HomeMy WebLinkAboutC-8237-1 - PSA for 2017 Water Main Master Plan Engineering Servicesk
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N AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH ARCADIS U.S., INC. FOR
2017 WATER MASTER PLAN ENGINEERING SERVICES
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 31st day of December, 2021
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and ARCADIS U.S., INC., a Delaware
corporation ("Consultant"), whose principal address on file with the Secretary of State is
630 Plaza Drive, Suite 200, Highlands Ranch, Colorado 80129, with a local address of
320 Commerce, Suite 200, Irvine, California 92602, and is made with reference to the
following:
RECITALS
A. On February 14, 2017, City and Consultant entered into a Professional Services
Agreement ("Agreement") for engineering services for the preparation of a new
Water Master Plan ("WMP") for the City of Newport Beach ("Project").
B. On May 21, 2018, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional Services not anticipated
or previously included in the Agreement, to extend the term of the Agreement to
December 31, 2021, to increase the total compensation, to update Consultant's
project manager and to update where notices should be sent.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to December 31, 2022 and to update Consultant's project manager and
where notices should be sent.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2022, unless terminated earlier as set forth herein."
2. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following: "Consultant shall designate a Project Manager, who shall coordinate all phases
of the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Sarina Sriboonlue to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel."
3. NOTICES
Section 26.3 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Sarina Sriboonlue
Arcadis U.S., Inc.
320 Commerce, Suite 200
Irvine, California 92602"
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Arcadis U.S., Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO`` // ?YY'SOFFICE
Date: 1
CITY OF NEWPORT BEACH,
a California mu icipal corporation
Date: " Y
By: Oto -.00, By: !9�
Aaron C. Harp G c K. Leung
City Attorney i tylfvl anafger
ATTEST:
Date: 3, q
CONSULTANT: Arcadis U.S., Inc., a
Delaware corporation
Date:
Signed in Counterpart
Alex Rothchild
Chief Executive Officer
Date:
By: Signed in Counterpart
Aren Fairchild
Secretary
[END OF SIGNATURES]
Arcadis U.S., Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: 11/12-12
(-
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manafger
CONSULTANT: Arcadis U.S., Inc., a
Delaware corporation
Date:
By:
Christine Cotton
` h*pf F-)(eewtmye Offi Senior Vice President
Date: 1 �� z. -2—
By:
2By: �" r
Michad Maxwell
SeeFetaF�,- Assistant Vice President
[END OF SIGNATURES]
Arcadis U.S,, Inc. Page 3
SECRETARY CERTIFICATE
1, Kimberly Lasnicki, Assistant Secretary of Arcadis U.S., Inc. (the "Corporation"), a
corporation organized under the laws of the State of Delaware, certify that the following is a
full and correct excerpt of a resolution adopted by written consent of the Board of Directors of
said Corporation, dated February 24, 2022:
"RESOLVED, the President and each Business Area Director are authorized
and empowered, in accordance with the Bylaws and other operating policies
and procedures of the Corporation, to enter into proposals . for fees and other
contracts and obligations in the name and on behalf of the Corporation, upon
such terms and conditions as may be agreed upon between the other party or
parties and the Corporation, as evidenced by the approval of the President or
Business Area Director. The President and Business Area Directors also are
empowered to delegate such authority to other employees of the Corporation in
such amounts and on such other terms as they shall determine from time to time
in accordance with the Bylaws and other operating policies and procedures of
the Corporation. "
AND I DO FURTHER CERTIFY that pursuant to the above resolution that contracts,
amendments, and required documentation for the 2017 Water Main Master Plan
Engineering Services — Amendment for City of Newport Beach, California may be signed
by the following individuals:
Christine Cotton, in her capacity as Senior Vice President of the Corporation; and
Michael Maxwell, in his capiacity as Assistant Vice President of the Corporation.
AND I DO FURTHER CERTIFY that the above resolution has not been in any way
altered, amended or repealed and is now in full force and effect.
IN WITNESS WHEREOF, I have signed this Certificate this 3rd day of March, 2022.
�,. U
Name: Kimberly L nick;
Title: Assistant Secretary
SEAL = Arcadis U.S., Inc.
79•9�.•
(SEAL)
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH ARCADIS U.S., INC. FOR
2017 WATER MAIN MASTER PLAN ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 21st day of May, 2018
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and ARCADIS U.S., INC., a Delaware
corporation ("Consultant"), whose address is 445 South Figueroa Street, Suite 3650, Los
Angeles, California 90071, and is made with reference to the following:
RECITALS
A. On February 14, 2017, City and Consultant entered into a Professional Services
Agreement ("Agreement") for engineering services for the preparation of a new
Water Master Plan ("WMP") for the City of Newport Beach ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not anticipated or previously included in the Agreement, to extend the
term of the Agreement to December 31, 2021, to increase the total compensation,
to update Consultant's project manager and to update where notices should be
sent.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
`mmmmlIL:INjiI
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2021, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One, shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Seventy
Two Thousand Three Hundred Nine Dollars and 00/100 ($372,309.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirty Thousand Dollars and 00/100 ($30,000.00).
4. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following: "Consultant shall designate a Project Manager, who shall coordinate all phases
of the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Venkat Radhakrishnan to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel."
5. NOTICES
Section 26.3 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Venkat Radhakrishnan
Arcadis U.S., Inc.
445 South Figueroa Street
Suite 3650
Los Angeles, CA 90071"
6. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Arcadis U.S., Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By.
Aaron arp kw s•1`•
City Atto ey
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: (n1.14l.14t
By: 6- .
Dave
City Manager
ATTEST:/CONSULTANT: Arcadis U.S., Inc., a
Date: 10Al 0 Delaware corporation
Date:
ah�By: �U/►1
Lei ani I. Brown
City Clerk
Signed in Counterpart
By:
Joachim J. Ebert
Chief Executive Officer
Date:
Signed in Counterpart
By:
Aren L. Fairchild
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Arcadis U.S., Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By:
-jr Aaronr ww> S -m-4
City Atto
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: .
