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HomeMy WebLinkAbout07/05/1988, C-12 - SALINAS RESERVOIR EXPANSION AGREEMENT �IIIIu�I �ViIIIIIIIII�II�III � o r san MEETING GATE hNuil c� lugs osispo - - � � • - Mmulls COUNCILAGENDA REPORT ITEM NUMB FROM: Dave Romero Via: Wm.T.Hetland "'' Prepared by: Hal Fones P.W. Director Utilities Manager Utilitites Engineer SUBJECT: Salinas Reservoir Expansion Agreement CAO RECOMMENDATION: Council authorize the Mayor by resolution to execute the Salinas Reservoir Expansion Agreement with the firm of Woodward-Clyde Consultants BACKGROUND: The concept of expanding the Salinas Reservoir was put forth in the San Luis Obispo County Master Water Plan Update in October 1985 and was included in the City Water Management Plan Draft in 1986. A water rights application (Number 10216) was filed on June 4, 1941, which resulted in a permit (Number 5882) to store 45, 000 acre feet per annum in the Salinas Reservoir. The full capacity of the reservoir was never developed. In April 1988 a Request for Proposals to prepare a seismic and feasibiltiy study was sent to seven well-regarded consultants specializing in analysis of dams. Proposals were received by the City Clerk from five of the consultants on May 5, 1988, and the firm of Woodward-Clyde Consultants was selected by a review panel of the staff. At its meeting of June 6, 1988, the City Council authorized the staff to negotiate a contract with Woodward-Clyde Consultants, with the final contract to be brought back to the City Council for approval. Financial Impact The Salinas Reservoir Expansion was authorized in the 1987-89 Financial Plan, pages D-13 and E-11, in the amount of $250,000. The feasibility and seismic work in Phase I of the Agreement is estimated at $169, 000. Phase II is the actual design. Recommendation Staff recommends Council authorize the Mayor by resolution to execute the Salinas Reservoir Expansion Agreement with the firm of Woodward-Clyde Consultants, with the Phase I services not to exceed $169,000. Addendum No. 1 available in:the Council Office for inspection. salinas/halo JJ RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ACP� FCR FNGSERVICE BEIWEEN THE CITY OF SAN LUIS OBISPO AND WOODWD-CLYDE CCNSULTANTS FOR ]IffWh E=0N OF '1HE SAT_UMS RESERVOIR EXPANSION AGREEMERr WHEREAS, the 1987-1989 Financial Plan identifies a specific program for the implementation of the Salinas Reservoir Expansion; and WHEREAS, the City desires to retain technical assistance to implement the Salinas Reservoir Expansion; and WHEREAS, the City has gone through a consultant selection process and the firm of Woodward-Clyde Consultants is determined to be capable and interested in providing assistance; NOW THEREFORE, BE IT RESOLVED the Mayor is authorized to execute the Agreement for Engineering Services between the City of San Luis Obispo and Woodward-Clyde Consultants for Implementation of Salinas Reservoir Expansion and authorize the consultant to proceed with the first phase of work with costs not to exceed $169,000. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1988. MAYOR RON DUNIN ATTEST: CITY CLERK PAMELA VOGES Resolution No. (1988 Series) APPROVED: City A ministrative Officer l City A orn F1 pance Director Utilities Manager Public Works Director salinas/halo 77 AG2FEKERr FOR D GINEERDG SERVICES BETWEEN CITY OF SAN LUIS OBISPO AND CONSULTANTS FOR IMPMGN=CN OF SAT—TSG RESE MIR EXPANSION THIS AGF32N Nr, made and entered into on this day of 1988, by and between City of San Iuis Obispo, hereinafter referred to as City, and Woodward-'lyde Consultants, a California corporation, authorized to provide engineering services, hereinafter referred to as Engineer. WITNESSETH: MM;ZEAS, the San ILns Obispo County Master Water Plan Update proposed the Salinas Reservoir Expansion; and WfiF1TM, City has requested Engineer to provide engineering services for the implementaticn of the Salinas Reservoir Expansion, hereinafter referred to as the Project; and WEPE.AS, ErquyB x has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; and FIIHREAS, City and Engineer have completed negotiation of price based on certified cost data submitted by Engineer; neer; NOW, THEREFORE, City and Engineer agree as follows: I. PRa= COORDIlA,TICN A. City The City Utilities Manager shall be the representative of the City for all purposes wider this agreement and i.s designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. B. FS�i rope Engineer shall assign a Project Manager for this project. Mr. John A. Bischoff is hereby designated as the Project Manager for Engineer. Should ciramstances or conditions aubseq1Pnt to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to written acceptance and approval of the City's Project Manager. � - 12 - II. DUTIES OF ENGINEER A. Description of Proiects The Project is described in Addendum No. 1 with Attachments 1, 2 and 3 . Any changes in the Project as described will be incorporated by written Amendment executed by the City's Project Manager and Engineer. B. Scope of Engineering Services Engineer agrees to perform those services which are described in detail hereafter. Unless modified in writing by the parties hereto, duties of Engineer shall not be construed to exceed those services specifically set forth herein. 1. Planned Engineering Services - Engineer agrees to perform those planned tasks described in Attachment 1 entitled, Work Plan. Compensation for Planned Engineering Services shall be as provided in Attachment 2. 