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HomeMy WebLinkAboutC-5546 - PSA for Newport Boulevard Water Main RehabAMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. FOR NEWPORT BOULEVARD WATER MAIN REHAB THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 17th day of March, 2015 ("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, California 92614, and is made with reference to the following: RECITALS A. On July 15, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide engineering services for the City's Newport Boulevard (Central Avenue to 19th Street) Transmission Pipeline Replacement Preliminary Design Project ("Project"). B. On November 27, 2013, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement for the Via Oporto to 28th Street portion of the Project, to extend the term of the Agreement and to increase the total compensation. C. On April 28, 2014, City and Consultant entered into Amendment No, Two to the Agreement ("Amendment No. Two") to reflect additional services not included in the Agreement, as amended, to provide final design engineering services for the Project, to extend the term of the Agreement, and to increase the total compensation. D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement, as amended, to provide additional items of Work, to extend the term of the Agreement to December 31, 2016 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: iINEWA:lTl Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Two, and Exhibit A to Amendment No. Three shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT 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, Exhibit B to Amendment No. One, Exhibit B to Amendment No. Two, and Exhibit B to Amendment No. Three 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 Two Hundred Eighty Six Thousand Five Hundred Dollars and 00/100 ($286,500.00), 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. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifty Thousand Five Hundred Dollars and 00/100 ($50,500.00). !tl1kih"1 :?-Ail �I�i11:7=L 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. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO NE 'S OFFICE Date: By: AAr�—= aron C. Harp LAA os )ocl,,5' City Attorney ATTEST - Date: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date:'ZCo•?li IBJ By: Ed(vand D. Se ich Mayor CONSULTANT: Tetra Tech, Inc., a Delaware corporation Date: `3 )wl )�;- By: UvYK/ ��� By: �- Leilani I. Brown Thomas L. Epperson, .E. City Clerk Vice President Attachments Date: 3 By: eve�De desco, P.E. Senior Vice President [END OF SIGNATURES] Exhibit A – Scope of Services Exhibit B – Schedule of Billing Rates Tetra Tech, Inc. Page 3 EXHIBIT SCOPE OF SERVICES Tetra Tech, Inc. Page A-1 OTETRATECH February 19, 2015 Mr, Andy Tran, P.E. Senior Civil Engineer City of Newport Beach, Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Reference: Newport Boulevard Water Main Replacement Via Oporto to 281h Street and 26th Street to 191h Street, Contract No. 5481 Amendment No. 3: Additional Work Request Dear Mr. Tran: Tetra Tech has been working with the City of Newport Beach on the Newport Boulevard Water Main Replacement Project since July 2013. Our original proposal was for the preparation of the preliminary design (approved budget of $36,600). Amendment No. I was for the preparation of final design and construction support services for the portion of the water main replacement from Via Oporto to 281h Street (approved additional budget of $152,400). Amendment No. 2 was for the preparation of final design and construction support services for the portion of the water main replacement from 2611 Street to 191h Street (approved additional budget of $47,000). In summary, our approved budget including Amendment Nos. I and 2 is $236,000. During the preparation of the final plans, Tetra Tech has been requested to perform additional items of work that are above and beyond what we could have reasonably contemplated at the proposal time. By this correspondence, Tetra Tech is requesting the City to increase our approved budget to compensate Tetra Tech for these additional items of work. ADDITIONAL ITEMS OF WORK !tent No. 1: Corrosion Control Plans In both the proposal for Amendment Nos. I and 2, Corrosivity Evaluation as well as the corrosion control plans were not included in the proposal (Phase 2, Item J in both proposals). Once steel pipe was selected by the City for the portion of the replacement from Via Oporto to 28'h Street, corrosion control site plan and details were added to the construction drawings (Sheet D- I I i and D-112). These plans were not included in either Amendment No. I or Amendment No. 2. Item No. 2: Additional Connection Details Tetra Tech envisioned eight (8) connection details in Amendment No. I and another eight (8) connection details in Amendment No. 2. At the 90% submittal, Tetra Tech has prepared a total of twenty-three (23) connection details. In addition, due to utility congestion within Newport Boulevard, Tetra Tech was required to prepare specific profiles for ten (10) of these connections. This was not anticipated in our original proposals for Amendment Nos. I and 2. We are requesting additional monies for the preparation of the additional seven (7) connections and for the preparation of the ten (10) connection lateral profiles. Tetra Tech, Inc. 17885 Von Karman Avenue, Suite 500. Irvine, CA 92614-6213 Tet 949.809.5000 Fax 949.809.5010 www.tetratech.com Mr. Andy Tran, P.E., Senior Civil Engineer February 19, 2015 Page 2 Item No. 3: Sewer Reconstruction and Repair During the design process, the City asked Tetra Tech to include the design of the sewer reconstruction and sewer repair work included in the City's CIP that were located in the same streets as the water main replacement work. This included the reconstruction of about 100 feet of sewer in Finley (west) as well as five (5) other locations of sewer repair work (within the alley adjacent to Finley, within the alley between 2911 and 2941, and within 2811 Street). This additional work included the plan callouts, preparation of a profile for the reconstruction in Finley (west) and corresponding bid item descriptions within the specifications. Item No. 4: Sewer Replacement between 2611 Street and 22"d Street Amendment No. 2 included the preparation of a plan and profile sheet for the sewer replacement work between 26th Street and 22nd Street. Tetra Tech included this work in our 75% plan submittal. In the City's 7570 plan check comments, the City deleted a portion of the sewer replacement work and revised the alignment of the replacement to the OCSD manhole to be parallel in lieu of the Amendment No. 2 remove and replace in the same alignment. Tetra Tech revised the plan and profile as requested by the City comments. In the City's 90% plan check comments, the City has decided to return to the replacement in the same alignment with the intent of building a new OCSD manhole. Tetra Tech feels these revisions are extra work and is requesting a budget increase to compensate for these changes. Item No. 5: Revise Plans front 26th Street to 22"d Street Amendment No. 2 included the finalization of the plan and profile sheet between 26i1 Street to 221 Street prepared for the developer by Tetra Tech. The plans were prepared based on replacement of the existing services and fire hydrants to the developer's requested location of new meters/services. In the City's 75% plan check comments, Tetra Tech was directed to revise the plans to assume the developer has already completed the construction of the new services and fire hydrants. Therefore, Tetra Tech had to revise the plan and profile to delete the existing services and show the new services and fire hydrants as existing (at the time of the proposed water main replacement construction). Item No. 6: Changes to the Design based on 90% Plan Check Comments The following is a summary of changes to the construction drawings based on the City's 90% plan check comments. These comments were not included in the City's 75% plan check comments and due to the timing will require additional effort by Tetra Tech to incorporate into the final design package. • 20 -inch CIP connection at Via Oporto (replace the existing 20 -inch valve); • Change the pipe size from 10 -inch to 12 -inch within the alley adjacent to Finley Ave.; • Modify the fire hydrant connection within 32"d Street (extend piping in the street); • Change the pipe size from 6 -inch to 8 -inch within 3011 Street; • Add lateral to connect to existing dead-end hydrant on 2911 Street; • Revise profile within 28'1!2911 Street Alley; • Revise sewer pipe from SDR -35 PVC to VCP (including specifications); • Modify water service connections to existing meters (Detail 6 on D-106); • Revised pipe material from DIP to PVC when less than 30 -inches of cover: TETRA TECH Mr. Andy Tran, P.E., Senior Civil Engineer February 19, 2015 Page 3 • Evaluate need for additional air -vacuum assemblies based on comments; and • Add alley replacement details for the 28'h/29'h Street alley. It should be noted that Tetra Tech did add additional details between the 75% plan submittal and the 90% plan submittal to include a cut -in -valve detail to minimize the loss of service during connections. This was not initially anticipated in our original proposal. SUMMARY Tetra Tech is requesting the City to increase our approved budget to compensate us for the above additional items of work. Item No. Item Descri tion Requested Budget Increase I Corrosion Control Plans $ 6,990 2 Additional Connection Details $ 11,920 3 Sewer Reconstruction and Repair $ 4,180 4 Sewer Replacement between 2691 and 22"' Streets $ 6,480 5 Revise Plans From 26'h Street to 22nd Street $ 2,980 6 Changes to Design • 90% Plan Check Comments $ 17,950 Total Requested Budget Increase $ 50,500 We have included herewith our person -hour estimate for the additional items of work. By approving this requested budget increase of $50,500, our approved budget will be increased from $236,000 to $286,500. If you have any questions or concerns, please do not hesitate to give me a call. Sincer y, /n Tom Epperson, .E. Project Manager TLE/tc P 109378 13001-01 %Project Management\CormspondcnceWdditional Work Request Attachment TETRA TECH EXHIBIT B SCHEDULE OF BILLING RATES Tetra Tech, Inc. Page B-1 O m 00i n uai m N n m N OOi g c9 W O O N O m v I I N CO aMQt 1f1 pp OO 42i01 (O Q N ��vj N M N V! a N N 1 4 N 2 H N OM w N Vol Vol N d/ N k9 #QA N 19 H M H I NI I N O; l7 1N O 7 P 0 t0 e S O ro o ro m O ;n w w w N i" w a w w N O o a o a - o -- o- o 0 o a I a N . M r r �D N V ao O N O N O W ao I i a TO 0 te am m Q 10 Q N? N< N O N N It d V I al ' a m V w 0 'P N O m 0 N N m — N - m — N M e N N O -- O -- O a O O O O O O O O IV S d9 m v n ti N E C vii u m u q m a �N/ m tICN1 m 0 N c N ail J 1,23 ry 3 @� m 7 Q N y EB m 3 m m ft a¢ m� a 1 m� m a� yv C u) ¢ o N c`%'i a a cc i¢ w¢ v Ln m S TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report March 24, 2015 Agenda Item No. 10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Andy Tran, Senior Civil Engineer (949)644-3315 Newport Boulevard Water Transmission Main Replacement — Approval of Amendment No. 3 with Tetra Tech, Inc. C-5481 (CAP14-0030) The City entered into a Professional Services Agreement (PSA) and Amendment Nos. 1 and 2 with Tetra Tech, Inc. for preliminary and final engineering services for the Newport Boulevard Water Transmission Main Replacement project. Additional design services are needed to complete the construction documents. Pursuant to Council Policy F-14, City Council approval is required in order to process this Amendment No. 3. RECOMMENDATION: Approve Amendment No. 3 with Tetra Tech, Inc. for additional final engineering services for the Newport Boulevard Water Transmission Main Replacement project at a not -to -exceed price of $50,500, and authorize the Mayor and City Clerk to execute Amendment No. 3. FUNDING REQUIREMENTS: The current adopted CIP budget includes sufficient funding for the approval of Amendment No. 3. The following fund will be expensed: Account Description Account Number Amount Water Enterprise Fund 7511-C6002014 $ 50,500.00 Total: $ 50,500.00 DISCUSSION: The proposed water transmission main replacement project is located on the northbound side of Newport Boulevard between Via Oporto and 19th Street. The existing pipeline consists of 16 -inch and 20 -inch cast iron pipes that were installed in the mid 1920s. This transmission main is vital to the City's water distribution system as it provides water supply and fire flow protection to businesses and residents on the Balboa Peninsula. In addition to replacing the aging pipeline on Newport Boulevard, various smaller cast iron distribution mains on Finley Avenue, 32nd Street and various alleys will also be replaced. The City is currently administering a separate street improvement project on Newport Boulevard within the limits of this water transmission main project. Replacement of the water transmission main at this time will eliminate the potential of damaging the old existing cast iron water main during construction of the street improvements. The final design is approximately 90 percent complete. As part of the plan review process, staff identified the need to add several design features such as additional connections of distribution water mains and corrosion protection measures. In addition, the replacement of several failed sewer mains within the limits of this project has been added. Design services of these additional items were not included with the original PSA or the two previously approved amendments. Staff recommends approving Amendment No. 3 at a not -to -exceed fee of $50,500 to complete these additional design services. