Loading...
HomeMy WebLinkAboutTETRA TECH , INC. 1 - 2004 A-2004-079 ',' INSURr.,'Lt rjOT ON FILE WOR:', I,:AY NOI PROCEED CLERK OF COUNCIL DATE: (p-i 5-o<f CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 3 ti day of _l"\.lllJ , 2004 by and between Tetra Tech, Inc., a California corporation (hereinafter "Consultant")! and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). UfWf1 (ft.()J~ RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering, to prepare Plans, Specifications and Cost Estimates for the Elevated Water Tank Improvements. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall prepare plans, specifications and cost estimates, and provide construction support services for improvements to the City's elevated water tank, as set forth in Consultant's Proposal, dated April 14, 2004, and attached as Exhibit A to this Agreement. 2. COMPENSATION a. City agre to pay, and Consultant agrees to accept as total payment for its services, s identified in Exhibit A. The sum to be expended under this Agreement shall not ex $29,QOO.00. The parties anticipate additional services may be requested, in a total amount of $3,600.00. The total sum, including additional services, to be expended under this Agreement shall not exceed $33,500.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. , ~ 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2005, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. DELIVERY OF WORK PRODUCT Upon completion of services, Consultant shall deliver to City all work-product, including all drawings and documents, which results from the services provided. Said work-product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant, and shall become the property of the City. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured( s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. 2 .. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, 3 , " judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Public Works Agency, Water Department City of Santa Ana 20 Civic Center Plaza (M-85) 4 , P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-3345 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Tetra Tech, Inc. 16241 Laguna Canyon Rd., Ste 200 Irvine, California 92618 Telefacsimile (949) 727-7097 Attn: Steve Tedesco A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrurnent that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT 5 '. Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because ofrace, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. A1'TEST: ~O~~~l PATRICIA E. HEALY 1t' Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By' La a Sheedy Assistant City Attorn CONSULTANT S TEDESCO Vice President 7 '. ...... Exhibit A City of Santa Ana Elevated Water Tank Improvements April 14, 2004 Prepared by: ~ TETRA TECH,INC. 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92618 (949) 727-7099 '. '. ~ TETRA TECH, INC. Infrastructure Services Group April 14, 2004 Mr. Steve Worrall, Sr. Civil Engineer City of Santa Ana, Public Works Agency Water Resources Division 220 South Daisy Avenue Santa Ana, CA 92703 Reference: Proposal to Provide Professional Engineering Services for the Elevated Water Tank Improvements Dear Mr. Worrall: Tetra Tech, Inc. is pleased to submit our proposal to provide professional engineering services to prepare Plans, Specifications and Cost Estimates (PS&E) for the Elevated Water Tank Improvements. Our previous work on the Elevated Water Tank (Project No. 3180) makes us uniquely qualified to perform this assignment. In late 2001, Tetra Tech completed the design of the Elevated Water Tank Improvements. The improvements included tank safety related issues (ladder, safety climb devices, cages, balcony and walkway safety railings), enlarging the roof manholes, modifying the roof vent and cathodic protection hand hole covers, upgrading the existing valve vault and piping, and improving the drainage inside of the foundation ring. Construction bids were received, however, the bids were all above the approved budget amount. Therefore, the construction contract was not awarded. Since then, the City has completed the piping and valve vault improvements with City forces. In addition, the City has decided to paint/re-coat the tank at the same time the improvements are completed. Therefore, the City has increased the approved budget for the proposed tank improvements to include the work that was not previously completed as well as the cost to paint/re- coat the tank. Thank you for giving us the opportunity to submit our proposal. We look forward to once again providing service to the City. S~y, 1o~p~ Proj ect Manager TLE/te t\temp\water\tle\santa ana proposal.doc Attachment 16241 L:\g'JI::\ CJ.I1YOll Ro;-Id. Suite 200. I!'vine, CA 92618 TeI949.727.7099 F;lX 949.727,7097 www.te(r3tech.com '. " TABLE OF CONTENTS Page Understanding the Project .................................................................................................................. 