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HomeMy WebLinkAboutTETRA TECH, INC. 4B - 2010A- 2010 -055 INSURANCE ON FILE WORK MAY PROCEED UNTIL IN URAN E EXPIRES SECOND AMENDMENT TO CLERK QF /C /U CI CONSULTANT AGREEMENT D. In accordance with the terms and conditions of said Agreement, the parties wish to amend said agreement to provide for additional services and compensation to pay for those additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to read, in full, as follows: "Consultant shall prepare plans, specifications and cost estimates, and provide construction support services for improvements to the City's sewer lift station, as set forth in Consultant's Proposal, attached as Exhibit A to said Agreement. Consultant shall investigate and provide soil handling and disposal requirements to be incorporated into the construction documents for the Lift Station, as set forth in Exhibit A -1, attached hereto. Consultant shall provide technical support for preparation of the Environmental Impact Report and revise the Plans and Specifications to incorporate mitigation measures identified in the EIR and update electrical submittals, as detailed in THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on April 5, 2010, by and between Tetra Tech, Inc., a Delaware corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). o RECITALS: A. The parties entered into Agreement A- 2005 -142, dated June 20, 2005, (hereinafter "said Agreement ") by which Consultant has provided engineering and construction LJ1 support services for the City's San Lorenzo Sewer Lift Station. T — B. By Amendment A- 2006 -107, dated May 1, 2006, the parties amended said ` Agreement to include additional services related to the preparation of the construction documents. C. The City is now commencing environmental review of the lift station project and desires that Consultant provide technical support in the preparation of the Environmental Impact Report, incorporate mitigation measures into the project plans and specifications as identified in the EIR, and update electrical plans and specifications to incorporate code changes since the commencement of the Project. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend said agreement to provide for additional services and compensation to pay for those additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to read, in full, as follows: "Consultant shall prepare plans, specifications and cost estimates, and provide construction support services for improvements to the City's sewer lift station, as set forth in Consultant's Proposal, attached as Exhibit A to said Agreement. Consultant shall investigate and provide soil handling and disposal requirements to be incorporated into the construction documents for the Lift Station, as set forth in Exhibit A -1, attached hereto. Consultant shall provide technical support for preparation of the Environmental Impact Report and revise the Plans and Specifications to incorporate mitigation measures identified in the EIR and update electrical submittals, as detailed in Consultant's proposal attached as Exhibit A -2, attached hereto and incorporated by reference." 2. Section 2.a., COMPENSATION, shall be amended to provide that the compensation for services provided pursuant to this Second Amendment shall not exceed $37,000, as set forth in Exhibit A -2, attached hereto. The total amount to be expended pursuant to said Agreement, as amended, shall not exceed $309,000.00. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: MARIA D. HUiZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: La ra Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager TETRA TECH, INC. TOM EPPE4AON, RE Divisional Vice President EXHIBIT A -2 SCOPE OF SERVICES RELATED TO ENVIRONMENTAL REVIEW AND UPDATING ELECTRICAL DOCUMENTS OTETRATECH EXHIBIT A -2 SECOND AMENDMENT TO CONTRACT San Lorenzo Sewage Lift Station Agreement No. A -2005 -142 Additional Services Request BACKGROUND Tetra Tech has been working with the City on the San Lorenzo Sewage Lift Station Project since June 2005 under Consultant Agreement No. A -2005 -142. Amendment No. A- 2006 -107 was approved on May 2006 and provided for additional geotechnical services to handle hazardous materials and the preparation of renderings. The City approved an additional services request dated July 17`h, 2007 which provided for the following: additional structural modifications; additional plan check and permit effort; additional construction phase support due to the structural modifications; and delay in construction phase support (assumed construction would be completed by December 2009). Tetra Tech completed