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06-0307_TETRA TECH, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ay of 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Tetra Tech, Inc. hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City desires to retain the construction management, inspection, materials testing, and geotechnical services of the Consultant for the City's proposed Replacement of the Cook's Reservoir; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed within 11 months from the commencement of construction of the reservoir. 1 OUAE 1,2,1o( ')' ApJ `Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be for the Lump Sum amount of Two Hundred Ninety-eight Thousand Four Hundred Dollars ($298.400) as set forth in Exhibit 'A" attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City as a percentage of an item within the scope of work that has been completed at the time of billing. Included within the compensation are all the Consultants ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultants proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Indeoendent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. 2 Section 8. Chances to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction She. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. 3 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one personiany one occurrence/not limited to contractual period. 4 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of CancellationfTermination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other parry In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: Tetra Tech, Inc. 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92618 Attention: Steve Tedesco Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 0 Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS'). Section 19. Entire Agmernent. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO TY:�_ /._ moo�mA D. Tetra Tech, Inc. By:,4/&� s tram c T de sco Vic, ATTEST: R. Monahan, City APPROVED AS TO FORM: C\ A,— John R. 1E haw, City Attorney 7 TETRATECH, INC. February 3, 2006 Mr. Eric Bauman Water Engineering Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Reference: Revised Fee Proposal to Provide Construction Management Services for the Cook's Reservoir Replacement Project Dear Mr. Bauman: It was a pleasure meeting with you and Joe Mankawich yesterday to review our qualifications and approval to your project. As requested, we have reviewed the proposed changes in scope and fee i for the project. The attached exhibits outline the revised scope items and corresponding fee revisions. Our fee can be reduced by to $298,400. A revised fee estimate is attached. We look forward to working with you on this challenging assignment. If you have any questions please feel free to contact us. Sincerely, Steveteve Tedesco Divisional Senior Vice President SDT/dc I:\prop06\p0 15 sdt\revisedfeeltcdoe Attachments FEB 2066 EXHIBIT "A" 16241 Laguna Canyon Road, Suite 200, Irvine, CA 92618 Tel 949.727.7099 Fax 949.727.7097 www.tetratech.com City of San Juan Capistrano Construction Management for Cook's Reservoir Replacement Project REVISION TO SCOPE OF SERVICES The following revisions have been made to the scope of services provided by Tetra Tech on January 20, 2006. Scope of Work • Section 2G - Change Orders Revise Item i to read: "Review and evaluate change order requests and negotiate final amounts as required. We have assured 8 to 10 change orders on the project." • Section 2K - Construction Survey Revise Item i to read: "Provide construction survey consisting of setting a horizontal survey line and 2 temporary bench marks." L\pmp06\p0 l 5sdt\revisedfee1tmttnhmt.doc City of San Juan Capistrano TETRA TECH, INC. Construction Management Services for Cook's Reservoir Replacement Eee Estimate Task Description Fees TOTALS CMana cer Manager — Resident Observer Technical Advisor Admin. Support_ Total Labor Contracts Contracts — ur Hours 1 Bidding Support a_ Technical SupportRFI (5) _ b. Technical Support, Addendum (2) 4 4 0 0 4 4 _4 4 12 12 ___L1,520 0_ 0 _ $1,520 _ C. Review &Evaluate Bids _ 2 0 2 4 8 _ $890 0 _$1,520 _ $890 SubtotalP40 0:f -�,�z ;.:'ct'6st-r�xSr"#—'c-"�',?.� 732...,a- . x$3;930 - $0$8930 2 Construction a. b. Project Control _ _ Meetings 8 40 48 8 8 80 48 168 152 $16,320 $16,200 $0__ $0 $16,320 $16,200c. Inspecfion 0 1200 0 i6_ 1376 $139,040 $57,981__ $197,021 d. Re uestforinformabon 6 24 16 80 136 $12,520 $0 $0 $12,520 e. Submittals _ 12 28 8 80 128 $10,980 1 --__ $0 --- $10.980 f q_ Construction Schedule Change Orders 12 16 0 32 0 B q __ 8 16 _64 _ $2,060 $7,280 _ _ $0 $0 _ _ $2,060 $7,280 _ h. Contractor Payments 12 0 0 8 20 $2,320 $0 _ $2,320 I. Project Completion &_Closeout 12 _ 24 0 12 48 $4,860 $0 $4,860 i. Construction Survey 0 4 0 2 6 $510 $3.520 $4,030 Subtotal .£,. x329- ;,-ti = x.1900;' <%a.tT,� s48+s'.a'^+c=,.�x�3� �� 2'�14..n .s .v 2��-090 %x$61501 - ;:•_ $ Rt $273.581° Reimbursables $7,200 _—_--- _ Contingency5__ _ _ _ __113,680 —FEE _ $298,400 TETRATECH, INC. EXHIBIT "A" 2006 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Suryey/Mamin2 Engineering Intern/Technician/Assistant... $ 52.00 Project Administrator ................................. $ 70.00 Designer/CAD Operator/Engineer I........... $ 95.00 Engineer II and III/Senior Designer .......... $ 110.00 Biologist..................................................... $ 110.00 Planner....................................................... $ 110.00 Senior Engineer/Landscape Architect........ $ 120.00 Project Engineer/Project Coordinator........ $ 135.00 Senior Planner ............................................ $ 145.00 Senior Scientist .......................................... $ 145.00 Project Manager/Sr. Project Coordinator... $ 158.00 Technical Project Advisors ........................ $ 165.00 Administrative Admin. Support .......................................... $ 65.00 Graphic Designer ....................................... $ 98.00 Survey Technician I ................................... $ 96.00 Survey Technician II/Field Supervisor ...... $ 110.00 Senior Surveyor ......................................... $ 125.00 Project Surveyor ........................................ $ 145.00 Two -Person Survey Party .......................... $ 205.00 Two -Person Survey Party with GPS.......... $ 245.00 Three -Person Survey Party ........................ $ 285.00 Survey Travel Time (Two -person) ............ $ 95.00 Survey Travel Time (Three-person)........... $ 135.00 Construction Manaeement Senior Construction Observer .................... $ 95.00 Resident Engineer ...................................... $ 130.00 Construction Manager ................................ $ 150.00 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 10%. Reimbursable In -House Costs Photo Copies (B&W 8.5"x11")...... $ 0.10/Each Photo Copies (B&W 11"x17")....... $ 0.35/Each Color Copies (up to &5"x11") ........ $ 1.50/Each Color Copies (to 11"x17") .............. $ 2.50/Each Compact Discs ................................ $10.00/Each Large Format Copies ..................... $ 0.30/S.F. Computer Time ............................. $10.00/Hour Mileage ........................................... $ 0.485/Mile NOTE: All rates apply for the period of January 1, 2006 through December 31, 2006 (the listed end of construction). There will be a negotiated increase in rates, 5% minimum, if the contact is extended. BpropWp015sdffee Itndoc APPROACH & SCOPE OF WORK Construction Management Services for Cook's Reservoir Replacement etra Tech, Inc. has provided construction services on reservoir facilities for more than 40 years. We also have in-house structural and electrical expertise to address any field modifications necessary through the construction process and special inspection. This unique experience will benefit the City of San Juan Capistrano in developing a comprehensive and successful approach to the project. Tetra Tech will act as an extension of City staff. The project will be structured so as to maintain open communication with the City, design engineer, contractor, public and pertinent regulating agencies at all times. Our staff is experienced in all aspects of concrete, piping, SCADA and general reservoir construction management. Important tasks such as planning, scheduling, and tracking are routinely performed. Additionally, we utilize a partnering approach to construction management. We work together as partners with the City, public, design engineers, regulating agencies and contractors to complete the project on schedule and under budget. With an emphasis on communication, anticipation of problems, and problem solving, Tetra Tech staff will be a positive extension of the City project team. We believe the keys to successfully completing your project are • Sensitivity to construction impacts to Adjacent Residents • Experienced, talented Project Team to work closely with the City, Residents, Design Engineer and Contractor • Develop and follow a detailed Construction Management Procedures Manual • Direct daily communication with City forces • Responsiveness to contractor requests and submittals • Complete documentation of all issues • Work with all parties to keep your project moving and to exceed your schedule • Resolve disputes equitably and ensure your project is completed without unresolved claims or litigation (see attached flow chart) • Keep ahead of key issues which tend to delay final project completion such as permit requirements, interface between contractors, testing, O&M Manuals, and record drawings • Anticipate problems/change in conditions and present solution(s) to the City in a timely manner The construction of the Cook's Reservoir Replacement will be a challenge due to site constraints, geotechnical issues and the close proximity of residents. As you are aware, construction of this nature can create a significant amount of noise, dust and dirt, and traffic congestion in the immediate area of the project site. Therefore, serious attention must be given to anticipate the potential community impacts that will occur so that measures can be taken to minimize the affects on the residents while minimizing the cost impact to the City. Due to the close proximity of adjacent residences, all construction will be critical to minimize the impact to the residents. Demolition of the existing reservoir and construction of the new concrete reservoir will be a noisy and dirty task, especially during the excavation, demolition of concrete and pouring of concrete phases. cp'aa06µ015,&rexLna - t - TETRA TECH, INC. G:IPROPO9 VAN2006L4ANJUAN-COOK-crane SOL -Cr T-cmcna 112"6 TETRATECH, INC. MITIGATION MEASURES Tetra Tech will review mitigation plans and monitor construction as follows. Air Quality — Monitoring to ensure the construction activities comply with the following: • During clearing, grading, earth moving, or excavation operations, control excessive fugitive dust emissions by regular watering or other dust preventative measures. Insure that the contractor conducts watering at least two (2) times per day (late morning and after work is done for the day). • Ensure that the contractor controls ozone