By:
Dave Kiff
City Manager
CONSULTANT: Arcadis U.S., Inc., a
Delaware corporation
Date: Tunc if. 20I$
Bv:
JOaOFM j. 1513eR Christine Cotton
Senior Vice President
Date: J u n e I £s C) I c3
By:/���5 .R
Area I F=;;irsfi+ld Harmik Aghanian
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Arcadis U.S., Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Consultant shall perform the following related to "Task AM001 Hydraulic and
Engineering Analysis", including but not limited to the following Services as requested
by the Project Administrator:
Perform hydraulic evaluations using City's Infowater water distribution system
model. The evaluations are expected to include any capacity analysis, model
updates, fire flow analysis, and the like.
Analyze and test any proposed solutions for operational issues as identified by
the Project Administrator
• Perform and analyze model runs to support design projects.
Prepare exhibits and memos to communicate and document the modeling
results.
• Attend any in-person or virtual meetings to support the above modeling tasks.
Arcadis U.S., Inc. Page A-1
PROFESSIONAL SERVICES AGREEMENT
WITH ARCADIS U.S., INC. FOR
2017 WATER MAIN MASTER PLAN ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 14th day of February, 2017 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ARCADIS U.S., INC., a Delaware corporation ("Consultant"), whose address is 320
Commerce, Suite 200, Irvine, California 92602, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide engineering services for the
preparation of a new Water Master Plan (WMP) for the City of Newport Beach
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform
Services attached hereto as Exhibit A and
or "Work"). City may elect to delete certain
sole discretion.
3. TIME OF PERFORMANCE
all the services described in the Scope of
incorporated herein by reference ("Services"
Services within the Scope of Services at its
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Forty Two
Thousand Three Hundred Nine Dollars and 00/100 ($342,309.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only forthose costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
Arcadis U.S., Inc. Page 2
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jim Cathcart to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
Arcadis U.S., Inc. Page 3
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to Citythat it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, orwillful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them orfor whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
Arcadis U.S., Inc. Page 4
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Arcadis U.S. Inc. Page 5
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
Arcadis U.S., Inc. Page 6
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
Arcadis U.S., Inc. Page 7
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 to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
Arcadis U.S., Inc. Page 8
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jim Cathcart
Arcadis U.S., Inc.
320 Commerce, Suite 200
Irvine, CA 92602
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment underthis Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 of seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Arcadis U.S., Inc. Page 9
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Arcadis U.S., Inc. Page 10
29.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Arcadis U.S., Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFIC
Date: �� 2 .rte
By: / I C
Aaron C. Harp mm/1•Z4•''7
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
ATTEST: I CONSULTANT: Arcadis U.S., Inc., a
Date: Z x.11 Delaware corporation
Date:
By: bm�By: Signed in Counterpart
Leilani I. Brown James Cathcart
City Clerk
Vice President
Date:
Signed in Counterpart
By:
Allen Just
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing RateE
Exhibit C — Insurance Requirements
Arcadis U.S., Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFIC
Date:
By.
Aaron C. Harp
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
ATTEST: CONSULTANT: Arcadis U.S., Inc., a
Date: Delaware corporation
Date: /1 13()11 7
Leilani I. Brown James Cathcart
City Clerk Vice President
Date: I —TC -I
By: —
Allen Just
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Arcadis U.S., Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
Arcadis U.S., Inc. Page A-1
S ARCA®' J bu a
for nt setsets and
SEW PART
O� � ' • '� . I lC
u _ x
P
��IFORN� rr
CITY OF
NEWPORT BEACH
SCOPE OF WORK
The City of Newport Beach (City) completed its last comprehensive
Water Master Plan (WMP) in 1999, followed by a minor update in
2008. Since 1999, there have been significant changes in customer
water use patterns due to the long-term drought in California and
throughout the western US. These changes were not captured in the
2008 Update. The City now desires another update of your WMP
based on this new reality. Current water use data along with an
up-to-date capital improvement plan (CIP) will help the City prioritize
your water infrastructure rehabilitation and replacement, and provide
capacity improvements to maximize the benefit per dollar spent.
The City's water system has more than 300 miles of mains and
is pdmadly supplied by groundwater from the Orange County
Groundwater Basin, along with supplemental water imported by the
Metropolitan Water District of Southern California (MWD), and sold
through the Municipal Water District of Orange County (MWDOC).
The City's system has multiple pressure zones with two large storage
reservoirs.
Key challenges to developing a successful WMP include:
Determining the impact of lower water consumption and resultant
effect on system demand and peaking factors that we were
used the 1999 WMP. Previous peaking factors were used to
identify capacity restrictions and system upgrades based on the
highest observed system demand of 20,605 acre-feet (AF) in
1988189. Recent water use trends will be used to generate more
appropriate demand and peaking factors based on the "new
reality" that all California water systems are facing. This approach
can result in a net benefit to the City, in that lower demands and
smaller peaking factors can reduce future capital and operational
expenditures.
Developing a sound rational for planned growth provides the
basis to build an accurate and defensible CIP. The City's 2013
General Plan identifies "Infill/Reuse Opportunity Areas" where
customer growth can occur. The General Plan projects the
opportunity to add approximately 4,612 new single and multi-
family housing units (3,237 units excluding Banning Ranch) in the
Airport Area, Newport Center, Banning Ranch, Newport Mesa and
the Balboa Peninsula areas.
Constructing an updated, well calibrated hydraulic model, using
current water demands, will provide a useful planning tool that
City staff can use now and in the future. The City's current
system -wide steady state hydraulic model was last calibrated in
1999. The model will be recreated and re -calibrated using the
latest GIS -based modelling software to analyse your water supply
and distribution system.
Providing a sound infrastructure improvement plan that is
defensible and reasonable is critical to minimizing impacts on
City's current or future rate structure.
