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10-0119_TETRA TECH, INC._Personal Services Agreement (2)PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 19th day of January, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Tetra Tech, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide additional design services for sewer improvements under Hydraulic Capacity Project No. 6; 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. 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 March 30, 2010, Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Thirty-six Thousand Dollars ($36,000.00) total contract amount, including expenses, etc., as set forth on Page 2 of Exhibit "A" 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 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. 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 work site(s), 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. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 2 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/employerregistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 19. 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 Mork 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 supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 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. 3 To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all 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 Consultant. 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 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). 51 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 naming City, its officers, employees, agents, and volunteers as additional insureds 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. 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 Cancel lationfTermination 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. 5 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: West Curry To Consultant: Tetra Tech, Inc. 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92616 Attention: Steve Agor 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 Agreement. 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 WETNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: J e Tait, City Manager TETRA TECH, INC. By:q,F;7 *a I" /g ?, Lo44 A .. Steve Agor, Vice Presid nt TT Ma oris, City C e I •marSanloval, Attorney NTETRATECH November 25, 2009 Mr. Joe Mankawich, Associate Engineer City of San Juan Capistrano Utilities Department 32400 Paseo Adelanto San Juan. Capistrano, CA 92675 Reference: Additional Work Request for Sewer Hydraulic Capacity Improvement Projects No. 6 (Inverted Siphon) Topo Revisions, Extended HDD Siphon, Revised Sewer Alignment Dear Mr. Mankawich: Project Background Tetra Tech has prepared this proposal in response to the City's request for Additional Work related to Hydraulic Capacity Improvement Project No. 6. The original scope of required Tt to take a 90% complete set of construction plans (prepared by others) to the 1001/0 level of completion. This was done based on the mutual understanding that all previously completed work (by others) was deemed by the City to be accurate and correct and therefore, no verifications by Tetra Tech were required. The engineering work associated with that purchase order was completed and the fmal pians and specifications were delivered to the City in July 2009. Since July 2009, the City has undertaken additional verification surveying and potholing. This work identified various utility conflicts and a vertical discrepancy in the topographic mapping due to the apparent use of two different vertical datums by the original consultant. During this time, it is also noted that Valle Road was widened, which affects the siphon alignment, constructability, traffic considerations and created additional utility conflicts. Scope of Work The scope of work identified in this proposal consists of the following activities: 1. Review/Analyze Pothole and Survey Data — Tetra Tech will review the pothole and survey data provided by the City and compare it to the information shown on the construction drawings. The horizontal and vertical locations of existing utilities will be adjusted/ revised based on the new information. 2. Invented Siphon Hydraulic Calculations — The original siphon length was approximately 600 -feet in length. To avoid utility conflicts and traffic congestion at the intersection of Valle Road and San Juan Creek Road, the inverted siphon will be extended to a length of approximately 1,100 -feet. hi this way, the inverted siphon, which will be installed by horizontal direction drilling, will clear Camino Capistrano, the 1-5 Freeway and Valle Road. This will require a new hydraulic analysis for the extended siphon configuration. As with the original design, the siphon will also cross under San Juan Creek and the SCRRA railroad tracks. '16241 Laguna Canyon Road, SuKe 2WS lr%y nc, CA 1,)2618 i?;f 949.72f M7 ) _�x 949.727,70D7 ���atN.te�fr�iic� F�.c;a n TETRATECH Mr. William Curry November 25, 2009 Page 2 3. New Sewer Alignment and Draiving Revisions — Tetra Tech will change the horizontal and vertical sewer alignment to avoid utility conflicts and connect to the existing