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HomeMy WebLinkAboutC-17113.2 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 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: Mr. David Byrum and Mr. Richard Shatz. RVPUB \NGS \557188 2 3.2.5 City's Representative. The City hereby designates Ms. LeAnne E. Hamilton, 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 Mr. David Byrum, 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 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 indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claims 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 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 one hundred twenty -four thousand nine hundred eighty -three dollars ($124,983.00) 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. RV PUS \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: RV PUB \NGS \557188 7 Consultant: City: Civiltec Engineering Inc. 118 West Lime Avenue Monrovia CA 91016 Attn: Mr. David Byrum City of Arcadia 11800 Goldring Road Arcadia CA 91066 Attn: Ms. LeAnne E. Hamilton, Public Works Services Dept. 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. 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 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 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. 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. RVPUB \NGS \557188 9 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. 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. RVPUB \NGS \557188 10 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 CIVILTFC ENGINEERING INC. By: —W-4& By: William R. Kelly City Manager ATTEST.• `ityberk >' APPROVED AS TO FORM-, Stephen' P. Deitsch, City Attorney RVPUB \NGS \557188 11 W. David Byrum, P.E. Vice President Principal Engineer v' ACOR®M CERTIFICf TE OF LIABILITY INSLr_ !"'ONCE DATE (MM /DD/YY) PRODUCER (849)263 -0606 FAX 11/14/2000 (949) z63 -0906 Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DATE (MM/DD/YY) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1500 Quail St . , Suite 410 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Newport Beach, CA 92660 7RS65951900 01/01/2000 INSURERS AFFORDING COVERAGE INSURED Civiltec Engineering, Inc. $ 1,000,000 INSURER A: American Motorists Ins. Co. 118 W. Lime Ave. $ 100,000 INSURER e: American Manufacturers Mutual Monrovia, CA 91016 _ $ 10,000 INSURER C: (c /o Kemper KSA) 0011 e PERSONAL &ADV INJURY $ 11000,000 INSURER D: COVERAGFR GENERAL AGGREGATE INSURER E: Y Or /';KCIi +tA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD/YY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR 7RS65951900 01/01/2000 01/01/2001 EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) _ $ 10,000 PERSONAL &ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: POLICY PRO- JECT LOC PRODUCTS - COMP /OPAGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS E7YO4022300 01/01/2000 01 /01 12001 COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 X BODILY INJURY (Per person) -- $ B SCHEDULED AUTOS X HIREDAUTOS BODILY INJURY (Per (Per accident) NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY OCCUR CLAIMS MADE 7RS65951900 01/01/2000 01/01/2001 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 7CW30534201 01/011/2000 01/01/2001 EMPLOYERS' LIABILITY X TORY LIMITS ER A E.L, EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYE $ 11000,000 OTHER E.L. DISEASE - POLICY LIMIT $ 1,000,000 10 day notice applies to non - payment and /or non - reporting DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ertificate holder is additional insured as respects general liability but only if required by written contract with the named insured prior to an occurence and as per coverage form BP7434. Holder named additional insured as respects auto liability as per endt. form CA7912. Waiver endt. WC040306 included espects work comp only. Coverage subject to all policy terms and conditions. E: Anoakia Well Design Project CERTIFICATEHoi nFR I I _, .,....._..___ ..._..___._ —__ ., .,.,- ...�..... City of Arcadia, its directors, officials, officers, employees, agents and volunteers 240 W. Huntington Dr. Arcadia, CA 91006 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Xrk)J W MAIL l 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ii4t:7AiP�- lQ�(�iP(hkhILX�E�D! �E�R4i4c�thP�4Q7t9E�7� ;NR;'?1�M�9�k- ;@9@t� -�PXX S�xX5d4tNPaMPf�M RIMR�ChPSc ��C�CiNR�CSF9CPk4t�€kT(9TiC✓J€Y X X X X X X X AUTHORIZED REPRESENTATIVE Alicia Igram /MICHMA ARCHITECTS AND l sINEERS PROGRAM ENDORL ✓TENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: Civiltec Engineering, Inc. AMERICAN MOTORISTS POLICY NUMBER: 7RS65951900 INSURANCE COMPANY POLICY PERIOD: 01/01/00 to 01 /01 /01 ADDITIONAL INSURED: City of Arcadia, its directors, officials, officers, employees, agents and volunteers This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY C. Waiver of Subrogation: A. Additional Insured: The following is added to the Businessowners Liability Coverage Form, BP 7108; Item 5. Of Section C. — WHO IS AN INSURED, is deleted and replaced by the following: 5. Additional Insureds — By Contract, Agreement Or Permit Any person or organization to whom or to which you are obligated by virture of a written contract, agreement or permit to provide such insurance as affored by this policy is an insured, but only with respect to liability arising out of: a. "Your work" for that insured by you; Permits issued by state or political subdivisions for operations performed by you; or c. Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury,' "property damage," "personal injury" or "advertising injury." B. Primary Coverage: With respect to claims arising out of the operations of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insureds. Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition, of the Businessowners Common Policy Conditions, BP 71 10, is deleted and replaced by the following: 2. Applicable to Businessowners Liability Coverage: a. If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. After a loss you may waive your rights against another party in writing, only if, at the time of the loss, that party is one of the following: A business firm: 1) Owned or controlled by you; or 2) That owns or controls you. Countersigned by Authorized Representative BP 7434 (Ed. 07 99) Abbreviated Printed in U.S.A. Policy No: E7Y04022300 Named Insured: Civiltec En &..,eering, Inc. ADDITIONAL INTEREST INSURED THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Additional Interest: City of Arcadia, its directors, officials, officers, employees, agents and volunteers The additional interest shown above is an "Insured" but only to the extent of their liability for the conduct of an "Insured" described in paragraphs a, and b. of Item A. I. WHO IS AN INSURED of Section II -- LIABILITY COVERAGE. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. CA 79 12 (Ed. 12 93) Printed in U.S.A. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01 /01 /00 Policy No. 7cw30534201 Endorsement No. 1 Insured Civiltec Engineering, Inc. Premium Insurance Company AMERICAN MOTORISTS INSURANCE COMPANY,�(AMICO) 1 Countersigned by C_ , aye SCHEDULE Person or Organization Job Description Anyone for whom the Named Insured has agreed to furnish this Waiver We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers compensation premium otherwise due on such remuneration. Subject to minimum premium of $100.00. THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. .gCORDM CERTIFICt "rE OF LIABILITY INSU - ANCE DATE(MM /DD/YY) PRODUCER (849)263 -0606 FAX 11/14/2000 <949) 263 -0906 Complete Insurance, Inc. 1500 Quail St . , Suite 410 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Newport Beach, CA 92660 LIMITS INSURERS AFFORDING COVERAGE INSURED Civiltec Engineering, Inc. INSURER A: Continental Casualty Company 118 W. Lime Ave. $ INSURER 8: (c /o Victor 0. Schinnerer) Monrovia, CA 91016 INSURER C: FIRE DAMAGE (Any one fire) INSURER D: MED EXP (Any one person) $ INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE POLICY NUMBER MM /DD DATE( /YY) DATE (MM /DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO JECT LOC PRODUCTS - COMP /OPAGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY OCCUR F CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS 'E' R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER rofessional Liability EE006095590 01/01/2000 01/01/2001 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS 0 day notice Endt. 83118 included - 10 day notice applies to non - payment. E: Anoakia Well Design Project C17RTIFIr%AT1= Wr%l r1CQ I I ---.- . ----- .-.___ -- ........ -.. ......... City of Arcadia, its directors, officials, officers, employees, agents and volunteers 240 W. Huntington Dr. Arcadia, CA 91006 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. —1n 11—nc .... FAIIVM Alicia Igram /MICHMA �/' l PROFESSIONAL LIABILITY ARCHITECTS /ENGINEERS CNA For All the Commitments You Make® INSURED: Civiltec Engineering, Inc. POLICY #: AEE006095590 EFFECTIVE: 01 /01 /00 ENDORSEMENT NUMBER: 1 ENDORSEMENT It is agreed that this policy will not be cancelled until thirty (30) days prior written notice is given to: City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 All other provisions of this policy remain unchanged. No Signature nor Countersignature is required in the State of California Countersigned by Authorized Representative 83 -113 (Ed. 08/83) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. EXHIBIT "A" SCOPE OF SERVICES RVPUB \NGS \557188 A -1 CIVIL AND ENVIRONMENTAL ENGINEERING, PLANNING AND CONSTRUCTION MANAGEMENT August 14, 2000 City of Arcadia 240 W. Huntington Drive P.O. Box 60021 Arcadia, California 91066 -6021 Dear Mr. Lewis Civiltec Engineering, Inc. (Civiltec) and Law /Crandall (LAW) is pleased to submit this proposal to the City of Arcadia (City) to provide professional civil engineering and hydrogeologic services in connection with evaluating the Anoakia property for a potential municipal well site. Our proposal is based on our understanding of the project as described in during our meeting on August 1, 2000 with Ms. LeAnne Hamilton and Mr. Gary Lewis and subsequent discussions with City personnel. This proposal contains a logical procession of work from a well siting study through site preparation to final construction of the well and pumping plant. Each step provides additional design details and engineers' cost estimates up to initiation of construction. This proposal also includes time to prepare a well permit application, a Drinking Water Source Assessment, a National Pollutant Discharge Elimination System (NPDES) permit for discharge of aquifer test water to surface water, and CEQA documentation. The new well is to be located on a parcel that may be deeded to the City if the property has favorable hydrogeologic conditions for construction of a municipal well. The property is located on the northwest comer of Baldwin Avenue and Foothill Boulevard, at the old Baldwin estate. The parcel to be deeded to the City is located at the northwest corner of the property adjacent to Anoakia Lane. The site is currently surrounded by a concrete block wall and is occupied by a tennis court and some small trees. We understand that the City would like to have a well siting study performed for the property to assess the potential for a municipal well. If the conditions appear to be favorable, plans and specification will be prepared to solicit a drilling contractor to drill and construct the well. Site modifications will have to be made prior to mobilization of the drilling contractor. Civiltec Engineering, Inc. will be the prime consultant and the civil engineer to design the well equipment and building. Civiltec's overall Project Manager for the project will be Mr. David Byrum (designated as the Principal Engineer), who has provided engineering services to the City on other water supply projects, including the St. Joseph Well No. 2. Mr. Byrum is a Vice President and Principal Engineer of Civiltec and will direct the engineering aspects of the project. 118 W. LIME AVENUE MONROVIA, CA 91016 TEL: (626) 357 -0588 FAX: (626) 303 -7957 City of Arcadia.— Revised Proposal for Exploration Drilling and Design Services August 14, 2000 Anoakia Well Project LAW's Project Manager for the project will be Mr. Richard Shatz, who has designed more than 30 municipal water supply wells similar to the type required for this project. He has 20 years of experience in geology and hydrogeology, with emphasis on water supply projects, and has worked extensively with many water districts and water purveyors. We are confident that the team of Civiltec and LAW will meet or exceed the goals of the project and provide the City with high quality consulting services. If you have any questions pertaining to this proposal, please contact Mr. Byrum at (626) 357 -0588. Sincerely, CIVILTEC engineering, inc. W. David Byrum, P.E. Vice President RS:WDB:dmw J:A2000\Proposa1s \P00179 - LAW revised to CT.doc 2 1. PROJECT APPROACH ................... ............................... 3 Scopeof Services ............................................... ............................... 3 2. PROJECT SCHEDULE .................... .............................15 3. COST ESTIMATE ............................ .............................16 CIVILTEC engineering, ine. 1. PROJECT i . L The specific tasks to be completed for this project are presented as follows: Task 1— Preliminary Design Subtask 1. 