08-0619_TETRA TECH, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT /�
THIS AGREEMENT is made, entered into, and shall become effective this 1-7 day
of June, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and TetraTech, Inc. (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Engineering and Construction Support Services for Phase Two of the
Recycled Water Service Conversions on Rancho Viejo Road ; 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 the City shall consist of those tasks as set
forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than January 30, 2009.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Twenty -Four
Thousand Eight Hundred Dollars ($24,800.00), as set forth in Exhibit "A," Tetra Tech's
proposal of November 12, 2007, attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 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. Independent 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 Subcontractina 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.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra 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/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, 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 to be performed 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 the 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.
2
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 work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or 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.
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 damages arising from the negligence,
recklessness, or willful misconduct of Consultant in Consultant's performance under this
agreement.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein 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 an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form 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.
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 an amount not less than one million dollars per occurrence
($1,000,000.00).
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,
Workers 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 naming City, its officers, employees, agents, and
volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
E
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's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination 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 shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party 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: Administrative Services Director
5
To Consultant: TetraTech, Inc.
16241 Laguna Canyon Road, Suite 200
Irvine, CA 92618
Attn: Tom Epperson
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.
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 Aureement.
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
Dave Adams, City Manager
TetraTech, Inc.
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APPROVED AS TO FORM:
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Tom EpI5drson,AVicePresident ((
TETRA TECH, INC.
November 12, 2007
Mr. Eric Bauman
City of San Juan Capistrano — Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Reference: Proposal to Provide Engineering and Construction Support Services for
Non-Domestic/Recycled Water Service Conversions Project
Rancho Viejo Road — Phase 2
Dear Mr. Bauman:
Tetra Tech, Inc. enthusiastically submits our proposal to provide engineering and construction
support services for the recycled water conversion of the next three sites: Mammoth Equities North
and South Building; Tract No. 15771 (Summer Walk); and Caltrans.
Attached are our Scope of Services and Basis of Fee.
If this proposal is acceptable to you, please sign in the space provided and return one copy to our
office. If you have any questions or require additional information, please do not hesitate to call.
YSincrely,
Tom Epperson, P.E.
Divisional Vice President
TLE/cg
M:\Marketing\Proposals\W TRS\2007\224\text.doe
Attachments
RECEIPT OF THIS PROPOSAL IS ACKNOWLEDGED AND THE CONDITIONS CONTAINED
HEREIN ARE ACCEPTED BY THE CITY OF SAN JUAN CAPISTRANO.
APPROVED FOR: City of San Juan Capistrano CONTRACT:
11rd
TITLE:
Rancho Viejo Road — Phase 2
Ene. & Construction Services
DATE:
6241 Laguna Canyon Road Suite 200, Irvine, CA 92618
Tel 949.727.7099 Fax 949.727 7097
www.tetratech. com
CITY OF SAN JUAN CAPISTRANO
Non-Domestic/Recycled Wafer Service Conversion
Rancho Viejo Road Phase 2: Engineering and Construction Support Services
BACKGROUND
Tetra Tech has completed the engineering and construction support services for the Rancho Viejo
Road — Phase 1. In order to take advantage of the rebate from MWD, the City is trying to quickly
convert the following three sites: North Building (29122 Rancho Viejo Road) and South Building
(29222 Rancho Viejo Road) of Mammoth Equities; Tract No. 15771 (Summer Walk and Rosenbaun
Road); and Caltrans.
The City of San Juan Capistrano has requested Tetra Tech's assistance in completing the engineering
and construction support services to convert these three sites. The Scope of Work will include: site
assessment; preparation of plans and specifications; construction support services, and working with
the Health Department relative to the cross -connection testing.
SCOPE OF SERVICES
Task 1: Site Assessment
1.1 Tetra Tech will perform a thorough field evaluation of each site to confirm and obtain the
following information: site location, site boundaries, location of existing non-
domestic/recycled water facilities including but not limited to meter(s), pipelines, sprinkler
heads, and backflow prevention devices(s), and any other pertinent information to achieve a
complete conversion to non-domestic/recycled water service.