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: This agenda item has also been publicly noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Mao Attachment B - Amendment No. 3 with Tetra Tech, Inc. 10-2 J m AVE sl PROJECT LOCATION NEWPORT BLVD WATER TRANSMISSION MAIN REPLACEMENT VIA OPORTO TO 19TH ST LOCATION MAP ATTACHMENT A �00 III ,o CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5481 1 3/24/2015 10-3 ATTACHMENT B AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. FOR NEWPORT BOULEVARD WATER MAIN REHAB THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 17th day of March, 2015 ("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, California 92614, and is made with reference to the following: RECITALS A. On July 15, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide engineering services for the City's Newport Boulevard (Central Avenue to 19th Street) Transmission Pipeline Replacement Preliminary Design Project ("Project"). B. On November 27, 2013, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement for the Via Oporto to 28th Street portion of the Project, to extend the term of the Agreement and to increase the total compensation. C. On April 28, 2014, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional services not included in the Agreement, as amended, to provide final design engineering services for the Project, to extend the term of the Agreement, and to increase the total compensation. D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement, as amended, to provide additional items of Work, to extend the term of the Agreement to December 31, 2016 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services' or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to Amendment No. Two, and Exhibit A to Amendment No. Three shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT 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, Exhibit B to Amendment No. One, Exhibit B to Amendment No. Two, and Exhibit B to Amendment No. Three 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 Two Hundred Eighty Six Thousand Five Hundred Dollars and 00/100 ($286,500.00), 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. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifty Thousand Five Hundred Dollars and 00/100 ($50,500.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Tetra Tech, Inc. Page 2 10-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By Aaron C. Harp vine o'slothr City Attorney ATTEST: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Edward D. Selich Mayor CONSULTANT: Tetra Tech, Inc., a Delaware corporation By: Thomas L. Epperson, P.E. Vice President Date: By: Steven D. Tedesco, P.E. Senior 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 10-7 OTETRATECH February 19, 2015 Mr. Andy Tran, P.E. Senior Civil Engineer City of Newport Beach, Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Reference: Newport Boulevard Water Main Replacement Via Oporto to 28"' Street and 26'^ Street to 19" Street, Contract No. 5481 Amendment No. 3: Additional Work Request Dear Mr. Tran: Tetra Tech has been working with the City of Newport Beach on the Newport Boulevard Water Main Replacement Project since July 2013. Our original proposal was for the preparation of the preliminary design (approved budget of $36,600). Amendment No. I was for the preparation of final design and construction support services for the portion of the water main replacement from Via Oporto to 28"' Street (approved additional budget of $152,400). Amendment No. 2 was for the preparation of final design and construction support services for the portion of the water main replacement from 26"' Street to 19"' Street (approved additional budget of $47,000). In summary, our approved budget including Amendment Nos. I and 2 is $236,000. During the preparation of the final plans, Tetra Tech has been requested to perform additional items of work that are above and beyond what we could have reasonably contemplated at the proposal time. By this correspondence, Tetra Tach is requesting the City to increase our approved budget to compensate Tetra Tech for these additional items of work. ADDITIONAL ITEMS OF WORK lien) No. l: Corrosion Control Plans In both the proposal for Amendment Nos. I and 2, Corrosivity Evaluation as well as the corrosion control plans were not included in the proposal (Phase 2, Item 1 in both proposals). Once steel pipe was selected by the City for the portion of the replacement from Via Oporto to 281' Street, corrosion control site plan and details were added to the construction drawings (Sheet D-1 I I and D-1 12). These plans were not included in either Amendment No. I or Amendment No. 2. Item No. 1: Additional Connection Details Tetra Tech envisioned eight (8) connection details in Amendment No. I and another eight (8) connection details in Amendment No. 2. At the 90%n submittal, Tetra Tech has prepared a total of twenty-three (23) connection details. In addition, due to utility congestion within Newport Boulevard, Tetra Tech was required to prepare specific profiles for ten (10) of these connections. This was not anticipated in our original proposals for Amendment Nos. I and 2. We are requesting additional monies for the preparation of the additional seven (7) connections and for the preparation of the ten (10) connection lateral profiles. Tetra Tech, Inc. 17885 Von Karman A.enue, Suite 500. 1, 1 926146217 TO 919809.5000 ha 9,19.8095m0 .......i etntech,cow. ME Mr. Andy Tran, P.E., Senior Civil Engineer February 19, 2015 Page 2 Item No. 3: Sewer Reconstruction and Repair During the design process, the City asked Tetra Tech to include the design of the sewer reconstruction and sewer repair work included in the City's CIP that were located in the same streets as the water main replacement work. This included the reconstruction of about loo feet of sewer in Finley (west) as well as five (5) other locations of sewer repair work (within the alley adjacent to Finley, within the alley between 2911 and 291h, and within 2801 Street). This additional work included the plan callouts, preparation of a profile for the reconstruction in Finley (west) and corresponding bid item descriptions within the specifications. Item No. 4: Sewer Replacement between 26'h Street and 22nd Street Amendment No. 2 included the preparation of a plan and profile sheet for the sewer replacement work between 261^ Street and 22"d Street. Tetra Tech included this work in our 75% plan submittal. In the City's 75% plan check comments, the City deleted a portion of the sewer replacement work and revised the alignment of the replacement to the OCSD manhole to be parallel in lieu of the Amendment No. 2 remove and replace in the same alignment. Tetra Tech revised the plan and profile as requested by the City comments. In the City's 90% plan check comments, the City has decided to return to the replacement in the same alignment with the intent of building a new OCSD manhole. Tetra Tech feels these revisions are extra work and is requesting a budget increase to compensate for these changes. Item No. 5: Revise Plans from 16'h Street to 22411 Street Amendment No. 2 included the finalization of the plan and pmfile sheet between 261^ Street to 22"d Street prepared for the developer by Tetra Tech. The plans were prepared based on replacement of the existing services and fire hydrants to the developer's requested location of new meters/services. In the City's 75`70 plan check comments, Tetra Tech was directed to revise the plans to assume the developer has already completed the construction of the new services and fire hydrants. Therefore, Tetra Tech had to revise the plan and profile to delete the existing services and show the new services and fire hydrants as existing (at the time of the proposed water main replacement construction). Item No. 6: Changes to lite Design based on 90016 Plan Check Comments The following is a summary of changes to the construction drawings based on the City's 90% plan check comments. These comments were not included in the City's 75% plan check comments and due to the timing will require additional effort by Tetra Tech to incorporate into the final design package. • 20 -inch CIP connection at Via Oporto (replace the existing 20 -inch valve); • Change the pipe size from 10 -inch to 12 -inch within the alley adjacent to Finley Ave.; • Modify the fire hydrant connection within 32"d Street (extend piping in the street); • Change the pipe size from 6 -inch to 8 -inch within 301^ Street; • Add lateral to connect to existing dead-end hydrant on 291" Street; • Revise profile within 281h/291h Street Alley; • Revise sewer pipe from SDR -35 PVC to VCP (including specifications); • Modify water service connections to existing meters (Detail 6 on D-106); • Revised pipe material from DIP to PVC when less than 30 -inches of cover: TETRA TECH 10-9 Mr. Andy Tran, P.E., Senior Civil Engineer February 19, 2015 Page 3 • Evaluate need for additional air -vacuum assemblies based on comments; and • Add alley replacement details for the 2P/29i1 Street alley. It should be noted that Tetra Tech did add additional details between the 75% plan submittal and the 90% plan submittal to include a cut -in -valve detail to minimize the loss of service during connections. This was not initially anticipated in our original proposal. SUMMARY Tetra Tech is requesting the City to increase our approved budget to compensate us for the above additional items of work. Item No. Item Description Requested Bud et /rrerease I Corrosion Control Plans $ 6,990 2 Additional Connection Details $ 11,920 3 Sewer Reconstruction and Repair S 4,180 4 Sewer Replacement between 2611' and 22nd Streets $ 6,480 5 Revise Plans From 26'h Street to 22"' Street $ 2,980 6 Changes to Design - 90% Plan Check Comments S 17,950 Total Requested Budget Increase $ 50,500 We have included herewith our person -hour estimate for the additional items of work. By approving this requested budget increase of $50,500, our approved budget will he increased from $236,000 to $286,500. If you have any questions or concerns, please do not hesitate to give me a call. Sinccr y, l� Tom Epperson,E. Project Manager TLEIte P 09378 13001 Ot0'mpo NianagemenRComspondenmV+ddirinnal Wor6 Requcsl Attachment TETRA TECH 10-10 EXHIBIT B SCHEDULE OF BILLING RATES Tetra Tech, Inc. Page B-1 YP! W� N N M IA IA N N p M H N N N I NI I g Y Im'1 $ l7 N H e 9 d 19 e V O 0 m O m 0 N v 0 0 0 0 101 15 O^ P T m m O m O N O N< N O N N O O O I ml I a m O Ip m O N O . fl N N N- N- N- N N 181 I a v N N O -- O - 0 0 0- 0 0 0 0 0 0 0 m m .