HomeMy WebLinkAboutC-9664-1 - PSA for Advanced Gas Characterization (Fingerprinting Analysis) Monitoring, Sampling and Reporting for the Newport Terrace Landfill�q
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PROFESSIONAL SERVICES AGREEMENT
WITH TETRA TECH BAS, INC. FOR
ADVANCED GAS CHARACTERIZATION (FINGERPRINTING ANALYSIS)
V MONITORING, SAMPLING AND REPORTING
FOR THE NEWPORT TERRACE LANDFILL
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 27th day of June, 2024 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
TETRA TECH BAS, INC., a California corporation ("Consultant"), whose address is 3475
East Foothill Blvd., Pasadena, CA 91107, 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 advanced gas characterization
(fingerprinting analysis) monitoring, sampling and reporting for the Newport
Terrace Landfill ("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, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
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 Forty Five Thousand
Dollars and 00/100 ($45,000.00), 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 for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
Tetra Tech BAS, Inc. Page 2
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
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 Sami Ayass, P.E, 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 Utilities Department. City's Utilities
Manager 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
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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
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that 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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for 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 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 Consultant.
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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
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
Tetra Tech BAS, Inc. Page 5
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.
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 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
Tetra Tech BAS, Inc. Page 6
18. 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.
19. 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.
20. 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
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.
21. 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.
22. 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.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
25. NOTICES
25.1 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Paul Stout, P.E.
Tetra Tech BAS, Inc.
3475 East Foothill Blvd
Pasadena, CA 91107
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
Tetra Tech BAS, Inc. Page 8
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 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 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.
27.2 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
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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
Tetra Tech BAS, Inc. Page 9
28.2 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.
28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 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.
28.11 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.
Tetra Tech BAS, Inc. Page 10
28.12 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]
Tetra Tech BAS, 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 OFFICE
Date:
By: (�+
A�Vbn C. Harp �1S
City Attorney ��ds "Z y
ATTEST: �I
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 7-3 -ZY
By:� _
Mark Vu ojevic
Utilities Director
CONSULTANT: TETRA TECH BAS,
INC., a California corporation
Date: ?� %%Z
By:—AW. 4By:
Leilani I. Brown boga�t�����
City Clerk r,M.4NG/,,, o��ac-0
Date:
By:
-Jeffrey-Wti1am�
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Tetra Tech BAS, Inc. Page 12
EXHIBIT
SCOPE OF SERVICES
Tetra Tech BAS, Inc. Page A-1
OTETRA TECH
June 7, 2024
Mr. Joshua Rosenbaum
Senior Management Analyst
Utilities Department
City of Newport Beach
949 West 16th Street
Newport Beach, CA 92663
RE: Proposal for Advanced Gas Characterization (Fingerprinting Analysis) Monitoring, Sampling and Reporting
for the Newport Terrace Landfill in Newport Beach, California
Dear Mr. Rosenbaum,
Tetra Tech BAS, Inc. (Tetra Tech) is pleased to provide this proposal to provide monitoring, sampling, and
reporting services for advanced gas characterization (fingerprinting analysis) to assist the City of Newport Beach
(City) with the Newport Terrace Landfill (Landfill), Solid Waste Information System (SWIS) Number 30-AB-0168.
This scope of work was prepared regarding the response from the Orange County Environmental Health Division,
Solid Waste Program (County), dated August 23, 2023, in which the County commented on results of vapor
sampling at the Landfill. The County is the Local Enforcement Agency (LEA) in accordance with its vested
authority under its certification as defined in the California Code of Regulations and the Public Resource Code.
This proposal describes the work required per the Work Plan dated May 12, 2024 and approved by the LEA on.
May 28, 2024 to perform a fingerprinting analysis of the gas in Probe CP-01 RB at the Landfill.
SCOPE OF WORK
Task 1 — Monitoring and Sampling of Probe CP-01RB and the Landfill Gas Header
Tetra Tech will monitor Probe CP-01 RB and the existing Landfill Gas (LFG) header to the inlet of the LFG
treatment facility at the Landfill using a portable LFG analyzer (GEM 5000 or equivalent) as described in the final
Work plan dated May 12, 2024 and approved by the LEA on May 28, 2024. The LFG analyzer instrument will be
used to measure pressure, temperature, methane, oxygen, carbon dioxide (CO2), and balanced gases from eacr
sample location.