1 Background Research We will meet with the City to have a kick -off meeting to discuss the project schedule, administrative matters, and technical items pertaining to the project. We understand that the City has particular interest to discuss site constraints, permits and local regulations. At the kickoff meeting, we will request the City to provide relevant background information pertaining to the existing well and other local wells near the site and area improvement plans. We anticipate that this will include: ® Record drawings for City facilities and other utilities pertaining to the project. ® Legal descriptions of the well property. ® Access to Department of Water Resource well logs. • Proposed site plans with electronic AutoCAD files of the site topographic survey performed by the developer and the City's new scribed aerial survey of the area. • Street plans for Anoakia Lane and on site improvements. • Sewer plans for Anoakia Lane and on site improvements. • Water plans for Anoakia Lane and on site improvements. • Storm drain plans for the adjacent channel, Anoakia Lane and on site improvements. • Baldwin Estates geotechnical report prepared for the developer. ® Other pertinent plans. Obtaining copies of any electronic files available of the above will be appreciated. The City will provide the information to LAW and Civiltec. Civiltec will conduct a complete utility research of Anoakia Lane and the Anoakia site to confirm existing utilities. Subtask 1.2— Hydrogeology / Site Evaluation This subtask will focus upon information to evaluate if the site has favorable hydrogeologic conditions for construction of a municipal supply well and to prepare plans and specifications for pilot hole drilling, well construction and City of Arcadia. — Revised Proposal for Well Design and Construction More_ ring Services August 14, 2000 Anoakia Well Page 4 testing. The well siting evaluation will focus on key hydrogeologic parameters including: • Kind of aquifer system at the site (e.g. unconfined, semi - confined or confined) • Type of water - bearing material(s) • Barrier conditions (e.g. faults, bedrock contacts, changes in permeability) • Thickness of the water - bearing materials • Transmissivity (i.e. ability of the aquifer to produce groundwater to a well) M Water level • Direction of groundwater flow • Water quality Other important considerations are: • Proximity of existing wells • Areas of recharge and discharge ® Potential sources of contamination (e.g. gasoline stations, underground storage tanks, treatment plants) LAW plans to use an existing environmental search performed for the City during an evaluation of four other potential well sites during 1999. Using this report will reduce costs for the City. Using the information collected from the City and other sources, we will develop a conceptual model of the site - specific hydrogeology. We will estimate the following parameters for exploratory drilling and for eventual well construction: • Drilling depth • Water quality • Depth of the principal water- bearing sediments • Low permeability materials that may isolate aquifers and indicate changes in water quality. • Potential areas, if reasonable, for isolation zone testing ® Groundwater level • Well yield, and • Estimated pumping level Civiltec will prepare a drawing of the existing conditions at the site at a suitable scale to be used for planning purposes. We will utilize City record information compiled for this task to complete the drawings. The site drawing will be prepared in AutoCAD, Release 14. CIVILTEC engineering, inc. City ofArcadia.—Revised PT'oposaI for Well Design and Construction Mot, ring Services August 14, 2000 Anoakia Well Page 5 Civiltec will utilize the available information obtained to evaluate the site access, demolition requirements, required piping improvements, system hydraulics and potential noise generation at the site and sound attenuation methods. Civiltec will subcontract a noise study of the site by placing noise recording equipment at the site for a 72 -hour period. Place this same equipment for a 72 -hour period at a similar site that has well equipment housed in a building to measure equipment noises for evaluation. Civiltec will evaluate the electrical requirements at the site and contact Southern California Edison (SCE) to begin planning of a new service or upgrade of the existing service. SCE is to perform a flicker dip analysis of the service in the area to ensure proper performance with the new well. Civiltec will assist the City in any SCE applications required. Subtask 1.3 —Site Planning Utilizing information developed by LAW, Civiltec will size the motor horsepower, column piping, well discharge head, well discharge piping and electrical service upgrades required at the sites. Civiltec will prepare preliminary site plan layout that addresses well location on the site, piping configurations, system tie -in, SCE service location, building floor plan, site access and security and chlorination facilities. This Task will address one layout for use of a vertical motor, size of building identical to the St. Joseph Well No. 2 building, preliminary piping layouts and flushing and drainage devices. The layout shall be prepared in an AutoCAD format. It is assumed the City will acquire the well site property through the tract map recording or through the developer's engineer. We do not address property acquisition in our scope of services. We will prepare cost estimates for the pilot hole drilling, proposed facilities and well construction. Subtask 1.4— Geotechnical Site Evaluation The site is currently occupied by a tennis courts and some small trees. Adjacent to the site to the west is a concrete lined box storm drain channel. On the north side is a concrete block wall. We understand that the property owner will do no site improvements. Therefore the City must demolish the existing structures and prepare the site for a concrete block building and pavement capable of supporting semi - trucks. We understand that a geotechnical report has been prepared to evaluate the site conditions for residential development. If possible we will use information contained in the report. However, the available information may not be applicable to the Anoakia well site. CIVILTEC engineering, inc. City of Arcadia. — Reuised Proposal for Well Design and Construction Mo'r, ring Services August 14, 2000 Anoakia Well Page 6 LAW plans to drill two borings to evaluate the soils properties beneath the site using a limited access hollow stein auger. Site modifications should not be required with this equipment. One boring will be drilled beneath the location of the concrete block structure to a depth of 20 feet. The second boring will be drilled within the access road to 10 feet. Our goetechnical site evaluation services will consist of the following main tasks: • Subsurface explorations to evaluate the nature and stratigraphy of the subsurface soils, and to obtain undisturbed and bulk samples for laboratory observation and testing; • Laboratory testing of soil samples for evaluation of the static physical soil