$ 2 �" n¢ 54 n 9 r N N O N 0 2 N O THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 28th day of April, 2014 ("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 July 15, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for engineering services for the City's Newport Boulevard (Central Avenue to 19th Street) Transmission Pipeline Replacement Preliminary Design Project ("Project"). B. On November 27, 2013, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One') to reflect additional services not previously included in the Agreement, extend the term of the Agreement and to increase the total compensation. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement, as amended, to provide final design engineering services for the Project, to extend the term of the Agreement to June 30, 2016 and to increase the total compensation. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services' or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment One and Exhibit A to Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. AMENDMENT NO. TWO TO V PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. FOR NEWPORT BOULEVARD WATER MAIN REHAB THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 28th day of April, 2014 ("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 July 15, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for engineering services for the City's Newport Boulevard (Central Avenue to 19th Street) Transmission Pipeline Replacement Preliminary Design Project ("Project"). B. On November 27, 2013, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One') to reflect additional services not previously included in the Agreement, extend the term of the Agreement and to increase the total compensation. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement, as amended, to provide final design engineering services for the Project, to extend the term of the Agreement to June 30, 2016 and to increase the total compensation. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services' or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment One and Exhibit A to Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT 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, Exhibit B to Amendment No. One and Exhibit B to Amendment No. Two 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 Two Hundred Thirty Six Thousand Dollars ($236,000.00), 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." 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 Forty Seven Thousand Dollars and 00/100 ($47,000.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Tetra Tech, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: 9-15-H By:A � UAAQ Aaron C. arp City Attorney 6 ATTEST:. (_ ) Date: By:qr all Leilani I. Brown City Clerk ;fiORN� CITY OF NEWPORT BEACH, a California municipal corporation Date: 151!21 By: G` l Dave City Manager CONSULTANT: Tetra Tech, Inc., a Delaware corporation Date: 42q/ )H By: Y�'. Tom Epperson, .E. Vice President Date: -41.)-11 1 f By: teve desco, P.E. Senior 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 SERVICE Tetra Tech, Inc. Page A-1 aTETRATECH March 24, 2014 Mr. Andy Tran, P.E. Senior Civil Engineer City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Reference: Newport Boulevard (Via Oporto to 28th Street) Transmission Main Relocation Amendment No. 2: Final Design Engineering Services for 2e Street to 19th Street Dear Mr. Tran: Tetra Tech enthusiastically submits our proposal for Amendment No. 2 to provide final desilll engineering services for the replacement of the City's Newport Boulevard Transmission Main from 26 Street to 19 Street. Tetra Tech has the utility information and, thence, will be able to expedite the final design. We value the relationship that has been built with the City on our past projects and look forward to continuing and expanding this association in the future. We are committed to providing the City with the same high quality service that we have provided the City in the past. Our project team is the "right" team to provide these services for the following reasons: • Outstanding Project Team that consists of Mr. Tom Epperson, P.E., Project Manager, and Mr. Corey Hess, P.E., Project Engineer. Tom and Corey have been working on the design of the pipeline replacement from 26t' Street to 22nd Street for the developer as well as the pipeline replacement from Via Oporto to 2e Street for the City. • Unequaled Pipeline Design Experience that includes more than 80 miles of water/recycled water, and sewer mains within fully developed areas having extensive traffic control and utility conflicts. • Ability to Expedite the Schedule since we already performed the utility investigation work as part of our existing design work for the developer. We can begin the final design plans immediately upon receiving your Notice to Proceed. • Dedication to the City through a "teamwork and partnering" relationship with the goal of strengthening our relationship while preparing a high quality final design under an expedited schedule. Thank you for the opportunity to submit this proposal. If you need additional information, or have any questions, please feel free to contact me at 949-809-5156. t y, m Tom Eppers P.E. Vice President Engineering and Consulting Services TLE/te P:\135-09378-13001-0I\ProjMgmt\Covespondencc\2e to 191° Street Proposal cover letter Attachment c: Michael J. Sinacori, Assistant City Engineer Tetra Tech, Inc. 17885 Von Karman Avenue, Suite 500, Irvine, CA 92614.6213 Tel 949.809.5000 Fax 949.809.50 10 w .tetratechxom CITY OF NEWPORT BEACH Newport Boulevard Transmission Main Replacement (26" Street to 19" Street) SCOPE OF WORK FOR AMENDMENT NO. 2 The City has requested a proposal from Tetra Tech to extend the final design of the Newport Boulevard Transmission Main Replacement from 266i Street to 196' Street. We have assumed that this extension would be included in the plan set that will be prepared for the Via Oporto to 286' Street Transmission Main Replacement Project. We propose to provide the following scope of work: Phase 1 — Preliminary Design A. Data Gathering, Utility Research and Base Mapping 1. Complete base mapping and plot existing utilities based on information obtained from the available record documents unless revised due to USA markings. 2. Perform field work to confirm above ground features. 3. 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 and replacement; and future projects. Prepare meeting minutes and distribute to all attendees for their concurrence. 4. Send second utility notice including final plans requesting the utility verify locations of their facilities, identify any possible utility conflicts, and coordinate construction activities. 5. Maintain a complete record of all utility contacts and responses and copy all correspondence to the City. B. Alignment Alternatives Evaluate alignment alternatives considering utility location, constructability, traffic assessments, citizen impacts, community concerns, and City requirements. 2. Provide strip plot and typical cross sections for the recommended alignment. 3. Meet with the City to discuss the recommended alignment. C. Pipe Material Evaluation L Evaluate alternative pipe materials (i.e.: C-905 PVC; HDPE, DIP; or CML&C steel pipe with cathodic protection). The evaluation will include the proposed bends, restraint joints, etc. 2. Meet with the City to discuss the alternative pipe materials. Phase 2 — Final Design A. Finalize Base Maps 1. Perform field walk to verify plotting of utilities for the recommended alignment. 2. Finalize design concepts including pipe material and traffic control, pavement replacement, work hours, construction phasing, etc. e:e93�e-hoot-otwe)ra�e�c ns°m 19° sv«rvr000Wtva -1- TETRA TECH CITY OF NEWPORT BEACH Newport Boulevard Transmission Main Replacement (26" Street to 19" Street) 3. Perform any necessary field survey work to compliment the City survey data from the street improvement project and the OCSD's sewer rehabilitation project. At this time, we do not have any topographic mapping for 19d' Street from Newport Boulevard to Bay Avenue. For this proposal, we have assumed one day of survey work may be required. B. Pothole Investigation Tetra Tech will have a subconsultant provide subsurface utility services to determine the horizontal and vertical position of critical utilities that cross the proposed pipeline. We have assumed that the "Watch Manual" can be used for the necessary traffic control plans for the pothole investigation. The subconsultant performing the potholing will provide traffic control and will backfill the hole with slurry and hot permanent AC paving. For this proposal, we have assumed a total of five (5) critical utility crossings that may need to be potholed during the final design. C. Geotechnical Investigation We have assumed that two (2) hollow -stem augur borings to a depth of 15 feet below the existing grade will be performed. The following is a summary of the scope of work: • Apply for an encroachment permit from the City of Newport Beach; • Premark the proposed boring locations and contact USA; • Provide traffic control during the course of the field exploration within street right-of-way; • Perform a subsurface exploration consisting of two hollow -stem borings to a depth of 15 feet below the existing grade; • Perform laboratory testing and geotechnical analysis of the collected data; • Prepare a geotechnical report presenting the findings and recommendations including: groundwater conditions; geologic hazards; sulfate potential on concrete; corrosivity; construction dewatering; temporary excavations; and temporary shoring. D. Construction Plans 1. We envision the following additional construction plans to include in the Via Oporto to 26d' Street Replacement drawings: • Modifications to the location map, and sheet index • Modifications to the Horizontal Control Plan and additional Typical Street Sections • Plan and Profile sheet — 26d' Street to 22nd Street • Plan and Profile Sheet — 22°d Street to 19th Street • Plan and Profile Sheet — 19d' Street from Newport to point of connection • Plan and Profile Sheet — Sewer Replacement between 2e Street and 22nd Street • Connection Details — 26d' Street to 22"d Street • Connection Details — 22nd Street to 26ih Street • Modifications to Trench Detail and additional Miscellaneous Details • Traffic Control Concepts (concepts only) (6 concept plans) • Credit for Via Oporto to 28d' Street - Concepts only in lieu of Plans (16 concept plans) • Credit for 26" to 22m Street — Concepts only in lieu of Plans (4 concept plans) P:w9378.l101.011PmjMgtm`C=e,p116•ro 19`s•«r Pwpnitvu -2- TETRA TECH CITY OF NEWPORT BEACH Newport Boulevard Transmission Main Replacement (26" Street to 19" Street) We are assuming that the Contractor will be responsible to prepare the actual traffic control plans based on the concepts included within the plans and specifications. We have also included the design costs of completing the portion of the work from 260' Street to 22nd Street that Tetra Tech had completed to 50% design for Wieland-Davco Corporation. The remaining cost of this work was $17,500. 2. All drawings and design specifications will be prepared in accordance with the City of Newport Beach "Design Criteria, Standard Special Provisions and Standard Drawings" and the Standard Specifications for Public Works Construction ("Green Book"). 