precursor emissions from construction equipment vehicles by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications and to the satisfaction of the City Engineer. • Ensure that haul trucks comply with appropriate State Vehicle Codes so that excavated and graded materials do not spill onto public streets and roads. Geology and Soils: Review contractor's plan and implementation of erosion and sediment control plan to control erosion from graded or cleared portions of the site. Hazards and Hazardous Materials: Monitoring to ensure hazardous materials are sampled, tested, and disposed of properly. Hydrology and Water Quality — Monitoring to ensure the construction activities comply with the following: • Siltation and drainage devices are handled through a maintenance program to remove silt/dirt from channels and parking areas. • Avoiding placement of surplus or waste material from construction in drainage ways or within the 100 -year floodplain of surface waters. • Protection of all loose piles of soil, silt, clay, sand, debris, or other earthen materials in a reasonable manner to eliminate any discharge to waters of the State. • During construction, prevention of discharge of earthen materials from the site during periods of precipitation or runoff by using temporary gravel dikes. • Strengthening exposed soil during the interim period after grading by using stabilizing agents such as straw, wood chips, and/or soil sealant/dust palative until permanent solutions are implemented. • Continually maintaining revegetated areas to assure adequate growth and root development. Noise — Monitoring to ensure the construction activities comply with the following: • Ensuring that construction is prohibited at any time on Sunday or a Federal holiday. Using available noise suppression devices and properly maintained mufflers on equipment. Reducing construction noise by using quiet or "new technology" equipment, particularly the quieting of exhaust noises by use of improved mufflers where feasible. Equipping all internal combustion engines used at the Project site with the type of muffler recommended by the vehicle manufacturer. In addition, maintaining all equipment in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, drive -train, and other components. P: opM IS&&Iemda -3- TETRA TECH, INC. • During all site preparation, grading, and construction, minimizing the staging of construction equipment and unnecessary idling of equipment in the vicinity of residential land uses. • Situating the equipment staging area so as to provide the greatest distance separation between construction -related noise sources and noise -sensitive receptors nearest the Project site during all project construction. • Erecting temporary walls/barriers/enclosures around stationary construction equipment when such equipment is operated for an extended period of time and where there are noise sensitive receptors substantially affected. Noise barriers and enclosures consist of absorptive material to prevent impacts upon other land uses due to noise reflection. In addition, closing or securing any openings where pipes, hoses, or cables penetrate the enclosure structure. Traffic — Review Traffic Management Plan (TMP) and provide monitoring to ensure the construction activities comply with the following: Implementing a TMP to address short-term mitigation for roadways. This plan consists of prior notices, adequate sign -postings, detours, phased construction, and temporary driveways where necessary. Providing adequate access to and from residential areas at all times. Establishing proper detours and warning signs to ensure public safety. The TMP is devised so that construction activities do not interfere with any emergency response or evacuation plans. Reducing impacts by ensuring construction activities proceed in a timely manner. Configuring construction parking to minimize construction traffic interference with roadway traffic and residential parking. Restricting or prohibiting on -street parking of all construction and construction -related vehicles (e.g. worker personal vehicles). Minimizing obstruction of through - traffic lanes. Providing a flag person as appropriate to guide traffic properly and to ensure safety at construction sites. SCOPE OF WORK Tetra Tech will assign Giovanni Guccione to be the single point of contact for the City. Mr. Guccione has extensive experience and qualifications for managing similar projects. He will ensure that the following scope of work is accomplished per the requirements of this contract: 1. Bidding Support a. Provide technical support during preparation of responses to RFIs received during project bidding. We have assumed providing input on approximately five (5) RFIs. b. Provide technical support during preparation of Addendums. Tetra Tech has assumed that technical support will be required on up to two (2) Addendums. c. Provide technical support during review and evaluation of bids. Tetra Tech staff will review bids, check contractor references, review subcontractors and check contractor licenses status. 