HomeMy WebLinkAbout07/05/1988, C-12 - SALINAS RESERVOIR EXPANSION AGREEMENT �IIIIu�I �ViIIIIIIIII�II�III � o r san MEETING GATE
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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.
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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
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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.
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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.
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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.
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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
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