the plans and specifications in March 2009. The City of Santa Ana is now proceeding with the preparation of an EIR for the project. The City is requesting Tetra Tech to provide some assistance during the EIR process, as well as some additional work on the Plans and Specifications. By this correspondence, Tetra Tech is requesting the City increase the approved budget to compensate us for these additional services. ADDITIONAL SERVICES Task No. 1: EIR Assistance. Tetra Tech will provide assistance to the City's environmental firm (T &B Planning) with the preparation of the EIR. The total time frame including public review periods is estimated to be ten (10) months. We have assumed the following level of effort on a monthly average will be required: one (1) hour of a Senior Project Manager (Tom Epperson) and one (1) hour of a Project Manager/Engineer (Mark Bush) for the ten (10) month duration. In addition, Tetra Tech will provide written responses to all public comments on engineering issues. We are requesting a budget of $8,700 for this additional service. Task No. 2: Attend EIR Meetings. We are assuming that Tetra Tech will be requested to attend three (3) meetings with T &B to discuss the project and respond to specific items of concern (project overview meeting; meeting to discuss major issues; and meeting to discuss response to public comments). We are requesting a budget of $2,100 for this additional service. Task No. 3: Estimate Construction Durations for Various Stages of Construction. Tetra Tech will provide estimate of construction duration for the various stages of construction (i.e.: excavation of wet well and dry pit; construction of underground portion of lift station; permanent westbound lane closure on Segerstrom Ave.; construction of above ground portion of building; construction of gravity sewers and force main; and demolition of old lift station). We are requesting budget of $1,700 for this additional service. -zr.. Tech, 1= r.. 16241 L ?gun? Car,yorl' Read. Suite 20� . Irnne. CA 92':18 ^49.727.7x393 F;x 94:3.727 7097 :,anv ;etratech-com OTETRA TECH Exhibit "A" San Lorenzo Sewage Lift Station — Additional Services Request Page 2 Task No. 4: Estimate Truck/Equipment For Various Stages of Construction. Tetra Tech will provide estimate of the number and types of vehicles /equipment required for the various stages of construction. We are requesting a budget of $1,400 for this additional service. Task No. 5: Respond to Request for Additional Information. Tetra Tech will provide additional information as requested on construction methods, odor control system, etc. This is in addition to the normal question/answers included in Task No. 1. We are requesting a budget of $3,800 for this additional service. Task No. 6: Update Electrical Plans and Resubmit far Electrical Permit. Tetra Tech will update the electrical plans to incorporate any code changes and resubmit for electrical permit. The electrical plans were completed based on California Code 2007. The comments from the first electrical plan check comments were already taken care of. Therefore, the level of effort to perform the updates should be minimal. We are assuming the major change that may be required will be performing the Title 24 energy calculations. We are requesting a budget of $6,200 for this additional service. Task No. 7: Incorporate Mitigation Measures into Plans and Specifications. Tetra Tech will revise the project plans, specifications and cost estimate to incorporate any additional mitigation measures identified in the final EIR. We are requesting a budget of $1,500 for this additional service. Task No. 8: Preliminary Layout and Cost to Move Building. Tetra Tech was requested to prepare a preliminary layout and construction cost estimate to move the building out of the existing adjacent property. This work was performed to assist the City in the acquisition of the proposed easement. We are requesting our budget be increased by $4,000 to compensate us for this additional work. Task No. 9: Update Specifications due to Delay. The EIR process will be delaying the completion of the plans and specifications until at least January 2011. This is a two year delay from the date of the previously signed plans and specifications. Tetra Tech will need to confirm the manufacturer/ equipment specifications to make sure the equipment model/type specified is still available and appropriate. We are requesting a budget of $2,000 for this additional service. Task No. 10: Delay in Construction Phase Support. The original proposal assumed construction would be completed by June 2007. Our July 17`t', 2007 approved extra increased our budget for