sewer at the correct depth. Also, to snake the new siphon work hydraulically, the new alignment will utilize HDPE manholes to keep the vertical alignment at a higher grade (HDPE sewer and manhole systems do not require the usual 0.1 -foot elevation drop across the manhole). ELclusions aid Clari>iea ions This proposal is based on the following exclusions and clarifications: • Land Surveying; • Traffic Control Plans, • Environmental Documentation, EK CEQA; • Utility Potholing; • Geotechnical/Subsurface Testing d Constructions Phase Services. Estimated Budget The estimated budget to complete the work described above is S36,000. We understand that this budget cannot be exceeded without prior written authorization by the City. The City will be invoiced monthly, on a time and materials basis. Additional services can be provided on a tinne-and-materials basis at the City's request per the Tetra Tech's standard rate schedule. Pr®rtosed Schedule Tech Tech anticipates completion of the work described in this proposal within 30 days of a written authorization and Notice -to -Proceed. We look forward to this opportunity to serve the City of San Juan Capistrano. Should you have any questions or require additional information, please call me at (949) 585-1280. Very truly yours, Neil Barnsdale, P.E., LEEDJJJAP Senior Project Manager P:1092901134-09290-090031'rojeetivlanagesne:ttlProposa112009-I 1-25 HCP6 Additional Mork. Propmal.doax Attachment 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 l I ii (949) 493.1177 /fir BCnarostnTfu SAMALLVATO LAURA FREESE (949) 493-1053 FAX 1� I969 wyvw.sanluancapisIran o.org ESfpBtiSNEG 9176 THOMAS W, HRIBAR BOA MARK NIELSEN OR. LONDRES USO 1-1 larm k,&-iIyiIwo TO: Tetra Tech, Inc Attn: Steve Agor 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92616 DATE: February 1, 2010 FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 RE: Personal Services Agreements — Hydraulic Capacity Project No. 1 and Hydraulic Capacity Project No. 6 Enclosed: (1) Original, Personal Services Agreement for sewer repairs under Hydraulic Capacity Project No. 1 (1) Original, Personal Services Agreement for sewer improvements under Hydraulic Capacity Project No. 6 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 call me at (949) 443-6310. If you have questions concerning the agreement, please contact West Curry, Assistant Utilities Director at (949) 487-4307. Cc: West Curry, Assistant Utilities Director San Juan Capistrano: Preset-ving the Past to Enhance the Future Printed on 100% recycled .paper Today's ©ate:— 1/7/2010 CONTRACT TRANSMITTAL CIP No. (if any): NCP #6 Project Manager's Last Name: Curry Phone Extension Councilor CRA Meeting Date (if applicable): 1119110 APPROVING AUTHORITY: (Check One) PaMayor MCRA Chair IN..` City Manager F,Mm Transmittal Routing (Check All That Apply) ® City Attorney ® City Manager ® City Clerk Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street City St Zi i OTHER INSTRUCTIONS, Please sign and forward to the next applicable department. Thank you. Form Gate: 01-2004 D - 7 1/28/2010 AGENDA REPORT ®10 TO: Joe Tait, City Manage FRONT: West Curry, Assistant Utilities Director SUBJECT: Consideration of Personal Services Agreement for Civil Engineering Services for Hydraulic Capacity Project No. 6 (CIP 07703) (Tetra Tech) RECOMMENDATION: By motion, approve the Personal Services Agreement for additional Civil Engineering Services for Hydraulic Capacity Project No. 6 to Tetra Tech, Inc. in the amount of $36,000; and authorize the City Manager to execute the agreement. SITUATION: Hydraulic Capacity Project (HCP) No. 6 was delineated as a high priority project in the 2004 Sanitary Sewer Master Plan. The project provides for the construction of a new sewer line on San Juan Creek Road and a siphon under San Juan Creek to relieve sewer flows from the easterly portion of the City. On July 6, 2004, City Council approved a Personal Services Agreement with Lira and Nascimento Engineering Inc. (LAN) to prepare plans and specifications for the project as well as for HCP No. 1. LAN Engineering subcontracted to Carollo Engineering for the development of the report. In late 2008, responsibility for design and maintenance of the City's sanitary sewer systems were transferred to the Utilities Department as a part of a larger agency -wide reorganization. Utilities Department staff met with LAN in early 2009 to determine what was required to finalize the design of the project. LAN's response was that the City caused delays which required additional work to be done. In March LAN submitted a request for change order in the amount of $68,412 to complete the two projects. Staff did not agree with LAN's contention as some of the delays could be attributed to their staffing changes and sub -consultant unresponsiveness. Instead of approving the change order the contract was terminated and the City approached Tetra Tech, Inc. to finalize the design. On May 11, 2009, Tetra Tech provided a $45,000 proposal to complete the design of both HCP's No. 1 & 6. The proposal was agreed upon and approved by the City Manager under a Master Consultant Agreement. All preliminary planning documents for the projects were forwarded to the new design team. The agreement