With these challenges in mind, Arcadis will partner with the City on
your comprehensive water master plan to provide the necessary
tools and clear direction for City staff to efficiently plan and schedule
future capital projects. To make this possible, we propose the
following:
• Update Peaking Factors: Arcadis has extensive experience
with master planning similar systems throughout the southwest
and will use that knowledge to update the City's water demand
and peaking factors based on recent water production and
consumption data along with a sound rational for realistic future
projections. This will provide a more accurate picture of current
and future conveyance capacity needed in your system.
• Future Development: Arcadis will work with your Planning
Department to identify when projects in the General Plan could
realistically be implemented, along with projected water demands.
Based on their responses, Arcadis will accommodate these
developments in the future system analysis to identify additional
infrastructure needed to serve this growth.
GIS integrated extended period simuldlion hydrdi lir.
model: Arcadis has extensive local and national expertise in
developing distribution system hydraulic models. To provide
best -in -class modelling expertise to the City, Arcadis has teamed
with DModeling, who have extensive experience with the City's
existing H20Net model. Our combined team of modeling experts
will develop a GIS -integrated hydraulic model that uses the
Innozvyze InfoWater software, incorporates the City's existing
GIS and H20Net Model, and is capable of performing extended
period simulations.
Comprehensive CIP: Arcadis is a leader in Asset Management
and CIP development. We will bring innovative tools and
approaches to prioritize capital projects using classic risk analysis
which considers both consequence of failure and likelihood of
failure.
Below is our detailed Scope of Work Services based on the Scope of
Services contained in your Request for Proposal (RFP). Our Scope
of Work includes additional value-added insights from Arcadis on
how to best deliver your WMP.
Task 1: Introduction and Background
In this task, our team will review all relevant information necessary
to make your master plan a success including previous reports, CIP
documents, future projects, General Plan, GIS and construction
projects completed since the WMP update.
Our team has reviewed your GIS data, hydraulic model and
other information provided as a part of preparing our proposal. A
preliminary review of your GIS indicates that the GIS data are in
ARCADIS -
great shape for building the new hydraulic model and have very little
missing information. Only 0.35 percent of the pipes in your system
have missing diameter information, 0.44 percent have missing
material data, and 4 percent have missing installation date data.
Figure 1 shows a detailed analysis of the City's GIS database using
Arcadis' Data Profiler tool, which assesses the quality of the GIS to
identify missing or incomplete information.
As part of this task, our team will prepare a list of additional or
updated data and information needs that may be relevant to the
WMP. This list will be updated regularly to track what information is
received, and when. For information required from other City
departments such as the Planning Department, our team will
coordinate with the City Project Manager, Andy Tran. Additional
information may include:
Task 2. Water Supply and Demand Analysis
Task 2.1: Water Supply Analysis
Through our work on the City's and adjoining utilities' t1WMPs, our
team has an in-depth understanding of the regional water supply
picture. The City's current supply portfolio shown on Figure 2
consists of groundwater from the Orange County Groundwater Basin
within the limits of the Basin Pumping Percentage (BPP), imported
water purchased through MWDOC, and recycled water from
Orange County Water District (OCWD). Our team will document the
quantity and reliability of these sources, including any impacts due
to significant changes in the future BPP. Additionally, our team will
review the flow and operational information from the City's four wells
to determine adequate design flows into the future.
_.._._.._._..___._.._.._.._.._.._. _.._.._.._ _._._.._.._.._..... _........... _................ -._......... _.._.._.._.._.._.
NewportWater AARCADIS
„_„_„_„_„_„_, _ _ _ Data Profile - Table and Field Summa. _ _ _ _ _„_„_„_„_„_ .
u Water -Line (Complex Edge) Table . 12,004 records
Primary Key: NONE
Percent Populated I Zero / Negative Values per Field
<cY:J_•caft
9T.:
)% :LM ABPttDl I:i%) I GE6:, COD
IOD%: I
I DIAMETER ILJ%:' .+ .L% ENABLED
ICON! ?% !CR
i
OR ILA 99%! I •GEJECTID
10(XA/ 0% IM
P=E TaG
103%,
! PRESSURE_C se%; / PREL .:P.E_:
9e%! I
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84%)
1 REL91E_1EA VS. / REVAR&5
SHaGE
iW%:
C% rCA SYAPE LepG, So%; 9% IM SOURCE -CAT
CLYLI C% 'L%
J2CE i.AM
IW%+
I 5 ^EMT 1W%/ I T rPE
%O!v,
....................
.u.u........................
................ ,.............. ................. ...........
WaterMleter (Junction) Table -23,525 records
.... ..uo......
i pure 1 Arcadis Data Pmfller l.,ol easily a; d q..:zkly identifies missing or incomplete information in a GIS database. simplifying the data review process.
• Well production data for the past eight years
• MWD water purchases for the past eight years
• Available water billing data by customer class
Information on current water transfers such as with Laguna
Beach County Water District that could affect hydraulic
modeling
Latest County tax assessor's database that includes parcel
land use information, or parcel data available from the City
related to land use, dwelling units, lot sizes, etc.
SCADA data for major facilities such as wells, pump
stations, MWD turnouts, reservoirs
Latest contractor bid pdces for water system projects.
In consultation with City staff, Arcadis will conduct an initial kickoff
meeting/workshop to identify the key master plan drivers,
completion schedule and deliverables that will form the basis for
the project.
Figure 2The City's projected water supply sources based on the 2015
U” MF developed by Arcadis.
ARCADIS
The City provides 70 percent of its supply from groundwater.
Groundwater is pumped from wells located in the City of Fountain
Valley, from there water travels through more than six miles of 30 -
inch transmission main in Fountain Valley, Huntington Beach, and
Costa Mesa. In addition, a pump station, chlorine disinfection
facility, and three million -gallon (MG) reservoir comprise the
remaining groundwater production facilities.
Detailed analysis will be performed to evaluate all future supply
options for the City including potential partnering with neighboring
utilities like Anaheim and Mesa Water, and the Poseidon project.
