HomeMy WebLinkAboutC-4134(A) - PSA for Eastbluff Park and Bonita Creek Park Recycled Water Retrofits and Irrigation ImprovementsAMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
TETRA -TECH, INC. FOR EASTBLUFF AND BONITA CREEK PARKS
RECYCLED WATER RETROFIT AND IRRIGATION IMPROVEMENTS
THIS AMENDMENJ NJJ}Ht O. ONE TP PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of P 04014W , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and TETRA -TECH, INC., a
Delaware corporation whose address is 16241 Laguna Canyon Road, Suite 200, Irvine,
California 92618 ( "CONSULTANT'), and is made with reference to the following:
RECITALS:
A. On September 8, 2008, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for design
services for the Eastbluff and Bonita Creek Parks Recycled Water Retrofit and
Irrigation Improvements, hereinafter referred to as "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional
services not included in the AGREEMENT, to extend the term of the
AGREEMENT to December 31, 2010, and to increase the total compensation
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The tern of the AGREEMENT shall be extended to December 31, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. ONE including, but not limited to, all work set forth in the
Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
3. COMPENSATION
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 to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Sixty
Two Thousand, Seven Hundred Dollars and no/100 ($62,700.00) without prior
written authorization from City,
3.1 The 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 Twenty -Seven Thousand,
Seven Hundred Dollars and no/100 ($27,700.00), without prior written
authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
ONE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: Z/�Z X��
nette . B ap,
Assistant City Atto y
ATTEST:
B:
Y
Leilani I. Brown,
City Clerk p
i
�i
CITY OF,; N° E
A Munibiaal
Edward D. Selich,
Mayor
CONSULTANT:
Sr. vice President
BEACH,
TECH, INC.
chard A. Lemmon
By:
Steven M. Burdick,
Senior Vice President,
Corporate Controller
Attachment: Exhibit A — Additional Services to be Performed
2
EXHIBIT A
CITY OF NEWPORT BEACH
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REQUEST FOR APPROVAL OF ADDITIONAL SERVICES
The following correspondence summarizes our request for an increase in the budget authorization to
compensate us for the additional services that we have or will be required to perform during the
execution of the project.
Scope of Work
Bonita Creek Park: Summarized herein is the additional effort for Bonita Creek Park:
I. Add the design of a master valve with pressure reducing capabilities and precast concrete vault.
'The pressure reducing valve and vault were deleted and the design of the master valve vault was
added as Detail 1 on Sheet 5 of the drawing set. This change was requested by the Utilities
Department and Parks Department.
2. The original proposal effort assumed a concrete pad for the swivel ell design. Due to the location
of the proposed swivel ell, retaining walls were required to locate the concrete pad within an
existing slope. Additional design efforts were required for these retaining walls.
3. The City has requested that the existing irrigation system be redesigned around the proposed
swivel ell pad and roaster valve vault. Dave Pagano with d.d. Pagano will perform this work. This
will require a field meeting with the Parks Department to review the existing irrigation system and
identify the existing sprinkler heads. The irrigation modifications will be added to the site plan
shown on Sheet 4.
4. The City has requested that the construction notes on Sheets 3, 4 and 5 be re- numbered so that
they are sequential with no duplicates.
F,astbluff Park: Summarized herein is the additional effort for Eastbluff Park:
L The City has requested that the existing irrigation system be redesigned to accommodate the home
run fence on the baseball field. d.d. Pagano will perform this work and will provide laterals and
heads on each side of the fence.
2. The City has requested that the construction notes on Sheets 3, 4, 5 and G be re- numbered so that
they are sequential with no duplicates.
General Items of Work
Our original proposal assumed three meetings with the City to discuss and review the project. To date
we attendcd seven (7) meetings and anticipate at least one more review meeting prior to completing
the bid ready plans. We are requesting the City give consideration to the additional time and effort
spent for the additional five meetings.
Tusk: Construction Services
A. Pre - Construction Phase:
I. Respond to bidder's questions during the bid advertisement period and assist in preparation of
addendums, when required. For this effort, we have assumed the preparation of two
addendurns.
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CITY OF NEWPORT BEACH
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2. Attend the pre -bid construction meeting to respond to questions from Contractors. The
meeting will be attended by both Tetra Tech and Dave Pagano.
B. Construction Support Services:
1. Provide shop drawing review of all shop drawing submittals. For this proposal, we have
assumed a total of thirty (30) shop drawings will be required for the project. We have included
within the budget a second review of each shop drawing submittal.
2. Respond to Requests for Information (RFIs). We have assumed five (5) RFIs.
3. d.d, Pagano will provide field observation, shop drawing review, preparation of punch list and
attend irrigation cotisrruction meetings. We have assumed 40 hours for this work.
Summary
We are requesting our budget authorization be increased by $27,71x1. The revised authorization budget
for this project will be increased from $35,000 to $62,700.
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE
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COVERAGE AFFORDED BV THE POIICIES BELOW.
LOS Angeles CA 90017 -0460 USA
INSURERS AFFORDING COVERAGE
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PHONE. 866 283 -7122 FAX-(947) 953 -5390
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Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
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Irvine CA 92618 USA
$1,000,000
INSURFAD Lexington insurance Company
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COVERAGES SIR applies per terms and conditions of the policy
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFRI00 WINCATED NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUNIENI WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, TICE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LXCIAASIONS AND CONDITIONS OF SUCH POLICIES -
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DESCRIPTION OF ADOFD BY ENOOILSObNPMECIAL PROVLt10149
Proect start Date: 29th July 2008 Project End Date: 31St December 2009. Project: #134- 09378- 08002A. Job: East
elu f and Bonita Creek Parks RecyCied water Retrofi t. City of Newport Reach, its elected or appointed officers,
officials, employees, agents and volunteers are included as Additional Insured with respect to General Liability
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City of Neaport Beach
SHOLID ANY OFHR: ABOVE DESCRIBED POLICIES BE CANCELLED BEPaRe THE E%PIRAFION
Attn: Joan Ackerman
DAIS THEREOF. THE ISSUING INSURER WILL ENDEAVOR IO MALL
Utilities Department
30 DAYS WRITTEN HDTTLE TO THE CERTIFICATE HIRDER N To TIfE LEE.
P.O. Box 1768
BUT FAILURE To DO SO Si 04POSE NO OBLIGATION DR LIABILITY
Newport Beach CA 92663 USA
Of ANY RIND UPON THE INSRER IISAGENISOR REPRESENTAITE
AUTHORIZED 1UPRESENTATTVE 154 EP TAiW1•rr aJwR,y �iI(�iRa
ACORD 2S (2009AI) 01988-2009 ACORD CORPORATION. All rights
The ACORD same and logo an registered tro ris of ACORD
Attachment to ACORD Certiflcate for Tetra Tech, Inc. (156)
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the wvssage
afloded by the insurer(s). This attachment does not contain all lams, conditions, coverages or exclusions contained in the policy.
nBURtD
Tetra Tech, Inc. (IN)
16141 Laguna Canyon Rd.
Irvine CA 51618 USA
ADDITIONAL POLICIES
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and Auto Liability policies. The insurance is Primary and non- Contributory. waiver of subrogation
applies with respect to General Liability, Auto Liability and workers compensation policies. Stop trap
Coverage for the following states: on, wA, Rv. see Attached 8ndt. with n0.100983 U /09) and WC 04 03 61.