was based upon the acceptance that the alignment of the line would not change appreciably and that the basic background work was sound. Agenda Report Page 2 January 19, 2010 During review of the LAN's preliminary design for HCP No. 6 it became apparent to Tetra Tech that certain elements of the project had been designed outside of common engineering practice. In particular, the siphon under San Juan Creek included only a single directionally drilled sewer line from Descanso Park to the intersection of Camino Capistrano. The sewer line is then laid by conventional open cut methods under the San Juan Creek Road freeway underpass to a location approximately 2000 feet east. This deviates from the generally accepted specifications that require a double barreled siphon with a separate vent pipe to insure that overflows would not occur should one of the pipes become clogged. Further review revealed that the survey provided by LAN on the project was not consistent. It appeared that two different datum were utilized, one along San Juan Creek Road and the other on the City Hall side of the creek. Additionally, utilities shown on the plans did not conform to locations determined in the field. These critical preliminary design issues led Utilities staff to request from Tetra Tech a proposal to provide additional design, utility potholing and survey to ensure proper engineering of the project. On August 14, 2009, the City received their proposal for expanded services. Breakdown of the $126,686 request showed a cost for additional survey of $25,057; potholing of $48,057; traffic engineering of $32,217; and construction exhibits of $21,356. Staff's review of the proposal determined that it simply could not justify the costs as requested. In order to keep costs in line with what is reasonable; these services were contracted with separate local firms to provide the necessary additional design information. Utilities staff received proposals from Ware Enterprises Inc. for surveying in the amount of $6,912.00; Kantex Industries for potholing in the amount of $14,011; and from RK Engineering Group, Inc. for traffic engineering in the amount of $6,200. This work was performed under individual Personal Services Agreements with the approval of the City Manager. In further considering the design, Utilities staff felt that engineering an alternate alignment (Attachment 1) which directionally drilled the sewer all the way from Descanso Park to past the widened Valle Road/San Juan Creek Road intersection would reduce construction impacts to the community, especially traffic impacts and conflicts with existing utilities. The new alignment would also eliminate construction overlap interferences with two other projects that will be occurring in the area at about the same time; the Valle Road Widening and the Camino Capistrano CALTRANS Widening. It also offers a superior location to properly maintain the line from in the future. Preliminary construction estimates showed little difference between the cost of the original alignment and the alternate alignment. Staff has requested that Tetra Tech provide a new proposal to design a realigned project utilizing the new data procured by the Utilities Department. Tetra Tech has submitted a proposal to provide the realignment design for $36,000. This represents a fair cost for this work and a better end product for the community. The total cost for this redesign, including the survey, potholing and traffic engineering work already performed is $63,123. This represents a savings of $63,563 from Tetra Tech's PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 19th day of January, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Tetra Tech, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide additional design services for sewer improvements under Hydraulic Capacity Project No. 6; 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. 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 March 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Thirty-six Thousand Dollars ($36,000.00) total contract amount, including expenses, etc., as set forth on Page 2 of Exhibit "A" 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 6. Limitations Upon Subcontracting and Assi nment. 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 work site(s), 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. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 2 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at ttpsJ/www.vis-dhs.com/employerregistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 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. K To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all 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 Consultant. Section 14. Insurance. 4n 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 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). C' 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/rEndorsement. 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 insureds 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. 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. 5 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. West Curry To Consultant: Tetra Tech, Inc. 