HomeMy WebLinkAboutC-7631-1 - PSA for Newport Pier Area Water Main Replacement DesignC10
9 AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH TETRA TECH, INC. FOR
CJ NEWPORT PIER AREA WATER MAIN REPLACEMENT DESIGN
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 14th day of November, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and TETRA TECH, INC., a Delaware
corporation ("Consultant"), whose address is 17885 Von Karman Avenue, Suite 500,
Irvine, CA 92614, and is made with reference to the following:
RECITALS
A. On April 24, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide engineering and design
services for the Newport Pier Area Water Main Replacement Project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. 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.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, and Exhibit B to this Amendment No.
One shall collectively be known as "Exhibit B."
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 One Hundred Five
Thousand Eight Hundred Dollars and 00/100 ($105,800.00), 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
Eight Thousand Dollars and 00/100 ($8,000.00).
3. 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]
Tetra Tech, 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: 70
CITY OF NEWPORT BEACH,
a California muni�cipal corporation
Date: I I I I /_I q
Aaron C. Harp Gr <. Leung
City Attorney C anager
ATTEST:
Date: I f' Xyq
By: 6&-
Leilani I. Brown
City Clerk
Attachments:
CONSULTANT: Tetra Tech, Inc., a
Delaware corporation
Date:
Signed in Counterpart
By:
Tom Epperson, PE
Vice President
Date:
Signed in Counterpart
By:
Mark Bush, PE
Vice President
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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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: I —
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: l By:
Aaron Hyp oGrace K. ng
CityAtttorne ``ff City Manger
ATTEST:
Date:
CONSULTANT: Tetra Tech, Inc., a
Delaware corporation
Date: ) 1
By: By:
Leilani I. Brown Tom Epperson, PE
City Clerk Vice President
Date: It
B'=)27� t�
Mark Bush, PE
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Tetra Tech, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Tetra Tech, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
AMENDMENT NO. ONE
Tetra Tech has been providing engineering design services for the Newport Pier Area Water Main
Replacement since April 2019. Our original approved budget for the work under Agreement dated April
24, 2019, was $97,800. Tetra Tech has submitted our 50% Design Submittal Package and have received
comments from the City. Tetra Tech is requesting approval of the following design work that is additional
work that was not anticipated within the original proposal and/or Scope of Work.
During the City's review of the 50% submittal, an additional alley was identified for waterline removal and
replacement along with additional utility information. By this correspondence, Tetra Tech is requesting the
City to approve an increase in our budget to allow us to perform this additional work.
ADDITIONAL ENGINEERING DESIGN SERVICES
Item No. 1: Waterline Removal and Replacement on Alley 317
The City has requested an additional waterline removal and replacement on the alley between 45th and 46t1
Street and Balboa Blvd and Seashore Drive (Alley 327). Tetra Tech will need to perform the following
additional work to add this alley to the plan set: additional survey work; base map preparation; prepare
additional plan view only sheet with connection details; add the typical alley section; and revise the sheet
index, location map, traffic control summary, horizontal control plan, and sheet index map to include the
new alley work.
Item No. 1: SCE and AT&T utilities within Balboa Blvd
We contacted the utility companies at the beginning of the project and received their as-builts within our
project area. After the 50% submittal we received from the City final design plans for both Southern
California Edison and AT&T which were not available through the utility companies. These proposed
utilities are in the same location as our proposed alignment on Balboa Blvd. Tetra Tech was required to
modify the proposed pipeline replacement alignment within Balboa Blvd. as well as the connections at
River Avenue, Channel Place and Alley 326.