Certificate No: 570036552797
MURED
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT
This endorsement, effective 12:01 A.M. forms a part
Of Policy No. GL4376293 issued to city of Newport Beach, its elected or appointed officers,
officials, employees, agents and volunteers
by: National Union Fire ins co of Pittsburgh
This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY
COVERAGE FORM coverage afforded under this endorsement does not apply to any person or
organization covered as an additional insured on any other endorsement now, or hereafter
attached to this coverage Part.
I. ADDITIONAL INSUREDS
Section II - WHO IS AN INSURED, 1. is amended to include as an insured any person or
organization described in paragraphs A through I below, whom you are required to add as an
additional insured under a written Contract or agreement. The written contract or agreement
must be: 1. currently in effect or becoming effective during the term of this policy; and 2.
Executed prior to " bodily injury property damage, " or " personal injury and advertising
injury
A. BY CONTRACT
Any person or organization to whom you become obligated to include as an additional insured
under this policy, as a result of any contract or agreement you enter into which requires you
to furnish insurance to that person or organization of the type provided by this policy, but
only with respect to liability arising out of your operations or premises owned by or rented to
you. However, the insurance provided will not exceed the lesser of: 1. The coverage and /or
limits of this policy, or 2. The coverage and /or limits required by said contract or agreement.
100983 (2/09) Page 1
Certificate No : 570036552797
MURto
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 2
B. CONTROLLING INTEREST
1. Any person or organization having a greater than a 50% interest in you, but only with
respect to their liability arising out of: a. Their financial control of you; or b. Premises
they own, maintain or control while you lease these premises.
2. The insurance afforded to these additional insureds under Paragraph I.B.Idoes not apply to
structural alterations, new construction or demolition operations performed by or for that
person or organization.
C. CO -OWNER OR INSURED PREMISES
A co -owner of insured premises co -owned by you and covered by this insurance but only with
respect to their liability as co -owner of the premises.
0. LESSOR OF LEASED EQUIPMENT
1. Any person or organization from whom you lease equipment, but only with respect to liability
for bodily injury", property damage" or "personal and advertising injury" caused, in whole or
in part, by your maintenance, operation or use of such equipment leased to you by such
persons) or organization(s).
2. with respect to the insurance afforded to these additional insureds under Paragraph I.D.1,
this insurance does not apply to any "occurrence" which takes place: a) after the equipment
lease expires, or b) after the equipment is returned or no longer in your possession, whichever
takes place later.
E. MANAGERS OR LESSORS OF PREMISES
Managers or Lessors of premises but only with respect to liability arising out of the
ownership, maintenance or use of that part of the premises leased to you and subject to the
following additional exclusions: This insurance under this paragraph does not apply to: 1. Any
"occurrence" which takes place after you cease to be a tenant in that premises.
100983 (2/09) Page 2
Certificate No : 570036552797
RISLRED
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 3
2. Structural alterations, new construction or demolition operations performed by or on behalf
of such Managers or Lessors.
F. MORTGAGEE, ASSIGNEE, OR RECEIVER
1. A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee,
assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by
ou.
The insurance afforded to the additional insureds under Paragraph I.F.1 does not apply to
structural alterations, new construction or demolition operations performed by or for that
mortgagee, assignee, or receiver.
G. OWNERS. LESSEES. OR CONTRACTORS - COMPLETED OPERATIONS
(1) Any Owner, Lessee or Contractor but only with respect to liability arising out of n your
work ' performed for that additional insured and included in the " products - completed
operations hazard " .
N. OWNERS, LESSEES, OR CONTRACTORS - ONGOING OPERATIONS
Any Owners, Lessees, or Contractors, but only with respect to liability arising out of your
ongoing operations Performed for that additional insured. This insurance does not apply to "
bodily injury " or property damage " occurring after:
(1) all work, including materials, parts or equipment furnished in connection with such work,
on the project (other than service, maintenance or repairs) to be performed by or on behalf of
the additional insured(s) has been completed; or,
(2) that portion of " your work " out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
I.STATE OR POLITICAL SUBDIVISION - PERMITS
Any State or Political subdivision, subject to the following provisions: 1.
This insurance applies only with respect to operations performed by you or on your behalf for
100983 (2/09) Page 3
Certificate No : 570036552797
MNSURED
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 4
which the state or political subdivision has issued a permit. 2. This insurance does not apply
to:
a. "Bodily injury," "property damage" or" personal and advertising injury' arising out of
operations performed for the state or municipality or
b. "Bodily injury" or "property damage" included within the "products- completed operations
hazard ".
II PRIMARY INSURANCE - ADDITIONAL INSUREDS
where persons or organizations have been added to your policy as additional insureds to comply
with insurance requirements of written contracts mandating primary coverage for such additional
insureds relative to:
a) the performance of your ongoing operations for the additional insureds; or
b) " your work performed for the additional insureds and included in the " products -
completed operations hazard, then with respect to these additional insureds as defined above in
this Section only, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. - Other
Insurance, a. - Primary Insurance , is deleted in its entirety and replaced with the following:
This insurance is primary over any similar insurance available to any person or organization we
have added to this policy as an additional insured to comply with insurance requirements of
written contracts mandating primary coverage for such additional insureds relative to (a) the
performance of your ongoing operations for the additional insureds, or (b your work
Merformed for the additional insureds and included in the products - completed operations
ard. however, this insurance is primary over any other similar insurance only if the
additional insured is designated as a Waned insured of the other similar insurance. we will not
require contribution of limits from the other similar insurance if the insurance afforded is
pri mary.
100983 (2/09) Page 4
Certilkafe No : 570036552797
MURe0
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 5
III INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE
SECTION II - WHO IS AN INSURED, 2. a. (1) (d) is deleted in its entirety and replaced with the
following:
(d) Arising out of his or her providing or failing to Qrovide professional health care
services, except for " bodily injury ' arising out of Incidental Medical Malpractice Injury"
by any physician, dentist, nurse or other medical practitioner employed or retained by you
unless such " bodily injury " is covered by another primar policy. HoweVer, the insurance
provided hereunder to such persons will not apply to liability arising out of services
performed outside of the scope of their duties as your " employees. ' Any series of continuous,
repeated or related acts will be treated as the occurrence of a single negligent professional
healthcare service, which will be assignable to the same policy and policy year in which the
originating act occurred.
SECTION V - DEFINITIONS - is amended to add:
"Incidental Medical Malpractice injury" means "Bodily injury" arising out of the rendering of
or failure to render the following services:
a. medical, surgical, dental x -ray or nursing service or treatment or the furnishing of food
or beverages in connection therewith; or
b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.