2. Construction a. Project Control i. Monitor contractor's work progress, personnel, equipment, and materials to ensure that adequate resources are available to meet the project schedule. B: op06Wl5sdVLL Aoc -4- TETRA TECH, INC. ii. Maintain ability to communicate via telephone, fax and e-mail from the project site. Our Resident Construction Observer will be equipped with cellular phone and computer with wireless e-mail and fax access. iii. Coordinate with the contractor to ensure that an accurate set of record drawings are kept on site and up to date. At a minimum, contractor's record drawings will be reviewed on a monthly basis. Our Construction Manager will make proper record drawings a condition of progress payment approval. iv. Prepare monthly progress reports for the City's review. Monthly progress reports will include the following: work progress, contract payments, RFIs, submittals, executed and potential change orders, and construction issues. The report will also include progress photographs, and a 4 -week look ahead. V. Coordinate with City staff to ensure that City activities and responsibilities are addressed and appropriately scheduled so as not to affect the progress of the work. Our team will provide frequent communications with City staff and provide as much notice as possible. vi. Represent the City's interests among contractor, subcontractors, utility companies, state inspectors, businesses and general public. vii. Maintain quality control on all work of sub -consultants and construction contractors. Implement a program of claims avoidance and claims management. b. Meetings i. Conduct pre -construction meeting with contractor, City officials and CM Team. ii. Conduct weekly construction progress meetings. iii. Conduct coordination meetings with City staff, engineer, contractor, subcontractors, utility companies, or other agency as required. We have assumed we will need approximately 10 to 12 such meetings. iv. Prepare and distribute meeting minutes for comments within three days and distribute final version within two working days of receipt of comments. c. Inspection Maintain a Resident Construction Inspector at the project site at all times that work is progressing. The Resident Construction Inspector shall be available to work during off hours in concurrence with any required off -hours construction work, and shall be available to respond to emergency call outs during off hours. We have assumed an 11 month construction period. ii, Provide electrical (including SCADA), mechanical, structural code compliance inspection, as well as quality assurance and control inspection of all aspects of the project as outlined in the Plans and Specifications for the project. iii. Review contractor's safety plan and monitor to ensure all health and safety requirements are met. iv. Provide soils and materials testing and inspection services including: N:ropay,015,mv t.d« -5- TETRA TECH, INC. • Observation and testing during overexcavation and recompaction of the foundation subgrade for the new reservoir; • Observation of footing excavations and subdrain installation; • Observation and testing during backfill of utility trenches; • Observation and testing during placement of aggregate base and asphalt concrete; • Attendance at meetings when required; • Laboratory testing to determine maximum dry densities, R -values and sand equivalent of representative materials, as necessary; • Project Management, engineering support and analyses, as necessary; and • Preparation of one final report summarizing the work performed. Material Testing and Special Inspection Services include: • Inspection and testing of reinforcement steel and placement; • Inspection of concrete placement for proper coverage and consolidation, testing of concrete on site for slump and air entrainment, and sample concrete for laboratory testing of concrete strength; • Verification of structural steel and welding inspection at fabrication shop; and • Onsite inspection of welding procedures, welding, and high strength bolting of structural steel. V. Provide environmental compliance monitoring per the requirements of the Mitigated Negative Declaration (MND), and other environmental permits required for this project. vi. Monitor work to ensure compliance with NPDES regulations. Ensure that contractor meets all reporting requirements. vii. Prepare detailed daily inspection and progress reports. Reports will be provided to City on a daily basis via e-mail. d. Request for Information (RFI) i. Process Requests for Information (RFIs), and ensure timely distribution to and response by appropriate project team members (City staff, Engineer, other agencies). Response to RFIs will be distributed to the appropriate party within 1 day to ensure a response is provided in no longer than 7 calendar days. ii. Provide technical support and constmctability reviews during preparation of responses to RFIs. iii. Maintain an RFI log tracking closed and outstanding RFIs. RFI log shall be updated weekly at a minimum, and reviewed at weekly progress meetings. e. Submittals i. Ensure that contractor submits a submittal schedule for review within 10 calendar days after the effective date of the construction contract. Our CM will review the submittal schedule and provide comments to contractor. ii. Provide technical support during review of the submittal schedule to ensure compliance with the contract documents. I:�pcop06�y01sadtYou.eac -6- TETRA TECH, INC. iii. Ensure that contractor submittals are submitted per accepted submittal schedule, and the requirements of the contract documents. iv. Process submittals, and ensure timely distribution to and review by appropriate project team members (City staff, engineer, other agencies). Submittal reviews shall take no longer than 30 calendar days after submittal is received. v. Provide technical support during submittal reviews. Verify, prior to final approval, that any changes or revisions to any submittal do not result in changes to the contract scope of work. If changes to the contract scope are required, our CM will notify the City, and make a recommendation to process a