2 Work Plan. ..... ................... ..... ..... ...... ............ ......................... ........ .......... .......... ... ........ ..... ....... .......... 4 Manpower ................. ........... ... ........ .... ................ ............................................... ............. ....... ..... ....... 9 Subconsultants..................................................................................................................... ............... 10 Fee Summary ........................... .................................. .................. ....................... ...... ... ............ .......... II CllY OF SANTA ANA East and West Reservoirs TETRA TECH, INC. " UNDERSTANDING THE PROJECT Proiect Definition In late 2001, Tetra Tech completed the design of the Elevated Water Tank Improvements. The improvements included tank safety related issues (ladder, safety climb devices, cages, balcony and walkway safety railings), enlarging the roof manholes, modifying the roof vent and cathodic protection hand hole covers, upgrading the existing valve vault and piping, and improving the drainage inside of the foundation ring. Construction bids were received, however, the bids were all above the approved budget amount. Therefore, the construction contract was not awarded. Since then, the City has completed the piping and valve vault improvements with City forces. In addition, the City has decided to paint/re-coat the tank at the same time the improvements are completed. Therefore, the City has increased the approved budget for the proposed tank improvements to include the work that was not previously completed as well as the cost to paint/re-coat the tank. Auuroach Based on our recent meeting with the City, Tetra Tech will revise the plans and specifications previously prepared for Project No. 3180 to delete the construction work that has been completed by City forces (piping and valve vault improvements). In addition, we have added Harper & Associates Engineering, Inc. to evaluate and provide recommendations for the re-coating and painting of the tank. Review Field Conditions: Tetra Tech will perform a field site visit to confirm the improvements that were completed by the City and obtain existing elevations within the foundation area. Based on the findings from the site visit, the previous base maps will be revised. Evaluate feasible alternatives for exterior access ladder: The City requested Tetra Tech to evaluate the feasibility of providing an elevator/one-man lift in lieu of the proposed ladder and safety cage improvements previously shown on the construction plans for Project No. 3180. We will prepare a design memorandum summarizing the findings including the estimated construction costs and any additional design costs in order to include the elevator within the PS&E (if a feasible option is available). A meeting will be scheduled to review and discuss the design memorandum, if a feasible option is available. Re-coating and Painting: We have added Harper & Associates Engineering, Inc. to our team to perform the field investigation and evaluation of the existing exterior and interior painting/coatings of the tank. In addition, they will perform the laboratory analyses and assist in the preparation of the technical specifications for the re-coating and painting of the tank. The field investigation can either be accomplished with the tank drained or utilizing divers depending on the preference of the City. Construction Costs: Specialized projects of this type can have a wide fluctuation in construction costs. In the current extremely busy construction market it may be difficult to find contractors who are interested in this size of specialized project. One of our challenges will be to obtain input from contractors and develop interest in the project from