The coverage provided by this endorsement does not apply to you or any insured if you are
engaged in the business or occupation of providing any of the services described in the
definition of "Incidental Medical Malpractice injury".
rV. JOINT VENTURES / PARTNERSHIPS / LIMITED LIABILITY COMPANIES The paragraph under SECTION II
- WHO IS AN INSURED which states:
No person or organization is an insured with respect to the conduct of any current or past
partnership, joint venture or limited liability company that is not shown as a Named insured in
the Declarations. is hereby deleted and replaced with the following:
100983 (2/09) Page 5
Certificate No : 570036552797
WSURED
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 6
No person or organization, other than you, is an insured with respect to the conduct of any
current or past partnership, joint venture or limited liability company that is not shown as a
med in in the Declarations.
Coverage under this policy, however, will not apply:
a. Prior to the termination date of any joint venture, partnership or limited liability
company- or
b. if here is valid and collectible insurance purchased specifically to insure the
partnership, joint venture or limited liability company.
V. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ,
Paragraph 1.6 , is deleted in its entirety and replaced with the following:
b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which the Bodily injury Liability Coverage applies. we
do not have to furnish these bonds.
VI. LIBERALIZATION CLAUSE
If we revise or replace our standard policy form to provide More coverage your policy will
automatically provide the additional coverage as of the day the revision Is effective in your
state.
VII. UNINTENTIONAL ERRORS AND OMISSIONS SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS,
6. - Representations is amended by adding:
d. The unintentional failure by you or any Insured to provide accurate and complete rwnmaterial
representations as of the inception of the policy will not prejudice the coverages afforded by
this policy.
100983 (2/09)
VIII. AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 2. - Duties in the Event of Occurrence,
Offense, Claim or suit, a. is hereby deleted and replaced with the following:
a. You must see to it that we are notified as soon as practicable of any 'occurrence"
100983 (2/09) Page 6
Cerlificale No : 570036552797
MURED
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 7
B. or an offense, which may result in a claim. Knowledge of an "occurrence" or an offense by
your agent your servant, or your employee will not in
itself constitute knowledge to y unless the Director of Risk Management (or one with similar
or equivalent title) or his /her designee will have received such notice. To the extent possible
notice should include:
((1) Now, when and where the "occurrence" or offense took place;
<2) The names and addresses of any injured persons and witnesses; and
C3 The nature and location of any injury or damage arising out of the "occurrence" or offense.
IX. AMENDMENT OF EXPECTED OR INTENDED INJURY EXCLUSION
SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. -
Exclusions, a. - Expected or Intended Injury is deleted and replaced by the following:
a Bodily injury " or " property damage expected or intended from the standpoint of the
insured. This exclusion does not apply to bodily injury " or " property damage " resulting
from the use of reasonable force to protect persons or property. x.
CONTRACTUAL LIABILITY - RAILROADS
Only with respect to (i) operations performed within 50 feet of railroad property and (ii) for
which a Railroad Protective Liability Policy in the name of the railroad has been provided,
then
A. SECTION V - DEFINITIONS, Paragraph 9, is deleted in its entirety and replaced with the
following:
9. Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of
premises that indemnifies any person or organization for damage by fire to premises while
rented to you or temporarily occupied by you with permission of the owner is not an "insured
contract ";
b. A sidetrack agreement;
c. Any easement or license agreement•
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection
with work for a municipality;
100983 (2/09) Page 7
Certifleale No : 570036552797
Mum
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 8
e. An elevator maintenance agreement;
f. That part of any other Contract or agreement pertaining to your business (including an
indemnification of a municipality in connection with work performed for a municipality) under
which zou assume the tort liability of .another party to pay for "bodily injury or "propperty
damage to a third person or organization. Tort liability means a liability that would be
imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1 That That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a Preparing, approving or failing to prepare or approve maps, shop drawings, opinions,
reports surveys, field orders, change orders or drawings and specifications* or
(b) Giving directions or instructions, or failing to give them, if that is tAe primary cause of
the in]'ury or d or
(2) Under wbich the insured, if an architect, engineer or surveyor, assumes liability for an
injury or damage arising out of the insured's rendering or failure to render professional
services, including those listed in Paragraph (1) above and supervisory, inspection,
architectural or engineering activities; and
B. SECTION IV - COMMERCIAL GENERAL LIABILM CONDITIONS, 4. - other Insurance, b. EXcess
Insurance, (1) (a) is amended to include the following:
(v) That is a Railroad Protective Insurance Policy or similar coverage.
XI. COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO- EMPLOYEE INJURIES
SECTION II - M10 IS AN INSURED, 2.a. (1), (a) and (b) are clarified to hold that:
Your supervisory or managerial " employees " are insureds for " bodily injury " to " co-
employees " while in the course of their employment or performing duCyes related to the conduct
0f your business if claims or suits arise out of liability assumed by an insured
100983 (2/09) Page 8
CerdrM to No: 570036552797
M v
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 9
under an " insured contract " as provided by SECTION I - COVERAGES, COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, e. Employer s Liability.
XII. WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. - Transfer of Rights of Recovery
Against others To Us, is amended by the addition of the following:
we waive any right of recovery we may have against any person or organization pursuant to
applicable written contract or agreement you enter into because of payments we make for injury
or damage arising out of your ongoing operations or "your work" done under a contract with that
person or organization and included in the "products - completed operations hazard ".
XIII. AMENDMENT OF OTHER INSURANCE
A SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b. - Excess
Insurance, (1), is amended to include the following:
This insurance shall not be excess where (i) such other insurance is specifically purchased to
apply as excess of this policy, or (ii) i
where you are obligated by contract to provide primary
insurance to an additional insured, uniess there s other additional insurance coverage
available to that additional insured.
B SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b. - Excess
insurance, (2), is deleted in its entirety and replaced with the following:
when this insurance is excess, we will have no duty under Coverages A or B to defend any claim
or "suit" that any other insurer has a duty to defend. If no other
100983 (2109) Page 9
CertiOnte No : 570036552797
WsVREo
Tetra Tech, Inc. (ISG)
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
100983 (2/09) Page 10
insurer defends, we will undertake to do so, but we will be entitled to the insured's rights
against all those other insurers.
XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT
A. For all sums which the insured becomes legally obligated to pay as damages caused by
"occurrences" under COVERAGE A (SECTION I ), offense under COVERAGE 8 (SECTION 1) and for all
medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed
only to ongoing operations at a single designated construction project:
1. A separate Per Construction Project General Aggregate Limit applies to each construction
pro ? ect, and that limit is equal to the amount of the General Aggregate Limit shown in the
Declarations.
2. The Per Construction Project General A gregate Limit is the most we will pay for the sum of
Si) all damages under COVERAGE A. except damages because of bodily injury" or "property
amage" included in the "products - completed operations hazard ", (ii) all damages under COVERAGE
R and (iii) all medical expenses under COVERAGE C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits ".