Risk analysis will also be performed to evaluate the loss of well
supply or the transmission line to the City. Options to mitigate
various supply risk will be proposed as a part of this task.
Task 2.2 Demand Analysis and Peaking Factors
The City's existing and future demands in the 2015 UWMP
were based on population projections rather than on land
use designations. Population based projections are an
accepted method for analyzing the supply -demand equation.
However, demand information based on land use is more
beneficial as it provides a spatial distribution of existing and
future demands that can easily be incorporated in the
hydraulic model. Arcadis will use the City's customer billing
data from the past eight years and existing parcel
information to analyze the demand for each land use
category and develop demand factors for each following the
process illustrated in Figure 3. These factors will then be
used to estimate future demands in the City.
Figure' Arcadia recently competed a detailed demand
aualts,s lorthe Inlani Erepue Util3,es Agency including
leve-:.jpmenl of ex,st,ng and future d;:nandfactors using
this proven and use based methodolc jy.
Through our team's work on your UWMP, we know the City's
demand is not expected to increase significantly in the future,
except for a few infill development projects. Our team has reviewed
the City's 2013 General Plan that identified future housing
opportunities, including the Airport Area, Newport Center, Banning
Aw, Rl
�xL v: m
Ranch, Newport Mesa and the Balboa Peninsula that could add up
to 4,612 new housing units. Our team will work with the City's
Planning Department to identify a reasonable time frame in which
these projects would be completed and calculate future demands
based on the developed unit demand factors. Amadis will also look
at future water usage trends in the region with respect to
conservation (active or passive), climate change, etc. to adjust the
City's future demand factors.
We note that the peaking factors used for the 1999 WMP and 2008
Update were based on the historic high demand year of 1988/89
(20,605 AF). Using the peaking factors based on this very
conservative number for system analysis can result in identifying
unrealistic system deficiencies, and lead to unnecessary or
oversized infrastructure improvements. For this reason, great
care must be exercised in generating future demand and
peaking factors, and the factors should be tempered with
engineering judgement and local City knowledge that will allow
for some amount of "reserve capacity" in the event future water
use does not follow projections.
The use of planning workshops, our water planning expertise and
the City's system knowledge will form a solid basis for system
planning. Using this approach, our team will analyze demand
data from the past eight years and develop realistic minimum,
average, maximum day and peak hour peaking factors to ensure
that the master plan analysis does not lead to oversized or
unnecessary facilities. The team will also analyze hourly data
from pump stations and/or pressure reducing stations to update
diumal demand pattems, for use in extended period modeling.
Task 3: Hydraulic Model Development
Task 3.1 Existing Water System
The City delivers potable water through approximately 300 miles
of pipelines ranging in size from 4- to 30 -inch diameter, with
various pipe materials. The City distribution system includes five
pressure zones and six imported water connections along the
Orange County Feeder and East Orange County Feeder No. 2.
Total available capacity on the connections is 104 cubic feet per
second (cfs). Five pump stations deliver water to the higher
elevation pressure zones, and backup generation facilities
ensure that the City can maintain water service to all zones
during a power outage. The City also has multiple pressure
reducing valve stations (PRV) that can move water from higher
to lower pressure zones if needed.
Our team will inventory the City's water transmission and
distribution system infrastructure including wells, pumps,
reservoirs and PRV stations. Salient design and capacity
information will be summarized in table format for report
presentation. This information will also assist in building the
City's hydraulic model. A GIS map will also be created to show
the City's existing water infrastructure.
ARCADIS .:,.
Task 3.2 Construction of Model
A fully calibrated hydraulic model is a very effective tool for
analyzing a water distribution system with regards to hydraulic
deficiencies, what -if scenarios, water quality issues, emergency
preparedness planning, and water loss analysis. Arcadis Team
will construct a new GIS- integrated hydraulic model using your
GIS database, supplementing any missing data with information
from your existing H2ONet model. This new model will be
capable of running extended period simulations that can provide
valuable information on system operation optimization and can
be used for what -'If planning.
The Arcadia Team's partner IDModeling, will build and calibrate
your new hydraulic model using Innovyze's InfoWater software.
Because IDModeling provided modeling support for the City's
2008 WMP Update, plus other as -needed analyses, our team
has a wealth of historical modeling information with which to
build on.
Figure 4 Arcadis a IDModeling are currently working together to be .d
hydraulic models for the City of Los Angeles entire water distribution
system cantalning over 4 600 miles of pipe.
Their system knowledge will prove invaluable in saving you time
and money building the City's new hydraulic model. Additionally,
Arcadis and IDModeling have a great working relationship and are
currently building hydraulic models for the City of Los Angeles
Department of Water & Power (LADWP), water distribution system
as shown on Figure 4.
Model development will follow a data gathering process illustrated
on Figure 5, based on importing existing GIS pipe data, using
additional information from your previous H2ONet model, and
incorporating pertinent as -built drawing information as necessary
to create a fully functioning, accurate representation of your water
system. Specific activities to be performed will include:
• Converting GIS pipe feature class to model links and nodes
for pipes 4 inches and larger. Importing elevation data to
model nodes, including pump stations, PRVs and reservoirs
• Adding physical information and operational
characteristics for pump stations, PRVs and reservoirs
• Ensuring that all pipes that cross pressure zone boundaries
are closed
Assigning trial and final pipe roughness coefficients based on
field calibration results
Billing nem.M
_.nu Pattern
Future
Phinned Pipe, - -
Uri, aw, ,0 ,� Fatirit, PrMng P.e
" unugnnrv.
Figure 5 Arcadis uses a variety of elements from various sources to build
robust hydraulic n_ leis.
During preparation of this proposal, we began the process of
building your hydraulic model, shown on Figure 6. Arcadis
successfully built a portion of your model, including importing all
infrastructure elements such as pipes, pump stations, and PRV
station from GIS, along with salient information such as
installation year, material, as- built number, etc. This process
yielded a set of findings that we are proposing potential solutions
for, as shown in Table 1. Additional findings will be shared during
the project kickoff meeting, and resolved early in the project to
facilitate model construction. This data collection exercise and
approach provides our team with intimate knowledge of the City's
GIS, identification of potential hurdles and will expedite the model
process.