properties; • Engineering evaluation of the geotechnical data to develop recommendations for design of foundations, for concrete slab support and pavement and for earthwork for the proposed project. We have assumed that we will not have to restore any fences or hardscape damaged or removed during the drilling process. Also access through the Baldwin estates will be made available for our equipment and personnel. Subtask 1.5— Pre - Design Report Our findings on the engineering and hydrogeologic considerations for the project will be presented in a Preliminary Design Report (PDR). The PDR will present our findings on the well siting evaluation including the hydrogeology and water quality beneath the site. The PDR will include a hydrogeologic cross - section and a geologic map (if necessary). The construction parameters for pilot hole drilling for the new well will be presented. We will also identify if distinct aquifers are present, indicating potentially different water quality, that could feasibly be checked using aquifer isolation zone tests. For planning purposes, we will prepare a pre - design cost estimate for drilling, construction, and testing for a new municipal well. The report will address access, piping and noise concerns, site layouts, size of equipment, chlorination treatment at the site required to meet present day and pending regulations, and cost estimates of the recommended configuration. The report will also contain the results of the geotechnical site evaluation and will present recommendation for foundation support for the concrete block building and access road and earthwork required for the proposed project. We will submit three draft copies of the PDR for the City's review and five final copies upon the City's approval. CIVILTEC engineering, inc. City of Arcadia.— Revised Proposal for Well Design and Construction Mot, -)ring Services August 14, 2000 Anoakia Well Page 7 Task 2— Permitting We understand the City would like LAW to prepare permit applications to the Department of Health Services (DHS), to the Raymond Basin Watermaster, and to the Regional Water Quality Control Board ( RWQCB). The following scope outlines our approach to complete the work. All permit costs will be borne by the City. Subtask 2. 1 Permits and Assessments 2.1.1 —DHS Well Permit Application Civiltec will prepare the well permit application for submittal to the DHS to permit the well as a water supply source. Civiltec will prepare a plot plan showing a 500 -foot radius from the selected well site to show pertinent features. We will complete the required forms and provide a copy of the permit for your review. We will revise the permit application, if necessary, with your comments and submit 2 copies of the final permit application to the City. The City will submit the application along with any required fees to DHS. 2.1.2— Drinking Water Source Assessment LAW will prepare a Drinking Water Source Assessment (DWSA) for the Anoakia well site. The DWSA will be prepared using general hydrologic parameters, obtained from selected references. We will complete the required forms and provide a copy of the DWSA for your review. If necessary, we will revise the DWSA and incorporate your comments. We will submit 2 copies of the final DWSA to the City. The City will submit the DWSA to DHS. We have assumed that the City will assist us to list potentially contaminating activities within the designated protection zones. 2.13—NPDES Permit LAW will prepare an application for a National Pollutant Discharge Elimination System (NPDES) permit to obtain permission from the RWQCB to discharge test water from the Anoakia well. We plan to use water quality results from on -site monitoring wells, constructed by the Department of Water Resources, to predict the quality of water to be discharged. The NPDES permit application will include a Report of Waste Discharge, a Feasibility for Water Reuse section, and completed NPDES application forms. We will prepare the required reports and forms and provide a copy for your review. If necessary, we will revise the NPDES application and report, and CIVILTEC engineering, inc. City of Arcadia.— Revised Proposal for Well Design and Construction Mo. -)ring Seruices August 14, 2000 Anoakia Well Page 8 2.1.4 —CEQA incorporate your comments. We will submit 2 copies of the final NPDES application to the City. The City will submit the application and reports to RWQCB along with any permitting fees. Civiltec will perform the services required to prepare a Mitigated Negative Declaration (MND). These services will include preparation of the environmental checklist, preparation of the MND document and related exhibits of the site plan. Civiltec will provide the City with the MND documents for processing in accordance with CEQA guidelines. The City Staff will process the MND to completion. We are available to attend one public hearing and attend one meeting with the City staff to prepare for the hearing. 2.1.5— Raymond Basin Watermaster Application Civiltec will perform the services required to prepare the Raymond Basin Board application to drill the new well. We will complete the application and required exhibits and attend one meeting with the Executive Director of the Basin in the approval process. In discussions with the Executive Director, he will only require a letter application with location information to approve the drilling. Task 3 —Site Preparation Before the drilling contractor can mobilize onto site and begin well construction the tennis courts must demolished, portions of the block wall removed, and some small trees. After demolition the site will need to be graded including over- excavation and recompaction of loose natural soils and any fill soils. This task addresses these issues. 3.1. —Plans and Specifications for Site Preparation Civiltec will develop plans and specifications for a demolition and grading plan for bidding by the City of Arcadia. This action will be required to create access to the site off of Anoakia Lane, to demolish existing improvements on the site, and to prepare the site for construction of the well and distribution system. 