3. Any payments made under COVERAGE A or a for damages or under COVERAGE C for medical expenses
shall reduce the Per Construction Project General Aggregate Limit for that construction
project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations
nor shall they reduce any other Per Construction Project General Aggregate Limit for any other
construction project covered under this policy.
4. The limits shown in the Declarations for Each occurrence, Fire Damage and Medical Expense
continue to apply. However, instead of being subject to the General Aggregate Limit shown in
the Declarations, such limits will be subject to the applicable Per Construction Project
General Aggregate Limit.
100983 (2/09) Page 10
Certificate No : 57DO36552797
My
Tetra Tech, Inc. (I5G)
16241 Laguna Canyon Rd,
Irvine CA 92618 uSA
100983 (2/09) Page 11
Construction Project General Aggregate Limit.
B. For all suns which the insured becomes legally obligated to pay as damages caused by
Occurrences" under COVERAGE A (SECTION I ), offenses under COVERAGE B (SECTION 1 and for all
medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed
only to ongoing operations at a single construction project:
1 . Any payments made under COVERAGE A or 8 for damages or under COVERAGE c for medical
expenses shall reduce the amount available under the General Aggregate Limit or the
Products - completed Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Construction Project General Aggregate Limit.
C. when coverage for liability arising out of the "Products -conpl eted operations hazard" is
provided, any payments for damages because of "bodily injury " or "property damage" included in
the "products - completed operations hazard" will reduce the Products - Completed Operations
Aggregate Limit, and not reduce the General Aggregate Limit nor the construction Project
General Aggregate Limit.
D. if the applicable construction project has been abandoned delayed, or abandoned and then
restarted, or if the authorized contracting Parties deviate from plans blueprints, designs,
specifications or timetables, the project will still be deemed to be tie same construction
project.
E. The provisions of Limits of insurance (SECTION III ) not otherwise modified by this
endorsement shall Continue to apply as stipulated.
100983 (2/09) Page 11
Ceniiicaie No : 570036552797
rslR
Tetra Tech, Inc. (ISG)
16241 Laguna canyon Rd.
irvine CA 92618 USA
WC 04 03 61
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA
This endorsement charges the policy to which it is attached effective on the inception date of
the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is
issued and subsequent to preparation of the policy.)
This endorsement, effective 12:01 AM
Forms a part of Policy No.
Issued to
By
we have a right to recover our payments from anyone liable for an injury covered by this
policy. we will not enforce our r ght against any person or organization with whom you have a
written contract that requires you to obtain this agreement from us, as regards any work you
perform for such person or organization.
The additional premium for this endorsement shall be % of the total estimated workers
compensation premium for this policy.
Countersigned by
WC O4 03 61
(Ed. 11 -90)
Certificate No; 570036552797
Professional Services Agreement with
Tetra -Tech, Inc.,
for Eastbluff and Bonita Creek Parks
Recycled Water Retrofit and Irrigation Improvements
THIS AGREEMENT is made and entered into as of this 11— day o
2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and TETRA -TECH, INC., a Delaware corporation, whose address is 16241
Laguna Canyon Road, Suite 200, Irvine, California, 92618 ( "Consultant'), 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 is planning to construct reclaimed water irrigation improvements at Bonita
Creek and Eastbluff Parks.
C. City desires to engage Consultant to design services to develop plans and
specifications for the improvements ('Project').
D. Consultant possesses the skill, experience, ability, background, certification, and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Tom
Epperson, P.E.
F. 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 above written date, and shall
terminate on the 31 st day of December 2009, 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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
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 -Five Thousand Dollars and no /100 ($35,000.00) without prior
written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.1 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) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
2
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
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 MARK BUSH 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.
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Michael J. Sinacori, P.E., shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
3
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with 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
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, acts of God, or the failure of City to
furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
N
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, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
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
attorney's 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. 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 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.
5
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his /her employees in accordance with the laws of the
State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
I
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
7
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
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 cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
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.
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
I
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City `As- Built'
drawings, and a copy of digital ACAD and tiff image 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. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
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 authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
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 contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. 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 his /her 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.
24. 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 paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The 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.
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
10
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Michael J. Sinacori, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3342
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Mark Bush
Tetra -Tech, Inc.
16241 Laguna Canyon Road, Suite 200
Irvine, CA 92618
Phone: 949 - 727 -7099
Fax: 949 - 727 -7097
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
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
11
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
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.
12
36. 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.
37. 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 or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
^-1 C ` „_
Aaron Harp, City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BE
A Municipal Corporation
0
'Homer Blud�K City Manager
for the City of Newport Beach
TETRA -TE , I
By:
(Corporate Officer)
President
Print Name: Sam W. Box
Q
(Financial Officer)
Sr. V. P., Corporate Controller
Print Name: Steven M. Burdick
Please Note: Corporations must complete and sign both places
above even if each office is held by the same individual.
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F: \UserslPBW\Shared\AgreementslFY 08- 09 \Tetre- Tech- Eastbluff- Bonita - Creek - Parks.doc
13
TETRA TECH, INC.
June 26, 2008
Mr. Michael M. Sinacori, P.E.
Assistant City Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Reference; Revised Proposal to Update Eastbluff and Bonita Creek Parks
Recycled Water Retrofit and Irrigation Improvements
Dear Mr. Sinacori:
Exhibit A
In May 2000, Tetra Tech, Inc. (previously called ASL Consulting Engineers) completed plans and
specifications for the Eastbluff and Bonita Creek Parks Reclaimed Water Retrofit and Irrigation
Improvements project. However, the construction bids came in higher than the approved budget so the
project was not constructed. The City now desires to update these plans and re -bid the project. The City
of Newport Beach reviewed the previously prepared plans and specifications and provided comments to
Tetra Tech. In addition, the City has requested several minor changes to the plans as well. A meeting
was held on June 23, 2008 to further clarify the required changes. Based on this information, Tetra Tech
is pleased to submit the following revised proposal.
SUMMARY OF CHANGES
The following is a summary of the major changes to the plans:
1. Field walk the sites to update the base maps.
2. Provide strainers at each of the meters.
3. Provide swivel ell's at both sites.
4. Update the plans and specifications to account for the current standards including referencing
recycled water in lieu of reclaimed water.
5. The City's requested change of certain irrigation products results in different flow demands and
irrigation run times. Irrigation run times will be changed in such a manner that the irrigation system
as currently designed will not fit within the required water window required for recycled water. Also
sprinkler flow demands will change which also means that irrigation pipe sizes and valve sizes may
also change for optimum design of the irrigation system based on the City's requested equipment
change. Based on the June 23 meeting, the small spray heads will remain as originally designed in
order to minimize some of the redesign effort. The new design will incorporate the latest water
conserving irrigation equipment available today.
16241 Laguna Canyon Road, Suite 200. Irvine, CA 92618
Tel 949.727.7099 Fax 949.727.7097
www.tctratech.com
TETRA TECH, INC.
Mr. Michael J. Sinacori, P.E.