several specialized contractors. This will help to insure that competitive bids are received and the project can be completed under budget. CITY OF SANrAANA Elevated Water Tank Improvements TETRA TECH, INC. 2 , UNDERSTANDING THE PROJECT Proiect Manal!ement Tetra Tech has well-defined, rigorous procedures for project management. These techniques have been developed and refined over our 50-year plus history and contribute to our success and reputation. The keys to our project management are communications, planning, monitoring and quality assurance. Communications: The Tetra Tech team's goal is to keep the City staff "in the loop" from Day One of the project. Communications tools include the formal progress reports afforded through our project management system and an informal give-and-take approach starting with Tom Epperson, our Project Manager, and extending to every member of the Tetra Tech team. At the project's outset, the chain of command and appropriate communication methods will be agreed upon and can be as formal or as informal as the City desires. Project Staffing Planning: Staffing is key to successful project management and an integral part of our quality management program. We have already assembled the best-qualified team to match the project requirements. We have also reviewed staffing levels and budgets from similar projects to estimate labor requirements to complete the City's project. We will combine this staffing effort with our project planning, monitoring, and reporting procedures to ensure that the project has adequate resources to meet the project schedule. Monitoring Staff, Progress, and Budget: Monthly, Tom will assess the project "percent complete". The percent complete will be estimated on a per task basis in a defined manner and will be done independently of budget review. The estimated percent complete will be compared to the planned percent complete to determine if the project is on schedule. If the project is not on schedule, staffing adjustments or other corrective measures will be implemented. Quality Assurance/Quality Control Program: Our team has implemented and maintains an extensive quality management program based on the concept of continually improving quality by identifying and correcting problems so they do not re-occur; identifying and eliminating inefficiency and waste, reducing variability; and increasing performance. CITY OF SANTA ANA Elevated Water Tank Improvements TETRA TECH, INC. 3 " WORK PLAN Tetra Tech, Inc. proposes to provide the following detailed scope of work: Task No. 1- Project Management A. Meetings I. Project kick-off meeting to review scope, schedule, budget, and work plan. 2. Meeting to discuss findings and recommendations for re-coating/painting of the tank. 3. Following status meetings (we have assumed a total of two status meetings): a. 90% completion stage progress meeting to review City's comments. b. 100% completion stage to discuss bidding schedule. Task No.2 Field Investigation and Analysis A. Review Existing Data I. Collect and review all "as-built" drawings, reports and calculations for the tank. Obtain previous maintenance records. Weare requesting two copies of this information. Verify approach with the City by telephone conference call. B. Field Investigation I. Perform field investigation of the tank to visually inspect interior coating and exterior painting condition from the following standpoints: a. Corrosion-related structural soundness of the tank and foundation. b. Conditions of coating and paint: protection of steel, aesthetic qualities and percent failures. c. Adhesion testing to determine ability to overcoat existing exterior paint. d. Condition of appurtenances: overflow, inlet, ladders, etc. e. Environmental and operating conditions which affect the usage of tank, maintenance of tank, the aggressiveness of the atmosphere and water, and extent of abrasion damage. 2. Field investigate to visually inspect and photograph visible deficiencies. This can be accomplished with the tank drained or utilizing Certified Divers/Engineers. If the investigation is accomplished by diving, the evaluation of vapor zone is accomplished via inflatable raft. If the investigation is accomplished by diving, the following sanitary measures will be fully complied with (in accordance with A WW A C652, Section 5): a. Diver's equipment is dedicated for use only in potable water storage tanks. b. No body parts shall come in contact with potable water. Diver's suit will be prophylactic in design. Only non-permeable dry-suits will be used which incorporate an integrated hard helmet, neck and wrist dams and boots. c. Prior to diver entrance into potable water, the diver will be: fully dressed in prophylactic dry suit; and all equipment and diver dress will be thoroughly disinfected by a 100% wash-down with or immersion in a 200 PPM solution of chlorine and water. 