3.2— Construction Staking Civiltec will stake the property prior to construction activities to identify the property limits (grading footprint) and portions of the existing wall that will have to be removed. CIVILTEC engineering, inc. City of Arcadia. —Revised Proposal for Well Design and Construction Morr_ ring Services August 14, 2000 Anoakia Well Page 9 3.3— ('xeo tech nicaI Inspection Services LAW will provide geotechnical inspection services during grading, excavation, and backfill. We will perform construction monitoring, laboratory compaction, and field density testing to confirm that the soils are being placed in accordance with the specifications. We have assumed 3 days for budgeting purposes for inspection of the work. Our cost is based on the performance of the contractor. Task 4 —Well Construction We understand that one of the City would like to combine exploratory drilling with well construction. The following scope outlines our approach to complete the work. Isolation zone testing is not included in the scope outlined below but is identified as an optional service in Task 5. Subtask 4.1 —Plans and Specifications 4.1.1 —Plans and Specifications LAW will prepare design plans for the drilling and construction of the new well showing the conductor casing, sanitary seal, borehole diameter, well casing, well screen, and the estimated depth for the well. The technical specifications will include detailed descriptions of the following: • Acceptable drilling equipment • Conductor casing length, diameter, and ASTM specification • Sanitary seal requirements • Handling of drilling fluid • Borehole diameter • Geophysical logging • Well casing and screen materials; length, diameter, and ASTM specification • Acceptable construction and development methods • Preliminary filter -pack gradation • Test pump and accessory equipment • Production testing procedures The well design specifications will be based on recommendations contained in AWWA A- 100 -97 and California Well Standards (Bulletins 74 -81 and 74 -90). The specifications will provide the following: ® Statements to protect the City from unwarranted change orders and stand -by time. CIVILTEC engineering, inc. City of Arcadia.— Revised Proposal for Well Design and Construction Mo; _wring Services August 14, 2000 Anoakia Well Page 10 ® Requirements that the contractor perform alignment tests on the pilot borehole. • Requirements that the drilling contractor provide gradation curves for currently available filter -pack material and a sample of the materials prior to delivery. • Requirements that the drilling contractor provide sanitary facilities and sound barriers. N Requirements that the contractor provide the necessary permits to drill the well. We will submit a draft set of plans and specifications for construction of the well for review by the City at the 95% completion level. Upon receipt of the City's review comments, we will finalize the plans and specifications and submit one master set of plans and specifications. We will also submit bid sheets that the City can include in the final bid document. 4.1.2— Engineer's Estimate LAW will prepare an engineer's estimate to drill and construct the new well. Our estimate will be based on unit prices that we have received from licensed well drillers on other water wells drilled in similar conditions to those at the site. 4.13— Assistance to Bidders LAW and Civiltec will provide assistance during the bidding process to clarify drawings and specifications to potential bidders, and issue addenda as necessary. Bids received for the well equipment will be reviewed and assistance will be provided to recommend the award of the contract. Subtask 4.2— Construction Monitoring 4.2.1— Construction Staking Civiltec will provide construction staking to establish horizontal and vertical alignment of the well location to meet the pre- design plans for the location of the pipelines, station structures and other appurtenances. 4.2.2 —Pilot Hole Logging During the drilling of the pilot hole, LAW will collect and classify samples of the cuttings from the circulation system and prepare written and graphic well logs to show the depth of the water - bearing units and nonwater- bearing strata. As the pilot borehole is drilled, we will select samples from the water - CIVILTEC engineering, inc. City of Arcadia. — Revised Proposal for Well Design and Construction Moi. ,ring Services August 14, 2000 Anoakia Well Page 11 bearing zones and perform sieve analyses to select an appropriate gradation design of the gravel pack. We have assumed that we will perform four sieve analyses on samples from the pilot borehole. In addition to sampling and analysis activities, we will maintain a field log of the contractor's activities. 4.23--Geophysical Logging At the completion of pilot hole drilling, LAW will witness the geophysical logging of the pilot borehole, and interpret the logs. We will use these logs and the descriptions of the sediments from the pilot hole drilling to identify aquifers for final well design, and if necessary aquifer isolation zone testing. The results of the sieve analyses will be used to confirm the gravel pack gradation and aperture size of the well screen. Our recommended well design will be presented to the City for approval. We will discuss the design with the contractor prior to the construction of the well. 4.2.4 —Well Construction LAW will be on site on a full -time basis to monitor installation of the well casing, well screen, gravel pack, and annular seal. Our field personnel will record the quantities of materials that are unit price items (e.g., gravel pack and cement grout) for use by the City to adjust the final construction cost of the well. 4.2.5 —Well Development Development of the well is a very important task because it serves to remove drilling fluid and remnants from the annular space between the water - bearing sediments and the well screen. Therefore, LAW will monitor the contractor's activities to check the response of the well during development. We will review the contractor's well development records periodically to evaluate the improvement of the well relative to sand content, rate of discharge, drawdown, yield, and total time of development. We will be particularly attentive to the number of hours of development, because this phase of work is vital to maximize the yield from the well. If necessary, we will recommend to the City that the development time be extended to continue improvement in the well yield. 4.2.6 —Test Pumping LAW will be on site to monitor the step - drawdown and long -term pumping tests. After the step - drawdown test is completed, we will finalize the pumping rate to be used for the long -term pumping test. When the long -term test (24 -hour) has been completed, the well will be allowed to recover to its original static water level. We will monitor the recovery of the well during this time. CIVILTEC engineering, inc. City of Arcadia. — Revised Proposal for Well Design and Construction Mo; gyring Seruices August 14, 2000 Anoakia Well Page 12 4.2.7 —Well Alignment and Video Camera SurveV LAW will be on site to observe the plumbness and alignment tests of the well and to review the results with the contractor. These parameters are quality assurance measures that will be defined in the specifications. We typically include a video survey in our well specifications to provide the City of Arcadia with a visual record of the downhole conditions after the Contractor has removed all test equipment from the well. We will be on site during the video camera survey of the well. 4.2.8— Contractor's Invoices LAW will review the contractor's invoices that are submitted to the City for payment and compare them to our field documentation. Our recommendations will be provided to the City as to the payment on the invoice items. If necessary, we will provide written documentation addressing the reasons for rejecting the invoice. 