C!%ARCADIS :x.:
Demand allocation is a critical step in model development. To
assign water usage to the correct node locations in the
distribution system, the team of ArcadisllDModeling will import
customer billing data into a spatial land use overlay to create
accurate model node demands using InfoWater's Demand
Allocator tool. ArcadisllDModeling will assist the City with
gecooding customer addresses to locate customer meters
geospatially.
Diurnal patterns reflect the varying use of water throughout a
typical day and are important for understanding not only the
impact of peak demand conditions on system performance, but
also the impact of low demand periods on increased system
static pressures as well
M
JFw�R�
Task 3.3: Field Data Collection
The ArcadisllDModeling Team of water distribution system modeling
experts, with backgrounds in distribution operations, planning and
engineering, understand the importance of accurate and reliable
field data for development, calibration and validation of hydraulic
models. The Arcadis Team proposed for this project regularly
performs and trains utility personnel on hydrant operation, flow
testing, and pressure monitoring as shown on Figure 7. Our team
includes a certified distribution system operator (D2) who has
trained utilities on hydrant testing in person and through American
Water Works Association (AWWA)webinars.
To calibrate the City's hydraulic model, Arcadis proposes to use a
combination of hydrant flow testing and hydrant pressure recorders.
Hydrant pressure recorders (between 8 and 10) will be installed
throughout the distribution system to capture actual system
hydraulic conditions for approximately two weeks, proposed during
a high demand condition. In addition, fire flow testing (2 to 3 per
zone) will be performed in select locations to confirm pipe
roughness coefficients. Under current drought conditions, multiple
hydrant flow tests discharging large volumes of water can
adversely impact public perception of the utility. Recognizing this,
our approach is to find the proper balance between obtaining
sufficient data for a well -calibrated model and minimizing water
discharge from hydrants.
Data from Hi model, record drawings, or from
Electronic pressure recorders will allow for efficient,
Figur., s tarouting has built a
its ; skeleton model
accurate and frequent measurements during hydrant flow
GIS i
in Info4`. star using the City s GIS � its base to help
testing, and the recorders will assist with creating an
identify potential issues and solut ons when building
placement lysis, installation, collection, data
analysis, P
your n 11 model.
accurate picture of diurnal demand for each pressure zone.
and up will work with dre Gty to Identify discrepancies
Few pipes cross pressure zone boundaries and update the model and GIS
The field data collected will be
Table 1, summary of Initial Model Findings
presented in easy to understand logs that provide
Li
value for the operators in better illustrating real -
Dafafmm H20Nelmotlel and record drawings will he time system performance and that can be used
Reservoir IMormation is not In the GIS database used to add resenolr data m the tnfowzter Model
for model calibration.
Data from Hi model, record drawings, or from
Pump verve irdomatlon is not in GIS recent pump tests (if any) will used to add pump
A Pressure Survey Plan (PSP) will be prepared
operating detaCs to the model
before commencing field work that summarizes the
Arcadis will create unque Identifiers in GIS and in the
No unique i7entifier was located for model parameters
placement lysis, installation, collection, data
analysis, P
model to make future updates easier
quality check and application of pressure recorder
and up will work with dre Gty to Identify discrepancies
Few pipes cross pressure zone boundaries and update the model and GIS
data. A four-phase workflow will be implemented to
P P
as water quality. As part of this task, our team of
ArcadisllDModeling will develop the diurnal demand pattern for
the City's system. Depending on the availability of SCADA data,
Arcadis will either calculate customized diurnal demand patterns
for each pressure zone using a mass balance approach, or
substitute typical patterns. Alternatively, depending on available
data, diurnal patterns can also be developed from pressure data
collected across the system.
As part of our UWMP project, Arcadis performed a water audit and
calculated a water loss of 6.5 percent for the City's system. Barring
any known or suspect pipe leak issues, this water loss percentage
will be added universally to the model by adjusting the node
demands accordingly
ensure the correct data is collected, the correct
procedure is executed, and the appropriate
documentation is recorded and communicated.
This allows for efficient and effective
data collection while minimizing impacts to customers and water
loss during fire flowtesting. Based on our prior modeling efforts,
Arcadis recommends that select fire flow tests occur during
nighttime hours as this minimizes traffic disruption and avoids
public perception concerns due to water loss. If these are not of
concern, testing during high demand conditions is preferred.
ARCADIS
Figure 7Our team regularly performs an hydrant operation, flow testing
across the country under differs I condition and has developed standard
operating procedures for multiple utilities.
Task 3.4: Model Calibration
The Arcadis/IDModeling team has developed a proven approach
and unique tools to accelerate the model calibration process. Our
team has developed computer scripts to directly read an InfoWater
database and bring results directly into Microsoft Excel. This, along
with SCADA calibration templates, developed by our team allow
easy visualization of the calibration results at multiple pressure
and/or hydrant test locations. Figure 8 shows how this process is
sequenced. During the basis of planning workshop (Task 1), we
will develop criteria for calibration. We will work closely with City
staff during the calibration process to understand any anomalies in
calibration results and develop solutions for the same.
Ourteam will calibrate the water system model for a one, 24-hour
extended period simulation (EPS), for a high demand condition,
which will be used in support of master plan analysis and
subsequent operational analysis which the City may desire.
Addifionally, our Team will utilize the basis of the high demand EPS
calibration, for a multi -day, low demand condition validation in
support of water age analysis for the City's understanding of
potential locations where high disinfectant byproducts (DBPs) may
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be occurring. These calibrated and validated scenarios will be used
as the basis for average day, maximum and minimum day
scenarios for subsequent analysis. These areas may be used to
guide flushing sequences and protocol, while being indicators of
poor water quality. The results of model building and calibration will
be presented at a workshop meeting. After the meeting, all existing
system information, water supply and demand analysis and model
calibration will be summarized in a 50 percent submittal for review.