3. Plans will be prepared in 2010 version of AutoCAD and using the City's drafting standards. Each plan sheet will be on City standard 24 -inch by 36 -inch bond sheet. E. Specifications 1. Tetra Tech will modify the special provisions and the bid schedule to include the extension of the pipeline. 2. Tetra Tech will prepare an itemized opinion of probable construction cost for submittal at the 90 percent and final design completion levels. F. Project Schedule Tetra Tech will prepare and update the project schedule throughout the course of the design. The schedule shall include the pre -design, design, bid and construction phases. G. Submittals( no additional cost due to contained in Via Oporto to 280' Street Proposal) 1. Construction plans and specifications shall be submitted to the City for review at the 75- and 90 -percent completion level. Eight (8) full-size copies shall be provided for the submittal. 2. 90 Percent Design Review will include: Tetra Tech will submit, as a minimum, the final plans reflecting 75 percent 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 90 percent design review corrections, complete and bound special provisions, contract documents and any appendices, for final approval and plan signature by the City. 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, except for the traffic control plans. We have assumed that the traffic control plan review will take a minimum of three (3) weeks. Tetra Tech will preview each plan submittal with the City staff in a preview meeting. The Project Manager will attend the meeting for the City's approval to explain or answer any remaining questions. r:b937s-l300"l%Proildp4`C0rn*,V0 w 19° so-xt P,,W tan -3- TETRA TECH CITY OF NEWPORT BEACH Newport Boulevard Transmission Main Replacement (26" Street to 19" Street) 6. Tetra Tech will submit the final electronic files to the City on two separate compact disks: 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. H. Team Meetings Schedule and lead status meetings with the City. Prepare meeting's agenda and provide meeting minutes and action items. For this proposal, we have assumed a total of three (3) meetings will be required in addition to the meetings included for the Via Oporto to 28th Street proposal. I. Addenda Preparation No additional work as already included in the Via Oporto to 28d' Street proposal. J. Corrosivity Evaluation We have assumed that a corrosion evaluation is not part of our scope of work. During the discussion of the alternative pipe materials, the City and Tetra Tech will discuss the necessary details for corrosion protection of the selected pipe material. Tetra Tech can provide a scope and fee for the corrosion evaluation if desired by the City. Phase 3 — Construction Phase Services (assuming one construction bid package) A. Project Meetings Tetra Tech will attend an additional two (2) project meetings of one (1) hour each during the construction period of the project and provide meeting minutes. Total of twelve (12) meetings. B. Contractor's Requests for Information Tetra Tech will respond to an additional four (4) contractor requests for information for the project. Total of twenty-four (24) RFIs. C. Minor Plan Revisions Tetra Tech will provide an additional ten (10) hours of staff time for minor plan revisions to the construction drawings for the project. Total of fifty (50) hours. D. Shop Drawing Review Tetra Tech will review an additional ten (10) shop drawing submittals, assuming that we will be required to perforin a second review of half of the shop drawing submittals for the project. Total of fifty (50) shop drawing submittals. E. Record Drawings Tetra Tech will prepare record drawings for the additional sheets included in Amendment No. 2. r:msal�uaowrwat'tf�nco�e�amro ts"so- ftpowim -4- TETRA TECH CITY OF NEWPORT BEACH Newport Boulevard Transmission Main Replacement (26" Street to 19" Street) CITY'S RESPONSIBILITIES 1. City will furnish all City plans, record drawings, geotechnical reports, survey records, easement information, and related materials as are available and appurtenant to the project. 2. City will fulfill all environmental requirements. 3. City staff will be available to answer questions during all phases of the project and will facilitate coordination with the Operations staff. 4. 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. 5. The City will conduct the bid opening. PROJECT SCHEDULE We are committed to the following schedule. We have assumed the Notice to Proceed for Amendment No. 2 will be provided by April 1", 2014. Notice to Proceed April 1", 2014 Preliminary Alignment Meeting April 17'b, 2014 75% Submittal May 15d% 2014 Receive City comments June 40', 2014 90% Submittal June 2e, 2014 Receive City comments July 9m, 2014 Receive City Traffic comments July 16'", 2014 Final Submittal July 31", 2014 BUDGET Tetra Tech will perform this work for Amendment No. 2 on a "Time and Material" basis with the following "Not -to -Exceed" amount. Attached is our labor plan including the estimate of staff hours by job title required to complete each task in the scope of work. The following is a summary of our fee estimate: Phase 1 — Preliminary Design $ 3,000 Phase 2 — Final Design $ 35,200 Phase 3 — Construction Phase Services $ 8.800 Total Not -to -Exceed Amount S 47,000 P:U378-130()1 rnPr9lMgnMomapl6°w 19P So- Pw9oaltew -5- TETRA TECH EXHIBIT B SCHEDULE OF BILLING RATES Tetra Tech, Inc. Page B-1 Ted D6rM100 �eNN i I TOTALS �w 6Pewe15wN4w Fnpwr Pl-] tlMe -hNoolp QM 6 Mwimw (3) 2 Dm wOw6re. N11My wtl Baro Mepgip 0 Nlpxn4m Mem4Ww eM Ppe Mw WI 0 FwSw ew MwaeM surrey 0 Pwnw.immgmm o DePIwIWrl Wry ogg 0 0 TNe SMe0Se44MShw1 0 Nwl4w4el CwewnM684w S4diww 0 Mal 2670 to 22M 504w Rew sM Owe44 6 PWAPr9M-Nw4w 15d6Sw (3) 1 Lww W (2) 0 M4011y TrMM1�wW Ms. Plp DMN6 0 Tr Cowal CwmwN(6) 0 CN Th04k L.W. es Pl (20) 0 spMM 1 Cw -Ore Spw ws Pwortln6 -2 Su 9t meM pmrwire 0 M PmpW 0 P6MSpN Rw�5r 0 Prsm4luy aM Rntl DwMO S W Mel Genewc0on p$w fi r (. old p db ) OaAtlenN Pr qW M w (2) 0 M9awm fp61w1ela ARe(4) 0 ROdUwNh Pl nwd palwuw) 0 AwRtl0,N Shop Or in Rw (10) 0 MANwuIRwaO Dl4rllw 00 ralwrumm� Peer S.N J 0 COy 01 Nw wn Beuh Ne on SW TM R9pl6pmenl(26thM I SV ) Amendnent N0.2 P. S..o 4 0 SWfvM44bn MBMwMw I TOTALS $1.182 SO Fnpwr Pn39e41 CORD I s4P Moo 0 6 0 0 n 4 0 0 0 6 0 4 4 2 10 4 4 4 0 12 0 4 4 0 6 2 4 a 1 $1854 2 4 0 1 19.590 0 0 2 0 2 0 2 4 0 6 24 w 60 0 12a 6 10 40 0 37 4 6 16 0 26 2 4 6 0 12 2 6 20 0 26 4 -12 -70 0 36 6 0 a 2 9 -10 4 < 4 26 0 0 0 0 0 0 0 a 0 0 G 0 0 0 0 4 0 SWfvM44bn MBMwMw I TOTALS $1.182 SO s1.782 51,251 sm $1.330 $1,236 566 51.300 $1.676 $24 $1.700 $1,016 $3,7aa $4.716 .ww ss.s0o s6.4e0 3960 s1a.a0o $14960 5246 W $246 5055 0 5266 $171062 5114 513,600 35.067 SO 56.067 63894 SO $3.081 $1854 SO 61.591 53b 56 19.590 310.900 -f9.800 -540500 $1801 0 $1.503 j4.14o 50 31.140 0 0 50 $0 0 $0 SO $646 $546 4 0 0 0 4 560 540 SM 6 2 0 0 S $1.250 m 51850 0 0 10 0 10 5120 0 $1,20 10 1$ 0 2 26 p,$0 sm 54.020 0 2 6 0 10 $1.252 m 41.590 TOTAL 14 1 0 1 M I SS 1 0 1 255 1 836,72$ 1 911,276 I $47,OOD AMENDMENT NO. ONE TO 4 PROFESSIONAL SERVICES AGREEMENT U WITH TETRA TECH EC, INC. FOR NEWPORT BOULEVARD WATER MAW REHAB THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 27th day of November, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TETRA TECH EC, INC., a Delaware corporation ("Consultant"), whose address is 17885 Von Karmen Avenue, Suite 500, Irvine, CA 92614, and is made with reference to the following: RECITALS A. On July 15, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for engineering services for the City's Newport Boulevard (Central Avenue to 19th Street) Transmission Pipeline Replacement Preliminary Design Project ('Project`). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement for the Via Oporto to 28th Street portion of the Project, to extend the term of the Agreement to June 30, 2014 and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: al tf Section 1 of the Agreement is amended in its entirety and replaced with the following: `The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2014, unless terminated earlier as set forth herein." Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A-" The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT 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 of the Agreement and Exhibit B of 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 Eighty Nine Thousand Dollars ($189,000.00), 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." 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 One Hundred Fifty Two Thousand Four Hundred Dollars and 00/100 ($152,400.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Tetra Tech EC, 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 OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal c poration Date: Date: By: 1 By: Aaron CV Harp Keith D. Curry City Attorney 1�`1� Mayor -IV, ATTEST: rr,, CONSULTANT: Tetra Tech IW�, Inc., a Date: Delaware cor oration Date: la i9 1--;�-> By: *,— Leilani I. Brown City Clerk���� U \\ Attachments: 1041IZ67 �9I c By: / n, &�= Tom Epperson, P.E. Vice President Co5-l� soxvues Date: 11-i S % i r By- Steve Tedesco, P.E. Senior Vice President NATURESI t `/ Exhibit A – Scope of Services Exhibit B – Schedule of Billing Rates Tetra Tech EC, Inc. Page 3 Tetra Tech EC, Inc. Page A-1 (;ITY OF iJcL'dPORT BEACH Mo vgrori boulevard Transrnisa inn !••train R*: Iaoornont (ria Op aria to P.u troaf) SCOPE OF WORK FOR AMENDMENT NO. I Members of the project team have performed an in-depth review of the project. We have also visited the project site and have discussed the project with the City. Based on this information and our previous experience working with the City, we propose to provide the following scope of work: Phase 1 — Preliminary Design A. Project Kick-off Attend project kick-off meeting to review project scope, schedule, budget and work plan. B. Data Gathering, Utility Research and Base Mapping L Complete base mapping and plot existing utilities based on information obtained from the available record documents unless revised due to USA markings. 2. Perform field work to confirm above ground features. 3. 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 and replacement; and future projects. Prepare meeting minutes and distribute to all attendees for their concurrence. 4. Send second utility notice including final plans requesting the utility verify locations of their facilities, identify any possible utility conflicts, and coordinate construction activities. 5. Maintain a complete record of all utility contacts and responses and copy all correspondence to the City. C. Alignment Alternatives 1. Evaluate alignment alternatives considering utility location, constructability, traffic assessments, citizen impacts, community concerns, and City requirements. 2. Provide strip plot and typical cross sections for the recommended alignment. 3. Meet with the City to discuss the recommended alignment. D. Pipe Material Evaluation 1. Evaluate alternative pipe materials (i.e.: C-905 PVC; HDPE, DIP; or CML&C steel pipe with cathodic protection). The evaluation will include the proposed bends, restraint joints, etc. 2. Meet with the City to discuss the alternative pipe materials. Phase 2 — Final Design A. Finalize Base Maps 1. Perform field walk to verify plotting of utilities for the recommended alignment. P:109378-t30Pt1Ro}Ai6mtiCam+Flt mal Design Revised Propos!" -4- TETRA TECH CITY Of. NEWPORT BEACH Newport $,uleva,d Transmisswn Rain ReplAcement Me Oporto to 28" Street) 2. Finalize design concepts including pipe material and traffic control, pavement replacement, work hours, construction phasing, etc. 3. Perform any necessary field survey work to compliment the City survey data from the street improvement project and the OCSD's sewer rehabilitation project. For this proposal, we have assumed one day of survey work may be required. B. Pothole Investigation Tetra Tech will have a subconsultant provide subsurface utility services to determine the horizontal and vertical position of critical utilities that cross the proposed pipeline. We have assumed that the "Watch Manual" can be used for the necessary traffic control plans for the pothole investigation. The subconsultant performing the potholing will provide traffic control and will backfill the hole with slurry and hot permanent AC paving. For this proposal, we have assumed a total of ten (10) critical utility crossings that may need to be potholed during the final design. C. Geotechnical Investigation 1. Review pertinent existing geotechnical reports made available and within Leighton's in-house library and perform a detailed site reconnaissance of the alignment. Leighton has previously performed geotechnical explorations at the following sites: the old City Hall site; a commercial property at 3424 Via Lido; and a redevelopment project at 3355 Via Lido. 2. Apply for an encroachment permit from the City of Newport Beach. 