Per 27CCR, Section 20934, the monitoring reports shall include the following:
• The concentrations of methane, CO2, oxygen, and balanced gases, as measured at each location;
• The documentation of date, time, barometric pressure, atmospheric temperatures, general weather
conditions, and probe pressures at the time the sample was taken, or the probe was monitored;
• The names of sampling personnel, apparatus utilized, and a brief description of the methods used; and
• A numbering system to correlate monitoring results to a corresponding probe and header locations.
Tetra Tech will also measure the static pressure from each sample location before running the LFG analyzer
pump to determine whether any positive pressure has built up on the perimeter probe casing.
Tetra Tech will also complete sampling of Probe CP-01 RB and the existing LFG header per the final Work plan
dated May 12, 2024 and approved by the LEA on May 28, 2024. Tetra Tech will collect two (2) triplicate gas
Tetra Tech BAS, Inc.
21700 Copley Drive, Suite 200, Diamond Bar, CA 91765
Tel909-860-7777 tetratech.com
Mr. Joshua Rosenbaum
June 7, 2024
samples from each of the two (2) sampling locations (Probe CP-01 RB and LFG header) and send the samples to
two testing laboratories to be analyzed (12 samples total — 6 samples to each lab).
Tetra Tech will evacuate the sample location until the methane concentration remains constant for at least 30
seconds. Tetra Tech will coordinate with one analytical testing laboratory (Acculabs) to have six (6), 1-liter, helium
passivated Summa gas sampling canisters, washed with liquid nitrogen. Tetra Tech will use the Summa canisters
to collect the gas samples utilizing three (3) Summa canisters per sample location. For the second analytical
laboratory (Isotech), Tetra Tech will obtain and collect samples in "IsoBag" gas sampling bags, which are specific
and recommended by the laboratory, to complete the lab analysis. The Isotech bag samples will be enclosed in
the Isotech metal container prior to shipping to the laboratory (per the lab's sampling instructions).
The sampling will be completed using a sampling train designed to collect gas samples. The sample train will be
configured to begin sampling while minimizing ambient air intrusion and the sampling apparatus valve connected
to the sample train opened. The gas samples will be collected through a flow controller at a rate of approximately
500 milliliters per minute (mL/min) or less until one liter of sample gas is obtained, at which point the valves will be
closed and the sampling apparatus will be removed from the sample train.
The sampling apparatuses will be sent to the testing laboratories within 72 hours of collection to be analyzed, for
quality -assured analytical analysis with an accompanying chain -of -custody form to confirm sample integrity. The
chain of custody will include all information for the sample collected including the date, time, names of sampling
personnel, and apparatus utilized. Tetra Tech will work with two (2) certified laboratories including AccuLabs
Environmental, LLC (AccuLabs) and Isotech Laboratories, Inc (Isotech) to test three (3) samples from each of the
sampling locations.
AccuLabs — Lab Analysis and Report:
• Fixed Gases (Methane, Carbon Dioxide, Oxygen and Helium);
• Ethane (low detection limit);
• Freon-12 (low detection limit); and
• EPA Method TO-15.
Isotech — Lab Analysis and Interpretive Report:
• Gas chromatography analysis;
• Gas Isotope analysis for 13C/12C;
• Gas Isotope analysis for 2H/1 H; and
• Radiocarbon (Carbon 14) and tritium analysis.
• A signed Interpretive Report
Lab sampling equipment rentals and analysis fees are included in this proposal.
Task 1 — Deliverables, Meetings, and Conference Calls:
The following summarizes the work products to be prepared and submitted under this task:
Monitor Probe CP-01 RB and the LFG header utilizing a LFG Analyzer (GEM- 5000 or equivalent);
Collect two (2) triplicate gas samples from each of the two (2) sampling locations (Probe CP-01 RB and
LFG header) and sent to two testing laboratories to be analyzed (12 samples total — 6 samples to each
lab); and
Provide lab analysis results, from each of the two testing laboratories, and signed interpretive report.
TETRA TECH
2
Mr. Joshua Rosenbaum
June 7, 2024
Task 2 — Letter Report of Findings
Upon receiving the lab results and interpretive report, from the different laboratories, Tetra Tech will prepare and
submit a draft letter Report of Findings (Report) to the City as a PDF for review and one round of comments.