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92616 Attention: Steve Agor 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 Agreement. 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 By: rte" J e Tait, City Manager TETRA TECH, INC. By: Steve Agor, Vice Presid n TT Mal oris, City C e k III I • r ,val, itAttorney 7 1* TETRATECH November 25, 2009 Mr. Joe Mankawich, Associate Engineer City of San Juan Capistrano Utilities Department 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 Reference: Additional Work Request for Sewer Hydraulic Capacity Improvement Projects No. 6 (Inverted Siphon) Topo Revisions, Extended RDD Siphon, wised Sewer Alignment Dear Mr. Mankawich: Project Background Tetra Tech has prepared this proposal in response to the City's request for Additional Work related to Hydraulic Capacity Improvement ]Project No. 6. The original scope of required Tt to take a 90% complete set of construction plans (prepared by others) to the 100% level of completion. This was done based on the mutual understanding that all previously completed work (by others) was deemed by the City to be accurate and correct and therefore, no verifications by Tetra Tech were required. The engineering work associated with that purchase order was completed and the final plans and specifications were delivered to the City in July 2009. Since July 2009, the City has undertaken additional verification surveying and potholing. This work identified various utility conflicts and a vertical discrepancy in the topographic mapping due to the apparent use of two different vertical daturas by the original consultant. During this time, it is also noted that Valle Road was widened, which affects the siphon alignment, constructability, traffic considerations and created additional utility conflicts. Scope of 1 ork The scope of work identified in this proposal consists of the following activities: 1. Review/Analyze Pothole and Survey Data — Tetra Tech will review the pothole and survey data provided by the City and compare it to the information shown on the construction drawings. The horizontal and vertical locations of existing utilities will be adjusted/ revised based on the new information. 2. Inverted Siphon Hydraulic Calculations — The original siphon length was approximately . 600 -feet in length. To avoid utility conflicts and traffic congestion at the intersection of Valle Road and San Juan Creek Road, the inverted siphon will be extended to a length of approximately 1,100 -feet. In this way, the inverted siphon, which will be installed by horizontal direction drilling, will clear Camino Capistrano, the 1-5 Freeway and Valle Road. This will require anew hydraulic analysis for the extended siphon configuration. As with the original design, the siphon will also cross under San Juan Creek and the SCRRA railroad tracks. 16641 Lacoumi Canyon Road, Suiif,e 200, 1rv4w,,, CFO 926 18 3-= � 949.7 27.7999 `a,.x 949.7,Z7.7097 vi+ °sv .t�?r aCa l .ccY OOZES -W-1 TETRA TECH Mr. William Curry November 25, 2009 Page 2 3. New Sewer Alignment and Drawing Revisions — Tetra Tech will change the horizontal and vertical sewer alignment to avoid utility conflicts and connect to the existing sewer at the correct depth. Also, to make the new siphon work hydraulically, the new alignment will utilize HDPE manholes to keep the vertical alignment at a higher grade (HDPE sewer and manhole systems do not require the usual 0.1 -foot elevation drop across the manhole). Exclusions and Clariflcatians This proposal is based o11 the following exclusions and clarifications: Land Surveying, ® Traffic Control Plans, Environmental Doeumentation, EIR., CEQA; Utility Potholing; o Geotechnical/Subsurface Testing; Construction Phase Services. Estimated BVdW The estimated budget to complete the work described above is $36,040. We understand that this budget cannot be exceeded without prior written authorization by the City. The City will be invoiced monthly, on a time and materials basis. Additional services can be provided on a tine -and -materials basis at the City's request per the Tetra Tech's standard rate schedule. ProlMsed Schedule Tech Tech anticipates completion of the work described in this proposal within 30 days of a written authorization and Notice -to -Proceed. We look forward to this opportunity to serve the City of San Juan Capistrano. Should you have any questions or require additional information, please call me at (949) 585-1280. Very truly yours, P Neil Banisdale, P.E.; LEER AP Senior Project Manager P:109290;134-09290-09003\ProjectManagementlProposa112009-11-25 HCP6 Additional Work Proposal.doox Attachment 32400 PAS O ADELANTO SAN JUAN CAPISTRANO, CA 926755 (949) 493-1171 (949) 493-1053 FAx b4'Y,,ii,,Sail]Llai7L'apisliYdi7o, of g r"0 Tetra Tech, Inc Attn: Steve Agor 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92616 DATE: February 1, 2010 MEMBERS OF THE CITY COUNCIL FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 SAM ALLEVATO LAURA FREESE THOMAS W. HRI BAR MARK NIELSEN DR. LONORES USO RE: Personal Services Agreements — Hydraulic Capacity Project No. 1 and Hydraulic Capacity Project No. 6 Enclosed: (1) Original, Personal Services Agreement for sewer repairs under Hydraulic Capacity Project No. 1 (1) Original, Personal Services Agreement for sewer improvements under Hydraulic Capacity Project No. 6 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 call me at (949) 443-6310. If you have questions concerning the agreement, please contact West Curry, Assistant Utilities Director at (949) 487-4307. Cc: West Curry, Assistant Utilities Director San Juan Capistrano: Preserving the Peat to Enhance the .Future 0 Printed on 100% recyded paper Today's Date:_ 1/7/2010 r • , CIP No. (if any): HCP #6 Project Manager's Last Name: Curry _ Phone Extension Council or CRA Meeting ©ate (if applicable): 1/19110 APPROVING AUTHORITY: (Check One) MMayor 023CRA Chair 009 _.»City Manager 4577 Transmittal Routing (Check All That Apply) z City Attorney ® City Manager F� City Clerk Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street City St Zi I i i OTHER INSTRUCTIONS: Please sign and forward to the next applicable department. Thank you. Form Date: 01-2004 D - 7 1/28/2010 AGENDA REPORT 0110 TO; Joe Tait, City Manage FROM; West Curry, Assistant Utilities Director SUBJECT: Consideration of Personal Services Agreement for Civil Engineering Services for Hydraulic Capacity Project No. 6 (CIP 07703) (Tetra Tech) RECOMMENDATION: By motion, approve the Personal Services Agreement for additional Civil Engineering Services for Hydraulic Capacity Project No. 6 to Tetra Tech, Inc. in the amount of $36;000; and authorize the City Manager to execute the agreement. SITUATION: Hydraulic Capacity Project (NCP) No. 6 was delineated as a high priority project in the 2004 Sanitary Sewer Master Plan. The project provides for the construction of a new sewer line on San Juan Creek Road and a siphon under San Juan Creek to relieve sewer flows from the easterly portion of the City. On July 6, 2004, City Council approved a Personal Services Agreement with Lim and Nascimento Engineering Inc. (LAN) to prepare plans and specifications for the project as well as for HCP No. 1. LAN Engineering subcontracted to Carollo Engineering for the development of the report. In late 2008, responsibility for design and maintenance of the City's sanitary sewer systems were transferred to the Utilities Department as a part of a larger agency -wide reorganization. Utilities Department staff met with LAN in early 2009 to determine what was required to finalize the design of the project. LAN's response was that the City caused delays which required additional work to be done. In March LAN submitted a request for change order in the amount of $68,412 to complete the two projects. Staff did not agree with LAN's contention as some of the delays could be attributed to their staffing changes and sub -consultant unresponsiveness. Instead of approving the change order the contract was terminated and the City approached Tetra Tech, Inc. to finalize the design. On May 11, 2009, Tetra Tech provided a $45,000 proposal to complete the design of both RCP's No. 'I & 6. The proposal was agreed upon and approved by the City Manager under a Master Consultant Agreement. All preliminary planning documents for the projects were forwarded to the new design team. The agreement was based upon the acceptance that the alignment of the line would not change appreciably and that the basic background work was sound. Agenda Report Page 2 January 19, 2010 During review of the LAN's preliminary design for HCP No. 6 it became apparent to Tetra Tech that certain elements of the project had been designed outside of common engineering practice. In particular, the siphon under San Juan Creek included only a single directionally drilled sewer line from Descanso Park to the intersection of Camino Capistrano. The sewer line is then laid by conventional open cut methods under the San Juan Creek Road freeway underpass to a location approximately 2000 feet east. This deviates from the generally accepted specifications that require a double barreled siphon with a separate vent pipe to insure that overflows would not occur should one of the pipes become clogged. Further review revealed that the survey provided by LAN on the project was not consistent. It appeared that two different datum were utilized, one along San Juan Creek Road and the other on the City Hall side of the creek. Additionally, utilities shown on the plans did not conform to locations determined in the field. These critical preliminary design issues led Utilities staff to request from Tetra Tech a proposal to provide additional design, utility potholing and survey to ensure proper engineering of the project. On August 14, 2009, the City received their proposal for expanded services. Breakdown of the $126,686 request showed a cost for additional survey of $25,057; potholing of $48,057; traffic engineering of $32,217; and construction exhibits of $21,356. Staff's review of the proposal determined that it simply could not justify the costs as requested. In order to keep costs in line with what is reasonable; these services were contracted with separate local firms to provide the necessary additional design information. Utilities staff received proposals from Ware Enterprises Inc. for surveying in the amount of $6,912.00; Kantex Industries for potholing in the amount of $14,011; and from RK Engineering Group, Inc. for