3. Prepare a Photographic Survey to be included in the report. CITY OF SANTA ANA Elevated Water Tank Improvements TETRA TECH, INC. 4 , " WORK PLAN 4. Prepare conclusions and recommendations based on the following and include in the detailed written report: a. Causes of deficiencies. b. Coating and paint repair or replacement, including extent of deficient areas, estimated costs and life expectancy. c. Additional items to enhance maintenance and safety. 5. Submit three (3) copies of the written report. 6. Meet with City to discuss results and recommendations. 7. Implement the following safety procedures: a. Comply with all of the safety procedures in accordance with Cal-OSHA Title 8, General Industry Safety Orders, Group 26, Artile 152, 153,6050-6056. b. All members of dive team will possess a current certificate of qualification and training in CPRlFirst Aid. c. A dive plan will be prepared prior to dive operation. C. Laboratory Analyses. \. Remove two (2) samples of interior coating and four (4) samples of exterior paints to determine if they contain lead, chromium compounds, or zinc, as required by Title 22. This removal operation will transpire during the investigation of the interior and exterior of the tank. 2. A detailed report will be formulated, noting levels of specific heavy metals and relating this information to the methods of removal, protection of workers and environment, testing of removed coating and spent abrasive for heavy metal content, and determination of wastes as hazardous materials, including disposal methods and operations. Task No.3 - Plans, Specifications and Cost Estimate A. Evaluate the feasibility of providing elevator or one-man lift in lieu of proposed ladder and safety cage improvements previously shown on the construction plans. Prepare a design memorandum summarizing the findings including estimated construction costs (if a feasible option is available). A meeting will be scheduled to review and discuss the design memorandum, if a feasible option is available. B. Visit the site to confirm the piping and valve vault improvements performed by the City. Confirm the existing elevations within the foundation area. Modify the base map to include the improvements. C. In conjunction with the City, meet with the School to find an acceptable contractor's staging area. D. Review the plans with several local specialty contractors to obtain comments/suggestions to improve the design. We will evaluate all the comments and verify the construction cost estimate to ensure that the project can be completed under budget. CITY OF SANTA ANA Elevated Water Tank Improvements TETRA TECH, INC. 5 ,"' .". WORK PLAN E. All Plans and Specifications will be prepared in accordance with the applicable provisions of: Standard Specifications for Public Works (Green Book); AWWA Standards; Uniform Building Code (UBC); Title 8 of the California Code of Regulations; and City of Santa Ana Standard Plans and Specifications. f. All electronic copies of plans submitted to the City will be CAD generated. final submittal to the City will include Mylar Plan sheets as well as electronic copies of the CAD files. G. We envision the following plan set: 1. Title Sheet 2. Sheet C-I (Site Plan): include contractor's staging area and construction of a new perimeter fence (wrought iron security fence). 3. Sheet C-2 (Grading Plan): include 12-inch overflow piping construction. 4. Sheet C-3 (Miscellaneous Details): include tank vent, splash block, and overflow pipe elevation. 5. Sheet S-I (General Structural Notes) 6. Sheet S-2 (Structural Tank Elevation) 7. Sheet S-3 (Structural Roof Plan) 8. Sheet S-4 (Structural Balcony, Ladder and Vent Closure Details) 9. Sheet S-5 (Structural Details including hatch, tie-off anchor, hinge, connection details, etc.) H. Prepare technical specifications and list of Bid Items. The specifications will include interior re- coating and exterior painting of the tank. Specifications will be prepared in Microsoft Word format. The City will provide contract documents and "boilerplate" portion of the Specification. final submittal to the City will include a computer disc, as well as, a hard copy of the Specification. 