1.2 Tetra Tech will obtain and review existing permits, water/irrigation system information
including available plans and specifications. In addition, Tetra Tech will obtain the best quality
aerial photograph of the site. Tetra Tech will prepare a memorandum to each user summarizing
the key concerns based on review of plans and field evaluation (Task 1.1) so they can be
prepared for the preliminary field investigation. In addition, we will request past meter records
and system pressure requirements.
1.3 Tetra Tech will perform preliminary field investigation of each site to determine potential code
compliance issues (Title 22, California Code of Regulations, The Rules and Regulations for
Use of Recycled Water, and any other applicable local codes), ensure proper backflow
prevention, verify proper operation and installation of fire prevention assemblies, verify
adequate separation of domestic and non-domestic water facilities, and verify proper non-
domestic/recycled water facilities identification. User's irrigation maintenance personnel will
need to be in attendance to explain irrigation system as well as perform coverage testing.
1.4 Tetra Tech will keep field notes, and take photographs as records of existing field conditions.
1.5 Tetra Tech will record special characteristics that may be impacted by non-domestic/recycled
water including water impoundments. Tetra Tech will provide a summary of additional work
that may be required by the user to confirm concerns. This may include the potholing of
existing lines to confirm identification and separation of pipelines.
M \Mukvin&roWssis\w RS00�24\te .a c - 1 - TETRA TECH
CITY OF SAN JUAN CAPISTRANO
Non-Domestic/Recycled Water Service Conversion
Rancho Viejo Road Phase 2: Engineering and Construction Support Services
1.6 Tetra Tech will prepare a comprehensive letter summarizing the site location, existing
conditions at each site, recommended improvements and scope of work for code compliance
and estimated cost to convert to recycled water.
Task 2: Preparation of Plans and Specifications
2.1 Tetra Tech will prepare plans and specifications for the three sites just as was done for the
initial six sites. Exhibits will be provided in the Appendix showing the typical items of work.
The level of effort and detail for the plans and specifications will be the same as what Tetra
Tech had previously done for Phase 1.
2.2 Tetra Tech will attend a pre-bid meeting, followed with a field visit to each site. During the
field visit, Tetra Tech will provide clarification of required improvements at each of the sites.
2.3 Tetra Tech will answer any questions from prospective bidders during the bidding process.
Tetra Tech will assist the City in the evaluation of construction bids.
Task 3: Construction Support Services
3.1 Tetra Tech will assist the City in preparing the Notice to Proceed to the Contractor for each
site. This task will include meeting at the site with the Contractor, reviewing the work to be
performed at each site, identifying the typical items of work, walking the entire site, and
answering any questions from the Contractor. At this meeting, a preliminary estimate of
quantities of each bid item will be determined and agreed upon.
3.2 Tetra Tech will assist in the evaluation of changes in the estimate of quantities for each bid
item at each site during the prosecution of the construction activities. In addition, Tetra Tech
will review the Contractor's proposed progress pay estimate request.
3.3 Tetra Tech will review the shop drawings provided by the Contractor: warning tape, tags,
labels, identification sign, quick couplers, meter, pressure reducing valve, meter boxes, piping,
and irrigation covers, as a minimum.
3.4 Tetra Tech will provide construction oversight during the actual construction activities at each
site. We are assuming four meetings (duration of two hours for each meeting) will be
performed at each site (Monday to discuss the work to be performed and Friday to review the
work that was performed). Tetra Tech will keep field notes and take photographs to document
the work. For this proposal, we are not providing full-time observation.
3.5 Tetra Tech will answer any questions from the Contractor during the construction activities. In
addition, Tetra Tech will perform a final inspection of each site and provide a "punch list" of
outstanding items of work for each site.
M:�M.kdi.,\P,.,,::\w RS\2Wo 224\mxt me -2- TETRA TECH
CITY OF SAN JUAN CAPISTRANO
Non-Domestic/Recycled Water Service Conversion
Rancho Viejo Road Phase 2: Engineering and Construction Support Services
Task 4: Cross -Connection Testing
4.1 Tetra Tech will meet with the City's Cross -Connection Specialist and the on-site landscape
maintenance personnel to perform a preliminary cross -connection and coverage test at each
site. Tetra Tech will assist the City to prepare the proposed method of performing the cross -
connection test for review and approval by DHS and/or County of Orange Health Department.
