HomeMy WebLinkAboutC-6255 - PSA for Oil Well Investigation Abandonment Consulting and Construction ManagementAGREEMENT
PROFESSIONAL SERVICES FOR
OIL WELL INVESTIGATION ABANDONMENT
CONSULTING AND CONSTRUCTION MANAGEMENT
THIS AGREEMENT is made and entered into and effective as of this
311 `T day of August 1992, by and between the City of Newport Beach, a
municipal Corporation, hereinafter referred to as "CITY ", and Sampson Oil
Company, a California Corporation, hereinafter referred to as
"CONSULTANT ".
WITNESSETH:
WHEREAS, the "CITY proposes to do certain field investigations
and excavations near 4313 Channel Place, Newport Beach, and;
WHEREAS, the field investigation may require oil and gas well
abandonment and expertise in supervising such work, and;
WHEREAS, the "CITY" has requested a proposal for such consulting
and field expertise and construction management for investigating and
working with oil and gas production related field equipment and
operations, and;
WHEREAS, "CONSULTANT" has agreed to provide the required
services as outlined herein below at an hourly rate, and;
WHEREAS, the "CITY" desires to accept said proposal;
NOW THEREFORE, in consideration of the foregoing, it is mutually
agreed and understood that:
GENERAL
A. "CITY" engages "CONSULTANT" to perform the
described services for the consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services
in accord with the terms and conditions hereinafter set forth.
C. "CONSULTANT" agrees that all services required hereunder
shall be performed under his /her direct supervision.
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following listed professional
and construction management services to "CITY ".
A. Observe field personnel and equipment activities in the
course of their efforts to excavate and expose certain underground piping and
appurtenances to determine if those underground items are associated with an
abandoned oil well.
B. Provide advice and direction to field personnel in the event
that an abandoned oil well is discovered.
C. Assist with the field work as necessary to safely backfill or
re- abandon the subsurface facilities causing the localized ground surface
settlement.
D. Act as a liaison with the City's Building Department staff
geologist and consult on appropriate actions.
E. Act as a liaison with the State of California, Division of
Oil & Gas staff personnel to evaluate the discoveries and the recommended
course of action.
F. Provide written reports or summaries of the findings and
recommendations and the actual work performed in the field.
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
field investigation.
B. The "CITY" shall be responsible for and obtain any required
permits from the governing agencies to perform the field investigation.
C. The "CITY" shall provide personnel and equipment and
materials necessary to carry out the field investigation and any abandonment
activities that are deemed viable and necessary to complete the abandonment.
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IV. OWNERSHIP OF DOCUMENTS
Original drawings, reports, notes, maps and other documents
relating to this contract 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 ".
V. 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 301 Ultimo Avenue, Long Beach, California 92814
B. 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 hourly rate
contained herein.
VI. 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 ".
VII. PAYMENT
A. In consideration for the performance of the specified services,
"CITY" hereby agrees to compensate "CONSULTANT" on an hourly basis at the
rate of $75.00 per hour.
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B. 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 Utilities Director for "CITY ".
IX. 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 accord 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.
X. HOLD HARMLESS
"CITY" shall indemnify and hold harmless, "CONSULTANT ",
its, officers 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 any 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.
XI. 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.
XII. 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 of this
Agreement, 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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XIII. 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 ".
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the first date above written:
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
a municipal corporation
i
Rob, fn Flory K6virJJ rphy
Assistant City Attorn City Manager
. "CITY"
SAMPSON OIL COMPANY
a California corporation
Renick Sampson
President
"CONSULTANT"
Address and Telephone:
City of Newport Beach Sampson Oil Company
3300 Newport Boulevard 301 Ultimo Avenue
Post Office Box 1768 Long Beach, California 90814
Newport Beach, California 92658 -8915 (310) 834 -3301
(714) 644 -3011
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