Tetra Tech will incorporate the comments from the City and submit a PDF of the final monitoring and sampling
report for submittal to the LEA. The Report will summarize the Work Plan results and the conclusion of the source
of the gas measured in Probe CP-01 RB. Per the Work Plan LEA approval letter, the forthcoming report
documenting the results of the assessment/analysis with conclusions and recommendations, signed and stamped
by registered professional geologist or civil engineer, will be submitted to the LEA within 45 days of completion of
all field activities.
Task 2 — Deliverables. Meetings, and Conference Calls:
The following summarizes the work products to be prepared and submitted under this task:
Preparation and electronic submittal of the draft letter Report as a PDF to the City for review and
comments; and
- Incorporation of comments from the City's review and electronic submittal of the final monitoring and
sampling report as a PDF to the LEA.
BUDGET ESTIMATE
Tetra Tech proposes to perform the scope of work on a T&M basis in accordance with the 2024 Schedule of
Charges and our General Terms and Conditions.
For this project, Tetra Tech will invoice according to the completed portion of the respective tasks, as per the not -
to -exceed task budget shown. Charges for services that are not a part of the proposed scope of work and are not
included in the budget estimate will be billed on a T&M basis. Out of scope services will not be completed without
prior authorization from the City. Cost breakdown is included as an attachment.
Task 1 — Monitoring and Sampling of
Probe CP-01 RB and the Landfill Gas $9,525 $781 $10,306
Header
Task 2 — Letter Report of Findings $5,817 $18,738 $24,555
Total $34,861
SCHEDULE
Tetra Tech will commence work immediately once the agreement is executed and the City issues a Notice -to -
Proceed. The LEA representative will be provided the opportunity to witness field sampling activities and the LEA
staff will be notified a minimum of 72 hours prior to initiating field activities at the site per the LEA's Work Plan
approval letter.
ASSUMPTION AND CONTINGENCIES
To prepare the Scope of Work and Project Budget for the proposed services, Tetra Tech has made the following
assumptions:
TETRA TECH
Mr. Joshua Rosenbaum
June 7, 2024
• Testing at two (2) locations assumes the Tetra Tech Project Manager and one (1) Tetra Tech field technician
will travel to the Landfill for one (1) day for monitoring and sampling of the two locations;
• Tetra Tech to perform monitoring utilizing a LFG Analyzer (GEM-5000, Elkins Envision or equivalent);
Tetra Tech to perform sampling events collecting two (2) triplicate gas samples at each location (12 total
samples). Gas samples will be submitted to two (2) analytical laboratories to be analyzed for Ethane (low
detection limit), Freon-12 (low detection limit), EPA Method TO-15, gas chromatography analysis, gas Isotope
analysis for 13C/12C, gas Isotope analysis for 21-1/1 H, Radiocarbon (Carbon 14) and tritium analysis on a
standard turn -around -time. No other tests not specifically mentioned are included at this time. Additional tests
can be added per additional scope and budget if desired by the City; and
• No regulatory agency meetings or communications are assumed.
We appreciate the opportunity to present this proposal for your review. Do not hesitate to contact us if you have
any questions or comments or require additional information. We look forward to providing the City of Newport
Beach with these services should you find this proposal acceptable. Please contact Sami H Ayass, P.E. at (951)
836-0025 or Sami.Ayass@TetraTech.com if you have any questions and to discuss our next steps on this project.
EXHIBIT B
SCHEDULE OF BILLING RATES
Tetra Tech BAS, Inc. Page B-1
EXHIBIT B —
SCHEDULE OF BILLING RATES
Tetra Tech — Advanced Gas Characterization (Fingerprinting Analysis) Monitoring,
Sampling and Reporting for the Newport Terrace Closed Landfill in Newport Beach
TASK
LABOR COST
OTHER DIRECT
TOTAL TASK
COSTS
COST
Task 1 — Monitoring
and Sampling of Probe
$9,525
$781
$10,306
CP-01 RB and the
Landfill Gas Header
Task 2 — Letter Report
$5,817
$18,738
$24,555
of Findings
Total
$34,861
For Task 2, Other Direct Costs include estimated pricing for the two subcontractors,
AccuLabs Environmental, LLC ($2, 970) and Isotech Labs ($13,172), copies of the
subcontractors quotes are attached.
