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HomeMy WebLinkAboutC-1710a CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this / day of ,/J6V & ✓'- , 20_6 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." 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 Water Master Plan Update 2001 project ( "Project ") as set forth in this .Agreement. 3. TERMS. 3.1 Scope of Services and Term.. 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. RVPUB \NGS \557188 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 __Linder _ this _Agreement, Should__ one 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. RVPUB \NGS \557188 2 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 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 frilly 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. RVPUB \NGS \557188 3 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: RVPUB \NGS \557188 4 (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. RVPUB \NGS \557188 5 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 lawfiilly 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. RVPUB \NGS \557188 6 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 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 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: RVPUB\NGS \557188 7 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 Propert y. 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. RVPUB \NGS \557188 8 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 vohmteers, 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. successors and assigns of the parties. RVPUB \NGS \557188 9 This Agreement shall be binding on the 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 frilly 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. RVPUB \NGS \557188 10 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 AKM CONSULTING ENGINEERS By: wng By: - r_ William R. Kelly A/eki Kayiran, P.L. City Manager Principal ATTEST.• \ C ;,'Clerk APPROVED AS TO FORM- t JI StephA P. Deitsch, City Attorney RVPUB \NGS \557188 11 11/8/00 11:54 AM 1- 510 -,A52 -2193 r-1 ; --4 0 7 A 1626359702P 002 r ^r1NCT1T. � CERTIFICATE, OF LI BILaY INSUK- NCE I /001' I /a PRODUCER Dealey, Renton & Associates P. 0. BOX 12675 Oakland, CA 94604 -2675 510 465 -3090 THIS CERTIFICATE. IS ISSUED AS A NNIATTER OF 1NFOR- L- %TICIN ONL`i' AND CONFERS N(-) RIGHTS UPON THE CERTIFIC'±TI' HOLDER. THIS CERTIFICATE DOES NOT ANIEND, EXTEND OR ALTER TEE COVERAGE AFFORDED BY THE POLICIES BELT. INSLi:F:RS.0FORDING COVERAGE iNSURED AM Cansulting Engineers, Inc. 101 Pacifica, Suite 150 Irvine, CA 92718 INuIREIA. Hartford Casualty Insurance Co. NSUM1EF:E American Automobile Ins. Co. IN5URERC: Vur� -�! h American Insurance Co. NSLircB D NSURER c: THEYPOI ICIES OF 24SURANCT, LISTED BELOW HAV� BEEN JSSl:ED TO TTIE INSI %RED "- .'u',gD ABOVE FOR THE POLICY PERIOD INDICATED. NOTW[THST'.A ;DIN , -.Ny REQL ?IREMENT, TERM OR CONDITION OF :=N-Y CQNTF -`.CT OR OTIEER DOCI!MENT WITH RESPECT TO WE CH THIS C111,1 FIC.ATP. `,IAY BE ISSUPD Q MAY PERTAIN, 'IT-if INSL "RANCE .AFFORDED BY THE POLIQES DF,SC:RIBED HEREON IS SUBJECT TO ALL THE TERNIS, EXC'LLFSIOtNS A1YD C'OKDF ^C7NS OF SU .. FOL!CiES. ACKREGATE LIMITS SHOWN MAN HAVE BEEN REDUCED BY PAID CLAIMS. ,NST+, T PE VP'INSUKANf.'E POLICY NUMBER POLICY EFFEC'C ?VE (ay, +. POLWY EXPIKATI,Gti , LIMITS A CC4r;EI:AL.LIABILITY 57SEALU8719 09/20/00 09/20/01 E10 H11C_`GRR?N-'R h2,000 100 P1 RE DAM, ? t.A, s 0� 0 Q C?v[NiSR "!AL':.i9NcR >l77Ll.'� �1..1'["�" ivLED Ew- fVI :r: : ai �'S' q1 /r� l V CLNNIS -`Vg ' RS NA E tiF�V !NJTJPY /1000 / y� 1 2 0 0 t.'� 0 000 .^� J.;B.NEI:AL AvG LE'C,AT H 14,000,00D �^ rIN L a7,^M1?GATE LIMIT APFi.IES FER.: FRCDUCTS 4, d V 'J , IJ V V X r, FIR,- A AI!TOhIOBILELIABILITY ANTA, ITS 57SBALU8 19 09/20/00 09/20/01 n�14viNEDSNt;LE LiN[17 2, 000, GOO - cODiLY INJURY AI!. crYiNE.r. A1J71OS A'� ^D S SOH n _� L6 D JT r cr perncn) x V i !� BOii IL71NJURY lP °r asp ;Ie>lti F I=!"r, Ai1T' NON -0W NE:� AUT•_g F'A <JFEk ?'S'E,4ivL4GH S GAR4GE LIABILITY BA ACC L�fHEP.THAN — 6 ANY AIJT? EXCESS LIABILITY =.. UR ;iLAIMS MAEB EAC!i :t 7 El: !Y-TI FL B TT .G� R GP.IC.ERS COhIPENS:aTION AND j/V Z P O U CJ 5 1 6 0 2 —� —y U!