Change Order prior to final approval of the submittal, and distribution to the contractor. vi. Ensure that the contractor's submittal schedule is updated weekly at a minimum, and reviewed at weekly progress meetings. I. Construction Schedule i. Ensure that contractor submits a construction schedule for review within 10 calendar days after the effective date of the construction contract. CM will review and provide comments to the contractor on his schedule. ii. Provide technical support during review of the construction schedule to ensure compliance with the contract documents. iii. Track contractor's work progress to ensure compliance with accepted baseline construction schedule. Notify both the City and contractor when actual progress is behind schedule by more than 10%. Contractor shall not be allowed to start construction work prior to acceptance of a baseline construction schedule. iv. Ensure that the contractor's construction schedule is updated monthly at a minimum, and reviewed at weekly progress meetings. g. Change Orders i. Review and evaluate change order requests, and negotiate final amounts as required. We have assumed a total of 4 to 5 change orders on the project. ii. Provide formal Change Order recommendations for the City's review. iii. Maintain a Change Order log tracking executed and potential change orders. Log will also monitor the total amount of executed and potential change orders against the total construction contract amount. If the total amount of executed and potential change orders exceeds 10% of the construction contract amount, our CM will notify the City. Change Order log shall be updated weekly at a minimum, and reviewed at weekly progress meetings. iv. Tetra Tech will not direct the contractor to proceed with any change order work without a fully executed change order to prior written authorization from the City. We understand that costs for any change order work performed without a fully executed change order or prior written authorization from the City may be borne by our Company. M: op%Vou:dn<m..dm -7- TETRA TECH, INC. d. Schedule of Values i. Ensure that contractor submits a schedule of values for review within 10 calendar days after the effective date of the construction contract. ii. Provide technical support during review of the construction schedule to ensure compliance with the contract documents. iii. Ensure that contractor payment requests reflect the items and amounts indicated on the accepted schedule of values. i. Contractor Payment i. Implement procedure for review, processing, and payment of monthly and final payment requests. ii. Ensure compliance with the accepted schedule of values and the requirements of the construction documents. iii. Measure and verify work progress and earned to date percentages. iv. Review and maintain copies of the contractor's weekly certified payroll reports, and verify compliance with the contract documents. V. Prior to approval of any progress payments, ensure that contactor's record drawings are current, the construction schedule is updated, and weekly certified payroll reports are submitted and in compliance with the contract documents. Tetra Tech will not recommend approval of payment unless it receives verification these items have been completed. j. Project Completion and Close-out i. Determine and issue a letter to the contractor declaring substantial completion of the work or designated phases of portions thereof as outlined in the contract documents. ii. Develop a Punch List including items that require completion prior to release of final retention. iii. Ensure that contractor completes all items on the Punch List within 30 calendar days of declaration of substantial completion. iv. Upon completion of the Punch List, notify the City that the work is ready for final inspection and coordinate final inspection with the contractor and City staff. V. Review contractor's record drawings prior to final project acceptance. vi. Recommend to the City to accept the project, issue final payment, and file notice of completion. vii. Prepare and issue required environmental monitoring close-out reports to appropriate agencies. eprW pmes&4exL « -8- TETRA TECH, INC. k. Construction Survey i. Provide construction alignment settings for elevation, grade and location for the following: • Roadways — every 50 feet and Concrete Gutters at 25 feet • Structural Foundations and Vaults — each corner and every 50 feet • Retaining Structures — each comer and every 50 feet and Shoring every 25 feet • Pipelines — inflections, bends, and every 100 feet • Property Lines and Fencing every 25 feet • Temporary and Permanent Easements • Earthwork — Rough Grading. Rough grading settings may be dependent on field conditions, and may need to be coordinated with design geotechnical engineer. • Earthwork — Final Grading. ii. Provide earthwork volume calculations to verify grading quantities. Tetra Tech has assumed that the City of San Juan Capistrano will provide the following: 1. Assign a City Project Manager to be the primary point of contact. 2. Provide Tetra Tech with access to the project site and existing facilities on the project site. 3. Provide Tetra Tech with pertinent information regarding operation of the existing facilities on site as well as general information on the water system and its operation. 4. Provide or make available upon request, reports, drawings, specifications, records, data and files deemed useful for the project activities. 5. Provide office and field personnel to operate valves and fire hydrants as required. B,.pWpO I 5.dVo ,.d« - 9 - TETRA TECH, INC.