June 26, 2008
Page 2
SCOPE OF WORK
Bonita Creek Park
1. Field walk site to update base maps.
2. Revise Site Plan (Sheet 3 of 13) to show planter irrigation (as information is available), reference
swivel ell, and update minor changes.
3. Revise Bonita Creek Park Service Improvements (Sheet 4 of 13) to include the swivel ell details and
move the 2 -inch RW service at Vista Del Sol and valve box cover and riser detail to new detail sheet.
Eastbluff Park and Vista Del Sol Median
1. Field walk site to update base maps.
1 Revise Site Plan (Sheet 5 of 13) to reference swivel ell, and update minor changes.
3. Revise Eastbluff Park Service Improvements (Sheet 6 of 13) to reference swivel ell detail.
4. Add new Detail Sheet which will include swivel ell details at Eastbluff Park, the updated 2" RW
service (relocated from Sheet 2 of 13), the updated 2" RW service at Vista Del Sol (relocated from
Sheet 4 of 13), the relocated RW valve box cover and riser, and miscellaneous new recycled water
details to meet current standards.
5. d.d. Pagano, Inc. will meet with the City to review current irrigation design and establish irrigation
design criteria for new irrigation design. Work with City to establish areas requiring special
treatments. Pagano will review recycled water irrigation mainline POC's size, available pressure and
flows. Update the irrigation construction plans including heads, pipe, valves and related equipment.
Attend one additional meeting during the construction document phase.
General Items of Work
1. Update the Title Sheet (Sheet 1 of 13) and Retrofit Notes and Legend (Sheet 2 of 13).
2. Update the Project Specifications.
3. The City of Newport Beach will be responsible to process the plans with California Department of
Public Health.
4. Process plans and specifications with City, including three meetings.
TETRA TECH, INC.
Mr. Michael J. Sinacori, P.E.
June 26, 2008
Page 3
SUMMARY
Tetra Tech, Inc. will provide the engineering services described in the above Scope of Work on an hourly
basis with the following not-to-exceed amount:
rem NoY3 W�W
Bonita Creek Park
1 —3
1 Revise Construction Plans
$ 5,700
Eastbluff and Vista Del Sol Median
1-4
Revise Construction Plans
$ 5,480
5
Revise Irrigation Plans
$14,020
General Items
1-2
Update Plans and Specifications
$ 4,400
3
Process Plans with CDPH
$ 0
4
Process PS&E with City (including meetings)
$ �5400
Total
$35,000
We have included herewith our estimated person-hours and a copy of our current Hourly Rate Schedule,
Please call if you have any questions or want to discuss the proposal.
Tom Epperson,��
Divisional Vice President
TLE/eg
M:Warketing\Proposals\WTRS\2008\1 03\1tr rev I.doc
Attachment
Exhibit B
City of Newport Beach
Update Eastioluff and Bonita Creek Parks RVV Retrofit and Irrigation Improvements
Fee Summary
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70
EXIHBIT 15
2008
HOURLY CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
Professional
Engineering Intern/Technician/Assistant ... $
Project Administrator .. ............................... $
Designer /CAD Operator /Engineer I........... $
Engineer II and III /Senior Designer ........- $
Biologist...................... ............................. - $
Planner........................ ............................... $
Senior Engineer /Landscape Architect........ $
Project Engineer /Project Coordinator........ $
58.00
80.00
105.00
120.00
120.00
120.00
130.00
150.00
Senior Planner ............. ...............................
$ 160.00
Senior Scientist ........... ...............................
$ 160.00
Project Manager /Sr. Project Coordinator...
$ 185.00
Senior Project Manager ..............................
$ 255.00
Program Director/Project Director .............
$ 265.00
Administrative
Administrative Clerk ... ............................... $ 65.00
Word Processor /Admin. Support ............... $ 80.00
Graphic Designer ........ ............................... $ 110.00
Reimbursable In -House Costs
Photo Copies (B &W 8.5 "xlt ")......
$ 0.15 /Each
Photo Copies (B &W 11 "x17 ").......
$ 0.40 /Each
Color Copies (up to 8.5 "x11 ") ........
$ 2.00/Each
Color Copies (to I Vx17 ") ..............
$ 3.00 /Each
Computer Usage .............................
$ 2.10 /Hour
Survey/Mapping
Survey Technician L.,
$ 105.00
Survey Technician II/Field Supervisor.......
$ 120.0 0
Senior Surveyor .......... ...............................
$ 140.00
Project Surveyor . ......... ...............................
$ 160.00
Two- Person Survey Party ..........................
$ 225.00
Two - Person Survey Parry with GPS ..........
$ 270.00
Three- Person Survey Party ........................
$ 315.00
Survey Travel Time (Two - person) .............
$ 105.00
Survey Travel Time (Three- person) ...........
$ 150.00
Construction Management
Construction Observer I .............................
$ 94.00
Construction Observer II ............................
$ 103.00
Senior Construction Observer ....................
$ 125.00
Resident Engineer ....... ...............................
$ 155.00
Construction Manager . ...............................
$ 175.00
Compact Discs . ...............................
$10.00 /Each
Large Format Copies .....................
$ 0.40 /S.F.
Mileage ............ ...............................
$0.48 /Mile
*current IRS POV Mileage Rate subject to change
Company Vehicles ..........................
$8.001IIour
Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing
and any other services performed by subcontractor, will be billed at cost plus 15 %.
roe rom Oc o tiated increa
° ntracts extendin
M:\Marketing\Proposals \W TRS \2008 \103 \rxhibirA- 2008.ds
ACORD,a
DATE(MM/DD/YYYY)-
07/31/2008
exonucex
Aon Risk Insurance Services West, Inc.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
fka Aon Risk services, Inc. of 5 CA
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
707 Wilshire Boulevard
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
Suite 2600
COVERAGE AFFORDED BY THE POLICIES BELOW.
Los Angeles CA 90017 -0460 USA
INSURERS AFFORDING COVERAGE
NA[C #
PHONE 866 283 -7122 FAX-(847) 953 -5390
INSURE)
INSURER A: ACE American Insurance Company
22667
Tetra Tech ISG
16241 Laguna Canyon Rd.
INSURER B: American International Specialty Lines
26883
INSURER C:
Irvine CA 92618 USA
INSURERD:
INSURER E:
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.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LIMITS SHOWN ARE AS REQUESTED
INSR
LTR
NIMPT
INS
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MM\DD \YY)
POLICY EXPIRATION
DATE(MhRDD\YY)
LIMITS
A
GENER,w LIABILITY
H60G23734825
10/01/07
10/01/08
EACH OCCURRENCE
$1,000,000
DAMAGETO RENTED
$1,000,000
COMMERCIALGENERAL LIABILITY
CLABMSMADE ® OCCUR
NX
PREMISES (E.One
PAID
REDEES(Ea oneperson
person)
X,C,U coverage
0
PERSONAL& ADV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGO
$2,000,000
❑ POLICY ® ❑ LOC
IPRO-
A
AUTOMOBILE
LIABILITY
ISAH08238431
10/01/07
10/01/08
COMBINED SINGLE LIMIT
X
ANY AUTO
(Ea acciden0
$1,000,000
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
( Per person)
)(
HIRED AUTOS
BODILY INJURY
X
NON OWNED AUTOS
(Peracciden)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
ANY AUTO
OTHER THAN EA ACC
H
AUTO ONLY:
AGO
EXCESS /UMBRELLA LIABILITY
EACH OCCURRENCE
❑ OCCUR ❑ CLAIMS MADE
AGGREGATE
BDEDUCTIBLE
RETENTION
A
EMPLOYERS' WORICERS COMPENSATION AND
EMPLOYERS' LIABILITY
WLRC
SCFC44479898
10101107
10/01/08
,X(
JWC STATU-
T RYLIMITS
IT-
ER
EL. EACH ACCIDENT
$1,000,000
ANY PROPRIETOR /PARTNER /EXECUTIVE
OFFICER /MEMBER EXCLUDED?
