orange
County Water
Date
District
By:
Lisa Ohlund, General Manager
East Orange County Water District
Approved as to Form:
Date
By:
General Counsel
Joan Amason
12
Cost Sharing Agreement for 2010 UWMP
13. City of Fountain
Valley
Date
By:
Ray Kromer, City Manager
City of Fountain Valley
Approved as to Form:
Date
By:
City Attorney
14. City of Newport
Beach
Date bI 3CA X-io
ATTEST:
By: � & l^ 1
Dave lfiff, City Manager
City of Newport Beach
13y.
Leilani I. row
Approved as to Form:
C' Clerk
Wpp�
Date vim,
City Attorney
cq�rroaN�P
15. City of Santa Ana
Date
By:
David Ream, City Manager
City of Santa Ana
Approved as to Form:
Date
By:
City Attorney
13
Cost Sharing Agreement for 2010 UWMP
16. Mesa
Consolidated
Water District
Date
By:
Paul Shoenberger, General Manager
Mesa Consolidated Water District
Approved as to Form:
Date
By:
Robert Anslow
General Counsel
17. City of San
Clemente
Date
By:
George Scarborough, City Manager
City of San Clemente
Approved as to Form:
Date
By:
City Attorney
18. El Toro Water
District
Date
By:
Robert Hill, General Manager
El Toro Water District
Approved as to Form:
Date
By:
Gil Granito
General Counsel
14
Cost Sharing Agreement for 2010 UWMP
19. South Coast
Water District
Date
By:
Michael Dunbar, General Manager
South Coast Water District
Approved as to Form:
Date
By:
Betty Burnett
General Counsel
20. Moulton Niguel
Water District
Date
By:
Robert Gumerman, General Manager
Moulton Niguel Water District
Approved as to Form:
Date
By:
Patricia B. Giannone
General Counsel
21. City of San Juan
Capistrano
Date
By:
Joe Tait, City Manager
City of San Juan Capistrano
Approved as to Form:
Date
By:
City Attorney
15
Cost Sharing Agreement for 2010 UWMP
22. Santa Margarita
Water District
Date
By:
John J. Schatz, General Manager & General Counsel
Santa Margarita Water District
23. City of Brea
Date
By:
Tom O'Donnell, City Manager
City of Brea
Approved as to Form:
Date
By:
City Attorney
24. City of La Habra
Date
By:
Don Hannah, City Manager
City of La Habra
Approved as to Form:
Date
By:
City Attorney
16
Cost Sharing Agreement for 2010 UWMP
25. Laguna Beach
County Water Date
District
By:
Renae Hinchey, General Manager
Laguna Beach County Water District
Approved as to Form:
Date
By:
Paula Meyer
General Counsel
17
Cost Sharing Agreement for 2010 UWMP - Final 5 -28 -10
t'J east change county water Ulsincrs Based cost Is $3,5de more due to the tact that the UWMP will Include both its wholesale and retail zone.
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ATTACHMENT A
For Development of Urban Water Management Plans
for 2010
Itemized Time and Materials Cost Allowance (Contingency Items)
Total
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Budget Groupings of Agencies
Base Cost
so
1.
MWDOC
$25,207
$
900
$2724
$0 $1,908
$3,172
$1,032
$3,000
$37,943
0 0
2.
City of Anaheim not parl of MWDOC
$16,486
$
900
$2,724
$0 $1,908
$3,172
$1,032
$3,000
$29,222
3.
City of Buena Park
$16,486
S
900
$2,724
$3,004
$1,908
$3,172
$1,032
$3,000
$32,226
4.
City of Fullerton not a part of MWDOC
$16,486
$
900
$2,724
$0
$1,908
$3,172
$1,032
$3,000
$29,222
5.
City of Garden Grove
$16,486
$
900
$2,724
$0
$1,908
$3,172
$1,032
$3,000
$29,222
6.
City of La Palma
$16,486
$
900
$2,724
$3,004
$1,908
$3,172
$1,032
$3,000
$32,226
7.
City of Orange
$16,486
$
900
$2,724
$0
$1,908
$3,172
$1,032
$3,000
$29,222
Serrano Water District
$16,486
$
900
$2,724
$3004
$1,908
$3172
$1,032
$3,000
$32,226
Cil of Seal Beach
$16,486
$
900
$2,724
$0
$1,908
$3,172
$1,032
$3,000
$29,222
r12.
Cit of Tustin
$16,486
$
900
$2 724
$0
$1,908
$3 172
$1,032
$3,000
29,222
Yorba Linda Water District
$16,486
$
900
$2724
$3,004
$1,908
$3,172
$1,032
$3,000
$32,226
East Oran a Count Water District'
$19,986
S
900
$2,724
$3,004
$1,908
$3,172
$1,032
53,000
$35,726
o e
13.
of Fountain Valle
$17,095
$
900
$2,724
$0
$1,908
$3,172
$1,032
$3,000
$29,831
14.
City of New or' Beach
$17,095
$
Suit
$2,724
$0
$1,908
$3.172
51,032
$3,000
$29,831
15.
Cil Ana not a art of MWDOC
L
$17,095
$0
$0
$0
$1,908
$3,172
$1,032
$0
$23,207
16.
nsolidated Water District
$17,095
$
900
$2,724
$0
$1,908
$3 172
$1,032 1
$3,000
1
$29,831
17.
City of San Clemente
$16,850
11111 $
900 1
2,724
$1,908
$3,172
$1,032
$3,000
$29,586
18.
El Toro Water District
$16,850
$
900
$2,724
$1,908
$3,172
$1,032
$3,000
$29,586
19.
South Coast Water District
$16,850
$
900
$2,724
$1,908
$3,172
$1,032
$3,000
$29,586
20.
Moulton Niguel Water District
$16,850
$
900
$2,724
$1,908
$3,172
$1,032
$0
$26,586
21.
City of San Juan Capistrano
$16,850
$
900
$2,724
4_$3004
$0
$0
$1,032
$3,000
$24,506
22.
Santa Me arita Water District
$16,850
$
900
$2,724
$1,908
$3,172
$1,032
$3,000
$32,590
o
e
23.
City of Brea
$17,177
$
900
$2 724
$1,908
$3,172
$1,032
$3,000
$32,917
24.
Cit of La Habra
$17,177
$
900
$2,724
$1,908
$3,172
$1,032
$3,000
1
$32,917
25.
1 La una Beach Count Water District
$16,241
$
900
$2,724
$3,004
$1,908
$3,172
$1,032
$3,000
$31,981
LTotel
I
.I I
I
I
•III
.I :.I
t'J east change county water Ulsincrs Based cost Is $3,5de more due to the tact that the UWMP will Include both its wholesale and retail zone.
W