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HomeMy WebLinkAboutC-8237-1 - PSA for 2017 Water Main Master Plan Engineering Servicesk r 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 REIT, _TYP 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 I— mpn collet, Mm:e Mone,ode b Dole Dome, Pert, `zaeW°"a e ,rosr. 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 notnot NN GARCADIS Pines connectivity. Physical vah'es system Data P,pe Roughness vatmepump Senx,gs operaaenal Open Closed Pipes Dab Flour Pauems I Were, i ung Data Consumption Data Demand Paltems I `zaeW°"a e ,rosr. 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 notnot NN 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 Ncyyywwg 04i� iA` • 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. d 0 0 0 0 0 0 r QJ Y J 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. ywG Iiii..51N,PU r,ON HYDRAUIK YOML , Rclwm-� 0.bwl 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 L,r ' r.rma era 1 r.e 304/ Repmt Due , A. ai Umar\ Due 1/IS I Mel Revert Dua ♦3j EXHIBIT B SCHEDULE OF BILLING RATES Arcadis U.S., Inc. Page B-1 ! , !! •!!!m! !) !•!.;\ � ]- �!!ZM §: z « | ƒ� ; : ; ;. ` }\}{){ |!!!!;|! !!(!\ .! ,. \{\))){ƒ ]||!}!!!|\]/!!!|| {�l !) � ]- �!!ZM §: z { \ to 5t$ 2 ; E� -;§@;; #»�.■! !#! } | ! § § t2 \ aa; I§ 99-411 ; �! .mo ! ! � _.{|!} ;;lllr! ;!!!«!FgE 2))!f!!!!§/!!!!7 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.