Task 4. Existing System Analysis
The calibrated hydraulic model provides an excellent tool to analyze
the City's existing supply and distribution system. Based on
updated system performance criteria, the existing system will be
analyzed using the hydraulic model to identify any hydraulic
deficiencies and or operational limitations.
System performance criteria will be confirmed or updated from
those used in the 1999 WMP (minimum pressure of 45 psi,
maximum pressure of 120 psi, and maximum velocity of 8 feet per
second). Updated criteria will be used to evaluate the existing
system and identify any current deficiencies.
Our team will then use the calibrated water system hydraulic
model to evaluate the existing distribution system under
various demand conditions. Arcadis will perform model
simulations using 24-hour extended period simulations (EPS)
for minimum, average, and maximum day (which includes peak
hour), and maximum day plus fire flow demand conditions at
various locations, to compute the indicators of system
performance as listed below:
Minimum and maximum system working pressures at
model nodes under minimum, average, maximum day, and
peak hour demand conditions
Pump operating schedules under average and maximum
day demand conditions
Computed fire flow capabilities at hydrant nodes
N Adjustments em Neoassa,y
Establish Method to
Adjust Model
Calibration
Figure 8' Arcades has developed a proven methodology to calibrated hydraulic models of all sizes and complexity
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GARCADIS
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be occurring. These calibrated and validated scenarios will be used
as the basis for average day, maximum and minimum day
scenarios for subsequent analysis. These areas may be used to
guide flushing sequences and protocol, while being indicators of
poor water quality. The results of model building and calibration will
be presented at a workshop meeting. After the meeting, all existing
system information, water supply and demand analysis and model
calibration will be summarized in a 50 percent submittal for review.
Task 4. Existing System Analysis
The calibrated hydraulic model provides an excellent tool to analyze
the City's existing supply and distribution system. Based on
updated system performance criteria, the existing system will be
analyzed using the hydraulic model to identify any hydraulic
deficiencies and or operational limitations.
System performance criteria will be confirmed or updated from
those used in the 1999 WMP (minimum pressure of 45 psi,
maximum pressure of 120 psi, and maximum velocity of 8 feet per
second). Updated criteria will be used to evaluate the existing
system and identify any current deficiencies.
Our team will then use the calibrated water system hydraulic
model to evaluate the existing distribution system under
various demand conditions. Arcadis will perform model
simulations using 24-hour extended period simulations (EPS)
for minimum, average, and maximum day (which includes peak
hour), and maximum day plus fire flow demand conditions at
various locations, to compute the indicators of system
performance as listed below:
Minimum and maximum system working pressures at
model nodes under minimum, average, maximum day, and
peak hour demand conditions
Pump operating schedules under average and maximum
day demand conditions
Computed fire flow capabilities at hydrant nodes
N Adjustments em Neoassa,y
Establish Method to
Adjust Model
Calibration
Figure 8' Arcades has developed a proven methodology to calibrated hydraulic models of all sizes and complexity
IIAEjustmemsart
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GARCADIS
Maximum velocities and head losses through mains under
peak demand conditions
Blending ratios of MWD and well water
• Any observed water age issues that could impact quality
The 1999 WMP identified sufficient storage equal to 5.2 times
the average day demand, available at the Big Canyon Reservoir.
This storage analysis will be revisited to accommodate any
supply/ demand changes to ensure that the City has sufficient
storage to meet existing and future demands without adversely
affecting water quality. This analysis will also account for
groundwater production reliability, adjacent utility emergency
interties, and location of standby power facilities in assessing
system storage requirements.
Task 5: Future System Analysis
Based on findings from our meeting with the City's Planning
Department, Arcadis will update the hydraulic model with the
projected demands from future development projects identified in
the 2013 General Plan and Task 2.2. The future system will also
be analyzed using updated system performance criteria to
identify any deficiencies under peak future demands. Similar to
the existing system analysis, Arcadis will perform model
simulations using 24 hour extended period simulations for
minimum, average, and maximum day (which includes peak
hour), and maximum day plus fire flow demand conditions to
compute the indicators of system performance as listed above.
Arcadis will also analyze the system for future build out scenarios
including modeling the effects of changes in demands, supply
and proposed changes in system configuration. Also, our
ongoing work with Laguna Beach County Water District
(LBCWD) will be useful in analyzing near and long-term impacts,
if any, of wheeling water through your system to provide
groundwater supply to the LBCWD water system.
Existing and future system analysis results will be presented and
discussed in a workshop meeting. Additionally, Arcadis will also
perform ten what -if scenarios that will be identified in this workshop.
Scenarios could simulate operational challenges such as:
• Wheeling arrangements with LBCWD
Supply interruption scenarios where imported or local
supplies are non -operational
Loss of groundwater transmission main
Effects of natural disasters such as earthquakes or major fires
Exploring operational efficiency improvements
Task 6: Comprehensive CIP Development
A useful master plan should result in a comprehensive, defensible
and practical CIP program that clearly outlines the rationale and
need for system improvements, such as critical near-term projects
to correct system deficiencies and longer term improvements to
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meet changing demand and development conditions throughout
the water system.
Task 6.1 Recommended Improvements and Risk
Analysis
Findings from the hydraulic modeling analysis will be presented to
the City in a workshop format. This allows for open dialog and idea
exchange between our modeling experts and your engineering and
operations staff, in crafting future improvements. Based on model
findings and workshop discussions, a prioritized list of
recommended hydraulic improvements will be generated in the
master plan.
Hydraulic improvements, along with a desk top analysis of pipe
rehabilitation and replacement (R & R) improvements will be
analyzed using a classic risk method. Likelihood of Failure and
Consequence of Failure criteria will be used score each R & R
project to assess relative risk and improvement priority. Scoring
results and costs will then be compared to desired or available
funding levels to recommend an implementation program. Other
factors such as street paving programs and other local factors
will be considered while developing this improvement program.