EXHIBIT B
SCHEDULE OF BILLING RATES
Tetra Tech, Inc. Page B-1
Exhibit B
Schedule of Billing Rates
Newport Pier Area Water Main Replacement
Amendment No. 1
Design (Additional Services)
Waterline Removal/Replacement on Alley 327: $4,900.00
SCE and AT&T Utilities within Balboa Blvd: $3,100.00
Total: $8,000.00
�1
r PROFESSIONAL SERVICES AGREEMENT
V WITH TETRA TECH, INC. FOR
NEWPORT PIER AREA WATER MAIN REPLACEMENT DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 24th day of April, 2019 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
TETRA TECH, INC., a Delaware corporation ("Consultant'), whose address is 17885 Von
Karman Avenue, Suite 500, Irvine, CA 92614, 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 and design services for
the Newport Pier Area Water Main Replacement Project ('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 April 30, 2021, 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 Ninety Seven Thousand
Eight Hundred Dollars and 00/100 ($97,800.00), 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.
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.
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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 Tom Epperson, 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 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
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
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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 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, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, 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, 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
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
Tetra Tech, Inc. Page 4
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.
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
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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
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
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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
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.
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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") 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.
25.2 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.
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.
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26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: 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: Tom Epperson, P.E.
Tetra Tech, Inc.
3475 E. Foothill Boulevard
Pasadena, CA 91107
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
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.).
27.2 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.).
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
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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
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. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
Tetra Tech, Inc. Page 10
30.2 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.
30.3 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.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 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.
30.10 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.
30.11 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, Inc. Page 11
30.12 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, 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 OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: n 0 N Date: 4'a3'Iq
By: [_ By:
Poi=Aaron C. Harp \, �q Gr ce <. Leung
City Attorney cP Cit anager
ATTEST:
Date:
CONSULTANT: Tetra Tech, Inc., a
Delaware corporation
Date:
Signed in Counterpart
Bv:
Dan L. Batrack
Chief Executive Officer
Date:
By: Signed in Counterpart
Preston Hopson
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Tetra Tech, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: 1 Date: Y-a3'Iq
By:By:
F;or:Aaron C. Ffarp �q Gr ce . Leung
City Attorney 5\4 Cit anager
ATTEST: CONSULTANT: Tetra Tech, Inc., a
Date: Delaware corporation
Date: 30
By: By:
SL,
Leilani I. Brown Dan+ -But ac )om I:p�rson
City Clerk Chef Exeeutive-�fficer \f«e Re6�rn�
Date: tirlein�
ey Y L—C,` Z E�
PfeateR-wepsm J1Grk %'S
SeeFetafy- �jIca' g0%IAeA T
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Tetra Tech, Inc. Page 13
I*'X
SCOPE OF SERVICES
Tetra Tech, Inc. Page A-1
i.1r,,I,
PROJECT MANAGEMENT
Every two weeks, Tetra Tech will prepare a brief (one or two paragraphs or bullet items) e-mail
summarizing the following: activities completed in the previous week; the activities planned for the
upcoming week; any critical decisions that need to be made; and schedule of upcoming events/meetings. In
addition, each month we will prepare a project status memorandum containing the following:
summary of project schedule; description of key issues/concerns which have surfaced along with
proposed options and solutions; and a project status summary report showing current schedule and budget.
SCOPE OF SERVICES
Consultant shall provide engineering & design services for the Newport Pier Area Water Main Replacement
Project.
Members of the Project Team have performed an in-depth review of the project description and scope of
work contained in your Request for Proposal (RFP). We have also visited the project site. Based on this
information and our previous experience working with the City, we propose to provide the following scope
of work:
Phase 1— Pre -Design
A. Project Kick-off
1. Attend project kick-off meeting to review project scope, schedule, budget, and work plan.
B. Design Survey and Mapping
1. Provide survey control using County's GPS coordinate system.
2. Perform field survey to provide horizontal and vertical control.
3. A combination of Trimble 118-4 GPS and Trimble S6 Robotic Total Station equipment will be used to
collect all topographic site features and utilities, in addition to 50' cross sections within the project
right-of-way. Topographic mapping will be in a digital format at 1 -foot contour intervals with a
horizontal scale of 1 inch = 20 feet. Final plan and profile sheets will include street right-of-way, curb,
gutter, and driveways.