1. Prepare detailed opinion of probable construction costs for the project. 1. Plan Submittals: 1. Prepare engineer's opinion of probable construction costs for each submittal. 2. Submit 90% complete and 100% complete plans and specifications for City review. Task No.4 - Construction Phase Support Tetra Tech will provide construction support to the City during the bidding and construction phases of the project. A. Tetra Tech will respond to questions during the bid period and prepare Addenda ifrequired. We have assumed a 4 to 6 week bidding period. B. Attend the pre-construction meeting. C. Review shop drawings, equipment specifications, samples and submittals for compliance with Plans and Specifications. We have assumed that 15 submittals will be required to review and that each submittal will need to be reviewed twice (the original submittal and one re-submittal). Submittals will be reviewed and returned within 10 working days. CITY OF SANTA ANA Elevated Water Tank Improvements TETRA TECH, INC. 6 ~ .... ..... WORK PLAN D. Respond in writing to all Requests for Information (RFI's) and provide clarifications of the Plans and Specifications during the construction process. We have assumed that approximately 10 RFI's will be generated on this type of project. In addition, we have assumed that two (2) RFI's could result in plan revisions. E. Evaluate and respond to Contractor's request for change orders. We have assumed that I to 2 change orders could be required on this project. F. Tetra Tech will perform periodic site visits during construction as necessary. We estimate that the total contract time will be approximately eight (8) months broken down as follows: . Submittals and Reviews . Installation of Equipment/Materials . Painting/Coating of Tank ExteriorlInterior . Touch Up and Final Acceptance I month 2 months 4 months I month We have assumed a total of eight (8) site visits and construction meetings will be required. These will include: . One (I) during submittal process. . Three (3) during installation. . One (I) prior to painting/coating. . Two (2) during touch up and final acceptance. . One (I) to resolve change orders The following sheet contains our estimated person-hours for each task ofthe project. Schedule The following is our preliminary project schedule identifying the dates for attainment of each project milestone activity or submittal. For this proposal, we have assumed that we will be given the Notice to Proceed by May 3, 2004. The schedule can be accelerated if so desired by the City. Milestone Activitv or Submittal Date of Submittal or Comoletion of Milestone Activitv Kick-off Meeting Week of May 10, 2004 Field Investigation Week of May 31,2004 Meeting to discuss Preliminary Findings Week ofJune 21, 2004 Submit 90% complete PS&E July 12, 2004 Submit 100% complete PS&E August 9, 2004 Submit Signed Mylars August 25, 2004 CllY OF SANTA ANA Elevated Water Tank Improvements TETRA TECH, INC. 7 , ""., CITY OF SANTA ANA Elevated Water Tank Improvements Person~Hour Summary A Evaluate ElevatorlLift 8 4 4 $1,837 $1.837 8 Field Verification 4 4 4 4 $1,488 $112 $1.600 C Meet with School 2 $330 57 $400 0 Review Prelimin Desi with Contractors 1 2 $435 S435 G Construction Plans Title Sheet 4 $192 $192 SheetC-l Site Plan 4 $491 $491 Sheet C-2 (Gradin Pion 2 4 $670 $670 Sheet C-3 Mise, Details 4 $327 $327 Sheet S-I General Structural Notes) 2 $178 $118 Sheet S-2 Structural Tank Elevation 2 $478 $478 Sheet S.3 (Structural Roof Plan 2 $313 5313 Sheet S.4 Structural Details) 2 5313 $313 Sheet S.5 Structural Details) 2 $178 5178 Pre are Technical S cifications and Bid Items 2 2 4 $832 52.240 $3.072 Pre are Cost Estimate 2 $270 $270 Plan Submittals 4 2 4 $664 $2,246 ~~~k7 - 2 14 2 8 $120 8 4 8 4 2 4 TETRA TECH ,INC. '. . to '. MANPOWER Tetra Tech, Inc. has assembled a highly qualified project team. Our team has extensive experience in the design and retrofitting of water storage facilities. The majority of our team members have previous experience working for the City of Santa Ana on the John Garthe Reservoir and Elevated Tank Improvements. The following is a description of our Project Team and a short