Figure 9 shows how these factors are used to score relative
project priorities.
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Consequence of Failure
Figure 9 Arcadis will use a classic risk analysis to include Likelihood of
Failure and Consequence of Failure criteria to score each R & F prc;ect's
re!at;+e r.<k and priority.
Approximately 60 percent of the City's pipes are Asbestos
Cement (AC), with ages ranging from 1 to 91 years, per City
data. Our team recently completed a comprehensive AC
replacement plan for the City of San Diego's water system
that had more than 2,000 miles of AC pipes. Experience
gained from that project can be directly applied to evaluating
your AC pipe condition. Results of all hydraulic deficiencies
and R & R improvements will be presented at a workshop to
incorporate City input. Results from the system
04ARCADIS ,,,:,.--
analysis and CIP recommendations will be included in the 90
percent submittal.
Task 6.2: Cost Estimates for Capital Improvement
Program
Arcadis will provide a clear explanation of our basis for
developing capital improvement costs to be applied to
recommended projects.
Cost opinions will provide planning level accuracy, based on our
local construction knowledge, recent construction bids from the
City and other local utilities, and our internal cost estimating
database and guidelines to develop unit replacement and
rehabilitation costs identified in the previous task.
Task 6.3: Water Master Plan Report
A comprehensive, clearly written Master Plan Report is the ultimate
deliverable of this project. Arcadis will document all assumptions,
processes, and findings developed during this master plan effort in
a concise report along with an Executive Summary. The document
will be organized based on the topics outlined in your RFP.
Task 7: Model Training
This task will include preparing training materials and conducting
two, 1 -day workshops with City staff by IDModeling. The first
workshop will focus on fundamental hydraulic principles as they
relate to basic model and software use, staff modeling goals,
location of inpuVoutput data and examples of how to export model
results for viewing. The second workshop will use the newly
developed hydraulic model for analyzing typical model simulations
depending on the City's modeling goals and addressing any
related topics or questions through an open forum. These may
include simulations to size distribution system pipes appropriately,
evaluate system expansion, or develop guidelines for future what -if
scenarios. At the end of the workshops, our team will work with
City staff to develop a reference manual that can serve as a guide
for future modeling efforts, such illustrated on Figure 10.
Task 8: Project Management
The Arcadis' Project Manager, Jim Cathcart, will act as the main
point of contact with the City Project Manager, Andy Tran, to
regularly receive and address information requests, City input and
feedback on key decisions, milestones, and Master Plan content.
He will also track and monitor the budget and schedule progress,
and provide the City with a monthly progress update. As part of this
task, Arcadis will conduct ten face-to-face two hour
meetings/workshops at the City offices with an agenda provided
two days in advance. Brief meeting minutes will summarize key
discussion topics of each meeting.
Optional Task: Sedaru Smart CIP
For optimum value, the City's CIP program should be a living
document that is updated and managed regularly. To assist with this,
Yew""A
Arcadis along with IDModeling propose an optional task to deliver the
CIP through the user friendly online platform of Sedam Smart CIP.
Our team will work with the City to configure Sedaru Smart CIP to
reflect an agreed upon prioritization methodology and set of decision
criteria.
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Figure 10 Arcadis recently developed a reference manual for the City of
A.kmn's ;Yater Distribution System Hydraulic Model.
a. IDmodeling will coordinate results of the water model
analysis with condition and maintenance data. This
will include implementation, connection to, and
interfacing with Sedaru's Smart CIP, as the dynamic,
GIS -based tool to interact with, implement, and
analyze data sets concurrently (asset life, condition,
and performance).
D. Our team will perform asset management, system
prioritization analysis in Sedaru Smart CIP, including
development of: likelihood of failure, consequence of
failure, and project constructability profiles to determine
optimal R & R strategies, including phasing and costing.
c. We will deliver Smart CIP at a workshop to provide an
overview and instruction on the hydraulic model and
Sadaru's Smart CIP, as the dynamic, GIS -based
prioritization tool for City's ongoing use. We will also
provide one license of Smart CIP, which may be use for
multiple, concurrent, and unlimited users. This Smart CIP
license can be used by IDModeling and/orArcadis and/or
City staff, with the end-user license assigned to the City of
ARCADIS r.
Newport Beach as the renewing party for ongoing
interaction with the Master Plan deliverables and active
street paving program.
Optional Task: Facility Assessment
Arcadia will conduct field and desktop condition assessments of water
facilities owned and operated by the City. A step -wise process will be
followed for facility assessment and CIP development. This will
include developing a method for collecting asset data and evaluating
condition and consequence of failure that will be vetted by the City.
Field work will then be conducted by engineers experienced in
condition assessment in accordance with the methodology. The
information gathered in the field along with City staff knowledge of the
facilities will be used to produce a prioritized capital improvement
listing of assets for inclusion in the master plan document, as part of
the overall CIP.
Subtask A: Risk and CIP Assessment Methodology
Asset information is the backbone of facility repair and replacement
CIP development and it is critical that standards for its content and
collection be formalized prior to asset data collection. This will ensure
inspection teams collect information relative to the City and ultimately
save time by collecting the right information the first time.
Based on Arcadis' extensive experience with similar assessments,
the methodology and scoring definitions for physical condition,
performance condition, consequence of failure, redundancy, and risk
will be developed and provided to the City for review, input, and
comments. Examples of risk calculations will also be provided for
review. Based on the review and comments from the City, the
assessment methodology will be finalized in a guidance document.
The document will include:
Working definition of an asset
Hierarchy for facility assets and asset attributes
Physical condition, performance condition, consequence of
failure scoring, and risk definitions
Standard estimates for useful life for different types of assets
Subtask B: Field Condition Assessment
Arcadis engineers will conduct a field investigation of City's water
facilities. The agreed -to procedures and methods will be followed
during this task to ensure the collected information accurately reflects
field conditions.