4. Field survey existing sewer and storm drain manhole rims and flow line elevations.
5. Survey any centerline ties and pre -construction Corner Records.
C. Data Gathering
1. Obtain the following data from the City: survey records; design criteria and hydraulic data;
environmental documentation; and street, water, sewer and storm drain plans.
2. Meet with City Public Works to discuss: project overview; permit requirements; working hours; lane
closures; storage of equipment; construction access; trench backfill requirements; pavement removal
CITY OF NEWPORT BEACH _
Newport Pier Area Water Main Replacement
TETRA TECH
5
and replacement; and future projects. Prepare meeting minutes and distribute to all attendees for
their concurrence.
D. Utility Research
1. Contract Underground Services Alert (USA) for a computer printout of all utilities registered within the
project limits.
2. Send/deliver preliminary notice to each utility advising them of the project and requesting utilities
information.
3. Send second utility notice including preliminary plans requesting the utility verify locations of their
facilities and identify any possible utility conflicts.
4. Send third utility notice including final plans to each utility for their information and coordination
during construction.
5. Maintain a complete record of all utility contacts and responses and copy all correspondence to the
City.
E. Potholing—We do not recommend performing any potholing during design.
F. Alignment Alternatives
1. Evaluate alignment alternatives considering utility location, constructability, traffic assessments,
citizen impacts, community concerns, and City requirements. Alternatives will be prepared on the base
maps with the utilities shown based on utility maps.
2. Provide exhibits and typical cross sections for each alternative alignment.
3. Meet with the City to discuss the alignment alternatives.
G. Major Street Impacts
1. Evaluate the tie-ins at Balboa Boulevard Newport Boulevard and determine potential traffic impacts
and recommend phasing options.
H. Connections
1. Prepare sketches of the various points of connections.
2. Meet with the City to review the conceptual connection details.
T. 50% Design Review
1. Tetra Tech will submit preliminary title sheet, base plan and profile sheets, including sketches of
connection details and sections, and preliminary quantities and cost estimates.
2. Meet with the City to discuss comments on the 50% Design Review submittal. During the meeting,
verify traffic control, pavement replacement, work hours, construction phasing, etc.
Phase 2 — Final Design
A. Preparation of Base Maps
1. Plot utilities on base maps based on information obtained from the available record documents unless
revised due to USA markings.
2. Perform field walk to verify plotting of utilities.
CITY OF NEWPORT BEACH
Newport Pier Area Water Main Replacement
TETRA TECH
M
B. Geotechnical Investigation— No Geotechnical Investigation is recommended. Can provide contractor with
geotechnical borings performed for Newport Boulevard Water Main Replacement Project.
C. Construction Plans
1. Due to the desire of holding to minimal cover as well as identifying all utility crossings (groundwater
concerns), we recommend that a profile be included for all portions of the water main replacements
crossing streets and located within Balboa Boulevard. We envision the construction plan set to
include the following drawings:
• Title Sheet including vicinity map, location map, and sheet index
• Second Sheet including general notes and construction notes
• Third Sheet including utility index, traffic concept summary, symbols, and abbreviations
• Horizontal Control Plan (4 sheets)
• Typical Sections — total of 20 sections (2 sheets)
• Alleys: Plan only at 20 scale with Connection Details (18 sheets)
• Balboa Blvd: Plan and Profile at 20 scale (2 sheets)
• Trench, Repaving, and Miscellaneous Details
• Connection Details and Miscellaneous Details
2. All drawings and design specifications will be prepared in accordance with the City's "Design Criteria,
Standard Special Provisions and Standard Drawings' and the Standard Specifications for Public Works
Construction ("Green Book').
D. Specifications
1. Tetra Tech will prepare the detailed special provisions, technical specifications, and a bid schedule
(including quantity estimates). The special provisions will be prepared in accordance with the
requirements of the City's Design Criteria.
2. Tetra Tech will prepare an itemized opinion of probable construction cost for submittal at the 95% and
100% design completion levels.