3. Premark the proposed boring locations and contact USA. Provide traffic control during the course of the field exploration in the street right-of-way. 4. Perform a subsurface exploration consisting of three hollow -stem auger borings to a depth of 15 feet below the existing grade. 5. Perform laboratory testing and geotechnical analysis of the collected data. 6. Prepare a geotechnical report presenting the findings and recommendations including: alignment and groundwater conditions; geologic hazards; sulfate potential on concrete; corrosivity; construction dewatering; temporary excavations; and temporary shoring. D. Construction Plans 1. We envision the construction plan set to include the following drawings: • Tide Sheet including vicinity map, location map, and sheet index • Second Sheet including general notes, domestic water notes, abbreviations, legends, and contact information • Horizontal Control Plan • Typical Street Sections • Plan and Profile sheet — Newport Boulevard (3 sheets) • Plan and Profile sheet — Finley Avenue • Plan and Profile sheet — 32"d Street P109378.130011ProjM,.t\Comsp7at Design Revised Proposal leas - 5 - TETRA TECH CITY OF NEWPORT BEACH Nenpart Boulaviru Transmissio-n Vain Replccamt;nt (Vln Oporto t 28Gtmet) • Plan and Profile sheet — 29h Street and Alley between 28h and 29th Streets • Connection Details — 8 connection details (2 sheets) • Trench and Miscellaneous Details • Miscellaneous Pipe Details • Miscellaneous Appurtenances and Details (2 sheets) • Traffic Control Plans (16 sheets) • Detour Sheets — Finley, Finley alley, 29h Street and 28'h to 29h Alley (2 sheets) 2. All drawings and design specifications will be prepared in accordance with the City of Newport Beach "Design Criteria, Standard Special Provisions and Standard Drawings" and the Standard Specifications for Public Works Construction ("Green Book"). 3. Plans will be prepared in 2010 version of AutoCAD and using the City's drafting standards. Each plan sheet will be on City standard 24 -inch by 36 -inch bond sheet. E. 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 90 percent and final design completion levels. F. Project Schedule 1. Tetra Tech will prepare and update the project schedule throughout the course of the design. The schedule shall include the pre -design, design, bid and construction phases. 2. Tetra Tech will identify pipeline manufacturing and delivery times for all long -lead items. G. Submittals 1. Construction plans and specifications shall be submitted to the City for review at the 75- and 90 -percent completion level. Eight (8) full-size copies shall be provided for the submittal. 2. 90 Percent Design Review will include: Tetra Tech will submit, as a minimum, the final plans reflecting 75 percent 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 90 percent design review corrections, complete and bound special provisions, contract documents and any appendices, for final approval and plan signature by the City. 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, except for the traffic control plans. We have assumed that the traffic control plan review will take a minimum of three (3) weeks. PM9379-13001PmtMBmACmmsp7mal Design ne�Prepul ren -6- TETRA TECH CITY OF NEWPORT PRP,CH Naewi,;;zrt bouievard Trereemiosion Main neD,it pmont Nin Oporto to 28" Street) Tetra Tech will preview each plan submittal with the City staff in a preview meeting. The Project Manager will attend the meeting for the City's approval to explain or answer any remaining questions. 6. Tetra Tech will submit the final electronic files to the City on two separate compact disks: 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. H. Team Meetings Schedule and lead status meetings with the City. Prepare meeting's agenda and provide meeting minutes and action items. For this proposal, we have assumed a total of six (6) meetings will be required. 1. Addenda Preparation During the bidding period, Tetra Tech will provide information and answer questions. Tetra Tech will prepare two (2) addenda, if so requested by the City. J. Corrosivity Evaluation We have assumed that a corrosion evaluation is not part of our scope of work. During the discussion of the alternative pipe materials, the City and Tetra Tech will discuss the necessary details for corrosion protection of the selected pipe material. Tetra Tech can provide a scope and fee for the corrosion evaluation if desired by the City. Phase 3 — Construction Phase Services A. Project Meetings Tetra Tech will attend ten (10) project meetings of one (1) hour each during the construction period of the project and provide meeting minutes. B. Contractor's Requests for Information Tetra Tech will respond to approximately twenty (20) contractor requests for information for the project. C. Minor Plan Revisions Tetra Tech will provide forty (40) hours of staff time for minor plan revisions to the construction drawings for the project. D. Shop Drawing Review Tetra Tech will review forty (40) shop drawing submittals, assuming that we will be required to perform a second review of half of the shop drawing submittals for the project. P:\(19378-I7Utl1\Nv1M6�^r�ortesp\PNel Design Retied Propomllexi -7- TETRA TECH CITY OF NEWPORT BEACF1 Nowport aoui&vard Trari:miie.sion £tarn R�plaoamsat (Via Oporto to 2&, " 3tre at} B. Record Drawings Tetra Tech will prepare record drawings on 24 -inch by 36 -inch mylar for the title sheet and bond copies for the remaining sheets at construction completion using the contractor's and City Inspector's redlines for both the project. Final record drawing mylar and bond sheets, AutoCAD electronic files, and PDF files of the final as -built mylar and bond sheets will be submitted to the City at the completion of construction. CITY'S RESPONSIBILITIES 1. City will furnish all City plans and record drawings, geotechnical 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 appurtenant to the project. 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. 9. Payment of all fees for permits and applications. PROJECT SCHEDULE We have evaluated and considered our current and future work load and are committed to the following schedule. The Notice to Proceed will be receipt of the payment for the design. Notice to Proceed December 2, 2013 Preliminary Alignment Meeting December 19, 2013 75% Submittal January 9, 2014 Receive City comments January 22, 2014 90% Submittal February 13, 2014 Receive City comments February 26, 2014 Receive City Traffic comments March 5, 2014 Final Submittal March 20, 2014 PAW318.13WIPWjmv.ic«resptFRW Desitin Aa*Propmet(eL -8- TETRA TCH Tetra Tech EC, Inc. Page B-1 (;=IT4' OF N tArPOFT BEACH New,,,ort 63 o u l ev na rd Tra-ismi;ston M. in Ho pl z ct.mte nt lVla Orcrte to 28" Skreut) Tetra Tech will perform this work for Amendment No. 1 on a "Time and Material" basis with the following "Not -to -Exceed" amount. Attached is our labor plan including the estimate of staff hours by job title required to complete each task in the scope of work. The following is a summary of our fee estimate: Phase 1 — Preliminary Design $ 8,600 Phase 2 — Final Design $ 109,400 Phase 3 — Construction Phase Services 34,400 Total Not -to -Exceed Amount $ 252,400 P:1993'!&I3WIiPro�tfgmttCvrsesplFnat D 19-R,,Ww P-Piaam, -9• TETRA TECH Chy 01 Nat dS.a Naw dSW TM Raplaw em(ft Op Ao to 28th Saaa1) fae Summery Task Dae*pf Fbrm c TOY" _ SMiMr Prolndl Fn>)aa Dei160 Tatal 9uti'CanlMMon MMMpM EapilYnY 5091 CMD M I(de0 tabtt Aahudoeablea Soopool SArvk»a ...um.w„ Pro1M Ma o..M kc wv OMM 52 0 0 0 0 12 $2.584 m "1w M6as009(0) 4 8 0 0 0 12 52,500 $122 $28W D Whanp.OG91y—Sm M}pft a 0 a 24 2 34 54.236 $84 Yr.2W AMgMneM A6ama0va8rA Papa MMMM 2 4 8 is 0 W 54.218 522 $4.200 FOYMka ease Maps" Survy 0 0 8 8 0 r8 $2.032 W17M 56722 Po1MkIms Wl. 0 2 4 0 1 7 "so Ott $11.060 GW.Mlw lm"Polm 0 2 4 0 1 7 $280 412.8 $13.810 M. shaMl.e Sheth 0 2 4 10 0 is no90 W #,090 Na1xMOSICm00A m M& swi. 0 0 4 10 0 28 54.504 W $2.504 PleOanaPMlla-NaxpaRANd(3i 2 8 18 b 0 5/ $1,304 $0 $7.384 FlMraaS PmNa-ftMq Ara and Aaey a 2 8 12 0 W $2,598 U,M POmvq PM9o-39tlBtre¢t 0 2 6 12 0 M #,598 80 MM Pan aM flrsroe-2Po WASry 0 9 6 12 a W $2392 W 52596 Carvta DM09a(2) 0 4 a i6 0 26 $3,884 80 53,609 Tromha w.,P"D m(2) 0 2 6 12 0 20 52.598 $0 52,348 MMa AppMllMw+wa 0888(2) 0 4 10 20 0 3q $4.440 $0 54,440 TmOk COMMPMne(18) 0 0 0 W 0 W $9,920 $191M $23,920 OMaur PWna(2) 8 0 0 10 0 10 $1240 W.OW W,2W 9pw4ka8 a 20 4 0 0 30 EB.OB2 W 49,462 SM Ma wl PSxaroing 0 2 4 a 4 15 $1,952 W $1,932 AMiarsla PlMwatwn 2 a a 4 1 13 52.592 $0 $2,1W @IMIIp aMApnaslwlkrt 0 0 0 0 0 0 W 51.828 $1,628 PnOmNary and foal DMJpn SM4 20 60 103 280 14 606: $70,618 $47,104 $11$.000 COnMrucMn P6au 8ervlcea PIo)aMMaMM9s(i0) 0 EO 0 0 0 2tl W= $2M 56SW CoMreMM'c RFla(2a) 4 W 10 0 0 44 S7.dW W 5),498 MIMr CIan ABVIM0110140 haul¢) 0 0 4 38 0 M 54,984 w "m Sh00 OmMnp W. W) 0 40 W a 6 100 $15.080 $RW 5151340 9e 0reW pa 0 0 4 t8 0 0 $2752 $386 63,198 TO 92 ts6 fH4 944 2O 736 $104,380 $46,060 4162,400 9�EWFpRT CITY OF NEWPORT�Gl� EACH I] I1 �qt/GOR�A City Council Staff Deport Agenda Item No. 13 November26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3330,dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer 949-644-3315, atran newportbeachca.gov APPROVED: n v y TITLE: Amendment No. 1 to Professional Services Agreement with Tetra Tech, Inc. for Newport Boulevard Water Transmission Main Replacement Project ABSTRACT: The City entered into a Professional Services Agreement (PSA) with Tetra Tech, Inc. for preliminary engineering services for the Newport Boulevard Water Transmission Main Replacement project. A preferred alternative has been identified and final engineering services are needed to complete the construction documents. Pursuant to Council Policy F-14, City Council approval is required in order to process Amendment No. 1 to the PSA with Tetra Tech for final engineering services. RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Tetra Tech, Inc. to provide final engineering services for the Newport Boulevard Water Transmission Main Replacement project at a cost not to exceed $152,400.00 and authorize the Mayor and City Clerk to execute Amendment No. 1 to the PSA. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for Amendment No. 1. Funds will be expended from the Water Enterprise account (7511-C6002014) for this project. DISCUSSION: The proposed water transmission main replacement project is located on the northbound side of Newport Boulevard between Via Oporto and 28th Street. The existing pipeline consists of 16 -inch and 20 -inch cast iron pipe that was installed in the mid 1920's. This transmission main is vital to the City's water distribution system as it Amendment No. 1 to Professional Services Agreement with Tetra Tech, Inc. for Newport Boulevard Water Transmission Main Replacement Project. November 26, 2013 Page 2 provides water supply and fire flow protection to businesses and residents on the Balboa Peninsula. In addition to replacing the aging pipeline in Newport Boulevard, various cast iron mains in Finley Avenue and 32nd Street will also be replaced. The City is currently administering a separate street improvement project on Newport Boulevard within the limits of this water transmission main project. Replacement of the water main at this time will eliminate the potential of damaging the existing water main during construction of the street improvements. The City selected Tetra Tech, Inc. to provide preliminary engineering services based on their response to a Request for Proposals for the MacArthur Boulevard Water Transmission Main project. Tetra Tech was ranked a close second on the MacArthur Boulevard project and has successfully completed other similar design projects for the City. Preliminary engineering services have been completed and the preferred alternative was identified. The proposed not -to -exceed fee for final engineering services is $152,400.00. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Suhmitted by Public Works Director Attachments: A. Amendment No. 1 with Tetra Tech, Inc. B. Location Map Attachment A AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH EC, INC. FOR NEWPORT BOULEVARD WATER MAIN REHAB THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 27th day of November, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TETRA TECH EC, 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 July 15, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") for engineering services for the City's Newport Boulevard (Central Avenue to 19th Street) Transmission Pipeline Replacement Preliminary Design Project ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement for the Via Oporto to 28th Street portion of the Project, to extend the term of the Agreement to June 30, 2014 and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2014, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT 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 of the Agreement and Exhibit B of 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 Eighty Nine Thousand Dollars ($189,000.00), 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." 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 One Hundred Fifty Two Thousand Four Hundred Dollars and 00/100 ($152,400.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Tetra Tech EC, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: ~I Aaron CV Harp City Attorney 11P ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONSULTANT: Tetra Tech EC, Inc., a Delaware corporation Date: By: Tom Epperson, P.E. Vice President Date: By: Steve Tedesco, P.E. Senior Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Tetra Tech EC, Inc. Page 3 EXHIBIT A SCOPE OF SERVICE Tetra Tech EC, Inc. Page A-1 CITY OF NEWPORT BEACH Newport Boulevard Transmission Main Replacement (Via Oporto io 281' Street) SCOPE OF WORK FOR AMENDMENT NO. I Members of the project team have performed an in-depth review of the project. We have also visited the project site and have discussed the project with the City. Based on this information and our previous experience working with the City, we propose to provide the following scope of work: Phase 1 — Preliminary Design A. Project Kick-off Attend project kick-off meeting to review project scope, schedule, budget and work plan. B. Data Gathering, Utility Research and Base Mapping 1. Complete base mapping and plot existing utilities based on information obtained from the available record documents unless revised due to USA markings. 2. Perform field work to confirm above ground features. 3. 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 and replacement; and future projects. Prepare meeting minutes and distribute to all attendees for their concurrence. 4. Send second utility notice including final plans requesting the utility verify locations of their facilities, identify any possible utility conflicts, and coordinate construction activities. 5. Maintain a complete record of all utility contacts and responses and copy all correspondence to the City. C. Alignment Alternatives 1. Evaluate alignment alternatives considering utility location, constructability, traffic assessments, citizen impacts, community concerns, and City requirements. 2. Provide strip plot and typical cross sections for the recommended alignment. 3. Meet with the City to discuss the recommended alignment. D. Pipe Material Evaluation 1. Evaluate alternative pipe materials (i.e.: C-905 PVC; HDPE, DIP; or CML&C steel pipe with cathodic protection). The evaluation will include the proposed bends, restraint joints, etc. 2. Meet with the City to discuss the alternative pipe materials. Phase 2 — Final Design A. Finalize Base Maps 1. Perform field walk to verify plotting of utilities for the recommended alignment. P:\0937843001T,Mgml\CortespTinal Design RsWed Propoaalieu -4- TETRA TECH CITY OF NEWPORT BEACH Newport Boulevard 1'ransmission Main Replacement (Via Oporto to 28" Street) 2. Finalize design concepts including pipe material and traffic control, pavement replacement, work hours, construction phasing, etc. 3. Perform any necessary field survey work to compliment the City survey data from the street improvement project and the OCSD's sewer rehabilitation project. For this proposal, we have assumed one day of survey work may be required. B. Pothole Investigation Tetra Tech will have a subconsultant provide subsurface utility services to determine the horizontal and vertical position of critical utilities that cross the proposed pipeline. We have assumed that the "Watch Manual" can be used for the necessary traffic control plans for the pothole investigation. The subconsultant performing the potholing will provide traffic control and will backfill the hole with slurry and hot permanent AC paving. For this proposal, we have assumed a total of ten (10) critical utility crossings that may need to be potholed during the final design. C. Geotechnical Investigation I. Review pertinent existing geotechnical reports made available and within Leighton's in-house library and perform a detailed site reconnaissance of the alignment. Leighton has previously performed geotechnical explorations at the following sites: the old City Hall site; a commercial property at 3424 Via Lido; and a redevelopment project at 3355 Via Lido. 2. Apply for an encroachment permit from the City of Newport Beach. 3. Premark the proposed boring locations and contact USA. Provide traffic control during the course of the field exploration in the street right-of-way. 4. Perform a subsurface exploration consisting of three hollow -stem auger borings to a depth of 15 feet below the existing grade. 5. Perform laboratory testing and geotechnical analysis of the collected data. 6. Prepare a geotechnical report presenting the findings and recommendations including: alignment and groundwater conditions; geologic hazards; sulfate potential on concrete; corrosivity; construction dewatering; temporary excavations; and temporary shoring. D. Construction Plans 1. 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, domestic water notes, abbreviations, legends, and contact information • Horizontal Control Plan • Typical Street Sections • Plan and Profile sheet — Newport Boulevard (3 sheets) • Plan and Profile sheet — Finley Avenue • Plan and Profile sheet — 32nd Street Pa09378-1300IWmjMgmt\Cornp\Final Design Revised Proposal text -5- TETRA' ECC CITY OF NEWPORT BEACH 4a Newport Boulevard Transmission Main Replacemonl (yla Oporto to 28'n Street) • Plan and Profile sheet — 29h Street and Alley between 280' and 29h Streets • Connection Details — 8 connection details (2 sheets) • Trench and Miscellaneous Details • Miscellaneous Pipe Details • Miscellaneous Appurtenances and Details (2 sheets) • Traffic Control Plans (16 sheets) • Detour Sheets — Finley, Finley alley, 29th Street and 28'h to 29h Alley (2 sheets) 2. All drawings and design specifications will be prepared in accordance with the City of Newport Beach "Design Criteria, Standard Special Provisions and Standard Drawings" and the Standard Specifications for Public Works Construction ("Green Book"). 3. Plans will be prepared in 2010 version of AutoCAD and using the City's drafting standards. Each plan sheet will be on City standard 24 -inch by 36 -inch bond sheet. E. 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 90 percent and final design completion levels. F. Project Schedule 1. Tetra Tech will prepare and update the project schedule throughout the course of the design. The schedule shall include the pre -design, design, bid and consiruction phases. 2. Tetra Tech will identify pipeline manufacturing and delivery times for all long -lead items. G. Submittals 1. Construction plans and specifications shall be submitted to the City for review at the 75- and 90 -percent completion level. Eight (8) full-size copies shall be provided for the submittal. 2. 90 Percent Design Review will include: Tetra Tech will submit, as a minimum, the final plans reflecting 75 percent 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 90 percent design review corrections, complete and bound special provisions, contract documents and any appendices, for final approval and plan signature by the City. 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, except for the traffic control plans. We have assumed that the traffic control plan review will take a minimum of three (3) weeks. PM9378-13001TrNMgm0CorrespT1na1 Design Revised Proposal we -6- T'E'TRA TEC} CITY OF NEWPORT BEACH Newport Boulevard Transmission Main Replacement (via Oporto to 28'" Street) Tetra Tech will preview each plan submittal with the City staff in a preview meeting. The Project Manager will attend the meeting for the City's approval to explain or answer any remaining questions. 6. Tetra Tech will submit the final electronic files to the City on two separate compact disks: 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. H. Team Meetings Schedule and lead status meetings with the City. Prepare meeting's agenda and provide meeting minutes and action items. For this proposal, we have assumed a total of six (6) meetings will be required. I. Addenda Preparation During the bidding period, Tetra Tech will provide information and answer questions. Tetra Tech will prepare two (2) addenda, if so requested by the City. J. Corrosivity Evaluation We have assumed that a corrosion evaluation is not part of our scope of work. During the discussion of the alternative pipe materials, the City and Tetra Tech will discuss the necessary details for corrosion protection of the selected pipe material. Tetra Tech can provide a scope and fee for the corrosion evaluation if desired by the City. Phase 3 — Construction Phase Services A. Project Meetings Tetra Tech will attend ten (10) project meetings of one (1) hour each during the construction period of the project and provide meeting minutes. B. Contractor's Requests for Information Tetra Tech will respond to approximately twenty (20) contractor requests for information for the project. C. Minor Plan Revisions Tetra Tech will provide forty (40) hours of staff time for minor plan revisions to the construction drawings for the project. D. Shop Drawing Review Tetra Tech will review forty (40) shop drawing submittals, assuming that we will be required to perform a second review of half of the shop drawing submittals for the project. r:\0937E-13001TmjMgmncortevpTi.II osig.Revl Noposalwt -7- TETRA CITY OF NEWPORT BEACH Newport Boulevard Transmission Main Replacement (Via Oporto to 28'h Street) E. Record Drawings Tetra Tech will prepare record drawings on 24 -inch by 36 -inch mylar for the title sheet and bond copies for the remaining sheets at construction completion using the contractor's and City Inspector's redlines for both the project. Final record drawing mylar and bond sheets, AutoCAD electronic files, and PDF files of the final as -built mylar and bond sheets will be submitted to the City at the completion of construction. CITY'S RESPONSIBILITIES 1. City will furnish all City plans and record drawings, geotechnical 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 appurtenant to the project. 