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ORIGINAL
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE. /too -
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This Agreement is made and entered into this 7ijr day of Jk►1 N u ✓'1 206Tby
and between the City of Arcadia, a charter city organized under the Constitution and laws of the
State of California with its principal place of business at 240 West Huntington0rive, Arcadia,
California 91066 -6021 ( "City ") and AKM Consulting Engineers, a corporation with its principal
place of business at 553 Wald, Irvine, CA ( "Consultant "). City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing professional engineering
consulting services to public clients, is licensed in the State of California, and is familiar with the
plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the 2007 Water Master Plan
Project ( "Project ") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scone of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional engineering consulting services
necessary for the Project ( "Services "). The Services are more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be one (1) year from date of
execution, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates, Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon prior written approval of City. In the event that City and
Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate
this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement is
Zeki Kayiran, President.
3.2.5 City's Representative. The City hereby designates Pat Malloy, Public
Works Services Director, or his or her designee, to act as its representative for the performance
of this Agreement ( "City's Representative "). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
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3.2.6 Consultant's Representative. Consultant hereby designates Zeki Kayiran,
President, or his or her designee, to act as its representative for the performance of this
Agreement ( "Consultant's Representative "). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Finally, Consultant represents that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its
own cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub - consultants who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re- employed to perform any of the Services
or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal /OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
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3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section; provided,
however, that in lieu thereof, the Consultant may provide evidence to the City that all
subcontractors are additional insureds under the Contractor's policies of insurance.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees, subcontractors and
volunteers. Consultant shall also name and obtain insurer's consent to naming City, its directors,
officials, officers, employees, agents and volunteers as an additional insured with proof of
certificate of insurance that they are an additional insured. Such insurance shall meet at least the
following minimum levels of coverage:
(A) Minimum Scone of Insurance. Coverage shall be when
commercially available (occurrence based) at least as broad as the latest version of the following:
(1) General Liability: Insurance Services Office Commercial General Liability coverage for
premises and operations, contractual liability, personal injury, bodily injury, independent
contractors, broadform property damage, explosion, collapse, and underground, products and
completed operations); (2) Automobile Liability: Insurance Services Office Business Auto
coverage for any auto owned, leased, hired, and borrowed by Consultant or for which
Consultant is responsible; and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation insurance as required by the State of California and Employer's Liability
Insurance.
City, its directors, officials, officers, employees, agents and volunteers shall be listed as
additional insured. Any deductibles or self - insured retentions must be declared to and approved
by City and conform to the requirements provided in Section 3.2.10.6 herein.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage, with an aggregate limit of $2,000,000. If
Commercial General Liability Insurance or other form with general aggregate limit is used,
either the general aggregate limit shall apply separately to this Agreement/location or the general
aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000
combined single limit per accident for bodily injury and property damage; and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor
Code of the State of California. Employer's Liability limits of $1,000,000 per accident for
bodily injury or disease.
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3.2.10.3 Professional Liability. Not Applicable
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees and volunteers
shall be covered as additional insured with respect to liability arising out of Services operations
and for completed operations performed by or on behalf of the Consultant, including materials,
parts or equipment furnished in connection with such work; and (2) the insurance coverage shall
be primary insurance as respects the City, its directors, officials, officers, employees and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its
directors, officials, officers, employees and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except
after thirty (30) days prior written notice by certified mail, return receipt requested of
cancellation, of intended non - renewal or endorsement reduction in limit or scope of coverage;
provided, however, that in the event of cancellation due solely to non - payment of premium, ten
(10) days notice of cancellation for non - payment of premium may instead be given to the City.;
and (B) any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to the City, its directors, officials,
officers, employees, agents and volunteers.
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3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self - insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self - insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, admitted to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall famish City
with complete and accurate copies of current certificates of insurance and endorsements
effecting coverage required by this Agreement on forms satisfactory to the City. The certificates
and endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested.
Copies of all certificates and endorsements must be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.2.10.9 Safety. Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.2.10.10 Material Breach. Lack of insurance does not negate
Consultant's obligations under this Agreement. Maintenance of proper insurance coverage is a
material element of this Agreement and failure to maintain or renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of the Agreement.
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3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City's prior written authorization, for all Services rendered
under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein
by reference. The total compensation shall not exceed SIXTY TWO THOUSAND, THIRTY
DOLLARS AND NO CENTS ($62,030.00) without written approval of the City's Public
Works Services Director. Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within forty -five (45) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without prior written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
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City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
City:
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Attn: Zeki Kayiran, President
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Pat Malloy, Public Works Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data "). Consultant shall require
all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
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represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorney's fees and other related costs and expenses. Consultant shall
defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding arising from
Consultant's performance of the Services, the Project or this Agreement; except to the extent that
liability is caused by any negligence or willful misconduct by the City or its directors, officials,
officers, employees, agents or volunteers. Consultant shall reimburse City and its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents or volunteers and shall
take effect immediately upon execution of this Agreement.
