HomeMy WebLinkAboutC-17102. RECITALS.
2.1 Consultant.
3. TERMS.
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2.2 Project.
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
3.1 Scope of Services and Term.
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1. PARTIES AND DATE.
This Agreement is made and entered into this /day of ,/16V,In ✓ , 200) by
and between the City of Arcadia, a municipal organization organized under the laws of the State
of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 -6021 ( "City ") and AKM Consulting Engineers, with its principal place of
business at 101 Pacifica, Suite 150, Irvine, CA 92618 ( "Consultant "). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
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.
City desires to engage Consultant to render such services for the Water Master Plan
Update 2001 project ( "Project ") as set forth in this .Agreement.
3.1.1 General Scope 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. Consultant shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines.
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 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
or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon 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 are
as follows: Zeki Kayiran, P. E., John A. Loague, P. E., Ergun Bakall, P.E., and Marc A. Serna,
P.E.
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3.2.5 City's Representative. The City hereby designates Rita A. Kurth, Water
Services Officer, 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.
3.2.6 Consultant's Representative. Consultant hereby designates Zeki Kayiran,
P. E., Principal, 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. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. 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
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.
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 or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. 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 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.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability.
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:
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(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or 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, 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.
(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 suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been 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.
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.
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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, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original 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. 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.
3.2.11 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.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, 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 Fifty -Four Thousand Nine Hundred Ninety Four Dollars ($54,994.00)
without written approval of City's Representative. 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 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 authorized in writing by City.
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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 written authorization
from City's Representative.
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.
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3.4 Accounting Records.
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
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:
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Consultant:
City:
Zeki Kayiran, P.E., Principal
AKM Consulting Engineers
101 Pacifica, Suite 150
Irvine, CA 92618
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Rita A. Kurth, Public Works Services Department
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
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.
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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 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 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 attorneys 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. 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.
3.5.7 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.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
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3.5.12 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.
3.5.13 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.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. 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.
3.5.18 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.
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3.5.19 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 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.
3.5.20 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.
3.5.21 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.
3.5.22 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.
CITY OF ARCADIA
By:
ATTEST:
William R. Kelly
City Manager
APPROVED AS TO FORM:
Stephe i P. Deitsch, City Attorney
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By:
11
AKM CONSULTING ENGINEERS
eki Kayiran, P.
Principal
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11
'7f HERTH =4N EAACO
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'6
EXCE.S5
LIABILITY
sC+r'TOR 71 CLAIMS MADE
ET. UCTI FL E
NET ENTIO.
EAC!i CCCUFRENC;E
$
AGC/RBGATE
$
$
:t
TT
,p
WORN:ER5 COMPEN ON AND
EMPLOYERS' LIABILITY
WZ P 8 0 8 516 0 2
07/01/00
0 1/ 0 1/ 0 1
X T C �6 B 1MIT. IOTH E R
E.L. EACH ACCIDENT
; 1,000/000
E I,.D;S'EASF, -EA EL Ea
y
[ 1 , 000 000
II.L. DISEASE -PDLI EIY LIMIT
[ 1, 000, 000
C
rrHERBrofessional
Liability
E0C366535803
09/20/00
09/20/01
$1,000,000 per claim
$2,000,000 annl aggr.
DESC'RI. "PION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORREMEMI'!sPECIA :, PROVISIONS
City of Arcadia, its directors, officials, officers, employees, agents and
volunteers are additional insureds for General Liability per CG2010
attached. Waiver of subrogation applies to Workers` Comp. Professional
Liability deductible: $25,000 /claim.
i CERTIFICATE OF LIABILITY INSURANCE 11 / /0 ;.IYMI
FRO, E,^. THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORyL_T1 ON
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE. .
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. C. Box 12675 ALTER THE COVER$CE AFFORDED BY THE POLICIES BELO \.
Oakland, CA 94604 -2675
510 465 -3090 INSURERS
IN AD INBDRERA. Hartford Casualty Insurance Co.
AKM Consulting Engineers, Inc. INSUR BF:E American Automobile Ins. Co.
101 Pacifica, Suite 150
INSURER 'E: Zurich American Insurance Co.