E.L DISEAS &EAEMPLOYEE
$1,000,000
If yes, describe under SPECIAL PROVISIONS
E.L. DISEASE - POLICY LIMIT
$1,000,000
below
B
OTHER
coPsl952583
Prof /Poll Liab
10/01/07
Each Cl aln $1,000,000
Agggregate $1,000,000
contractor Prof
Deductible $250,000
DESCRIPTION OF OPERATIONS/LOCAT IONS /VEIBCLESMXCLUSIONS ADDED BY ENDORSEMENT /SPECIN. PROVISIONS
Stop Gap coverage for the following states: OH, ND, WA, NV, WY, PR, USVI. Job: East Bluff and Bonita creek Parks
Recycled Water Retrofit. Project Start Date: 29th July 2008, Project End Date: 31st December 2009. City of Newport
Beach, its elected or appointed officers, officials, employees, agents and volunteers are included as Additional
City Of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Attn: Shauna Oyler DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Public Works specialist 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
3300 Newport Boulevard BUT FAILURE TO DO SO SHALL IMPOSE NO O BLIGATION OR LOOM LOY
Newport Beach CA 92658 -8915 USA OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVEi.E ✓ivcrutcxm
v
`c
L
ti
L
d
T
L-
N
m
rn
O
O
Attachment to ACORD Certificate for Tetra Tech ISG
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage
afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy.
INSURED
Tetra Tech ISG
16241 Laguna Canyon Rd.
Irvine CA 92618 USA
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
LTR R
ADD -L
INS"
TYPE OF INSURANCE
POLICY NUMBER
POLICY DESCRIPTION
POLICY
EFFECTIVE
DATE
POLICY
EXPIRATION
DATE
LIMITS
DESCRIPTION
BY
Insured with respect to General Liability and Auto Liability policies. The Insurance is Primary and
Non- contributory. waiver of subrogation applies with respect to General Liability, Auto Liability and
workers' Compensation policies.
Certificate No : 570029922268
POLICY NUMBER: HDO G23734825
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION
The endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABLITY COVERAGE PART
SCHEDULE
Any person or organization whom you have agreed to include as an additional insured under a
written contract, provided such contract was executed prior to the date of loss.
SECTION II — Who Is An Insured is amended to include as an additional insured the
persons) or organization(s) shown in the Schedule, but only with respect to liability for
"bodily injury ", "property damage" or "personal and advertising injury" caused, in whole
or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or rented to you.
As respects to coverage afforded hereunder, this insurance is primary and non - contributory, and
our obligations are not affected by any other insurance carried by such additional insured whether
primary, excess, contingent, or on any other basis.
CG 20 26 07 04 ISO Properties, Inc., 2004 Page 1 of 1
POLICY NUMBER: ISAH08238431
ADDITIONAL INSURED -
DESIGNATED PERSONS OR ORGANIZATIONS
ENDT. #153
Named Insured
Endorsement Number
Tetra Tech, Inc.
153
Policy Symbol
Policy Number
Policy Period
Effective Date of Endorsement
ISA
H08238431
10/01/2007 to 10/01/2008
10/01/2008
Issued By (Name of Insurance Company)
ACE American Insurance
Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO POLICY
TRUCKERS POLICY
GARAGE POLICY
Additional Insured (s): Where required by written contract or agreement to the policy
A. For a covered "auto," Who Is Insured is changed to include as an "insured; the persons or organizations named in this
endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or 'property damage"
resulting from acts or omissions of
1. You.
2. Any of your employees or agents.
3. Any person operating a covered "auto" with permission from You, any of your employees or agents.
B. The persons or organizations named in this endorsement are not liable for payment of your premium.
Authorized Agent
DA -91-174 (12/94) Ptd. in U.S.A.
POLICY NUMBER: HDO G237 4825 ENDT. #13
COMMERCIAL GENERAL.LIABILITY
CG 2010 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Locations Of Covered Operations
Any Owner, Lessee or Contractor whom
you have agreed to include as an
additional insured under a written
contract, provided such contract was
executed prior to the date of loss.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section it — Who Is An Insured is amended to B.
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", 'property
damage" or "personal and advertising injury"
caused, in whole or in part by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed; or
2. That portion of "your work' out of which the
injury or damage arises has been put to its
intended use by any person or
organization other than another contractor
or subcontractor engaged in performing
operations for a principal as a part of the
same project.
CG 20 10 07 04 0 ISO Properties, Inc.. 2004 Page 1 of 1
J1
Worlie s' Compensation and Employers' Liability Policy
Named Insured
Endorsement Number
TETRA TECH, INC.
3475 EAST FOOTHILL BLVD.
Policy Number
PASADENA CA 91107
Symbol:WLR Number: C44479886
Polic Period
Effective Date of Endorsement
10 -61 -2007 TO 10 -01 -2008
10 -01 -2007
d ICII EpACE MIERAN NSURANCCOMPANY
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of die policy.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR
RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS
EXECUTED PRIOR TO THE DATE OF LOSS.
For the states of CA, TX, refer to state specific endorsements.
This endorsement is not applicable in KY, NH, and NJ.
//VA
Authorized Agent
WC 00 03 13 11 1105) Ptd. U.S.A- Copyright 1982 -83, National Council on Compensation Insurance
13455
Fax #:
-E.. U G
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 8/22/08 Dept. /Contact Received From: Shauna Oyler
Date Completed: 8/22/08 Sent to: Shauna Oyler By: Jessica Scherer
Company /Person required to have certificate: Tetra Tech
I. GENERAL LIABILITY
A.
INSURANCE COMPANY: ACE American Insurance Company
B.
AM BEST RATING (A: VII or greater): A +XV
C.
ADMITTED Company (Must be California Admitted):
AM BEST RATING (A: VII or greater) A+XV
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1 M Each Occ /$2M Agg
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
N Yes
❑ No
include): Is it included?
N Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
What is limits provided?
City its officers, officials, employees and volunteers): Is it
E.
included?
N Yes ❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
officers, officials, employees and volunteers): Is it included?