construction phase support assuming would be completed by December 2009. Based on the estimated schedule of completing the EIR by early 2011, we are estimating that construction of the project will not be completed until end of 2012. This additional three year delay will impact the assumed cost to perform the construction support services. Our current approved Construction Phase Support budget is $47,400 (original proposal in amount of $43,100 and additional $4,300 per July 17`h, 2007 approved extra). We are requesting a 12% increase in the construction phase support to compensate Tetra Tech for this three year delay, or an increase of $5,600. With this increase, our Construction Phase Support Budget will be $53,000. NTETRA TECH Exhibit "A" San Lorenzo Sewage Lift Station - Additional Services Request Page 3 SUMMARY Tetra Tech will provide the additional services described above on an hourly basis with the following total not-to-exceed amount: In summary, we are requesting the City approve the above increase in our budget for the project. The revised not-to-exceed authorization budget for the San Lorenzo Sewage Lift Station will be increased from $262,250 (original amount of $220,000 plus $19,250 for Amendment No. I plus $23,000 for July 17'h, 2007 extra) to $299,250. b I EIR Assistance 8,700 2 Attend EIR Meetings 2,100 3 Estimate Construction Durations 1,700 4 Estimate Trunck/Equipment 1,400 5 Respond to Request for Additional Information 3,800 6 Update Electrical Plans & Resubmit for Electrical Permit $ 6,200 7 Incorporate Mitigation Measures $ 1,500 9 Layout and Cost to Move Building $ 4,000 9 -Preliminary Update Specifications due to Delay $ 2,000 10 Delay In Construction Phase Support L-5 600 TTotal Not-Exceed Amount $ 37,000 In summary, we are requesting the City approve the above increase in our budget for the project. The revised not-to-exceed authorization budget for the San Lorenzo Sewage Lift Station will be increased from $262,250 (original amount of $220,000 plus $19,250 for Amendment No. I plus $23,000 for July 17'h, 2007 extra) to $299,250. 4-2006-177 1/ 300 V, PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. CERTIFICATE OF LIABILITY INSURANCE DATE ) 10 /06/200 PRODUCER Aon Risk Insurance Services West, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY POLICY NUMBER Los Angeles CA Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS L.BMTTS 707 Wilshire Boulevard CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Suite 2600 Los Angeles CA 90017 -0460 USA COVERAGE AFFORDED BY THE POLICIES BELOW. o i AFFORDING COVERAGE NAIC N 7n1� 12 M W PHoNE- 866 283 -7122 FAx- 847 953 -5390 10/01/2009 10/01/2010 EACH OCCURRENCE INSURED INSURERA:, American International Specialty Lines 26883 •• Tetra Tech, Inc. CIT I i R+SImio4' Insurance Company of the State of PA 19429 16241 Laguna Canyon Rd. ,, C�-L` CLAIMS MADE ® OCCUR X X, c, u coverage INSURER C: National union Fire Ins co of Pittsburgh 19445 Irvine CA 92618 USA PREMISES (Ea oecwmnce) one Penoo INSURER D: Lexington Insurance Company 19437 51,000.000 INSURER E: p rAVF.RAV.F.q CTR annliot nar tarmt and rnnditinnt of rho nnliry THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTR INSIM TYPE OF RISURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION L.BMTTS ATC M DA M/DD/YYYY C KRALLIABtLrrY GL4376193 10/01/2009 10/01/2010 EACH OCCURRENCE 5110001000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000 CLAIMS MADE ® OCCUR X X, c, u coverage PREMISES (Ea oecwmnce) one Penoo , PERSONAL R ADV INJURY 51,000.000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY ® PRO. ❑ IECT X LOC PRODUCTS - COMP/OP AGO S2,000,000 C AUTOMOBILE IABafTY CA 826 33 86 10/01/2009 1010112010 COMBINED SINGLE LIMIT X ANY AUTO (EA -C dwa) S2,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS X HIRED AUTOS APPROVED `l S " i V 1" ( * 1 V>I BODILY INJURY NON OWNED AUTOS (Per acewent) PROPERTY DAMAGE (Per eoeilmn) - .0 / d GARAGE L/ABILnrY AS515 n ity AttorneN AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC H AUTO ONLY AGG A EXCESS / UMBRELLA LIAB1LrrY TH0900029 10/01/200 EACH OCCURRENCE © OCCUR [] CLAIMS MADE AGGREGATE S5.000,000 DEDUCTIBLE RETENTION 5100,000 WORKLRS COMPENSATION AND EMH.OYERS' LIABe.ITY WC6987927 10/01/2009 10/01/2010 X C STATU- OTH- E.L. EACH ACCIDENT 51.000.000 [A ANY PROPRIETOR/ PARTNER/ EXECUTIVE %p(%2RR�,M R) EXCLUDED! (Mu4tary H NH) If da crim miler SPECIAL PROVISIONS below E.L. DISEASE-EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT S110001000 OIH contractor Prof COPs1952583 Prof /Poll Liab 10/01/200 Each [lain 55, 000 , Agggregate $5,000,000 Deductible 5250,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: On -call Engineering Design services for Water and Sewer Main Improvement Project The City of Santa Ana, 20 civic center Plaza, Santa Ana, CA 92701, its officers, employees, agents, volunteers and representatives are included as Additional Insured as respects to General Liability as required by contract. coverage is Primary and CEKFIFICATE HOLDER CANCELLATION city of Santa Ana - Public works Agency SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEPORE THE EXPIRATION Attn: Cesar E. Barrera DATE THEREOF, THE ISSUING INSURER WILL 8J864Y911*9 MAIL Asst. Engineer 11 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 220 S. Daisy Avenue, M -85 Santa Ana CA 92702 USA AUTHORIZED REPRESENTATIVE ACORD ZS (2009/01) 01988 -2099 ACORD CORPORATION. All righ"esey4 The ACORD Game and logo are regbtered marlin of ACORD W 00 V N l0 v �o M O O a` v, e u V Q 1: V 'CCO CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/1'Yl'Y) t0/03/20t1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certlflcata holder is an ADDITIONAL INSURED, the pollcy(les) must ba endorsed. If SUBROGATION IS WAIVED, subJect to the terms and wndltlons of the policy, cartaln policies may require an endorsement. A statement on this cartiflcate doss not confer rights to the cartlflcate holder In Ileu of such sndorsamant(s). PRODUCER AOn Risk Insurance SerVl CeS West, Inc. LOS Angel es CA Offi ce CONTACT NAME, (A/G Ne. EzU_ <S 661 283 -7122 F� No C847J 953 -5390 E-MAIL 707 wi l shi re Boulevard Sui Le 2600 ADDRESS: LOS Angeles CA 90017 -0460 USA INSURER(3) AFFORDING COVERAGE NAIC # INSURED INSURER A: NatlOnal Uni On Fl re Ina CO Of Pittsburgh 1944$ Tetra Tech, Inc. 3475 E. Foothill Boulevard INSURER B: Insurance Company Of Lhe State Of PA 19429 INSURER C: Chartis Specialty Insurance Company 26883 Pasadena CA 91107 -6024 USA PREMISES Ea occurrence INSURER D: LeXI ngLOn Insurance Company 19437 INSURER E: X X,C,U Coverage INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER M OD MM/DD LIMITS A GENERAL LIABILITY Santa Ana cA 92703 u5A GL EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR PREMISES Ea occurrence E1, 000, 000 MED EXP (Any one person) $lO, 000 X X,C,U Coverage PERSONAL 8 ADV INJURY $1, 000, OOO GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER_ PRODUCTS - COMP /OP AGG $ 2 , OOO , OOO POLICY X PRO- X LOC A AUTOMOBILE LIABILITY CA 170 7 78 1 Ol 2011 1 1 COMBINED SINGLE LIMIT $2 , 000 , 000 BODILY INJURY (Par person) X ANV AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS BODILY INJURY (Par eccitlant) PROPERTY DAMAGE Par accitlan[ D X UMBRELLA LIAB X OCCUR THIIOOO27 10/01/201110/01 /2012 EACH OCCURRENCE $$,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ $ , 000 , 000 DED RETENTION B B B WORKERS COMPENSATION AND EMPLOYERS'LIABILrlY Y/N OFFICER/MEM ER /F,(OLUDEDi EXECUTIVE � N/A WC20635697 WC2063 $698 wC20635699 10 O1 201110 10/Ol/201110/Ol/2012 10/Ol/201110/01/2012 O1 2012 WC STATU- OTH- X TORY LIMITS EL EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $l, 000, 000 (Mantlatory In NN) If es, tlascriba untlar DESCRIPTION OF OPERATIONS below E L DISEASE- POLICY LIMIT $1, 000, 000 D Contractor Prof COP51952583 10/01/2011 10/01/2012 Each cl sin 5,000,000 Prof /Poll Li ab Agggre9aie $5,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (AUach ACORD 101, Atltlltlonal Remarks Scnatlula, If more apace la regral[pj�T ^ yr �l A � �^ � ^�y yi q Stop Gap coverage for the following states: OH, WA, WY. / \t�l�t =(j Y] l rl <J `J `lVl \_ �- _ _ Laura St: Li Sh e y ,�SS15 Ca DI C1Ly AY[OrIIC }' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WRH THE POLICY PROVISIONS. Cl Ly Of Santa And AUTHORIZED REPRESEMATNE Public Works Agency Attn: Steve WOrrall 220 5- Daley Avenue Santa Ana cA 92703 u5A �s ftQrsf6�s sLSS�SA 6Orr faa ®1988 -20'10 ACORD CORPORATION. All rights reserved - ACORD 25 (20'10/05) The ACORD name and logo erg registered marks of ACORD `m c c m V 'a O Z �l �� ��r� q0 rl d U ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company National Limon Fire Insurance Company ofPittsbureh. PA This endorsement modifies such insurance as is afforded by the provisions of Policy # GL487- 1 1 -70 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; 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 ariy right which such person or organization -•� would have as a cl'aim.ant_ifriot 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 San #a`Ana, 2 "O Civic Center Plaza, Santa Ana, California 92701 . (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 10/01/2011 _ #his endorsement form as a part of Policy # GL487 -11 -70 Issued to Tetra Tech Inc. Named Insured Countersigned by uthorized Represen a ive