4.2.9 —Well Completion Report LAW will summarize the results of Task 4 in a Well Completion Report (WCR). The WCR will present the lithologic log of the well, copies of the geophysical logs, the as -built well destruction and construction details, aquifer test results, and recommendations for long -term pumping rate of the well. The WCR will be used by Civiltec to prepare the final engineering design of the pumping plant. We will meet with the City to discuss the WCR and transition from the well construction phase to the design phase for the pumping plant. Task 5— Pumping Plant Design and Construction Assistance This task includes the preparation plans and specifications for the pumping plant for the Anoakia well. Until the production testing completed for the well, the actual pumping rate and total head were estimates. The testing described in Task 3 will now be used to design an efficient pumping plant. Included in this task is construction staking and assistance. Subtask 5.1 Equipment Design 5.1.1 — Design Drawings and Technical Specifications Civiltec will prepare site plan design drawings completely detailing the well building structure, all piping including the discharge pipeline to be constructed from the well to Baldwin Avenue along Anoakia Lane, pump, access, grading and drainage, valving, electrical controls and telemetry. The drawings will be prepared in ink on City of Arcadia standard title block 24- by 36 -sinch mylar. CIVILTEC engineering, inc. City of Arcadia. —Revised Proposal for Well Design and Construction Mot. ring Services August 14, 2000 Anoakia Well Page 13 The drawings will be produced 100% AutoCAD, including all electrical, well design and structural drawings, in a format acceptable to the City. Civiltec presently uses AutoCAD, Release 14 with Eaglepoint. Civiltec will provide final signed original mylars for City use plus 3' /cinch diskettes of all AutoCAD drawing files. Technical Specifications will also be prepared describing the equipment to be installed along with a bid schedule. Submittal of drawings and specifications will be as follows: 60% Design Review: Civiltec will submit preliminary title sheet, second sheet (including vicinity map, location map, general notes, construction notes, etc.), completed base plan sheet information and details indicating preliminary hydrogeologic, civil, structural, mechanical, electrical, piping and a preliminary cost estimate spread sheet for review and comments from the City. Civiltec will meet to discuss submittal to expedite the approval process. ® 95% Design Review: Civiltec will submit complete plans, a refined cost estimate, and preliminary Technical Specifications for review and comments from the City. Civiltec will address the 60% design review comments and meet to discuss the submittal to expedite the approval process. ® 100% Design Review – Civiltec will submit the final plans reflecting 95% design review corrections, a complete and detailed cost estimate on the contractor's bid proposal form with cost estimate back -up detail, complete (and bound) Technical Specifications, Notice Inviting Bids, General Provisions, Special Provisions, Contract Documents and any appendices for final approval from the City. Civiltec will meet to discuss submittal to expedite the approval process. ® Final Approval Review – Civiltec will submit final plans reflecting 100% design review corrections; complete (and bound) Contract Specifications for final approval and plan signature by the Director of Public Works Services. Civiltec will meet to finalize submittal. 5.1.2 — Bidding Documents and Specifications Civiltec will prepare final specifications including a bidding schedule, Special Provisions, Technical Specifications and Appendices. Original specifications will be submitted for City use and computer files formatted in a word processing program of the City's choice. Civiltec and LAW use Microsoft Word 1997 in house. Original documents will be provided to the City of Arcadia for bidding purposes. AutoCAD drawings on 3 -' /cinch diskettes will be provided for the City's use. The City will assemble the bidding documents and place the Project out to bid. 5.13—Final Construction Cost Estimate Civiltec will prepare a final construction cost estimate on the contractor's bid proposal form in Excel Version 5.0 with cost estimate back -up detail. CIVILTEC engineering, inc. City of Arcadia. —Revised Proposal for Well Design and Construction Mo, _ ring_Seruices August. 14,_2000____ Anoakia Well Page 14 Subtask 5,2—Pumping Plant Construction 5.2.1— Assistance to Bidders LAW and Civiltec will provide assistance during the bidding process to clarify drawings and specifications to potential bidders, and issue addenda as necessary. Bids received for the well equipment will be reviewed and assistance will be provided to recommend the award of the contract. 5.2.2— Construction Staking Civiltec will provide construction staking to establish horizontal and vertical alignment of the pipelines, location of station structures and other appurtenances. 5.23 --- Services by the Project Engineer and Project Nlanager Civiltec's Project Engineer and /or Project Manager will attend meetings including pre -bid and pre - construction meetings, field monitor construction progress, and provide guidance and direction to the City with respect to Contractor conformance to the plans and specifications. 5.2.4 —,Shop Drawings 5.2.5 Addenda Civiltec will review and approve shop drawings and other submittals made by the Contractor. Civiltec will prepare and issue addenda to the specifications and prepare revisions to the plans if required during construction. They will review requests for Contract Change Orders and provide written recommendations to the City for action. Civiltec will prepare progress pay estimates on City forms with backup details and invoice from the Contractor. 5.2.6— "As- Built" Drawings Civiltec will prepare "as- built" drawings utilizing field documentation kept by our team's personnel and the Contractor. All as -built drawings and data will be submitted to the City for its use. LAW and Civiltec will meet to discuss the closing of the project. CIVILTEC engineering, inc. City of Arcadia.