Newport Terrace Landfill - Fingerprinting Analysis Monitoring,
Sampling and Reporting - Cost Breakdown
Billing Category
Billing Rate
Labor Hours
Total
CAD Tech III
$
127.00
4
$
508.00
Staff Engineer III
$
146.00
20
$
2,920.00
Division Engineer II
$
274.00
8
$
2,192.00
Principal Engineer
$
300.00
8
$
2,40000
Principal
$
322.00
3
$
966.00
Project Manager 1
$
187.00
20
$
3,740.00
Staff Environmental Specialist / Scientist I
$
111.00
2
$
222.00
Chief Technician
$
171.00
14
$
2,394.00
Other Direct Costs (Expenses and Subcontractors)
$
19,519.00
-
$
19,519.00
TOTAL =
$
34,861.00
TETRA TECH SOLID WASTE WEST
SCHEDULE OF CHARGES
PERSONNEL
RATE
PERSONNEL
RATE
Administrative Assistant
$99
Staff Env. Specialist/Scientist 1
$1 1 1
Project Clerk
$88
Staff Env. Specialist/Scientist 11
$123
Project Data Analyst
$81
Project Env. Specialist/Scientist 1
$134
Office Services Clerk
$99
Project Env. Specialist/Scientist II
$154
Project Coordinator
$148
Project Env. Specialist/Scientist 111
$168
Senior Project Coordinator
$169
Senior Env. Specialist/Scientist 1
$178
CAD Tech 1
$92
Senior Env. Specialist/Scientist II
$187
CAD Tech II
$107
Senior Env. Specialist/Scientist 111
$199
CAD Tech III
$127
Field Data Collector
$67
CAD Tech IV
$146
Staff Planner/Permitter 1
$74
Designer 1
$164
Staff Planner/Permitter II
$92
Designer 11
$178
Staff Planner/Permitter 111
$99
Designer 111
$197
Project Planner/Permitter 1
$1 15
Designer IV
$214
Project Planner/Permitter 11
$127
Staff Engineer 1
$124
Project Planner/Permitter 111
$139
Staff Engineer 11
$134
Project Planner/Permitter IV
$149
Staff Engineer 111
$146
Senior Planner/Permitter 1
$161
Project Engineer 1
$156
Senior Planner/Permitter II
$175
Project Engineer II
$167
Senior Planner/Permitter III
$187
Project Engineer 111
$178
Senior Planner/Permitter IV
$206
Senior Engineer 1
$188
Senior Planner/Permitter V
$225
Senior Engineer 11
$199
Principal Planner/Permitter
$285
Senior Engineer III
$210
Architect 1
$134
Supervising Engineer 1
$221
Architect 11
$161
Supervising Engineer 11
$231
Architect III
$188
Supervising Engineer 111
$242
Architect IV
$215
Division Engineer 1
$263
Staff Geologist 1
$124
Division Engineer II
$274
Staff Geologist II
$134
Principal Engineer
$300
Staff Geologist III
$146
Principal
$322
Project Geologist 1
$156
Senior Principal
$338
Project Geologist 11
$167
Project Manager
$176
Project Geologist 111
$178
Project Manager 1
$187
Senior Geologist 1
$188
Project Manager II
$214
Senior Geologist II
$199
Project Manager III
$226
Senior Geologist 111
$210
Project Manager IV
$236
Supervising Geologist 1
$221
Project Manager V
$248
Supervising Geologist II
$231
Senior Project Manager
$258
Supervising Geologist III
$242
Program Director
$306
Principal Geotechnical Eng/Geologist
$253
Project Advisor'
$275-$375
Principal Geotechnical Eng
$280
Construction Supervisor 1
$178
Soils/AsphaltlField Technician
$1 16
Construction Supervisor II
$188
Soils/Asphalt/Field Technician - Prevailing Wage
$145
Construction Supervisor 111
$199
Technician
$60
Construction Manager 1
$210
Technician 1
$90
Construction Manager II
$226
Technician II
$105
Senior Construction Manager
$263
Senior Technician 1
$1 17
Principal Construction Manager
$289
Senior Technician 11
$139
Chief of Survey Parties
$197
Senior Technician III
$152
1-Man Survey Party with GPS
$237
Chief Technician
$171
2-Man Survey Parry
$352
Senior Operator
$173
Rates are Effective January I, 2024 - December 31, 2024. Court Appearance (Expert Witness, Deposition) and Overtime Premium is 150% of Personnel Hourly
Rate. *Rate for Project Advisor to be based on specialized staff required.