N Yes
included): Is it included?
❑ Yes N No
H.
CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording?
❑ Yes N No
I.
NOTIFICATION OF CANCELLATION: Although there is a provision
that requires
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the
City will accept the
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
II. AUTOMOBILE LIABILITY
A.
INSURANCE COMPANY: ACE American Insurance Company
B.
AM BEST RATING (A: VII or greater) A+XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes
❑ No
D.
LIMITS (Must be $1 M min. BI & PD and $500,000 UM):
What is limits provided?
$1,000,000
E.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
N Yes
❑ No
F.
PRIMARY & NON- CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A
❑ Yes
❑ No
G.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: ACE. American Insurance Company
B. AM BEST RATING (A: VII or greater): A +XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL: Primary & non - contributory coverage not included.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
BY THE CITY COUNCIL
CITY OF NEWPOM BEACH
NOV 2 4 20@9
DDD
law U
Agenda Item No. 15
November 24, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Iris Lee, Senior Civil Engineer
949 -644 -3323 or ilee @NewportBeachCa.gov
SUBJECT: EASTBLUFF PARK AND BONITA CREEK PARK RECYCLED WATER
RETROFITS — AWARD OF CONTRACT NO. 4134
Recommendations:
1. Approve the project drawings and specifications.
2. Award Contract No. 4134 to Green Giant Landscape, Inc. (Green Giant) for the
Total Bid Price of $470,328.00 and authorize the Mayor and the City Clerk to
execute the contract.
3. Establish an amount of $50,000.00 to cover the cost of unforeseen work.
4. Approve a Budget Amendment No. BA10- transferring $50,028.00 from
Water Enterprise Account No. 7511- C6002007 (Peninsula Point Water Main
Improvements) to Water Enterprise Account No. 7511- C6002006 (Eastbluff Park
Reclaimed Water Irrigation Project).
5. Approve Amendment No. 1 to Professional Services Agreement for the project
with Tetra -Tech, Inc., of Irvine, California, for design and construction services at
a contract price of $27,700.00 and authorize the Mayor and City Clerk to execute
the Agreement.
History:
The Eastbluff Park and Bonita Creek Park Recycled Water Retrofits contract was
previously advertised for construction bids in June 2000. Due to requested additional
modifications from Orange County Water District and health departments, and the lack
of bidder interests in the project at the time, the single received bid was rejected and the
project was delayed. Based on ongoing discussion with the regulatory agencies, all
concerns have now been addressed, and requested design changes have been made
and approved for construction.
q1 !A
0 0
Eastbluff Park and Bonita Creek Park Recycled Water Retrofits -Award of Contract No. 4134
November 24, 2009
Page: 2
Discussion:
At 10:00 A.M. on November 12, 2009 the City Clerk opened and read the following six
bids for this project:
TOTAL BID AMOUNT
$ 470,328.00'
$ 518,000.00
$ 520,000.00
$ 574,681.00
$ 623,300.00
$ 689,000.00
$ 696,000.00
As -bid amount is $469,328.00
The low total bid amount is 25 percent lower than the Engineer's Estimate of
$625,000.00. The difference between the estimate and low bid price may reflect the
current economic volatility. The low bidder, Green Giant Landscape, Inc., possesses a
California State Contractors License Classification "A° as required by the project
specifications. A check of Green Giant's references indicates satisfactory completion
of similar projects for other local agencies within the Southern California region.
This project entails the construction of recycled water irrigation systems to replace the
domestic water irrigation systems at Eastbluff Park, Bonita Creek Park, and Vista del Sol
median. General work items include the construction of swivel ell facilities, modification to
the domestic water supply, installation of recycle and non - potable water systems in
conformance with the Department of Health requirements, and modification to the
irrigation systems' electrical connections.
Pursuant to the Contract Specifications, the Contractor will have 140 consecutive
working days to complete the work per Contract specifications.
Environmental Review:
This project is exempt from the California
to Section 15302 of the CEQA Guidelines.
existing irrigation systems.
Public Notice:
Environmental Quality Act (CEQA) pursuant
This exemption covers the replacement of
The Notice Inviting Bids was advertised in the City s official publication and in
construction industry publications. Prior to starting work, two City - prepared notices will
be distributed by the contractor to residents and businesses. The first notice will be
distributed ten days prior to construction mobilization and the second notice 48 hours
prior to starting work in the area.
BIDDER
Low
Green Giant Landscape, Inc.
2
Belaire -West Landscape, Inc
3
Sierra Landscape Co.
4
Tal Cal Engineering, Inc.
5
GCI Construction, Inc.
6
MMC, Inc.
7
Sunrise Landscape Co., Inc.
TOTAL BID AMOUNT
$ 470,328.00'
$ 518,000.00
$ 520,000.00
$ 574,681.00
$ 623,300.00
$ 689,000.00
$ 696,000.00
As -bid amount is $469,328.00
The low total bid amount is 25 percent lower than the Engineer's Estimate of
$625,000.00. The difference between the estimate and low bid price may reflect the
current economic volatility. The low bidder, Green Giant Landscape, Inc., possesses a
California State Contractors License Classification "A° as required by the project
specifications. A check of Green Giant's references indicates satisfactory completion
of similar projects for other local agencies within the Southern California region.
This project entails the construction of recycled water irrigation systems to replace the
domestic water irrigation systems at Eastbluff Park, Bonita Creek Park, and Vista del Sol
median. General work items include the construction of swivel ell facilities, modification to
the domestic water supply, installation of recycle and non - potable water systems in
conformance with the Department of Health requirements, and modification to the
irrigation systems' electrical connections.
Pursuant to the Contract Specifications, the Contractor will have 140 consecutive
working days to complete the work per Contract specifications.
Environmental Review:
This project is exempt from the California
to Section 15302 of the CEQA Guidelines.
existing irrigation systems.
Public Notice:
Environmental Quality Act (CEQA) pursuant
This exemption covers the replacement of
The Notice Inviting Bids was advertised in the City s official publication and in
construction industry publications. Prior to starting work, two City - prepared notices will
be distributed by the contractor to residents and businesses. The first notice will be
distributed ten days prior to construction mobilization and the second notice 48 hours
prior to starting work in the area.
•Eastbluff Park and Bonita Creek Park Recycled Walmetrofits —Award of Contract No. 4134
November 24, 2009
Page: 3
Construction Services and Other Costs:
In addition to the Contract costs, a not -to- exceed cost of $27,700.00 in construction
services will be performed under Amendment No. 1 to Professional Services Agreement
with Tetra -Tech, Inc. These construction services are required by State and County
Health Departments for approval of recycled water use in public facilities.
Two thousand dollars is included for printing and other incidentals.
Funding Availability:
Upon approval of the budget amendment, sufficient funds will be available in the
following account:
Account Description
Water Enterprise
Proposed uses are as follows:
Vendor
Green Giant Landscape, Inc.
Green Giant Landscape, Inc.
Tetra -Tech, Inc.