—Revised Proposal for Well Design and Construction Mot + -,-ing Services August 14, 2000 Anoakia Well Page 15 Task 6— Optional Services The Anoakia well site is located on alluvial fans from the San Gabriel Mountains, consisting predominately of gravel and sand. Extensive clay layers are not common because of the scouring effects of deposition of the sand and gravel. Aquifers separated by thick, fine - grained beds of sediments may have different water quality. In these cases aquifer isolation zone testing may be recommended to identify good quality water. Because of the geologic environment, it is our current opinion distinct separate aquifers are not present and therefore aquifer isolation zone testing will have no benefit. After completing Task 1, Hydrogeologic Site Evaluation, our opinion may modified. Therefore, we have included aquifer isolation zone testing as an optional service. The following task describes our services should isolation zone testing be requested. 6.1 Aquifer Isolation Zone Testing At the completion of geophysical logging we would identify aquifers to be zone tested. We would identify water bearing and low permeability layers to identify which zones will be tested and where to place isolation seals. We would provide you with a written description of the zones, screen interval and isolation zone seal depths for approval. During isolation zone testing, we would observe the test equipment; we would also observe placement of the screen section, filter pack, and seals for each zone identified to be tested. The Contractor will notify LAW when the zone is fully developed and ready for sampling. We would estimate the volume to purge three well volumes for each test interval and require the well to be adequately purged before collecting each sample. We would measure the water levels in the well during purging to evaluate the effectiveness of the seal isolating the test zone. The cost for laboratory analyses will be paid by the Owner. We have assumed four zones will be tested. After completing the isolation zone test and reviewing the results we would revise the final well design, if necessary. Any changes to the final design will be submitted to the City for approval. 2. PROJECT SCHEDULE We have prepared a proposed schedule for the completion of the project that assumes a start date of September 1, 2000. We understand that the City would like to have the well constructed and equipped by February 2001. CIVILTEC engineering, inc. City of Arcadia_— keuised Proposal for Well Design and Construction Mo, ring Services August 14, 2000 Anoakia Well Page 16 Because of this time requirement, Task 1 Preliminary Design Report (PDR) and Task 2 Permitting need to be performed concurrently instead of waiting for the results of the hydrogeologic evaluation. After receiving authorization to proceed, we project a 45 -day period to complete this work. The finish date is October 15, 2000. We anticipate review of the Preliminary Design Report and approval of the permits will require about 30 days, or a completion data of November 15, 2000. This schedule may be extended due to regulatory review time. During this 30 -day period we will prepare the plans to destroy, grade, excavate, and re- compact the soils to solicit a Contractor for this work. To meet the City's schedule the grading Contractor will need to receive authorization and complete the work within 45 days (tentative date December 30, 2000). Preparation of Technical Plans and Specifications for well construction to solicit bids from drilling contractors will also occur during this 30 day period. Preparation of this document should require about one week. Issuance of the bid package, time for the bidders to return the complete bid package, and contract approval by the City Council is anticipated to take about 45 days (tentative date of December 31, 2000). Once the Contractor is selected it will be about 60 days to drill, construct and test the new well, resulting in a completion date in late February. Based on a September 1, 2000 authorization for LAW to proceed the well would be completed in late February January 2001. Normally, preparation of the plans and specifications for the pumping plant design would begin at this time. Civiltec will accelerate this schedule and begin preparation of plans and specifications after the City's approval of the PDR. However, the plans and specifications cannot be finalized until testing of the well is completed, unless the City wants to adjust any change in electrical load, motor horsepower or pump size with a contractor already under contract. Also ordering of electrical control panels, after the design is completed is currently running about 120 days. Based on our experience, equipping of the well including new water distribution pipes will take about 6 months to complete. The well itself can be constructed by February but it does not appear feasible to have the well equipped and operational by February 2001. It is more likely that the well equipment construction will be completed by June 2001, if we bid the design based upon the PDR before the well completion and adjust the pump and motor with the contrac_.tor. If we wait until the well is completed before bidding the well equipment phase, the completion is likely to be in September 2001. We will bid the project based upon the City's desire for completion. 3. COST ESTIMATE We have prepared an estimate of the cost to complete the scope of services presented in Section 1. We propose to complete the project on a time -and- CIVILTEC engineering, inc. City of Arcadia. — Revised Proposal for Well Design and Construction Mo', ring Services August 14, 2000 Anoakia Well Page 17 materials basis in accordance with the Schedule of Hourly Rate Fees for Environmental Services. A breakdown of the total fee and hourly rates are attached to this end of this proposal. The cost is estimated to be about $124,983. This does not include overtime rates for holidays and weekends. We understand that the City of Arcadia would like to continue the contractual and funding set aside for constructing a well at Rancho No. 6, a well site with questionable capability to provide a useable well, to be used for the Anoakia well site. The available budget for the Anoakia well is $89,033 for the Anoakia well. Although we have revised our scope and costs for the Anoakia well and using portions of our work previously done for the Rancho No. 6 well, there is insufficient funding to complete this project. The increase in cost is related to additional services requested. The cost for the Rancho No. 6 well did not provide cost for DHS well permits, a DWSA, NPDES permitting, the Raymond Basin Application nor CEQA documentation, which amounts to 514.646 in additional services contained in this proposal. Also site preparation was not included in our initial cost estimate at the Rancho No. 6 well site. The cost to prepare the specifications, perform geotechnical drilling, provide a geotechnical evaluation and report, and inspection services is an additional 515.858 of additional services not previously proposed at Rancho 6_ The original building proposed for the Rancho No. 6 site was to be the same steel well building