/ 0 1/ U 0 0 1/ 0 1/ 0 1 �, �A�C' y �� J- IGvCH- B.L. E t N AI.rtU. -NT 't 1,000,000 _ E rIPLCYEPS' LIABILITY E,!,.L'i5'EASF. -EA RMPLOT"EE , 000 # 1 000 I E.L. D',SEIAS'E - POL.IOT LIM1T / 11 0 0 0 0 0 C C CTRER Prof essional EC,C366535803 09/20,`00 09120101 $1,000,000 per claim Liability $2,000,000 annl aggr. DES( RI. "PION OF OPER4Tt ONS(L OC,AT IONNVEIii CLES /E7KC LUS IONS ADDED BY ENDORSEM EMC! SPEC] A!, PROV1S IONS C-'ty of Arcadia, its directors, officials, officers, employees, agents and volunteers are additional insureds for General Liability per CG201C attached. Waiver of subrogation applies to Workers` Comp. Professional Liability deductible. $25,000 /claim. rRRTIFIC:ATE HOLDER I I A DDrFaN .aLwSU:ED•fNSURERI.E.TrER: - -- CANCELLATION City of Arcadia Lee Ann Hamilton 240 West Huntington Drive P. C. Box 60021 Arcadia, CA 91066 -6021 SHOULD ANFOFTHE.ABOVE DESCRIBED POLICIES BE CANCELLED B EFCRETI -I EEAPIRA'F'CJN DATETHEREOP, THE IEY`IJING INSUkER SV 1LL }(, M17AIL —, AY9 i<V RII'I'EN NO ICETOTHE CERTIIi IC;ATfi IVE r / ACoRD.)s.S;7j9%1 1 of 1 #M45223 __ MNN U ACORD CORPORATION 1988 11/8/00 11:54 AM 1- 510 - ^52 -2193 16263597021" 003 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 040P.W511111119 (Name of Person or Organization: City of Arcadia Lee Ann Hamilton 240 West Huntington Drive P. O. Box 60021 Arcadia, CA 91066-6021 (if no entry appears 8bove, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown it 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. CG 20 10 11 85 EXHIBIT "All SCOPE OF SERVICES [INSERT SCOPE] RVPUB \NGS \557188 A -1 SECTION • Understanding Approach s 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 2 -1 Water Master Plan Update - 2001 AKM Proposal No. 00 -2202 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 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 A<M, 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 recommendations. These may include the future requirements of Section 28. Task 2 - Hydraulic Analyses reviewed, and assess the issues involving their wells in the Main San Gabriel Basin and the 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 . Task 4 - Water Master Plan Update The work effort and the results of Tasks 1 through summary format for use by the City and the Program Appendices will include all backup information improvements. 3 will be presented in a letter type executive Manager in preparing the master plan update. utilized in formulating the recommended Task 5 Assessment of Proaram Management of the Recommended Proiects 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 WON EXHIBIT "B" SCHEDULE OF SERVICES [INSERT SCHEDULE] RVPUB\NGS \557188 B -1 NUV— 14-00 .04 :03 WM U Z I Y. f4wUkU l H Eb26355702�t P . 01 PROJECT SCHEDULE CITY OF ARCADIA Water Master Man Update - 2001 August 31, 2000 1AKM Consulting Engineers ===mCity Review _L(M AKM Prop.)sal No. 00 -2202 alnnlhs (from NTP) Oct '00 Nov '00 Nc '00 Jan '01 Feb 'Ot 6 1 13 20 27 3 10 »' ¢. 5 a 1b L22 28 5 12 tG 26 1 2 D �6 231 2 TASK 1 Research & Assessment I I f l f f ((' a. Kick -Ott Meeting b. Review Exla11ng Intormatlon I 1 I f C. Visit Factittias d. Interview Operatora a. Annual W star Report — 2 Hydraulic Analysis _ I II a. Update Model w0urnal Curves b. Phase A • Analysis - Iii c. Phase s - Assessment f�.__ I �I d. Phase C - S mmery Tech Memo $too Training (D,ottnnst) 9 System Improvement Plan 1 a. Phase A •improvements to Existing System — �.� ... IL 1. Priority _1.Progreme 2. Priorlty 2 Programs b. Phase 0 . System Improvement Program 1.2001.2008 i C. Phase C - Summary Tech Memo i 4 Water Master Plan Updato 3 Proloct Administration /inspection Effort Estimate ' L_... _.. - Meetl"as + i M M MI M M M; 1AKM Consulting Engineers ===mCity Review _L(M AKM Prop.)sal No. 00 -2202 EXHIBIT "C" COMPENSATION [INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES] RVPUB \NGS \557188 C -1 FEE SCHEDULE CITY OF ARCADIA Water Master Plan Update - 2001 September 25, 2000 1 Research& Assessment 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 1. Priority 1 Programs 2. Priority 2 Programs b. Phase B - System Improvement Program 1. 2001 - 2006 2. 2006 - 2011 c. Phase C - Summary Technical Memo 4 Water Master Plan Update 5 Project Admin /Inspect Effort Est. TOTAL HOURS EXPENSES TOTAL AKM Proposal No. 00- 21MArcadia Fee Schad Rev 1 9 26 00 8 8 8 1 i 24 $2,840 8 8 24 40 $4,440 8 8 16 $2,040 4 4 8 8 — $1,020 2 4 8 8 - -� 22 $1,942 -- 8 � 16 -- 2 8 24 34 $3,630 8 16 1 70 94 $10,000 4 20 8 32 $3,740 4 _ 8 i i 4 16 $1,696 8 i 20 8 4 8 8 4 8 8 -- 8 � 16 -- 8 — 16 ! 8 — - 16 - -- 12 4 4 2 92 1 172 182 1 16 26 $135 $120 $100 $60 $49 $12,420 $20,640 $18,200 1 $960 1 $1,274 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