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3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both Parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.9 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.13 Amendment: Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
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3.5.16 Invalidity; Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex, sexual orientation or age. Such non - discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City's Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
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CITY OF ARCADIA
By:
William R. Kelly
City Manager
Dated: 140, 200
ATTEST.-
-! 9,
City Clerk
APPROVED AS TO FORM:
k('
Stephen P. Deitsch
City Attorney
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AKM CONSULTING ENGINEERS
By: /�-
eki Kayiran
12
President
[Title]
1919wL 41".
Department Head Date
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EXHIBIT "A"
SCOPE OF SERVICES
[INSERT SCOPE]
A -1
Project Plan
The water quality requirements of the Safe Drinking Water Act will continue to evolve. One of the more
significant issues is the Final Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR). It focuses on
monitoring for and reducing concentrations of total trihalomethanes (TTHM) and five haloacetic acids (HAAS).
The DBPR requires distribution systems to complete an Initial Distribution System Evaluation (IDSE) to
characterize disinfection by- product levels in their distribution systems and determine the locations to monitor
disinfection by- products for Stage 2 DBPR compliance. The general rule is that the longer the water remains
in the distribution system, the higher will be the concentration of the disinfection byproducts in those areas.
Reservoirs are of are particular interest if the water is not turned over regularly. Most older reservoirs that
were designed with a common inlet - outlet line may be susceptible to this occurrence. The Master Plan
Update should investigate the City's existing reservoirs, and propose focused studies and possible methods of
improving this condition.
The City's current water system model was developed from the original model prepared in 1996. It was not
-� calibrated. With the availability of better information through the SCADA system, and on the pumping
equipment, the existing model can be improved on.
The City had not used its imported water supply from the Metropolitan Water District of Southern California
partly because of the higher cost of imported water, and partly because of water quality concerns. Due to red
and yellow water problems that were experienced when imported water was used, the City installed a zinc
orthophosphate treatment system. As recommended by the 2001 Master Plan, the City installed piping,
i valving, flow meter, and controls for conveying the imported water to the inlet of the Santa Anita Reservoirs,
where it is blended with groundwater pumped from the lower zones. The City can control the imported water
flow rate through its SCADA system by throttling the motor operated valve in this line. However, this source is
still not being used as part of the normal operation.
In order to evaluate these issues and incorporate its staff's current knowledge of the system into the operation
and planning of the system, the City of Arcadia desires to update its Water Master Plan.
2. APPROACH
AKM's approach to this project is based upon our extensive experience in preparing water master plans that
address the overall water needs of municipal water agencies. It will consist of the following steps:
1. Obtain all available information and conduct a thorough review of it
2. Meet with City staff in order to develop further insight into the operation of the system, its
problems, and staff's desires
3. Prepare an updated system hydraulic model incorporating information from SCADA, as well as
record drawings of the improvements implemented since the last update of the model
4. Calibrate the model with the use of SCADA data as well as field pressure measurements with the
use of data loggers.
lCITY OF ARCADIA D -2
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AKM Proposal No. 06 -2765
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5. Update the service criteria in cooperation with City staff, which will form the basis for system
evaluation
6. Utilize the calibrated model for system analysis with average day, maximum day, maximum day
plus fire flows, and maximum week demands to test the adequacy of the reservoirs
7. Identify deficiencies in the transmission and distribution system, pumping facilities, as well as
storage; formulate improvement projects, and their implementation costs
B. Conduct the focused studies for supply from the Raymond Basin, Main San Gabriel Basin,
recycled water use, and use of imported water for Zones 1, 5, and 6
9, Investigate reservoir capacities and water quality concerns
10. Meet with City staff at key points to review progress, exchange information, and to receive
direction.
11. Develop a capital improvement program to serve the customers efficiently
12. Conduct financial studies to evaluate the existing rates, and develop recommendations to support
the desired plan for the next ten years
13. Document the study in a clear and comprehensive Master Plan Update report.
The City of Arcadia has developed a detailed and comprehensive scope of work for the project. We will not
repeat the individual tasks, but describe our methodology for completing these tasks.
1. Research and Assessment
In our opinion, a thorough understanding of the system and its operation is essential for a successful
and meaningful master planning effort. Because of our involvement in the previous master plan,
several focused studies following the completion of the Master Plan, and design of two booster pump
stations for the City, we have extensive knowledge of the system. Under this task, we will collect
additional data, review SCADA information available, coordinate work with the City's SCADA
consultant, interview City staff, review Cititech work orders, and conduct field reviews to supplement
our understanding and knowledge of the system. Because the model cannot be adequately
calibrated within the scope of this project, it will be important to prepare it for subsequent calibration.