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. 9. Payment of all fees for permits and applications. PROJECT SCHEDULE We have evaluated and considered our current and future work load and are committed to the following schedule. The Notice to Proceed will be receipt of the payment for the design. Notice to Proceed December 2, 2013 Preliminary Alignment Meeting December 19, 2013 75% Submittal January 9, 2014 Receive City comments January 22, 2014 90% Submittal February 13, 2014 Receive City comments February 26, 2014 Receive City Traffic comments March 5, 2014 Final Submittal March 20, 2014 P:to937&-13001tProJMgmncomptFina1 Design Revised Proposal text -8 - TETRA TECH EXHIBIT B SCHEDULE OF BILLING RATES Tetra Tech EC, Inc. Page B-1 CITY OF NEWPORT BEACH Newport Boulevard Transmission Main Replacement (Via Oporto to 28"i Street) Tetra Tech will perform this work for Amendment No. 1 on a "Time and Material" basis with the following "Not -to -Exceed" amount. Attached is our labor plan including the estimate of staff hours by job title required to complete each task in the scope of work. The following is a summary of our fee estimate: Phase 1 — Preliminary Design $ 8,600 Phase 2 — Final Design $ 109,400 Phase 3 — Construction Phase Services 34.40 Total Not -to -Exceed Amount $152,400 P:10318-13001TMJM6tanCortep\Final Oeslsn ReNsM Proposal text -9- TETRA 'TECH Cly of Neween Beach Newpon Blvd TM Replacement (Via OpOd0 to 281, Street) Fee Summery TaekO.Optioa 6cape of Sarvtova Project Maaa9gma0t lwwlnp QA 12 0 0 0 0 12 $3,561 80 $3,564 MeelinW(6) 4 B 0 0 0 12 82,500 6122 $2,89D Dela peeavl% WE, end S. Mepping 0 0 6 24 2 34 $4,236 Seo $4,300 Alignment AltemaliveceM Pipe Matadd 2 4 8 16 0 30 .$4.270 $22 54,390 Flneli4e Due Ma,smthtrv, 0 0 0 0 0 16 $2,W $3,700 55332 POW. 0 2 4 0 1 7 1960 $11,000 $11,960 Reoluhnicel lay.4,11an 0 2 4 0 1 7 $960 $1$660 $13.610 Tdle Sheeebewnd Shut 0 2 4 10 0 18 $2,090 $0 SZOIN, HcahOmah COMml enol$ImM extlom 0 0 4 18 0 20 $2,504 $0 v.se,: Plea and Pmille- Nelryon BNd(3) 2 8 16 30 0 u $7,384 Eo $7.04 Plan eM Pmtlla -Reley Ave. and May 0 2 6 12 0 20 $2,690 $0 $2.580 me am Pmiile-02nd Slrect 0 2 6 12 0 20 $2,598 $0 $2,598 Planaadpeotile-2tthmMAlhy 0 2 6 12 0 20 $2,598 $0 $2,69(1 OcnudlOa Dilate (2) 0 4 8 16 0 28 93,884 $0 $3,604 Tmneh ecd Mlev. Pip Battle (21 0 2 0 12 0 20 $2,598 50 52$99 MW. Apputmwuu Well. (2) 0 4 la 20 0 34 $4,440 $0 $4,440 Tre0b Cammt Pleu(18) 0 0 0 80 0 Be $91920 $16.00 $25,920 Delam Plane he 0 0 0 1D 0 10 $1,240 $9,OOe $3240 6peaificw1c. 6 20 4 0 0 38 $6,462 $0 $5,462 6uhmhhlseM Peocesting D 2 4 0 1 15 $Lou SO $1,962 Adde,Me PmpatmlOn 9 6 0 4 1 1a 32,190 $0 52,190 Pdcft.MRepmdealon 0 0 0 0 0 0 $0 $1.826 $1.626 PreIlMury aM Flnvl Dui6n 6eblohi2B '• 68 ;106 280': 14 "' 600 x..$70,010;if4]184 '16110,000.%'. ConaVueXon Ph.. SDMcu Pro(uh Maelin,(f0) 0 20 0 0 0 20 $3.300 $200 $3,500 C.ahamt0 RF6v(20) 4 30 10 0 0 4A 57,438 EO $7,430 Nolan ph. Awlsoce(401rouc) a 0 4 30 0 u ¢1.934 30 $I,g84 Shop Dmntn, Revlew(40) 0 40 6D 0 8 108 $15,060 $266 $15.340 R.4 O.Mop 0 0 4 t8 0 22 $2,752 $388 $1,138 ConnaplOn Phu9 S.Icecl 5 BO 1 76 60 _''6 2$2' ' W,634_ r .'C$888 TOTAL 32 ise I `184 -;944'" 20 .738 X5104,060 "$40,060 .6162,460 1114 \ \OpORTO 411)0 32ND STREET Attachment B PROJECT LOCATION - I I n 31 T STREET Q 30TH STREET L=71 29TH STR ET L 2a�\A S� Water Transmission Main Replacement CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Newport Blvd. — Via Oporto to 28th Street 11/26/13 PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. FOR NEWPORT BOULERVARD WATER MAIN REHAB THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and r ' entered into as of this 15th day of July, 2013 ("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 92614-6213, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide engineering services for the City's Newport Boulevard (Central Avenue to 19th Street) Transmission Pipeline Replacement Preliminary Design 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 December 31, 2013, 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 Thirty Six Thousand Six Hundred Dollars ($36,600.00), 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 Tetra Tech, Inc. Page 2 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 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. This Agreement will be administered by the Public Works. City's Senior Civil Engineer 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. Tetra Tech, Inc. Page 3 8.2 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 the highest professional standard. 8.3 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. 8,4 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"), which may arise under this Agreement or in any manner 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 Tetra Tech, Inc. Page 4 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 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 Tetra Tech, Inc. Page 5 power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. i. O :a 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 (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. Consultant shall, at Consultant's expense, provide such Documents 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 7etra Tech, Inc. Page 6 be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18, OPINION OF COST Any opinion of the construction cost prepared by consultant represents the consultant's judgment as a design professional and is supplied for the general guidance of City. Since consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement, All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and Tetra Tech, Inc. Page 7 activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25, CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third Tetra Tech, Inc. Page 8 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Andy Tran, Senior Civil Engineer Public Works 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. 17885 Von Karman Avenue, Suite 500 Irvine, CA 92614-6213 27. CLAIMS 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 of seq.). 28. TERMINATION 28.1 In the event that either provisions of this Agreement at the time deemed in default in the performance party fails or refuses to perform any of the and in the manner required, that party shall be 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. Tetra Tech, Inc. Page 9 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 anytime 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. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Tetra Tech, Inc. Page 10 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Tetra Tech, 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'p OFFICE Date: 3 /3 By:—"6( Aaron C. FFarp City Attorney ATTEST: 7• 2,Z• t3 Date: f By. Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 1-3- (3 By: David A. V ebb Public Works Director CONSULTANT: Tetra Tech, Inc., a Delaware corporation Date: 1-9-1 By: e/ Tom Epperso h P. E. Vice President Date: 7 - `/ BMy: e Tedesco, P.E. Senior Vice President [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements Tetra Tech, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES Tetra Tech, Inc. Page A-1 CITY OF NEWPORT BEACH rt Boulevard Transmission Pipeline Replacement Preliminary nesiir Members of the project team have performed an in-depth review of the project. We have also visited the project site and have discussed the project with the City. 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 Attend project kick-off meeting to review project scope, schedule, budget and work plan. B. Design Survey and Mapping The City will provide topography with 1 -foot contours for the limits of the project. 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 and replacement; and future projects. Prepare meeting minutes and distribute to all attendees for their concurrence. D. Utility Research 1. Contact 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. Maintain a complete record of all utility contacts and responses and copy all correspondence to the City. E. 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 utilities shown based on utility maps. 2. Provide exhibits and typical cross sections for each alternative alignment. 3. Prepare estimated construction costs for the open cut alternative. 4. Prepare a memorandum summarizing our findings. Five copies will be submitted. 5. Meet with the City to discuss the alignment alternatives. F. Pipe Rehabilitation Alternative 1. Review the existing pipeline alignment and assess the feasibility of utilizing a centrifugally applied cement mortar liner through the existing pipe, including: reaches to be lined, access K Markemg\Propo ], W7MTY2013IWr095`Sl .A Bch-Rnl -4- TETRA TECH CITY OF NEWPORT BEACH rt Soul+uvnrd Tarnsmission Plpellnn Rrnlacoment Prnliminnry Desion point locations, constructability, potable water service bypassing, traffic assessments and impacts to the public. 2. Provide exhibits for reaches to be lined and the access pit locations. 3. Prepare estimated construction costs for the pipe rehabilitation alternative. 4. Prepare a memorandum summarizing our findings. Five copies will be submitted. 5. Meet with the City to discuss the alignment alternatives. G. Pipe Material Evaluation 1. Evaluate several alternative pipe materials (i.e., C-905 PVC; HDPE, DIP; or CML&C steel pipe with cathodic protection). The evaluation will include the proposed bends, restraint joints, eta 2. Meet with the City to discuss the alternative pipe materials. H. Pre -Design Memorandum 1. Summarize the alignment alternatives, pipe rehabilitation alternative and pipe material evaluation in a memorandum. 2. Prepare estimate of construction costs for the open cut alternative and for the pipe rehabilitation alternative. 3. Submit five copies of the memorandum. 4. Prepare final pre -design memorandum responding to City comments. I. 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'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 topography with 1 -foot contours, survey records and easement information, as are available and appurtenant to the project. 3. City will furnish the design criteria, hydraulic data, geotechnical data and other technical information necessary to complete the design tasks. 4. City staff will be available to answer questions during all phases of the project and will facilitate coordination with the Operations staff. 5. 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. M: &h.Revl -5- TETRA TFCC CITY OF NEWPORT BEACH N .`wDort Boulevard Transmise on PlPOOQ Re+plao€.m, nt Preliminary Deslan 1 Yt Tetra Tech has assembled a Project Team that possesses the knowledge, experience and enthusiasm necessary to successfully complete the project. The Project Team is devoted to completing your project within schedule and under budget, and not only meet, but exceed your expectations. The following paragraphs summarize the qualifications of our key project staff. Project Manager: Mr. 