summary of each of their experiences. Mr. Tom Epperson, P.E., will be our Project Manager. He has over 20 years of experience in the field of water and reclaimed water engineering. During this time, he has managed twenty water/reclaimed water storage reservoirs throughout Southern California. Mr. Epperson is currently working on or has recently completed reservoir projects for the cities of Santa Ana, Anaheim, Fullerton, Irvine Ranch Water District, Santa Margarita Water District, Moulton Niguel Water District, and the San Manual Mission Band of Indians. Tom will be responsible for all day-to-day contact between the City and the Project Team. Mr. Mark Bush, P.E., will spearhead the civil/mechanical facility design. Mr. Bush was or currently is the Project Engineer for the reservoir projects for Irvine Ranch Water District, Santa Margarita Water District, Moulton Niguel Water District, and the City of Santa Ana. Mr. Victor Ramirez, P.E., S.E., will be responsible for the structural design. Mr. Ramirez has over 19 years of structural engineering experience. He was or currently is the Structural Project Engineer for the Seismic Retrofitting of the Steel Tanks for the City of Beverly Hills and the City of San Buenaventura. CllY OF SANTA ANA Elevated Water Tank Improvements TETRA TECH, INC. 9 , ,. ". SUBCONSULTANTS We have added Harper & Associates Engineering, Inc. to our team to perform the field investigation and evaluation of the existing exterior and interior painting/coatings of the tank. In addition, they will perform the laboratory analyses and assist in the preparation of the technical specifications for the re- coating and painting of the tank. The field investigation can either be accomplished with the tank drained or utilizing divers depending on the preference of the City. They work will be done under the direct control of Mr. William Harper. Field investigation work will be accomplished by Mr. Andre Harper and the technical specifications will be prepared by Ms. Krista Harper. CITY OF SANrA ANA Elevated Water Tank Improvements TETRA TECH, INC. 10 " ~ ~" FEE SUMMARY Tetra Tech, Inc. is pleased to submit this fee proposal for the Elevated Water Tank Improvements. Our not-to-exceed fee includes all of the services outline in the Work Plan of this proposal. The following is a summary of our not-to-exceed fee: Task No. I - Project Management $ 1,300 Task No.2 - Field Investigation and Analysis $ 3,700* Task No.3 - Plans, Specifications and Cost Estimate $ 13,000 Task No.4 - Construction Phase Support $ I L900 Total Not-to-Exceed Fee $ 29,900 * It will cost an additional $1,200 if the interior field investigation is accomplished by diving. Attached is our estimated person-hours and corresponding fee breakdown per task and our 2004 Hourly Rate Schedule. CITY OF sANrA ANA Elevated Water Tank Improvements TETRA TECH. INC. I1 , ". 11'" [ "11;] TETRA TECH,INC, 2004 HOURLY CHARGE RATE AND EXPENSERE~URSEMENTSCHEDULE Professional Engineering IntemfTechnician....................$ 48.00 Designer/CAD Operator/Engineer I ...........$ 89.00 Engineer II and III/Senior Designer ...........$ 100.00 Biologist .....................................................$ 99.00 Planner ........................................................$ 99.00 Senior EngineerlLandscape Architect.........$ 115.00 Project EngineerlProject Coordinator.........$ 135.00 Senior Planner ............................................$ 140.00 Senior Scientist...........................................$ 140.00 Project Manager/Sr. Project Coordinator ...$ 150.00 Senior Project Manager. .............................$ 165.00 Program DirectorlProject Director .............$ 200.00 Administrative Administrative Clerk...................................$ 42.00 Word Processor/Admin. Support................$ 58.00 Graphic Designer ........................................$ 94.00 Survev/MaDDinl! Survey Technician 1....................................$ 90.00 Survey Technician IIIField Supervisor .......$ 100.00 Senior Surveyor. .........................................$ 115.00 Project Surveyor. ........................................$ 135.00 Two-Person Survey Party ...........................$ 185.00 Two-Person Survey Party with GPS ...........$ 225.00 Three-Person Survey Party .........................$ 268.00 Survey Travel Time (Two-person) .............$ 90.00 Survey Travel Time (Three-person) ...........