4.2 Tetra Tech will assist the City in performing the final cross connection and coverage test at
each site and obtain final approvals from DHS and/or County of Orange Health Department.
SCHEDULE
Due to the upcoming holidays, we are prepared to complete the site assessment and preparation of
plans and specifications for the three sites of Phase 2 within 60 calendar days from receipt of written
authorization to proceed. Critical activities necessary to be completed in a timely manner to meet the
project schedule are:
• Scheduling of meetings with Caltrans in a timely manner
• Reasonable ability to schedule meetings with County Health Departments
• Reasonable review time from Caltrans
BASIS OF FEE
Tetra Tech, Inc. will provide the engineering services described in the Scope of Services on an
hourly basis with the following not -to -exceed (NTE) amount:
Tresk No
Description of Task
NTE Bridget
1.1 thru 1.6
Site Assessment — Mammoth Equities
$ 1,600
1.1 thru 1.6
Site Assessment— Tract No. 15771
$ 1,600
1.1 thru 1.6
Site Assessment - Caltrans
$ 3,600
2.1 thru 2.3
Preparation of Plans and Specifications
$ 6,200
3.1 thru 3.5
Construction Support Services
$ 9,000
4.1 thru 4.2
Cross -Connection Testing
$ 2,800
Total
$24,800
We have included herewith our estimated person -hours and a copy of our current Hourly Rate
Schedule.
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OTETRATECH
EXIIIBIT "A"
2008
HOURLY CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
Professional
Engineering Intern/Technician/Assistant ... $ 58.00
Project Administrator .................................
$ 80.00
Designer/CAD Operator/Engineer I...........
$ 105.00
Engineer II and III/Senior Designer ..........
$ 120.00
Biologist.....................................................
$ 120.00
Planner.......................................................$
120.00
Senior Engineer/Landscape Architect........
$ 130.00
Project Engineer/Project Coordinator........
$ 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 ($&W 8.5"xl 1") ......
$ 0.15/Each
Photo Copies (13&W 11"x17") .......
$ 0.40/Each
Color Copies (up to 8.5"x11 ") ........
$ 2.00/Each
Color Copies (to 11"x17') ..............
$ 3.00/Each
Computer Usage .............................
$ 2.10/Hour
Survey/Mappine
Survey Technician I ...................................
$ 105.00
Survey Technician II/Field Supervisor.......
$ 120.00
Senior Surveyor .........................................
$ 140.00
Project Surveyor . ............ -.........................
$ 160.00
Two -Person Survey Party ..........................
$ 225.00
Two -Person Survey Party 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 Manaeement
Construction Observer ...............................
$ 100.00
Senior Construction Observer ....................
$ 105.00
Resident Engineer ......................................
$ 150.00
Construction Manager ................................
$ 175.00
Compact Discs ................................
$10.00/Each
Large Format Copies .....................
$ 0.40/S.F.
Mileage ...........................................
$0.445/Mile
*current IRS POV Mileage Rate subject to change
Company Vehicles ..........................
$8.00/IIour
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%.
NOTE: All rates are effective from October 1, 2007 to September 30, 2008. There will be a negotiated increase in
rates, 5% minimum per year, for contracts extending beyond October 1, 2008.
M:\Muketing\Proposals\WTRS\2007\224\ExhibitA-2008.dw
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO
Tom Epperson
TetraTech
16241 Laguna Canyon Road, Suite 200
Irvine, CA 92618
DATE: June 19, 2008
FROM: Christy Swanson, Administrative Specialist (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
RE: Personal Services Agreement — Phase II of the Recycled Water Service Conversions on
Rancho Viejo Road
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please me at (949)
443-6309.
If you have questions concerning the agreement, please contact Joe Mankawich, Associate
Engineer at (949) 487-4313.
An original agreement is enclosed for your records.
Cc: Joe Mankawich, Associate Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
�, Pnnletl on 100 / recyGeE paper '