E. Project Schedule
1. Tetra Tech will prepare and update the project schedule throughout the course of the design.
2. The schedule shall include the pre -design, design, bid, and construction phases.
F. Submittals
1. Construction plans and specifications shall be submitted to the City for review at the 95%, and 100%
completion levels. Eight (8) full-size copies shall be provided for each submittal.
2. 95% Design Review: Tetra Tech will submit, as a minimum, the final plans reflecting 50% design review
corrections, a complete and detailed cost estimate on the contractor's bid proposal form (with cost
estimate back-up detail), complete and bound special provisions, contract documents and any
appendices for review and comment by the City.
3. Final Approval Review: Tetra Tech will submit final plans reflecting 95% design review corrections,
complete and bound special provisions, contract documents and any appendices, for final approval
and plan signature by the City.
CITY OF NEWPORT BEACH _ TETRA TECH
Newport Pier Area Water Main Replacement 7
4. Upon resolution of all City review comments, the final signed plan set shall consist of a mylar for the
title sheet and bond plots for the remaining sheets. This plan set shall be submitted for the City's
approval.
5. We have assumed a minimum period of two (2) weeks for City plan review for each submittal. The
Project Manager will attend the review meeting at the time of each submittal to explain or answer any
questions or comments on the submittal.
6. Tetra Tech will submit the final electronic files to the City on two separate CDs: the AutoCAD files will
be contained on one CD, while the second CD will contain a single PDF file of the entire construction
drawing set including the construction specifications.
G. Team Meetings
Schedule and lead status meeting with the City. Prepare meeting's agenda and provide meeting
minutes and action items. For this proposal, we have assumed a total five (5) meetings will be required
(kick-off, 50% review, discuss major critical issues, 95% review, and final approval review meetings).
H. Addenda Preparation
1. During the bidding period, Tetra Tech will provide information and answer questions.
2. Tetra Tech will prepare two (2) addenda if so requested by the City.
Phase 3 — Construction Phase Services
A. Project Meetings
1. Tetra Tech will attend two (2) project meetings of one (1) hour each during the construction period
and provide meeting minutes. We have assumed one of these meetings will be the pre -construction
meeting.
B. Contractor's Requests for Information
1. Tetra Tech will respond to approximately six (6) contractor requests for information.
C. Minor Plan Revisions
1. Tetra Tech will provide twenty (20) hours of staff time for minor plan revisions to the construction
drawings based on field changes.
D. Site Visits —we have assumed no site visits will be requested by the City.
E. Shop Drawing Review —we have assumed the City will review the shop drawings due to the typical nature
of the work.
F. Record Drawings
1, Tetra Tech will prepare record drawings on 24 -inch by 36 -inch mylars at construction completion
using the contractor's and City Inspector's redlines. Final record drawing mylar sheets, AutoCAD
electronic files, and PDF files of the final as -built mylars will be submitted to the City at the completion
of construction.
CITY'S RESPONSIBILITIES
1. City will furnish all City plans and record drawings, reports and related materials as are available and
appurtenant to the project.
2. City will furnish survey records and easement information, as are available and appurtenantto the project.
CITY OF NEWPORT BEACH _ TETRA TECH
Newport Pier Area Water Main Replacement 8
3. City will furnish the design criteria, hydraulic data, and other technical information necessary to complete
the design tasks.
4. City will fulfill all environmental requirements.
5. City staff will be available to answer questions during all phases of the project and will facilitate
coordination with the Operations staff.
6. The City will reproduce the bid set and addenda that are made available to the contractors, and be
responsible for bid advertisement and selling of the plans and specifications.
7. The City will conduct the bid opening.
8. The City will reimburse Tetra Tech for the actual cost plus 10% for all outside expenses including those for
material costs authorized in advance by the City and other reasonable expenses, where such costs have
been advanced by Tetra Tech and approved in advance by the City. Otherwise, blueprinting, photocopying,
and other related services shall be coordinated through the City's reproduction company.
PROJECT TEAM
The key to success on this project is having the same Project Team that has previously worked on the Newport
Boulevard Water Main Replacement Project for the City. Our Project Team understands the key issues and can
implement the lessons learned on that project for this new project.