Data will be collected electronically using a tablet -based form
and application specifically designed for data collection. Asset
attributes and photos will be obtained using the tablet and
stored on a central server
4 ,+ _
The facilities listed below will be assessed by mechanical,
electrical, and structural engineers.
— Big Canyon Reservoir
— Zone 4 Reservoir
— 16th Street Reservoir
— Zone 3 Pump Station
— Zone 4 Pump Station
— Zone 5 Pump Station
— 16th Street Pump Station
— Pressure Reducing Valves (44 in total)
A senior asset management specialist will facilitate field
activities and ensure data are collected in accordance with the
agreed methodology
Discussions with operations staff will occur on an as needed
basis with detailed interviews occurring on the last day of the
facility inspection to assist in developing the process condition
ratings and criticality scoring
Data QA/QC and analysis will be conducted to calculate overall
condition score, performance score, consequence of failure,
useful life, and remaining useful life. The finalized data will be
formatted to upload into City's CMMS
Based on the results of assessment and risk analysis, a
prioritized CIP list in the form of logical projects will be
developed along with associated planning level costs to be
incorporated into the overall master plan recommendations
Subtask C: Data Analysis Workshop and Reporting
With data collection and calculation of risk compete, Arcadis will
prepare and conduct a workshop to review preliminary results.
During the workshop the City will confirm the information presented
and provide feedback as needed. The end results will then be
summarized in the final master plan document. A draft results
workshop will be conducted with the propose of reviewing and
confirming the data collection results. Summaries of the condition
assessment, consequence of failure and overall risk ratings will be
reviewed. Projections for necessary renewal and replacement of
assets by year interval will be included. Guidance outlining the
methods and procedures to perform risk assessment will included in
the master plan document including the assessment methods and
soonng examples. This gives the City the necessary information to
replicate the inspection process in the future.
ARCADIS
ogaiNmporteeach Project Schedule Water Master Plan Q017)1
rank Name
sant
Road,
Duration
Nawpod Beaeh Water Master Plan
Mon =F17
Fri 3MI18
270 days
Project gickff
Men 2/27/17
Man 2/27/17
(Ideas
Introduction and 8aekground
Mon 2/27/17
Tum 4/4/17
27 days
W., SupPh'&Oemend Rmania
Mon 4/10/17
Fri 5/5/17
Maine
Water Supply Analysis
Mon 4/1W17
Fri 4/28/17
ISdays
Demand Analysis & Peaking Factors
Mon 4/10/17
Fri 5/5/17
20daya
NydnuRS ModelDwtlppment
Wed 4/5/17
Fri 8/11/17
93 days
Faison, Water 5yatem
Wed 4/5117
Toe 4/18/17
lO days
Neo Model
Man 4/17/17
Frl5/5/17
15 days
Field Data Collection
Man 5/22/17
Thu 6/15/17
19 days
Model Calibration
Man 7/17/17
Fri 8/31/17
20 days
ESlsting Sweeps Anavals
Man 8/14/37
Fri 8/25/17
10 days
Future Swain Analysis
Tue9/II/17
Fri 10/20/17
30 Gw
CommeleMIw OP Oeyebpmmt
Mon 9/11/17
Fri 1/26/18
lessees
Recommended Improyments & mak Analysi6
Fd 22/3/17
Fri 1/26/18
62 days
Cast Estimates For CIP
rue 9/12/17
Fri 10/13/17
25 days
Water Mester Plan Report
no 4/20/17
Thu3/8/18
234tlays
SM Report
Wed S/31/17
Thu 9/14/17
77 days
50%Report Due
Mu 9114117
Thu 9/14/17
Oda,
Newport Beach Review
Sun 9/17/17
Thu 10/12/17
20days
90M Report
Sun 11/26/17
Fri 1/26/18
47 days
9 Report Dm
Thu 1/25/18
Thu 1/25/10
Odays
Newport Beach Reylew
Men 1/29/18
Fri 2116119
IS days
Final Report
Mon 2/19/18
Fri 3/9/10
2S days
final Repms Due
Thu 318/12
Thu 3/011S
0days
Medal Training
Men 3/12/18
Fri 3/16128
5days
arolest Management
Mon 2/20/27
Thu 3/15118
282 days
ua a, agar Dor 4, W17 on 1, Me
Ian Feb Mar Apr May lura lul Aug Rp OP, Nov Dec Jan Feb Mar
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1
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304/ Repmt Due , A.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Arcadis U.S., Inc. Page B-1
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Arcadis U.S., Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers and employees or shall specifically allow Consultant or others
providing insurance evidence in compliance with these requirements to
waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers and employees shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Arcadis U.S., Inc. Page C-2
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Arcadis U.S., Inc. Page C-3
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Arcadis U.S., Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/16/17 Dept./Contact Received From: Raymund
Date Completed: 2/16/17 Sent to: Raymund By: Alicia
Company/Person required to have certificate: Arcadis U.S. Inc.
Type of contract: Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/1/17-1/1/18
A.
INSURANCE COMPANY: Greenwich Insurance Company
B.
AM BEST RATING (A-: VII or greater): A: XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1M/2M
E.
ADDITIONAL INSURED ENDORSEMENT -please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
1.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/1/17-1/1/18
A.
INSURANCE COMPANY: XL Specialty Insurance Company
B.
AM BEST RATING (A-: VII or greater) A: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1M
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
N N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes N No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
IR.
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/17-1/1/18
A. INSURANCE COMPANY: XL Insurance America Inc.
B. AM BEST RATING (A-: VII or greater): A: XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
® Yes ❑ No
® Yes ❑ No
1M
❑ Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF. -611116-611117 CARRIER: STEADFAST INSURANCE CO
RATING: A+: XV Non -admitted LIMIT: 1M/2M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
C* 5
2/16/17
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed due to Professional Liability carrier being non -admitted
Sheri approved 2/15/17.
Approved:
Risk Management
* Subject to the terms of the contract.