IN-HOUSE EXPENSES
OTHER EXPENSES
3 % of Total Personnel Fees
Company and Survey Vehicles $17/hour
Personal Vehicle
$0.65/mile Other Out -of -Pocket Expenses/Supplies/Travel Cost + 15%
Company Vehicle
$0.75/mile Consultants/Outside/Construction Services Cost + 15%
Per Diem for Living Expenses Federal +15%
Equipment Usage See Attached Schedule
Outside services performed by others and direct expenses incurred on the Client's behalf are charged an administrative fee of fr(teeen (15%) to cover the cost to provide far
administration, sub -consultant contract coordination and
insurance. Fee to be added to the direct cost of all consultants, vendors, materials, equipment suppliers, other direct costs,
and any other outside services.
RS2400 Page 1 of 2
iiA-T-E-CH SOLID WASTE WEST
EQUIPMENT RENTAL RATES
Rates are Effective January 1, 2024 - December 3 1, 2024
TYPE OF • DAY WEEK MONTH i
4 Gas Range Meter CH4, H2S, CO, 02 (Sentinel 44) $75 $200 $500
Alpha - I Personal Sampling Pump
$75
$200
$500
Disposable Bailer
$20/each
n/a
n/a
CO2 Calorimetric Analysis Tubes
$40
$125
$250
Downhole Camera
$75/hr
n/a
n/a
Dupont Dosimeter Mark-3 (Personal Sample Pump)
$50
$150
$300
Flow Calibrator (Gilian)
$50
$150
$300
Gas Extraction Monitor (GEM 500 / 2000 / 2000 Plus)
$125
$350
$900
Lung Sampler (Nutech 218)
$100
$300
$800
Mini -Ram Data Logger
$40
$125
$250
Mini -Ram Dust Meter
$50
$150
$300
Organic Vapor Analyzer (OVA 128)
$125
$400
$1,000
Photo Ionization Detector (OVM580B)
$125
$400
$1,000
Sample Train (Gas Extraction Pump)
$50
$150
$300
Soil Auger/Sampler
$30
$90
$180
Sounder (Liquid Level Indicator)
$40
$125
$250
Horiba Meter
$50
$200
$400
MiniRae 2000
$75
$200
$500
GT Surveyor
$75
$200
$500
GPS Enabled SEM Leak Detection Equipment
$250
$800
$2,400
GPS Survey Equipment Services
n/a
$200
n/a
Groundwater Sampling Equipment
$30/hour
n/a
n/a
Company Vehicle
$130
$550
$1,750
Field Sampling Supplies:
100/day
n/a
n/a
LEVEL C (Per Person)
Respirator with Cartridge (full or half faced), Tyvek Coveralls,
Outer Gloves, Glove Liners, Neoprene Boots
$150
n/a
n/a
Sand Cone or Nuclear Density Gauge
$14/hour
n/a
n/a
Hand auger and soil sampling equipment
$70
n/a
n/a
BAT Permeameter
$250
n/a
n/a
Double Ring Infiltrometer
$250
n/a
n/a
Inclinometer data collection system
$400
n/a
n/a
Infiltration test flowmeter
$130 per day -test
Floor level manomenter
$80
n/a
n/a
Moisture vapor emission test kit (material only)
$40/kit
n/a
n/a
Field inspection kit (camera, recorder, GPS) $35 n/a n/a
RS2400 Page 2 of 2
; 000
0000
0"
a� 0's
AccuLabs Environmental, LLC
2681 Dow Ave., Suite F
Tustin, CA 92780
Phone: (714) 760-4081
Alternate Phone: (714) 794-7641 (Stacy Smart)
Yousef Ibrahim - Project Engineer
Tetra Tech BAS
21700 Copley Dr., Suite 200
Diamond Bar, CA 91765
Email: yousef.ibrahim@tetratech.com
Office: (909) 860-7777
Cell: (909) 837-9826
Newport Terrace Landfill
QUOTE
• DATE
24-013-011 5/31/2024
CUSTOMER ID
Please Direct Questions Regarding This Quote To:
Stacy Smart: StacyS@acculabsenviro.com
DESCRIPTIONANALYSIS
Ethane Analysis
•D
EPA TO-3
CITY
6
UNIT PRICE
$85.00
AMOUNT
$510.00
Freon Analysis
EPA TO-15
6
$275.00
$1,650.00
Rental & Certification of 1L Silonited Summa Canister
Passivated with Helium, Washed with Liquid Nitrogen
---
6
$135.00
$810.00
Total:
$2,970.00
Accepted By: Date:
ISOTECH
1308 Parkland Court Champaign, IL 61821-1826 ) 217.398.3490 217.398.3493 Fax
Price Quote
June 4, 2024
Prepared for:
Yousef Ibrahim
Associate Project Engineer
Tetra Tech
Solid Waste West I Methane Gas Group
21700 Copley Drive, Suite 200
Diamond Bar, CA 91765