One very important part of this is to ascertain that the pumping facilities are modeled as accurately as
possible with the latest pump test and efficiency test data. Information from SCADA can be utilized to
calibrate the pumping facilities.
Another improvement to the model will be the assignment of demands by zone and by node.
Review of Cititech work orders and interviews of Operations staff will provide insight into the condition
of the system. This information will be incorporated into the CIP for system replacements.
Under this task, we will review the CIP recommended by the 2001 Master Plan with the City, and
assess the further inclusion of some of the projects.
CITY OF ARCADIA
Water Master Plan Update
AKM Proposal No. 06 -2765
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2. Hydraulic Analysis
We will first update the model based upon Citys knowledge of the distribution system, most recent
pumping facility information, reservoir as built plans, transmission and distribution system
improvements, and demands. We can utilize the results of the Orange Grove Booster Pump Station
testing that will be conducted at the Orange Grove Plant to calibrate that facility.
Distribution of demands in the model can be significantly improved if the City can provide electronic
sales information by meter tied to assessors parcel numbers. If this is not currently possible, it should
be planned as a future project. Otherwise, we will develop water use by zone from SCADA records,
assign high water users to individual nodes by address, and distribute the remaining demands to all
the nodes in each zone
We will retrieve SCADA data for developing diurnal demand curves for all the zones where reservoir
1 level and pump start/stop times are available. The use patterns will be assigned to appropriate nodes
for extended period simulations.
We will conduct analyses of the existing system for the average day, maximum day, and maximum
day plus fire flaw scenarios. We will review the results with the City to ascertain that they are
reasonable. If needed, adjustments will be made and analyses will be conducted again. We will also
run the analysis for a maximum week demand to evaluate the adequacy of the storage facilities.
We will identify system deficiencies based upon hydraulic analyses and established criteria, and
develop mitigating capital improvement projects.
3. Evaluation of Supply Capabilities
The City currently obtains all of its supplies from the Raymond and Main San Gabriel Basins. As
discussed previously, groundwater levels and well production particularly the wells in the East
Raymond Basin very significantly, and impact the City's ability to utilize these sources adequately.
Three important issues need to be investigated with respect to source of supply. One is the planned
Raymond Basin Conjunctive Use Project being planned by the Metropolitan Water District of Southern
California, Foothill Municipal Water District, the City of Pasadena, and the Raymond Basin
Management Board. This project aims to store up to 75,000 acre feet of imported water in Raymond
Basin. The impact of the RBCUP on the Santa Anita and Pasadena Sub areas of the Raymond Basin
will need to be evaluated for planning the City's future supply options.
The Recycled Water Feasibility Study recently completed for the City evaluated recycled water supply
to the City form two separate sources. The timing of this potential source of supply will impact
whether it can be utilized within the current planning horizon.
CITY OF ARCADIA
Water Master Plan Update
AKM Proposal No. 06 -2765
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The City has connected its imported supply connection to the inlet of the Santa Anita Reservoirs.
However, this source has not been utilized. Its use needs to be evaluated so that at least, the City can
develop procedures for utilizing it during emergencies. This may be done as an iterative testing
program where imported water flow can be introduced at a low rate first, evaluate its impact on the
system, and then increasing it in steps. The consequences of mixing the two sources with different
disinfection will need to be considered in establishing this procedure.
As a result of these evaluations, an updated supply plan can be developed.
4. Legal Requirements
This task will focus on the current regulatory requirements, as well as pending ones that may affect
the City's means and methods for operating the system. One significant regulation is the Safe
Drinking Water Act's Final Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR) for
reducing the concentrations of total trihalomethanes and five haloacetic acids. We will evaluate the
City's reservoirs as potential areas of high DBP, and suggest methods and additional investigations
for improving them.
5. Funding
Under this task we will develop a financial model of the City's water utility. It will include detailed
description of expenditures, and revenues based upon a revenue model. We will request financial
information for the past three years, and the budget information for the current fiscal year for use in
this task.
We will then update the expenditures for operation and maintenance (O &M), and for capital
improvements. The O &M expenditures will include any revisions to the existing based upon the
recommendations of Task 6. The capital improvement costs will be derived from the estimates for the
recommended improvements.
With the use of the model, we will evaluate the adequacy of the existing rates, and any adjustments
necessary for the next ten years.
We will investigate the possibility of realistic grants from outside sources, such as federal funding,
MWD rebates, and state grants. However, the financial analysis will be conducted with the
assumption that there will not be any outside funding unless they have already been secured.