Irvine, CA 92718 INSURER
INSURER B:
11 /8 /00 11:54 AM
E
ADDITIONAL INS CREEP IN5URE.RLETTER:
CERTIFICATE HOLDER
1- 510 -A52 -2193
r a r1 974
City of Arcadia
Lee Ann Hamilton
240 West Huntington Drive
P. C. Box 60021
Arcadia, CA 91066 -6021
AC )RD 25- S[ 7197) 1 of 1 #M45223
1826359702'
=AINCELL.ATION
C)N I
002
SHOULD AN YOF TH EAB OVE D ESC RIB ED POLICIES BE CANCELLED B EF CRETE E EXPIRNFON
DATE THEREOF, THE 1 WIJING INSURER TAIL L IX1){C)PjX IAI n _ AV3WRJ7'I'EN
NOTICE TOTHE CERTIrICATE H OLD ER NAMED TOTE: E L.E FT,Xgffj{X.X'yQ?I,XXMXp' XX
VOUIDOCNICKWMXXXWANNAXANOXXXXMKNOMMIWNOMDCX
AUT H ORI ZED REPRESENTATIVE
MNN u ACORD CORPORATION 1988
11 /8 /00 11:54 AM
E
ADDITIONAL INS CREEP IN5URE.RLETTER:
CERTIFICATE HOLDER
1- 510 -A52 -2193
r a r1 974
City of Arcadia
Lee Ann Hamilton
240 West Huntington Drive
P. C. Box 60021
Arcadia, CA 91066 -6021
AC )RD 25- S[ 7197) 1 of 1 #M45223
1826359702'
=AINCELL.ATION
C)N I
002
SHOULD AN YOF TH EAB OVE D ESC RIB ED POLICIES BE CANCELLED B EF CRETE E EXPIRNFON
DATE THEREOF, THE 1 WIJING INSURER TAIL L IX1){C)PjX IAI n _ AV3WRJ7'I'EN
NOTICE TOTHE CERTIrICATE H OLD ER NAMED TOTE: E L.E FT,Xgffj{X.X'yQ?I,XXMXp' XX
VOUIDOCNICKWMXXXWANNAXANOXXXXMKNOMMIWNOMDCX
AUT H ORI ZED REPRESENTATIVE
MNN u ACORD CORPORATION 1988
11/8/00 1154 AM 1-5107A52-2193
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Arcadia
Lee Ann Hamilton
240 Wsst Huntington Drive
P. 0. Box 60021
Arcadia, CA 91066-6021
CG 20 10 11 85
1626359702' 003
POLICY NUMBER: 57 SBALU8719 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
(If no entry appears above, information required to complete this e,ndorsern ent will be shown in the Deciaratons
as applicable to this endorsement.)
WHO IS AN INSURED (Section H) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you,
City of Arcadia, its directors, officials, officers, employees, agents
and volunteers
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
RVPUB \NGS \557188
EXHIBIT "A"
SCOPE OF SERVICES
[INSERT SCOPE]
A -1
SECTION 2 Project Understanding and Approach
PROJECT UNDERSTANDING
The City of Arcadia (City) provides water service to approximately 13,000 customers within its 12
square mile service area. The main source of supply is groundwater from the Raymond West
Basin (2,118 acre feet per year), Raymond East Basin (3526 acre feet per year, and the Main San
Gabriel Basin in which the City's prescriptive pumping right is 4.23099 percent of the basin's annual
safe yield. The City can pump more water from the Main San Gabriel Basin by using its cyclic
storage capacity, and /or by paying a replacement water assessment to the Main San Gabriel Basin
Watermaster. The reported groundwater quality is excellent, with the exception of nitrates at some
of the wells (Hugo Reid and St. Joseph). The City has a 20 cfs capacity connection to the
Metropolitan Water District of Southern California's Upper Feeder near Santa Anita Avenue and
Elkins Avenue. The 1995 Water Master Plan determined that this connection could provide a
maximum of 15 cfs at that time. This connection is used only during emergency conditions.
The City has produced and purchased an average of 16,181 acre feet per year (AFY) during the 10
year period between 1987 and 1997. During the same period, water sales averaged 14,348 AFY,
indicating an unaccounted for water rate of 12.8 percent, which is rather large by industry
standards.
The service area elevations vary from 300 feet to 1,200 feet above mean sea level. To
accommodate this wide variation in elevations, the service area consists of seven pressure zones
established by service reservoir high water elevations, and two sub -zones served by pressure
regulating stations. The water system has 12 active wells, 10 booster pump stations with a total of
34 booster pumps, 17 service reservoirs with a total volume of 40.8 million gallons (mg), four
forebay reservoirs, and 164.6 miles of transmission and distribution pipes. The City has a Genesis
based SCADA system for controlling the operation of its system.
A water master plan update was completed by Boyle Engineering Corporation in 1995. This study
analyzed the then existing system with phased increases in demands from 10,900 gpm in 1995 to
12,100 gpm in 2015. Based upon the results of these analyses, it recommended several
improvements to the system over a 20 year period. The estimated cost of the improvements was
approximately $59 million. These improvements consisted of improving fire flow capacity at dead
end lines; constructing additional wells to replace aging facilities and to increase supply reliability;
additional storage (4.76 mg in 1995 and 9.06 mgd total in 2015) to provide two days of emergency
storage; additional booster pump and well capacity to serve the upper zones under severe demand
conditions; and various transmission and distribution pipelines.