As with past assignments for the City, we propose to approach this assignment with a spirit of partnership with
the City. This will enable us to combine the knowledge, ideas, and talents of the City s staff with our planning,
design, and construction experience to provide extraordinary results.
The following presentation introduces key members of our Project Team, all of whom have the knowledge,
experience, and enthusiasm necessary to successfully complete your project. It will be our collective goal to
not onlymeet but to exceed, your expectations. The following paragraphs summarize the qualifications of our
key project staff.
Project Manager., Tom Epperson, P.E. will be the Project Manager and will provide project oversight and
ensure that the necessary resources are committed to Mike Tsoi in order to get the job done. He will also
provide the overall project direction and coordination, technical oversight, quality management and provide
all day-to-day contact with City staff. Tom has over 35 years of experience and will provide his technical
expertise to assist the design team in the areas of constructability, specifications, review, and as-needed
project management support. Tom and Mike have been working together for 20 years on similar pipeline
projects. Tom has previously been the Project Manager on the following projects for the City: Newport
Boulevard Water Main Replacement; Irvine Avenue and Jamboree Road Transmission Main Replacement;
Reach No. 2, No. 3, and No. 3A and 313 Water Transmission Mains; 30-inch East Coast Highway Pipeline
Replacement; IRWD's Green Acres Intertie Project; and OCWD's Green Acres Newport Beach Pipeline
Extension.
Alternate Project Manager., Mark Bush, P.E. will be the Alternate Project Manager. Mark has over 20 years
of experience working on similar projects. He has worked on the following projects for the City: Irvine Avenue
and Jamboree Road Transmission Main Replacement; 30-inch East Coast Highway Pipeline Replacement;
Reach No. 3, and No. 3A and 3B Water Transmission Mains; 30-inch East Coast Highway Pipeline
Replacement; IRWD's Green Acres Intertie Project; and OCWD's Green Acres Newport Beach Pipeline
Extension. Therefore, he has excellent prior experience working with the City and will be able to perform the
role as Project Manager if necessary.
Task Manager. Mike Tsoi, P.E. will be the Task Manager for the Project leading Tetra Tech's design team. Mike
has over 30 years of experience working on similar projects and has designed over 30 miles of water and
CITY OF NEWPORT BEACH TETRA TECH
Newport Pier Area Water Main Replacement 9
recycled water mains during his career. He has previously worked with the City on the design and resolving the
construction issues on the Newport Boulevard Water Main Replacement Project.
Project Engineer., Erin Caballero, P.E. will work directly with Tom Epperson and Mike Tsoi and has over 10 years
of experience and has designed over 50 miles of water, sewer, and recycled water mains during her career.
In order to provide the full range of services required for this project, we have added Coast Surveying, Inc. to
provide the Aerial Mapping and topography for the project. Tetra Tech will be responsible for coordinating and
integrating the efforts of with the subconsultant. They will serve the City as subconsultant to Tetra Tech.
We have included resumes of all of the key staff in the Appendix.
A summary of our Project Team's experience can be found on the following page.