originally proposed for the St. Joseph Well No. 2. The steel well building design is a performance specification with elevation renderings. The new Anoakia building will be a gabled roof, masonry block building with hinged doors identical to the new St. Joseph Well No. 2 building. Civiltec is splitting the cost of the design for the new building style between the St. Joseph Well No. 2 project and the Anoakia Project. The shared design cost increase for this style building is approximately $8,000. Our costs do not include time for construction monitoring of the pumping plant appurtenances. These services can be provided if requested. Our costs also do not include time or expenses should hazardous materials be encounter during geotechnical exploration. CIVILTEC engineering, inc. engineering inc. CIVIL AND ENVIRONMENTAL ENGINEERING, PLANNING AND CONSTRUCTION MANAGEMENT RATESCHEDULE EFFECTIVE UNTIL DECEMBER 31, 2000 PrincipalEngineer ................................................................................. ............................... $125.00 Principal Engineer - Expert Witness Testimony ...................................... ............................... $190.00 SeniorEngineer ...................................................................................... ............................... $115.00 ProjectManager ..................................................................................... ............................... $105.00 ProjectEngineer ..................................................................................... ............................... $100.00 StaffEngineer .......................................................................................... ............................... $98.00 Designer................................................................................................... ............................... $89.00 Designer/ Draftsperson .................................................................. .......................... .. _.......... $82.00 Construction Management Supervisor .................................................... ............................... $75.00 Resident Engineer/ Inspector ................................................................... ............................... $67.00 Draftsperson............................................................................................. ............................... $63.00 JuniorEngineer ........................................................................................ ............................... $55.00 Administrative Assistant / Clerical ............................................................ ............................... $42.00 Two -man Survey Party ........................................................................... ............................... $142.00 Three -man Survey Party ................... .. ......... ....................... .. ........... ............ ..........:.............. $165.00 Subcontracted Services ................................................................ ............................... Cost plus 15% Mileage............................................................................................... ............................... $0.35 /mile NOTE: All rates are effective until December 31, 2000. Any increases in rates after that date will be limited to 8% maximum. 1: \Admi ni strati on\RATES \SCHEDULE. 00. wpd 118 W. LIME AVENUE MONROVIA, CA 91016 TEL: (626) 357 -0588 FAX: (626) 303 -7957 v Z O CJ W N J w Fa- � W Z Z O Q O J CL x w Cl) Cl) m O il- r tD O M om I-- O O O O r r m N m O O (D i� m (D N (17 <t N O — N r m N M M O (D N m 7 V' m (n co M <t M N C\3 Gq FA ER EA Efl EA ba EA (fl C4 EH (A EA 60 0 o O O o 0 0 0 0 0 0 0 0 o O o cn (n e» m (n (n (n (n (n (n (n (n n n (;q E» ER N (fl 6c) GG. Efl 63 ka 64 61). 4f3 C CO k4 N Cl) Cl) ((J O M O O O O O N N O I- V U) to M M O N d' 0 N 0 M (n r r O M T M M m (D N m V +— m u co Cl) 7 N N ER EA EA Ef3 Ef3 EA ER ER fA Hi F}3 Hi K} fA (f3 `OV N co M v N O N O N �t M CO IT O Il- to O O CO I- r O O O O 0) 00 GO. 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CIVIL AND ENVIRONMENTAL ENGINEERING, PLANNING AND CONSTRUCTION MANAGEMENT RATESCHEDULE EFFECTIVE UNTIL DECEMBER 31, 2000 PrincipalEngineer ......................................................... ............................... ........................ $125.00 Principal Engineer - Expert Witness Testimony ...................................... ............................... $190.00 SeniorEngineer ...................................................................................... ............................... $115.00 ProjectManager ............................................................. ............................... ........................ $105.00 ProjectEngineer ..................................................................................... ............................... $100.00 StaffEngineer .......................................................................................... ............................... $98.00 Designer........................................................................... ............................... ............... ......... $89.00 Designer / Draftsperson .................................................... ............................... ......................... $82.00 Construction Management Supervisor .................................................... ............................... $75.00 Resident Engineer/ Inspector .......................... ......................................... ............................... $67.00 Draftsperson............................................................................................. ............................... $63.00 JuniorEngineer ........................................................................................ ............................... $55.00 Administrative Assistant / Clerical ............................................................ ............................... $42.00 Two -man Survey Party ........................................................................... ............................... $142.00 Three -man Survey Party ................................. ............................... ...... $165.00 .. ............................... SubcontractedServices ................................................................ ............................... Cost plus 15% Mileage............................................................................................... ............................... $0.35 /mile NOTE: All rates are effective until December 31, 2000. Any increases in rates after that date will be limited to 8% maximum. 11Admi ni stration\AATES \SCHEDULE. 00. wpd 118 W. LIME AVENUE MONROVIA, CA 91016 TEL: (626) 357 -0588 FAX: (626) 303 -7957