In its analysis of the City of Arcadia's water system, Boyle Engineering Corporation developed a
calibrated computer model of the system utilizing Cybernet software. It is our understanding that
the model performs well, represents the existing system accurately by industry standards. It is also
our understanding that detailed diurnal variation of zonal demands is not available in the current
model for extended period simulations. However, appropriate information can be retrieved from the
SCADA records to develop them. Furthermore, a water quality model of the system does not exist
for studying blending alternatives, disinfectant residuals, or age of water in the various system
components.
CITY OF ARCADIA
Water Master Plan Update - 2001
AKM Proposal No. 00 -2202
2 -1
Project Understanding and Approach
Subsequent to the completion of the Water Master Plan Update in 1995, the U.S Army Corps of
Engineers had a seismic reliability study of the water infrastructure of the Cities of Arcadia and
Sierra Madre performed. This study, completed in August 1997, utilized a horizontal ground
acceleration of 0.64g in estimating the probable damage to the water infrastructure. Analyses of
the system with the resulting failures and several fires showed fire suppression deficiencies. The
study provided recommendations for projects that would minimize the damage resulting from a
maximum credible earthquake. The recommendations of the report have been reviewed and
screened by the City, but have not yet been incorporated into a comprehensive document.
Other studies and information available include the Hydrogeologic Assessment of Four Potential
Municipal Supply Water Well Sites by Richard C. Slade & Associates dated 1998; Urban Water
Management Plan by Boyle Engineering Corporation dated 1995; and the 2000 Operational Data
for Reservoirs, Wells, and Pumping Stations by the City of Arcadia's Public Works Services.
The purpose of the 2001 Water Master Plan Update project will be to reevaluate the System
Improvement Plan recommended by the 1995 Water Master Plan Update from an operational
standpoint taking into account the projects completed, and the recommendations of the Water
Infrastructure Seismic Reliability Study. Additionally, assistance will be provided to the City in
completing its 1999 -2000 Annual Water Report. As an optional item, City staff will be trained in the
use of Cybernet Model.
APPROACH
The City of Arcadia has developed a detailed scope of work for completing the 2001 Water Master
Plan Update project, which is acknowledged. In this section, we will describe our approach to the
project, and offer suggestions based upon our experience with similar systems, which may improve
the value of the study and functionality of the system model.
Task 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. In our master planning assignments, we invest
the necessary time into developing thorough insight into the systems. We feel that the kickoff
meeting included in the scope of work is a very essential initial step in accomplishing this. We will
schedule field reviews of all the system facilities, interview the operations staff, and review the
records available. We will obtain all available reports and studies, including recent efficiency tests,
and reservoir reports. We will review the SCADA records, and determine if diurnal demand curves
can be developed from this information. If sufficient information is not available, we will provide
recommendations for obtaining such information. We feel that accurate diurnal demand curves are
essential for proper extended period simulations, such as reservoir re -fill.
We will commence the preparation of the Annual Water Report. It will be completed as soon as all
necessary data is obtained and processed.
CITY OF ARCADIA 2-2
Water Master Plan Update - 2001
AKM Proposal No. 00 -2202
Project Understanding and Approach
We will start working with the model as we review the documents and conduct the field reviews, so
that any questions that may come up can be addressed ahead of starting Task 2. We will
investigate the desirability of updating the computer program to perform other functions, such as
creating a GIS, incorporating the SCADA with the model, and developing a water quality model.
We will document and summarize the documents reviewed, and assess the issues involving their
recommendations. These may include the future wells in the Main San Gabriel Basin and the
requirements of Section 28.
Task 2 - Hydraulic Analyses
We will utilize the computer model of the system, updated with diurnal demand variations, to
perform the analyses described in the request for proposal.
We will estimate the demands for years 2006 and 2011, and perform analysis of the existing system
under average day, maximum day plus fire at three locations (note that fire flows can be run at
every node of the system within the same run with up to date programs), reservoir night fill runs on
three zones starting with half full reservoirs or as directed by the City, and three fire flow runs on
domestic fire flow services. As discrepancies are determined, mitigation projects will be evaluated
and incorporated into the model. The system developed in this manner will then be tested under
the seismic emergency conditions, with the addition of the selected projects. These
recommendations will be refined through iterative runs.
A technical memorandum will be prepared summarizing the information used, the criteria, the
description of the analyses, and the recommended improvements. This will form the basis of Task
3.
As an optional service, we will provide training to the City Staff on the use of the water system
hydraulic model. This will include the preparation of the input data, creating and revising the model,
and performing various runs. A System User's Manual, utilizing the program vendor's basic user's
manual will be prepared. AKM has provided these services to virtually all its master plan clients.