CITY OF NEWPORT BEACH TETRA TECH
Newport Pier Area Water Main Replacement
10
EXHIBIT B
SCHEDULE OF BILLING RATES
Tetra Tech, Inc. Page B-1
Exhibit B
Schedule of Billing Rates
Newport Pier Area Water Main Replacement
Pre -Design: $31,700.00
Design: $56,100.00
Construction Phase Services: $10,000.00
Total: $97,800.00
Attached: Rate Schedule
1 ■FI TETRATECH
HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE
Project Management
Construction
Project Manager 1
$215.00
Construction Project Rep I
578.00
Project Manager 2
$260.00
Construction Project Rep 2
585.00
Sr Project Manager
$305.00
Sr Constr Project Rep 1
$100.00
Program Manager
$330.00
Sr Constr Project Rep 2
$115.00
Principal in Charge
$330.00
Construction Manager 1
$165.00
Construction Manager 2
$185.00
Engineers
Construction Director
$233.00
Engineering Technician
S37.00
Engineer 1
596.00
General & Administrative
Engineer
$115.00
Project Assistant
S67.00
Engineer
$130.00
Project Assistant
S75.00
Project Engineer 1
$140.00
Project Administrator
S95.00
Project Engineer
$165.00
Sr Project Administrator
$110.00
Sr Engineer 1
$170.00
Sr Graphic Artist
$150.00
Sr Engineer 2
$175.00
Technical Writer I
S97.00
Sr Engineer 3
$210.00
Technical Writer 2
$124.00
Principal Engineer
$300.00
Sr Technical Writer
$155.00
Planners
Information Technology
Planner 1
$104.00
Systems Analyst / Programmer I
S77.00
Planner 2
$115.00
Systems Analyst / Programmer 2
$115.00
Sr Planner 1
$125.00
Sr Sys Analyst I Programmer 1
$130.00
Sr Planner 2
$151.00
Sr Systems Analyst / Programmer 2
$196.00
SrPlanner 3
$175.00
Project Accounting
Designers & Technicians
Project Analyst 1
S90.00
CAD Technician 'I
S65.00
Project Analyst 2
$114.00
CAD Technician 2
575.00
Sr Project Analyst
$155.00
CAD Technician 3
S90.00
CAD Designer
$100.00
Reimbursable In -House Costs;
Sr CAD Designer 1
$125.00
Photo Copies (B&W 8.5"xf 1')
S 0. 15/Each
Sr CAD Designer 2
$145.00
Photo Copies (B&W 'I Fx17")
S 0.40/Each
CAD Director
$150.00
Color Copies (up to 8.5'x1 1")
S 2.00/Each
Survey Tech 1
S50.00
Color Copies (to '1 1 "x17")
$ 3.00/Each
Compact Discs
SIO/each
Health & Safety
Large format copies
$0.40 S
H&S Administrator
S95.00
Sr H&S Administrator
$115.00
Mileage -Company Vehicle
$0.801mile
H&S Manager
$145.00
Mileage-POV
S0.55. -mile'
'current GSA POV mileage rate subject
to change
All other direct costs, such as production, special photography, postage, delivery services, overnight mail,
printing and any other services performed by subconsultant will be billed at cost plus 15%.
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.
Tetra Tech, 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 Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Tetra Tech, Inc. Page C-2
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 Aqreement 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. 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.
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
Tetra Tech, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of the
Work.
Tetra Tech, Inc. Page C-4
5/CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5/10/19
Dept./Contact Received From: Raymund
Date Completed: 5/22/19 Sent to: Raymund By: Jan
Company/Person required to have certificate: Tetra Tech, Inc.
Type of contract: Other
L
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/18 — 10/1/19
A. INSURANCE COMPANY: Zurich American Insurance Compa
B. AM BEST RATING (A-: VII or greater): A+/ XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT — please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
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?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
® Yes ❑ No
$2M/$4M
® Yes ❑ No
[-]Yes ❑ No
❑ Yes ❑ No
® Yes ❑ No
® Yes ❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/18 —10/1/19
A.
INSURANCE COMPANY: Zurich American Insurance Company
B.
AM BEST RATING (A-: VII or greater) A+/ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® 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?
$2,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
® Yes
❑ No
111. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/1/18 —10/1/19
A.
INSURANCE COMPANY: Zurich American Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+/ XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY 10/11/17-10/11/19 LEXINGTON INSURANCE COMPANY
Rated: A XV, Non -Admitted Limits: $2M/$2M SIR: $500K ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
/Agent or /Awanr insurance services
Broker of record for the City of Newport Beach
5/22/19
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
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 required for non -admitted Professional Liability carrier and $500K SIR 5/21/19 Risk
Management approved use of non -admitted Professional Liability carrier with $500K SIR
Approved:
Risk Management Date
* Subject to the terms of the contract.