traffic engineering in the amount of $6,200. This work was performed under individual Personal Services Agreements with the approval of the City Manager. In further considering the design, Utilities staff felt that engineering an alternate alignment (Attachment 1) which directionally drilled the sewer all the way from Descanso Park to past the widened Valle Road/San Juan Creek Road intersection would reduce construction impacts to the community, especially traffic impacts and conflicts with existing utilities. The new alignment would also eliminate construction overlap interferences with two other projects that will be occurring in the area at about the same time; the Valle Road Widening and the Camino Capistrano CALTRANS Widening. It also offers a superior location to properly maintain the line from in the future. Preliminary construction estimates showed little difference between the cost of the original alignment and the alternate alignment. Staff has requested that Tetra Tech provide a new proposal to design a realigned project utilizing the new data procured by the Utilities Department. Tetra Tech has submitted a proposal to provide the realignment design for $36,000. This represents a fair cost for this work and a better end product for the community. The total cost for this redesign, including the survey, potholing and traffic engineering work already performed is $63,123. This represents a savings of $63,563 from Tetra Tech's PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 19th day of January, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Tetra Tech, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide additional design services for sewer improvements under Hydraulic Capacity Project No. 6; 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. 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 March 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Thirty-six Thousand Dollars ($36,000.00) total contract amount, including expenses, etc., as set forth on Page 2 of Exhibit "A„ 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. ATTACHMENT 2 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 Subcontracting and Assi nment. 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 andlor 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 work site(s), 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. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. K 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland, Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/emD[overregistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 Mork 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 supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 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. 3 To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all 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 Consultant. 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 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 terra 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). 11 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 Employers 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 insureds 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. 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 shell 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. 14.6 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: West Curry To Consultant: Tetra Tech, Inc. 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92616 Attention: Steve Agor 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 Agreement. 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. ATTEST: Maria Morris, City Clerk .111 2 2 0610 a IXTANS Lei•ill Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO Joe Tait, City Manager TETRA TECH, INC. In VA Steve Agor, Vice President TETRATECH November 25, 2009 Mr. Toe Mankawich, Associate Engineer City of San Tuan Capistrano Utilities Department 32400 Paseo Adelanto San Juan Capistrano, C.A. 92675 Reference: Additional Work Request for Sewer hydraulic Capacity Improvement Projects No. 6 (Inverted Siphon) Topo Revisions, Extended HDD Siphon, Revised Sewer Alignment Dear Mr. Mankawich: Project Background Tetra Tech has prepared this proposal in response to the City's request for Additional Work related to Hydraulic Capacity linprovement Project No. 6. The original scope of required Tt to take a 90% complete set of construction plans (prepared by others) to the 100% level of completion. This was done based on the mutual understanding that all previously completed work (by others) was deemed by the City to be accurate and correct and therefore, no verifications by Tetra Tech were required. The engineering work associated with that purchase order was completed and the final plans and specifications were delivered to the City in July 2009. Since July 2009, the City has undertaken additional verification surveying and potholing. This work identified various utility conflicts and a vertical discrepancy in the topographic snapping due to the apparent use of two different vertical datums by the original consultant. During this time, it is also noted that Valle Road was widened, which affects the siphon alignment, constructability, traffic considerations and created additional utility conflicts. Scope of Mrk The scope of work identified in this proposal consists of the following activities: 1. Review/Analyze Pothole and Survey Data —"Petra Tech will review the pothole and survey data provided by the City and compare it to the information shown on the construction drawings. The horizontal and vertical locations of existing utilities will be adjusted/ revised based on the new information. 