$ 127.00 Construction Mana2ement Construction Observer ................................$ 78.00 Senior Construction Observer.....................$ 85.00 Resident Engineer.......................................$ 120.00 Construction Manager ................................$ 150.00 Reproduction, special photography, postage, delivery services, express mail. out-of-area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15%. Reimbursable In-House Costs Photo Copies (B&W 8.5"xll").......$ O.IO/Each Photo Copies (B&W II "xl7")........$ 0.35/Each Color Copies (up to 8.5"xll ").........$ 1.50/Each Color Copies (to II "xI7") ..............$ 2.50/Each Compact Disks ................................$IO.OO/Each Large Format Copies ......................$ 0.30/S.F. Computer Time .............................$IO.OOlHour Mileage............................................$ 0.40/Mile NOTE: All rates are effective to October 1.2004. There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond October 1,2004. C:\Documents and Settings\tom.eppersonWy DocumentsWyFiles\asl\2004 Rate Schedule.doc . ,. lit. EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) , this endorsement form as a part of Effective Policy # Issued to Named Insured Countersigned by Authorized Representative 8 1,~~6'l""~ "'"'" .........,.......""'... ..~O" -. -.. ," ACORD~ CERTIFICATE OF LIABILITY INSURANCEpag< 1 of 2 I DATE 06/03/2004 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Req~onal Cert Center HOLDER. TH)S CERTIFICATE DOES NOT AMEND. EXTEND OR 26 Cent.ury Blvd. ALTER TH E COVERAGE AFFOROED BY THE POLICIES BELOW. F. o. Box 305191 Nashville, 'TN 31230.51 n INSURERS AFFORDING COVERAGE INSURED ~etra ~edh, 7nc. (ISG) A,~orA-07f 11lSlJRERA Hartford Fire 7nlilurance Company 19682-001 11710 Car':.vright Rd. Ste. 500 INSURE.R 6 Hartford Casualtv 7nsurance Comnanv 29424-001 Irvine, a '2614-5850 INSURERC: ACE ).merican Insurance Corn. L"'I.V 22661-011 lrlSURERO ArrIericllrI Internat.ional Soecialty Line:!! In 26883-000 , ItlSURERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDlCATED. NOrwITHSTAi'llDING ANY AEOUIRE,\lENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY t-lAVE BEEN REDUCED BY PAID CLAIMS INSR TYPECFINSURANCE I POLICYNUMBEA PJlAL+~1J~f88;W; i P8i~C.r~~bR~~~qN! LIMTS LTR; A I CENERAL "A"UTY 172 UUN UM0820 10/1/2003 10/1/2004 E.ACHOCCURRENCE I. 1 000 000 Pi CO"","CML CEN,"AL UAlllLfTY . FIRE DAMAGE iA.~yOl"e ~..e' I. 300 000 I I ClAlJ.tSMADE [i] OCCUR MEDEXP(A~yO'"e :;lO/"$0I"1 I. 10 000 Wcontract I.iab PERSQrJAl Eo ADvmJURY I. 1 000 000 ~x.c.u Covenoe I GENERAL AGGREGATE I. 2 000 000 GE~rlAGGREaATE LIMIT APPlIESPfR I" PRODUCTS. COMP{)P AGe I. I I POllCy!;l ~T n LOG I I A ~_."_.., 72 UEN UM0844 10/1/2003 10/1/2004 I CQ.tBltlED SINGLE lIMI r I. /.flY AUTO (E:aacc'cl!~:l 1,000,000 X ALL ONNEDAUTOS BOOIL Y INJURY I SCHE.OUL~DAUTOS (Pi!"pl!'J.O~: :5 x HIREDAUTOS i BOOIL Y ltJJUR'l' , (///; J, " I. R ''''NO'~'EOAUIOS I tl-'e'ilccce-:) I rf0->t02fZ{tj //2 I PROPERTY DAMAGE I I (Pe'ilu;;ce~:; I' ~RAGE LIA61UTY I V I I AUTomll'l'. EAACCIDENT I. HArtfAUTO I OTHER THMI EAACC 15 . I , AUToom Y AGG; 5 B ~ESSLIA8ILITY 172 XHU UH0346 10/1/2003 10/1/2004 I EACHOCCURRE11CE I. 10 000 000 " 0 I ACGFlECATE I. 10 000 000 I X : OCCUR ClAJMS MADE r r I, n DEDUCTletE I I I. IIRETENTlOI'I , , , " C WORKERS CO~~ENSATION AND IWLR C4397l31-1 1/1/2004 10/1/2004 Ix I T~~~!~JNs! ;oJ~.1 EM?lOYERS' LIABILITY 000 E.L.EACHACCIDBH 1$ 1 000 l i E.l. DISEASE. EA EMPL.OYEE: 5 1 000 000 !E.L.OISEASf..POlICYlIMIT Is , nM - n-no 0 IOTHEA 11952583 10/1/2003 i 10/1/2004 1$5,000,000 Each Claim Pro!e.ssi.onal I $5,000,000 Aqqreqate pollution/E""O Legal ]..i~. i$ 25~~OOO Rentention Clai.m I :~- ;-" "".inn -,. DESCRIPTION OF O~ERATIONSllOCA TIONSIVEH1ClESIEXCLUS10NS ADDEO BY ENDORSEM E~TISPEC1AL PROVISIONS RE: Elevated 7ank ~mprovements city of Santa Anat it~ offic::er~t employees, agents, volunteers and representatives are included as Additional Insured with respects to General Liability as required by contract. CERTIFICATE HOLDER I X I AODITlONAL INSUREO, INSURER lETTER CANCELLATION City of Santa Ana Public Works Agency 10 Civic Center P~a%& RO:JS Ar~"'I.ex San~a k,a, CA 92701 ACORD 25-5 (7/97) ":)";-C') C' ',1j D f1- r~, l-L I: ""S SHOULD ANY OFTl-!E ABOVE DESCRIBEu ~OLICICS BE CANCELLED BEFORE THE. EX~tR.\T101ll DATE. THEREOF. THE ISSUINC INSURER WILL ~."'A1L ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NA....