Direct +1 (909) 655-3229 1 Business +1 (909) 860-7777 1 Fax+1 (909) 396-1768 1 Mobile +1 (909) 837-
vousef.ibrahimOtetratech.com
Prepared by:
Aidee Steele
Stratum Reservoir (Isotech)
1308 Parkland Court
Champaign, IL 61821
Phone: 217-398-3490 Fax: 217-398-3493
RUSH
Estimated
Description - RUSH TAT (15 business days)
Unit
Currency Unit Cost
Quantity
Cost
Gas Chromatographic Analysis: Full GC
Analysis of gas samples (N2, CO2, 02, Ar, H2, He, CH4, C21-18, C3HB, i-C41-110, n-CAD, i-051-112, n-051-112 and CS+, specific gravity,
BTU),
per sample
USD
$332.00
6
$ 1.992.00
Gas Isotope Analysis - High Precision Isotope Analysis
13C/12C (6'3C) analysis of methane
per component
USD
$332.00
6
$ 1,992.00
2H/1H (SD) analysis of methane
per component
USD
$220.00
6
$ 1,320.00
Radiocarbon and Tritium Analysis of Gases
14C analysis of methane by AMS (subcontracted)
per sample
USD
$1,285.00
6
$ 7,710.00
Sampling Equipment
IsoBag® Gas Sampling Kit (3 bags with UN paint can shipper)
per set
USD
$79.00
2
$ 158.00
Ground Shipping Estimate
USD
Total Estimated Amount
Notes: 1. Shipping/Customs related charges will be added to the total invoice amount, if such charges are paid by Isotech.
2. Final invoice will only be for analyses completed.
Prices valid through June 30, 2024.
$ 13,172.00
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, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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
Tetra Tech BAS, Inc. Page C-1
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.
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,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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:
Tetra Tech BAS, Inc. Page C-2
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 Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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
Tetra Tech BAS, Inc. Page C-3
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.
F. 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.
G. 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.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, 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.
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.
Tetra Tech BAS, Inc. Page C-4
Welcome jrosenbaum Q 248 �+ 75 ® U
4 Search
Insured Name
Tetra Tech BAS, Inc. (FV00001 u
Tetra Tech BAS, Inc. (FV00001226)
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jlt Insured
Name: Tetra Tech BAS, Inc. n
Account Number: FV00001226
Address: 3475 East Foothill Blvd, Pasadena,
CA, 91107
Status: Currently in Compliance.
Insured
Business Unit(s) Print Insured Info
Account Information
Account Number: FV00001226
Risk Type: Professional
Services
Agreement
Do Not Call:
Address Updated:
Address Information
Mailing Address
Physical Address
Insured:
Tetra Tech
BAS, Inc.
Address 1:
3475 East
Foothill Blvd
Address 2:
City: Pasadena
State: CA
7:�. I1 A 4 ll�
Country:
Contract Information
Contract Number: Fingerprinting
Analysis
Monitoring,
Sampling,
and
Contract Start Date: 06/27/2024 Contract End Date:
Contract Effective Date: Contract Expiration Date:
Description of Services: Fingerprinting Safety Form II:
Analysis
Monitoring,
Sampling,
and
Reporting for
NT Landfill
Contact Information
Contact Name: Charles Misc:
Archer
Phone Number: 9098607777 Alt Phone Number:
Fax Number:
E-Mail Address: Charles.Archer@tetratech.com; jrosenbaum@
ca.gov
Approval Date:
Rush:
No
Contract on File:
No
Certificate Received:
No
Indemnification Agreement:
No
_ _ ... .._.. _
Tax Id:
This Account created by LGA on 07/09/2024.
12/3
No
Fing
Anal
Mon
Sarr
and