2. Inverted Siphon hydraulic Calculations — The original siphon length was approximately 600 -feet in length. To avoid utility conflicts and traffic congestion at the intersection. of Valle Road and San Juan Creep Road, the inverted siphon will be extended to a length of approximately 1,100-fect. In this way, the inverted siphon, which will be installed by horizontal direction drilling, will clear Camino Capistrano, the 1-5 Freeway and Valle Road. This will require a new hydraulic analysis for the extended siphon configuration. As with the original design, the siphon will also cross under San Juan Creek and the SCRRA railroad tracks. (32,4 , u�Buns Canon Road, Sui9,o 200, Iry ino CA 926`18 :1 949.?27.7099 =a,x 949.7'27,'7097 xti�ww.Y�lr� c.c�a.�arn EXHIBIT A TETRATECH Mr, William Curry November 25, 2009 Wage 2 3, New Serer Alignment and Drawing Revisions _.. Tetra Tech will change the horizontal and vertical sewer aligmnent to avoid utility conflicts and connect to the existing sewer at the correct depth. Also, to make the new siphon worm hydraulically, the new alignment will utilize HDPE manholes to peep the vertical alignment at a higher grade (HDPE sewer and manhole systems do not require the usual 0.1 -foot elevation drop across the manhole). E cluslons and Clarifications This proposal is based on the following exclusions and clarifications: ® Land Surveying; i Traffic Control Plans, 0 .Environmental Documentation, EER, CEQA.; Utility Potholing; Geotechnical/Subsurface Testing; ® Construction Phase Services. Estimated Budget The estimated budget to complete the work described above is $36,000. We understand that this budget cannot be exceeded without prior written authorization by the City. The City will be invoiced monthly, on a time and materials basis. Additional services can be provided on a tinge -and -materials basis at the City's request per the Tetra Tech's standard rate schedule. ftaosed Sche ule Tech Tech anticipates completion of the work described in this proposal within 30 days of.a written authorization and Notice -to -Proceed. We loop forward to this opportunity to serve the City of San Juan Capistrano. Should you have any questions or require additional information, please call me at (949) 585-1280. Very truly yours, rW ; r' l Neil Barnsdale, P.E., LEED AP Senior Project Manager P:1092901i.3A-09290-090031i'rojeatN4anagementll'roposal12009-11-25 HCP6 Additional work. Proposa€.docx Attachment The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, January 19, 2010 in the City Council Chamber in City Hall, to consider: "Consideration of Personal Services Agreement for Civil Engineering Services for Hydraulic Capacity Project No. 6 (CIP 07703)(Tetra Tech)" — Item No. ®10, If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision malting process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, January 18, 2010 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff Joe Mankawich, Associate Engineer. You may contact that staff' member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san4uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit clerk sanjuanca istrano.or . Maria Morris, CMC City Clerk cc: Tetra Tech, Inc. -12400 Pl&)UAN `<? AN A 1AN CAPIS`8°RAWr A = 67 (949 1171 �� 493, 10.9'4 FAX ltsvvw�� o, Ong ME El NOTIFICATION OF RESCHEDULED MEETING OF THE SAN JUAN CAPISTRANO CITY COUNCIL Woma W,H DR, LCA Ute: Notice is hereby given, that the San Juan Capistrano City Council has rescheduled the following item for Council consideration to Thursday, January 28, 2010 at 6:00 p.m. in the City Council Chamber in City Hall: "Consideration of Personal Services Agreement for Civil Engineering Services for Hydraulic Capacity Project No. 6 (CIP 07703)(Tetra Tech)" — Item No. ®10. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Wednesday, January 27, 2010 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.orq. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkC7a.sanivancapistrano.org. Maria Morris, CMC City Clerk cc: Tetra Tech, Inc. r El NOTIFICATION OF RESCHEDULED MEETING OF THE SAN JUAN CAPISTRANO CITY COUNCIL Woma W,H DR, LCA Ute: Notice is hereby given, that the San Juan Capistrano City Council has rescheduled the following item for Council consideration to Thursday, January 28, 2010 at 6:00 p.m. in the City Council Chamber in City Hall: "Consideration of Personal Services Agreement for Civil Engineering Services for Hydraulic Capacity Project No. 6 (CIP 07703)(Tetra Tech)" — Item No. ®10. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Wednesday, January 27, 2010 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.orq. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkC7a.sanivancapistrano.org. Maria Morris, CMC City Clerk cc: Tetra Tech, Inc.