2. Follow-on Engineering Services - City and Engineer agree that certain of the work to be performed by Engineer cannot be defined adequately prior to the completion of the predesign services and that additional engineering work related to the execution of the project and not covered in Attachment 1 will be needed during performance of this agreement. It is intended that such categories of work be classified as Follow-on Engineering Services. Follow-on Engineering Services will be negotiated following pre-design services when the actual facilities to be constructed are more accurately defined. Follow-on Engineering Services may include, but are not limited to, the following:- a. Yield studies of coordinated reservoir operations for Salinas Reservoir and Whale Rock Reservoir, along with other available water resources. b. Laboratory testing to assess the structural adequacy of soils, rock formations, and existing structures. c. Fault Exploration Trenching may be required. C. Release of Reports and Information Any reports, information, data, or other material given to, or prepared or assembled by Engineer under this agreement, shall be the property of City and shall not be made available to any individual or organization by Engineer without the prior written approval of the City's Project Manager. n '�7, �� D. Copies of Reports and Information If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Engineer is required to furnish in limited quantities as part of the services under this agreement, Engineer shall provide additional copies as are requested, and City shall compensate Engineer for the costs of duplicating of such copies at Engineer's direct expense. E. Oualifications of Engineer Engineer represents that it is qualified to furnish the services described under this agreement. III. DUTIES OF CITY City agrees to cooperate with Engineer and to provide operation, maintenance, and performance data as requested plus available construction or as-built drawings. IV. COMPENSATION For the services described in Attachment 1 which are to be performed by the Engineer, the City agrees to pay, and the Engineer agrees to accept, compensation in accordance with the methods and schedules set forth in Attachment 2. Compensation for Follow-on Services shall be as set forth in the written authorization for such services. Payment to the Engineer is due upon receipt of invoice by City. If payment is not made within 30 days, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.0 percent per month or the maximum interest rate permitted by law, whichever is lesser. Such interest will become due and payable at the time said overdue payment is made. V. AUTHORIZATION. PROGRESS AND COMPLETION Specific authorization to proceed with work described in Attachment 1 shall be granted in writing by the City within a reasonable time after the effective date of this agreement. The Engineer shall not proceed with the work without such authorization. The work shall be completed within 365 days after receipt of the authorization to proceed. For Follow-on Engineering Services, the City's authorization shall be in writing and shall include the definition of the work to be done, the schedule for commencing and completing the work, and the basis of compensation for the work. VI. TEMPORARY SUSPENSION The City's Project Manager shall have the authority to suspend this agreement wholly or in part, for such periods as he deems necessary due to unfavorable conditions or to the failure on the part of the Engineer to perform any provision of this agreement. Engineer will be paid the compensation due and payable to the date of temporary suspension. VII. SUSPENSION; TERMINATION A. Right to Suspend or Terminate The City retains the right to terminate this agreement for any reason by notifying Engineer in writing seven (7) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Engineer, City shall be obligated to compensate Engineer only for that portion of consulting services which are of benefit to the City. Said compensation is to be arrived at by mutual agreement of the City and Engineer and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. B. Return of Material Upon such termination, Engineer shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations and other data, whether or not completed, prepared by Engineer, and for which Engineer has received reasonable compensation, or given to Engineer in connection with this agreement. Such materials shall become the permanent property of City. Engineer, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. VIII. INSPECTION Engineer shall furnish City with every reasonable opportunity for City to ascertain that the services of Engineer are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City Project Manager's inspection and approval. The inspection of such work shall not relieve Engineer of any of its obligations to fulfill its agreement as prescribed. IX. OWNERSHIP OF MATERIALS All original drawings, plans, documents and other materials prepared by or in possession of Engineer pursuant to this agreement shall become the permanent property of the City and shall be delivered to the City upon demand. C - AZ - �7 X. INDEPENDENT JUDGMENT Failure of City to agree with Engineer's independent findings, conclusions, or recommendations, if the same area called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of Engineer to meet the requirements of this agreement. XI. ASSIGNMENT: SUBCONTRACTOR'S EMPLOYEES This agreement is for the performance of professional engineering services of the Engineer and is not assignable by the Engineer without prior consent of the City in writing. The Engineer may employ other specialists to perform special services as required with prior approval by the City. XII. NOTICE All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: City Utilities Manager City of San Luis Obispo 955 Morro Street P. O. Box 8100 San Luis Obispo, CA 93403-8100 To Engineer: Woodward-Clyde Consultants 500 12th Street, Suite 100 Oakland, CA 94607-4014 XIII. INTEREST OF ENGINEER Engineer covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Engineer further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Engineer certifies that no one who has or will have any financial interest under this agreeement is an officer or employee of the City. It is expressly agreed that, in the performance of the services hereunder, Engineer shall at all times be deemed an independent contractor and not an agent or employee of City. XIV. INDEMNITY Engineer hereby agrees to indemnify and save harmless City, its officers, agents, and employees of and from: A. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by an negligent act or omission of Engineer under this agreement or of Engineer's employees or agents; B. Any and all damage to or destruction of any property, including the property of City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of Engineer, or in proximity to the site of Engineer's work, caused by any negligent act or omission of Engineer under this agreement or of Engineer's employees or agents; C. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Engineer under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; D. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Engineer under this agreement; and E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Engineer. Engineer, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Engineer. XV. WORKERS COMPENSATION Engineer certifies that it is aware of the provisions of the Labor Code of the State of California, which requires every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commending the performance of the work of this agreement. XVI. INSURANCE For the duration of this agreement, the Engineer shall maintain the following minimum public liability and property damage insurance which shall protect the Engineer from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this agreement. The limit of liability for such insurance shall be as follows: A. Comprehensive general liability insurance, including personal injury liability, blanket contractual liabiltiy, and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $500,000. B. Automobile liability injury and property damage liability insurance covering owned, non-owned, rented and hired cars. The combined single limit for bodily injury and property damage shall be not less than $500, 000. C. Statutory workers compensation and employers liability insurance for the State of California. The Engineer shall also maintain professional liability insurance covering damages resulting from errors or omissions of the Engineer. The limit of liability shall be not less than $5,000, 000. The Engineer shall submit to the City certificates for each of the policies listed above. Each certificate shall provide that the insurance company give written notice to the City at least 30 days prior to cancellation or any material change in the policy. Certificates for comprehensive general liability and automobile liability policies shall provide that the City is named as an additional insured. XVII. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors or both parties. XVIII. WAIVERS The waiver of either party of any breach or violation of any terms, covenant, or condition of this agreement or of any provision, ordinance or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. XIX. COST AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. XX. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Engineer is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Engineer, the sum of Twenty-five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If Engineer is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Engineer shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from amount payable to Engineer the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Engineer is found to have been in such noncompliance as damages for said breach of contract, or both. XXI. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Engineer. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Engineer have executed this agreement on the day and year first above written. XXII. SUBCONTRACTS Engineer shall be entitled to the extent determined appropriate by the Engiener, to subcontract any portion of the work to be performed under this Project. Engineer shall negotiate and administer subcontracts in accordance with 40 CFR 33.295. The Engineer shall be responsible to the City for the actions of persons and firms performing subcontract work. The Engineer is authorized by the City to subcontract work having a cost which will not exceed 20 percent of the total amount of compensation due under this agreement. Subcontractors selected as of the date of this agreement, and the nature of services to be perfomed by each, is as follows: Leedshill-Herkenhoff Inc. - Engineering Services XXIII. JURISDICTION This agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this agreement shall be in that state. If any part of this agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the agreement shall be in full force and effect. XXIV. BUSINESS LICENSE The Engineer and all subcontractors shall have appropriate business licenses in accordance with the City of San Luis Obispo Municipal Code. XXV. SCOPE AUTHORIZATION AND COST LIMITATIONS The Engineer is authorized to peroform all work outlined under Task 1.0 to Task 2. 11 of this agreement at a cost not to exceed $169, 000. Further authorization to perform the balance of the tasks in this agreement will be provided by the City Council. The effective date of start of work described in Attachment 1 shall be July 20, 1988. WOODWARD-CLYDE CONSULTANTS CITY OF SAN LUIS OBISPO By By John A. Bischoff, Vice President Ron Dunin, Mayor ATTEST: Pamela Voges, City Clerk Roger Picquet, City Attorney sali-agr/hf4 d - iz - 13