'Tom Epperson, P.E. will be the Project Manager and will provide project oversight and ensure that the necessary resources are committed to Mr. Bush in order to get the job done. Mr. Epperson has over 32 years of experience and will provide his technical expertise as -needed to assist Mr. Bush and the design team in the areas of constructability review, specifications and as - needed project management support. Tom and Mark have been working together for 16 years on similar pipeline projects throughout Southern California and know how to design a large diameter pipeline for the City. Assistant Project Manager: Mr. Mark Bush, P.E. will provide the overall project direction and coordination, technical oversight, quality management and provide all day-to-day contact with the City staff. Mr. Bush has over 16 years of experience working on similar projects. Mr. Bush is the Project Manager of our past projects with the City: Recycled Water Retrofit of Bonita and Eastbluff Parks. In addition, Mark 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 & 3B Water Transmission Mains; Green Acres Intertie Project; and OCWD's Green Acres Newport Beach Pipeline Extension. Mr. Bush has also been involved in a number of similar pipeline projects as noted below: • Unit III Pipeline (Ground Water Replenishment System) for Orange County Water District • Barrier Pipelines (Ground Water Replenishment System) for Orange County Water District • West Basin Municipal Water District On -Call Recycled Water System Expansion Project • Replacement Pipeline for Seawater Barrier for Orange County Water District • City of Santa Ana On -Call Water Main Replacement Projects • City of Torrance Water Main Replacement Projects • Moulton Niguel Water District Pacific Park Pipelines Project Mr. Laurence Esguerra will be the Project Engineer. Mr. Esguerra has been working with Mark and Tom for over 10 years and has been involved in the following similar pipeline projects: • West Basin Municipal Water District On -Call Recycled Water System Expansion Project • City of Santa Ana On -Call Water Main Replacement Projects Irvine Desalter Raw Water Conveyance Pipeline for Irvine Ranch Water District Ohio Street and Oriente Drive Pipeline Replacement for Yorba Linda Water District Above key team members are young but seasoned and have designed over 80 miles of water/sewer/recycled water pipelines within Southern California during the last 15 years. Detailed resumes for all of the key personnel are available upon request. M:Markm;tis.oyo�t:�wrxs�rzot3�wTC9sLYesvpon din-R«•t -6- TETRA TECH CITY OF NEWPORT BEACH Nesrvp;trt Boulevr,rd Trn ns m is .i on Pif;nIina Re p l a cern not Prni imind ry Design Tetra Tech has reviewed the project scope of services and understands the importance of the schedule. We are very familiar with the project site and understand the purpose of the work and the extent of our efforts which will be necessary to complete the project. We have evaluated and considered our current and future work load and are committed to the following schedule: Notice to Proceed July 1, 2013 Submit Draft Pre -Design. Memorandum August 30, 2013 City Review Two weeks Submit Final Pre -Design Memorandum September 30, 3013 Attached is our labor plan including the estimate of staff hours by job title required to complete each task in the scope of work and an hourly rate schedule marked "Exhibit B". K Mukvi olPro sah W7R5�.Y20131WT49, Nmpw Sdr Re" -7- TETFi TECH EXHIBIT B SCHEDULE OF BILLING RATES Tetra Tech, Inc. Page B-1 to LA Y N f6 F m (5 u ' o a o v m a` � a o � � ab O N V $ < d N .i� �V a` _N to O � ` kk IV 7 N N u W X X iole�iziuiwptl yiafoid � 3 is ulisa°ptlJ iS w T iaau 10u3 a n, � V ° O v Z' ... 13-3 J v T: �aauilu3 laafwd ,aleuevy Ua(oid �5 ti ialeueN weiloid ut oo & N = N F°- a ry N � d sAed 3iory� � ti >J G ° 110 sAep j,.m C w bq 'in Q � � � � L V v 3 � L JJ c_ v N N o a m c ° O o 3 v t /� !CL , Z G C C � m G t L i 3 a '6 ai o a m o a �ox�=d�-gym ~ a m w Z£ rc? c m a ° B „ � a d O c TETRA TECH EXHIBIT B - SW 2013 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Project Management Construction Project Manager 1 $195.00 Construction Project Rep 1 $78.00 Project Manager 2 $207.00 Construction Project Rep 2 $85.00 Sr Project Manager $235.00 Sr Constr Project Rep 1 $100.00 Program Manager $297.00 Sr Constr Project Rep 2 $115.00 Principal in Charge $310.00 Construction Manager 1 $165.00 Construction Manager 2 $185.00 Engineers Construction Director $233.00 Engineering Technician $37.00 Engineer 1 $96.00 General & Administrative Engineer 2 $115.00 Project Assistant 1 $67.00 Engineer 3 $130.00 Project Assistant 2 $75.00 Project Engineer 1 $135.00 Project Administrator $95.00 Project Engineer 2 $165.00 Sr Project Administrator $110.00 Sr Engineer 1 $170.00 Graphic Artist $130.00 Sr Engineer 2 $175.00 Technical Writer 1 $97.00 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 1 $77.00 Planner 2 $115.00 Systems Analyst / Programmer 2 $115.00 Sr Planner 1 $125.00 Sr Sys Analyst / Programmer 1 $130.00 Sr Planner 2 $151.00 Sr Systems Analyst / Programmer 2 $196.00 Sr Planner 3 $175.00 Project Accounting Designers & Technicians Project Analyst 1 $90.00 CAD Technician 1 $65.00 Project Analyst 2 $114.00 CAD Technician 2 $75.00 Sr Project Analyst $155.00 CAD Technician 3 $90.00 CAD Designer $100.00 Reimbursable In -House Costs: Sr CAD Designer 1 $117.00 Photo Copies (B&W 8.5"x11") $ 0.15/Each Sr CAD Designer 2 $145.00 Photo Copies (B&W 11"x17') $ 0.40/Each CAD Director $150.00 Color Copies (up to 8.5"x11 ") $ 2.00/Each Survey Tech 1 $50.00 Color Copies (to 11 "x17") $ 3.00/Each Compact Discs $10/each Health & Safety Large format copies $0.40 S.F. H&S Administrator $95.00 Computer Usage: not to exceed $3.55/hour Sr H&S Administrator $115.00 Mileage -Company Vehicle $0.80/mile H&S Manager $145.00 Mileage-POV $0.55/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 subcontractor will be billed at cost plus 10%. NOTE: Rates subject to change annually. Exhibit A - SW 2013-revl.xlsx 1*01:1I1rr. 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 officers, agents, employees and volunteers. 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, one million dollars ($1,000,000) 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) with no endorsement or modification limiting the scope of coverage for liability assumed under a 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 Tetra Tech, Inc. Page C-1 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 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 elected or appointed officers, agents, officials, employees and volunteers 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 and its officers, officials, employees, and agents 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 Tetra Tech, Inc. Page C-2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Tetra Tech, Inc. Page C-3 iAC;>QR ® ia CERTIFICATE OF LIABILITY INSURANCE DATE(hFMoc`;WY) DTt,y2D, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AOn Risk insurance services West, Inc. g......_..___._...__. LOS An eles CA Office 707 Wi Ishire Boulevard SOTS 2600 CONTACT NAME. "" (NC"No. Exf: <&66} 283-7122 floto 600-}63-0105 E-MAIL ADDRESS: � �µ INSURER(B) AFFORDING COVERAGE PAID # LOS Angeles CA 90017-0460 USA INSURED INSURERA: National Union Fire ins CO of Pittsburgh 19445 Tetra Tech, Inc. (IWR) 17885 Von Karmen Ave. Ste. $00 INSURER 9; insurance Ce of the State of PA 19429 INSURERC: Lexington insurance Company 19437 Irvine CA 92614 USA INSURER D: Chartis specialty Insurance Company 26883 INSURER E: W INSURER F: COVERAGES CER WiCAIE NUMIBER: 570050729I22 rtGvlall 1Y IIIJWICER� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR TR TYPE tlP INSURANCE INq yyT,a POLICY NUMBER MI CIYYYY MMfDDfIYYY LIMITS GENERAL LIABILITY GL Jr�E RRENCE $2,000,060 X COMMERCIAL GENERAL LIABILITYR Ea oaurrento_jCLAIMS.MAOE $1,000,000 EX OCCUR nyone Parwn) $10,000 XX,QI}CPeee®a &ADV INJURYGGREGATE $4,000,000 GENI AGGREGATE LIMIT APPLIES PER -COMPxUP AGO $4,000,000 POLICVX PRO X LOC A AUTOMOBILE LIABILITY CA 510 1$ 2_012 10/01/2013 COMBINED SINGLE LIMIT ant $1,000,000 _ DODILY INJURY (Per person) X ANY AUTO BODILY INJURY (Per accDon0 ALLOW NEO SCHEDULED AUTOS AUTOS NON PROPERTY DAMAGEX -OWNED HIREDATOS X AUTOS er actidentt X ISOPvr,Fam CA C I X I UNBRELLAUND I X I OCCUR TH1200022 10/0112012 10/01/2013 EACH OCCURRENCE $1,000,000 E%CESS LIAB CLAIMS -MADE AGGREGATE $1,000,000 OED RETENTION B WORKERS COMPENSATION AND WC35896$ 10/01/2012 10/01/20 X WC STATUE- OTH. B EMPLOYERS'LIABILITY YIN wc35896542 10/01/201210/01/2013 TORY LIMITS F,g„ B ANY PROPTETOE I PARTNER t Exccunb_ N NIA wC35896543 10/01/2012 10/01/2013 E.L.EACH ACCIDENT $1,000,000 E1, INSEASE.EA EMPLOYEE $1,000,000 OFFICEMMEMBER EXCLUDED? tMandamryN NN) tt YesSCdescribe ped DERIPTION OF OPERATIONS below F1. DISEASE -POLICY LIMIT $1,000,000 D Contractor Prof COPS1952583 10/01/2012 10/01/2013 Each Clain $1,000,000 Prof/Poll Liab Agggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES fANaeh ACORD 101, AEdi9anal Remarks Schedule, if peen apace is required) RE: Project start [late: 07/10/2013, Project End Date: 09/30/2013, Job Description: Newport Boulevard water Main Rehab, City Of Newport Beach -Public works Dept. and its officers, officials, employees and agents are included as Additional insured in accordance with the policy provisions of the General Liability, Automobi e LiabilitI Umbrella Liability and Pollution Liability policies. General Liability, Automobile Liability and umbrella Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to City of Newport Beach -Public works Dept, and its officers, officials, employees and aggents, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of City}' of Newport Beac:Mublic works Dept., its officers, agents, employees and Volunteers in accordance with the policy provisions Df CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Newport Beach -Public works Dept. AUTHORRED REPRESENTATIVE Attn: Lucie Delorme, Administrative or 1768 IS4 Newport Beaort Ne CA 92658-8915 USA 4!, " ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000036654 "^1 ® LOC #: ADDITIONAL, REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk insurance Services west, Inc. NAInEO INSURED Tetra Tech, inc. (IWR) POUCYNUMBER See Certificate Number: 570050729122 CARRIER See Certificate Number: 570050729122 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 the General Liability, Automobile Liability, umbrella Liability and workers' Compensation policies, Should General Liability, Automobile Liability and workers' compensation policies be cancelled before the expiration date thereof, the policyprovisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions, stop Gap Coverage for the following states: on, ND, WA, WY, 02GOR AnoRn CORPGRAIGON. All rYnhte rn�e.ven The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/15/13 Date Completed: 7/16/13 Dept./Contact Received From: Sent to: Lucie Lucie By: Chris/Renee Company/Person required to have certificate: Tetra Tech, Inc. Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/12-10/1/13 A. INSURANCE COMPANY: National Union Fire Ins Co of Pittsburgh 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 (Must be $1M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes 0 No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes E] No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I, PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it Included? ® Yes [] No J. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? © Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes © No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/12-10/1/13 A. INSURANCE COMPANY: National Union Fire Ins Co of Pittsburgh 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? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A RYes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A © Yes 0 No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes © No DI 00RKERS'COMPENSATON EFFECT|VE0EXP|RfJ|QNDATE:10/1/12-10/1/13 A. INSURANCE COMPANY: Insurance Co of the State of PA B. AMBEST RATING (A':VII orgoeator): A C. ADMITTED Company (Must boCalifornia AdmiMed): ZYes FlNn D. VVORKE8S'COMPENS8T|ONLIMIT: Statutory NYes [7No E� EMPLOYERS' LIABILITY LIMIT (Must beDIyAurgreater) 1000080 F. WAIVER {)FSUBROGATION (To induda):|m|iincluded? ZYes F7Nn G, SIGNED VVORKERS'COMPENSAT|DNEXEMPTION FORM: [9N/A FlYes FlNn H. NOTICE DFCANCELLATION: El N/A ERYes ElNn ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY �N/A EJYes E]Nv \/ POLLUTION LIABILITY 0N/A FlYes EJ No \/ BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? 0 Yes E] No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/l8/]3 RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than ; Self Insured Retention or Deductible greater than $ El N/A El Yes El No Reason for Risk Management approval/exception/waiver: Risk Management Date