Task 3- System improvement Plan
The results of the analyses completed in Task 2 will be utilized in formulating a prioritized and
phased capital improvement program. Priorities will be established for meeting the adopted criteria
first, and providing the seismic reliability next. Cost estimates will be developed, and will be
reviewed with the City in selecting an implementation schedule for fiscal years 2001 to 2006; and
2006 to 2011.
The recommendations will be presented in a technical memorandum.
CITY OF ARCADIA
Water Master Plan Update - 2001
AKM Proposal No. 00 -2202
2 -3
Project Understanding and Approach
Task 4- Water Master Plan Update
The work effort and the results of Tasks 1 through 3 will be presented in a letter type executive
summary format for use by the City and the Program Manager in preparing the master plan update.
Appendices will include all backup information utilized in formulating the recommended
improvements.
Task 5 - Assessment of Program Management of the Recommended Projects
As part of the executive summary, or as a separate section, we will provide estimates for
overseeing and inspecting each recommended project. These estimates will be reviewed with the
City and the Program Manager prior to incorporation into the final document.
CITY OF ARCADIA
Water Master Plan Update - 2001
AKM Proposal No. 00 -2202
2 -4
RVPUB\NGS \557188
EXHIBIT "B"
SCHEDULE OF SERVICES
[INSERT SCHEDULE]
B -1
TASK
Months (from NTP)
Oct 'DO
Nov '00
Dec '00
4011'01
Feb '0
6
13
20
21
. 3
io
17
Q.
1
e
15
2229
5
1219
2e
2
3 1622
2
1 Research & Assessment
a. Kick -Ott Meeting
b. Review Existing information
c. Visit Facilities
__
.
�_._
._
r �-
__._. - .
d. Interview Operators
a. Annual Waist Report
2 Hydraulic Analysis
a. Update Model wdDturnal Curves
b. Phase A • Analysis
c. Phase B - Assessment
d. Phase C - Summary Tech . Memo _
0. stain Trfintng Motional)
3 8ystom improvement Plan
a. Phase A ...Improvements W Existing System
1. Priority 1 PrO9reme
2. Priority 2 Programa - . _ .
b. Phase S • System Improvement Program .
1. 2001 • 200
2. 2d91s - 11
c. Phase C • Summary Tech Memo
4 Wator Master Plan Update
Z Prolact Administration /Inspection Effort Estimate
Meetings
y.
I. | - r---r------~-'-----�
v| . �- � ' � .
._
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_
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_
. ..
_ _
- .
M
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! | i | .
M
._ -_
M
_
_
_.
_
__...
M
NOV-14-00 .04:03 P-r1 L1 I Y. HkL - i1H
°° -- AKM Consulting Engineers
-City Review
AKM Prop.3eai No. 00 -2202
PROJECT SCHEDULE
CITY OF ARCADIA
Water Master Plan Update - 2001
August 31, 2000
b263597028 P.01
.411(M
RVPUB \NGS \557188
EXHIBIT "C"
COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
C -1
1 Research & Assessment
TOTAL
a. Kick -Off Meeting
b. Review Existing Information
c. Visit Facilities
d. Interview Operators
e. Annual Water Report
2 Hydraulic Analysis
a. Update Model w /Diurnal Curves (Optional)
b. Phase A - Analysis
c. Phase B - Assessment
d. Phase C - Summary Technical Memo
e. Staff Training (Optional)
3 System Improvement Plan
a. Phase A - Improvements to Existing System
b. Phase B - System Improvement Program
TOTAL HOURS
EXPENSES
1. Priority 1 Programs
2. Priority 2 Programs
1. 2001 - 2006
2. 2006 - 2011
c. Phase C - Summary Technical Memo
4 Water Master Plan Update
RIPT
5 Project Admin /Inspect Effort Est.
AKM Proposal No. 00- 2198\Arcadia Fee Sched Rev 1 9 26 00
FEE SCHEDULE
CITY OF ARCADIA
Water Master Plan Update - 2001
September 25, 2000
nc
8
8
8
4
2
8
4
4
8
8
$135
$12,420
8
8
8
4
4 8 8
2 8 24
8 16 70
4 20 8
4 8
16
4 4
92 172
$120
$20,640
8
24
20 8
8 16 8
8 8
8 8
16 8 16 12
182 16
$100
$60
$18,200 $960
4
2
26
$49
ca
$1,274
24 $2,840
40 $4,440
16 $2,040
8 $1,020
22 $1,942
34 $3,630
94 $10,000
32 $3,740
16 $1,696
36
32
20
20
24
60
10
488
$4,280
$3,800
$2,300
$2,300
$3,000
$5,348
$1,118
$53,494
$1,500
$54,994