=.OTO THE LEF"C{~L =""""""lQOO(=~OG( AUTHORI l:. .-0,- Coll:1009493 7pl:247939 Cert:4438444 J ~ UUIl . -.J ............. 1 'U"" ........... -.J..... "" " JUN-03-2004 THU 08:20 AM FAX NO. P. 05 " EXHIBIT D ADDmONAL I/IlSURlm ENDORSEMRNT FOR COMMP:RCIAL OENllRAI. LIABILITY POIlCY Insurance CompallY IfA~ rf'iT,d p:jhr IMtlrAlvUii 0. Tb~ tndonementlllodilic.s sueh iAsurauee IS is afforded by the pnlvisions of Policy N 7~I/II"vftlpJ'2-1 n:laliIlstothcfoUowing: 1. The City ofSantil Ana, 20 Civic Center plaza. Santa Ana, California 92701; illl officer.. employees, &gelllS. ~IUDlftra and ",presentative. tue named lIS additional illSU1'eds I . ('addilional insured4") with reaard to liability and defense of suirs ariaina from the opuatiODJ and uses perIonncd by or on behalf of the nllll\ed insured. 2. With mpeCllo elainu aridna oUI ofth. operations and uses perronned by oron behalf of the ruU:ned Insund. .""b Insurance as is afforded by!hio policy iJ prillW')' ancl is nol additiollli to Of contributing witluny otherinsurance camed by Of for the benefit of the additionallns~. 3. Th!I insurance applies separately to each hUlIIed agaillll whom claim io made or suit is broughl Cl<C<'pf wilbresp"'" to the comptJly'olimits of liability. . The inclusion of any peroon or orgllllization as an insured shall not affect any right which sUch persOll Of Or811\iza!iOIl would have IS a claimant ifnolso included. 4. With rupeetto the additional insureds, thio inSUl8llce shAll not be c_clled, or mstoriaUy reduced in coverase or limits except after thlny (30) clays written notice Iw been given 10 the Clerk oflhe Council. Cily of SIflIa Ana. 20 Civic Center Plaza, Sanla Ana, California 92701. (Completion of rh. following. includinll COUDlerli,nalure. io required to malt. lhia endora.m02lt effective.) Effective Policy ISi\lCdlo Ibis endol'lCUllnl fOnD ... a pan of ~ Cow'llcraigned by 9 , r" ' 3f]lJEPR LASlCOWSICI , WIUIIIlSlt AII0 llISUWU ....ICII Of UlS AIlGt1D . ndf4Oll.'....CA.I_12U III :iai 541-75llO . 'II' ('11) 55202031 , llA Dtpl. of ..... 10371711 ' , .. ~. jkO ((~, r c \< i I , ACtJRD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE 09/27/2004 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE INSURED Tetra Tech, Inc. INSURER A: American International Special tv Lines In 26883-000 17770 Cartwright Rd. Bte. 500 INSURER B: Irvine, CA 92614-5850 INSURER c: A ~~Do4-Dl't INSURER D: , INSURER E: COVERAGES THE POLICIES OF INSURANCE L1STEO BELOW HAVE BEEN ISSUEO TO THE INSUREO NAMEO ABOVE FOR THE POLICY PERIOD INDICATEO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORD EO BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~~: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ~NERAL L1ABIL.ITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire} $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ I-- PERSONAL & ADV lNJURY $ I-- GENERAL AGGREGATE $ ~.~ AGGREGATE LIMIT APPlS ~ER; PRODUCTS. COMPIOP AGG $ POLICY II ~~R,: LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccident) - - ALLOWNEDAUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ - - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - ~~ ..,,,I)'to., PROPERTY DAMAGE $ (Per accident) ~AGE LIABILITY A. .'l<'\) V J.>V n. AUTO ONLY. EA ACCIDENT $ ANY AUTO ~8d t, OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY , Laura St-:.U ':;tccdy EACH OCCURRENCE $ :::rOCCUR D CLAIMS MADE AS~l.sta;}t Cit Attor:>.cy AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~~m~" I IOJ~- EMPLOYERS' LIABILITY EL EACH ACCIDENT $ E.L. DISEASE. EA EMPLOYEE $ E.L. DISEASE. POLICY LIMIT $ A OTHER 1952583 10/172004 10{1{2005 $5,000,000 Each Claim I Professional $5,000,000 Aggregate Pollution/E&O Legal Liab. $ 250,000 Retention Claim Max. Claim durin" "olic~ vear DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: on call projects 597.0082 CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFQtIUfXJa.lUB,'.~L 1IMIN!!I!"Vi1Ii'V\VIVN__~JiJI: City of Santa Ana lIDX 20 Civic Center Plaza M-36 A7i=PRh~ Santa Ana, CA 92702 ACORD 25-5 (7/97) Coll: 1099612 T 1:301963 Cert:4810e84 @ACORDCORPORATION 1988 p rMP( . Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in iieu of such endorsement(s). If SUBROGATION IS WAiVED, subject to the terms and conditions of the poiicy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies iisted thereon. ACORD 25-5 (7/97) Coll:1099612 Tpl:301963 Cert:4810684