Various
Prepared by:
I
enior OCivil Engineer
Account Number Amount
7511- C6002006 $ 550,028.00
Total: $ 550,028.00
Purpose Amount
Construction Contract $ 470,328.00
Construction Contingency $ 50,000.00
Construction Services $ 27,700.00
Construction Support, Printing $ 2,000.00
and Incidentals
Total: $ 550,028.00
Submitted
Badum
s Director
Attachments: Project Location Map
Amendment No. 1 to Professional Services Agreement with Tetra -Tech
Budget Amendment
EASTBLUFF PARK AND BONITA CREEEK PARK RECYCLED WATER RETROFITS
CONTRACT NO. 4134
PROJECT LOCATION MAPS
at-
LOCATION MAP
NOT TO SCALE
LOCATI N L.�-�
u��vFSZSITY
a �
o�
NAST A � qm 611
N � y
cfl v w 9L�;
A
�IST�1
n T��o EASTBUFF PARK
LOCATION MAP
NOT TO. SCALE
•
0
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
TETRA -TECH, INC. FOR EASTBLUFF AND BONITA CREEK PARKS
RECYCLED WATER RETROFIT AND IRRIGATION IMPROVEMENTS
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this _ day of , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and TETRA -TECH, INC., a
Delaware corporation whose address is 16241 Laguna Canyon Road, Suite 200, Irvine,
California 92618 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On September 8, 2008, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for design
services for the Eastbluff and Bonita Creek Parks Recycled Water Retrofit and
Irrigation Improvements, hereinafter referred to as "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional
services not included in the AGREEMENT, to extend the term of the
AGREEMENT to December 31, 2010, and to increase the total compensation
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to December 31, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. ONE including, but not limited to, all work set forth in the
Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
COMPENSATION
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
0 0
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Sixty
Two Thousand, Seven Hundred Dollars and no /100 ($62,700.00) without prior
written authorization from City,
3.1 The 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 Twenty -Seven Thousand,
Seven Hundred Dollars and no /100 ($27,700.00), without prior written
authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
ONE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
ATTEST:
By:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Edward D. Selich,
Mayor
CONSULTANT: TETRA -TECH, INC.
By:
Sam W. Box,
President
By:
Steven M. Burdick,
Senior Vice President,
Corporate Controller
Attachment: Exhibit A — Additional Services to be Performed
F.
0 0
CITY OF NEWPORT BEACH
Uddale 19 E2blLIU11 3rd BClula Creek Narks
Rw Cunversion and ill -92611 In.p:Orp-nenls — Additonal $en"ces
REQUEST FOR APPROVAL OF ADDITIONAL SERVICES
The following correspondence summarizes our request for an increase in the budget authorization to
compensate us for the additional services that we have or will be required to perform during the
execution of the project.
Scope of Work
Bonita Creek Park: Summarized herein is the additional effort for Bonita Creek Park:
I. Add the design of a master valve with pressure reducing capabilities and precast concrete vault.
The pressure reducing valve and vault were deleted and the design of the master valve vault was
added as Detail 1 on Sheet 5 of (lie drawing set. This change was requested by the Utilities
Department and Parks Department.
"— 2. The oFiffidal proposal dMA assumed a coricTele pad for the swivel ell design.-Due to the location
of the proposed swivel ell, retaining walls were required to locate the concrete pad within an
existing slope. Additional design efforts were required for these retaining walls.
3. The City has requested that the existing irrigation system be redesigned around the proposed
swivel ell pad and master valve vault. Dave Pagano with d.d. Pagano will perform this work. This
will require a field meeting with the Parks Department to review the existing irrigation system and
identify the existing sprinkler heads. The irrigation modifications will be added to the site plan
shown on Sheet 4.
4. The City has requested that the construction notes on Sheets 3, 4 and 5 be re- numbered so that
they are sequential with no duplicates.
Eastbluff'Park: Summarized herein is the additional effort for Eastbluff Park:
1. The City has requested that the existing irrigation system be redesigned to accommodate the home
run fence on the baseball field. d.d. Pagano will perform this work and will provide laterals and
heads on each side of the fence.
2. The City has requested that the construction notes on Sheets 3, 4, 5 and 6 be re- numbered so that
they are sequential with no duplicates.
General Items of Work
Our original proposal assumed three meetings with the City to discuss and review the project. To date
we attended seven (7) meetings and anticipate at least one more review meeting prior to completing
the bid ready plans. We are requesting the City give consideration to (lie additional time and effort
spent for the additional five meetings.
Task: Construction Services
A. Pre - Construction Phase:
1. Respond to bidder's questions during the bid advertisement period and assist in preparation of
addendums, when required. For this effort, we have assumed the preparation of two
addendums.
r: �o9l) ea .uw3>a.aaoorw�,:dw„v���,..•xoos a. - 1 - TETRA TECH
0 0
CITY OF NEWPORT BEACH
Updale to Easl Jlut! and 60nita Creek Parks
RIN C9nve,s,on and ;rrigalion Improvement; - AddipCnal Seteira,
2. Attend the pre -bid construction meeting to respond to questions from Contractors. The
meeting will be attended by both Tetra Tech and Dave Pagano.
B. Construction Support Services:
1. Provide shop drawing review of all shop drawing submittals. For this proposal, we have
assumed a total of thirty (30) shop drawings will be required for the project. We have included
within the budget a second review of each shop drawing submittal.
2. Respond to Requests for Information (RFIs). We have assumed five (5) RFIs.
3. d.d. Pagano will provide field observation, shop drawing review, preparation of punch list and
attend irrigation construction meetings. We have assumed 40 hours for this work.
Summary
We are requesting our budget authorization be increased by $27,700. The revised authorization budget
for this project will be increased from $35,000 to $62,700.
P"378%114 WDS-0& 2 U - - 2 - TETRA TECH
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qty of Newport Beacii NO. BA- 10BA -021
BUDGET AMENDMENT
2009 -10 AMOUNT: 850,028.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations X No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To transfer expenditure appropriations from Peninsula Point Water Main Improvement Project to the Eastbluff Park
Reclaimed Water Irrigation Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
,REVENUE ESTIMATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description Debit
Description
Amount
Signed: 4%2
financial Approval: Admimsb
Signed: 6— V /N
Admi is five Approval: City
Signed:
Services Director
- Automatic System Entry .
Credit
$50,028.00
Date
ll_ti -Cf,
Date
City Council Approval: City Clerk Date
Description
Division
Number
7511 Water Capital - Distribution & Piping
Account
Number
C6002007 Peninsula Point Water Main Improve $50,028.00
Account
Number
C6002006 Eastbluff Park Reclaimed Water Irrigation
Division
Number
Account
Number
Division
Number
Account
Number
Signed: 4%2
financial Approval: Admimsb
Signed: 6— V /N
Admi is five Approval: City
Signed:
Services Director
- Automatic System Entry .
Credit
$50,028.00
Date
ll_ti -Cf,
Date
City Council Approval: City Clerk Date