` The report will discuss the consequences of the recent California Supreme Court Decision on the
-� Bighorn -Desert View Water Agency v. Virjil with respect to rate increases being subject to the majority
protest requirement of Proposition 218.
JCITY
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6. Future System Requirements and Improvements
This task will consist of reviewing the existing staffing level, making recommendations for any
revisions, and compiling the results developed by the previous tasks into a tabular and phased capital
improvement program organized by category.
7. Master Plan Update Report
This task will involve the preparation of the Master Plan Update report, which will summarize the
studies conducted, the results, and recommendations.
The report will include narrative descriptions of the significant improvement projects, and clear figures,
exhibits and tables for easy use of the document. -
3. PROJECT SCHEDULE
The project schedule detailed on the following page represents the level of effort and duration required to
develop comprehensive Master Plan. The schedule has been developed to meet the City's project objectives
contained in the Request for Proposal.
The AKM Team has the resources to accomplish the anticipated work of this program. We have carefully
reviewed our current workload and staff commitments and are confident that we can mobilize the staff and
other resources that will be required to effectively execute the required project tasks.
The schedule is contingent upon implementation of the scope of work as contained within this proposal.
Changes to the scope may affect the project. schedule. However, it is acknowledged that time is and will
remain of the essence throughout the course of the work. Correspondingly, all schedule modifications will be
treated in a manner reflecting this consideration.
CITY OF ARCADIA
Water Master Plan Update
AKM Proposal No. 06 -2765
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Exhibit "C"
COMPENSATION
ATTACHED
NOT TO EXCEED $62,030.00
[go
Mr. Ken Herman
CITY OF ARCADIA
October 26, 2006
Page Two
0 0
Staff Hour and cost Estimate
City of Areadla
Water Master Plan Update
October 23, 2003
Task Description
Project
Manager
Project
Engineer
Ascoclate
Engineer
Clerical
Tetal
Hours
Labor
Cost
I Expenses
Total
Cost
TASK 1 RESEARCH & ASSESSMENT
1.1 Kick -Off Meeting
4
4
8
$1,240
$1,240
1.2 Review 8 Run Cbys H2ONel Water Model & Assess
2
8
10
$1,490
$1,490
1.3 Review SCADA records for open .Info - Sys. Use/Actual Demand
8
24
32
64
$7,680
$7,680
1.4 Review Cditech work order records/meet w /Ops staff to ID
problem pipes, valves, etc.
4
8
12
$1.620
$1,820
1.5 Review existing WMP (2001 Update) to assess status
2
2
4
$620
$620
TASK 2 HYDRAULIC ANALYSIS
0
$0
2.1 Upgrade existing water model
1
24
40
72
$8,4001
$8,400
2'.2 Update Scenarios for avg. day, max day, & max day plus fire
based on current SCADA info
4
is
24
44
$5,140
$5,140
2.3 Identify eye. deficiencies based on updated water model info
4
8
8
20
$2,540
$2,540
TASK 3 EVALUATION OF SUPPLY CAPABILITIES
3.1 Anal.status of exist. E/W Raymond Basins 8 Main S Gabriel Basi
as it relates to future CIP
12
12
24
$3,720
$3,720
3.2 Review City's Recycled Water Feasibility Study
4
8
12
$1,820
$1,820
3.3 Analyze effects of utMzing MAD water In Upper Pressure Zones
1,6,8 for extends periods of WM Pros/Cons
4
is
20
$2,880
$2,980
TASK 4 LEGAL REQUIREMENTS
4.11 ResearclVdiscuss current legislation a laws affecting Citys ability
to supplyWore/dla ribule water
3
is
24
$3,640
$3.840
4.2 ReseamNdiscuss new, legislation & requirements which may
require changes in operations, facilities, policy
1
18
24
$3,940
$3,640
TASK 5 FUNDING
6.1 Review current rate struchure/evaluate Its ability to support
currenifulure operations & system improvements
4
is
20
$2,100
$2,100
6.2 Provide realistic sources for outside funding assistance
6
8
is
$2,480
$2,450
6.3 Create a cost model to ID & describe projected costs over next 10
years
4
24
28
$2,820
$2,620
TASK 6 FUTURE SYSTEM REQUIREMENTS & IMPROVEMENTS
6.1 Prepare IIM of future system improvements.& costs necessary to
meet system demand for next 10 yrs.
1
18
24
$3,840
$3,840
6.2 Provide recommendations for staffing requirements & training
4
4
$680
E880
ASK 7 PREPARE MASTER PLAN REPORT
1
18
16
40
$4,600
Totaf Hours
108
202
1"
16
470
Rate ($IHr)
$165
$145
$90
$80
Total Cost
1 $17,820
$29,290
$12,980
$960
$81,030
$1,000
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AKM Proposal No. 06 -2765 0 Z2