HomeMy WebLinkAbout2004 CON Tetra Tech - Engineering Inspection Services Streets FY 03-04ORIGINAL
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
TETRA TECH INC.
THIS AGREEMENT is entered into this 7 day of September, 2004, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Tetra Tech
Engineering Inc. (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to perform inspection
services for the National City Street Resurfacing Project, FY 03-04.
WHEREAS, the CITY has determined that the CONTRACTOR is a firm
specializing in inspection work, and is qualified by experience and ability to perform the services
desired by the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit A.
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 10% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego,
Associate Engineer -Civil, hereby is designated as the Project Coordinator for the CITY and will
3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego,
Associate Engineer -Civil, hereby is designated as the Project Coordinator for the CITY and will
monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single
Project Director to provide supervision and have overall responsibility for the progress and
execution of this Agreement for the CONTRACTOR. Brad Nguyen, P. E., Project Manager
thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit A shall not exceed the amounts described in the
professional fees section of the attached Exhibit A (the Base amount) without prior written
authorization from the Project Coordinator. Monthly invoices will be processed for payment and
remitted within thirty (30) days from receipt of invoice, provided that work is accomplished
consistent with Exhibit A as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY
and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. The length of this agreement shall be
(150) one hundred and fifty working days from the date the agreement is entered. Therefore the
final report shall be submitted no later than Thursday, April 14, 2005.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer,. or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability
to the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the
CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent
that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any
manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR,
its agents, servants, and employees are as to the CITY wholly independent contractors and that
the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each
of its subcontractors, shall obtain and maintain a current City of National City business license
prior to and during performance of any work within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants that
the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term
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of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONTRACTOR'S trade or profession currently practicing under
similar conditions and in similar locations. The CONTRACTOR shall take all special
precautions necessary to protect the CONTRACTOR's employees and members of the public
from risk of harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
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CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers,
employees, and appointed volunteers against and from any and all liability, loss, defense cost,
damages to property, injuries to, or death of any person or persons, and all claims, demands,
suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or arising
out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct
performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury
and property damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
x
employees.
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E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and appointed volunteers, so that any other policies held by the CITY
shall not contribute to any Loss under said insurance. Said policies shall provide for thirty (30)
days prior written notice to the CITY of cancellation or material change ten (10) days if
cancellation is for nonpayment of premiums.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgement or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof and the amount of controversy does not exceed $25,000,
the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego,
California, in accordance with the Commercial Mediation Rules of the American Arbitration
Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne
equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or
breach thereof that does not exceed $25,000 and which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
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Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
19. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
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To the CITY:
To the CONTRACTOR:
Stephen M. Kirkpatrick
Acting Director of Public Works/Engineering
City of National City
1243 National City Boulevard
National City, CA 91950
Jim Jaska
President
Tetra Tech Inc.
10815 Rancho Bernardo Rd. Ste. 200
San Diego, CA 92127
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
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C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The following Exhibits attached hereto are hereby
incorporated herein by this reference for all purposes.
• Exhibit A — Scope of Services and Fee Schedule
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
Stephen M. it
Acting Dire
Works/Engineering
patrick,
of Public
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
TETRA TECH ENGINEERING INC.
(Two signatures required)
By:
By:
(Name)
/1447 fad'_
itle)
(Title)
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EXHIBIT "A"
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TETRA TECH, INC.
August 24, 2004
Mr. Albert Griego
Engineering Department
City of National City
1243 National City Boulevard
National City, CA 91950
Reference: Proposal for Inspection Services for the National City Street Resurfacing
Improvement Project
Dear Mr. Griego:
Tetra Tech, Inc. is pleased to submit our proposal to provide inspection services for the National City
Street Resurfacing Improvement Project. Tetra Tech's experience in providing inspection services
for municipalities as well as previous experience with the City makes us well qualified for the project.
Mr. Brad Nguyen will serve as Project Manager. He is a Registered Civil Engineer, and will be
responsible of supervising the inspection services and the adequacy of the background and experience
of the inspector.
As Construction Inspector, we currently have two candidates for the position, John Quenga and
Sergio Avila. Depending on the start date of the job and their availablity, the City will have the
opportunity to select one of these inspectors or others provided by Tetra Tech for the job. The
selected inspector will be responsible in performing the inspection services. They both have
performed previous inspection tasks for the City and is familiar with the City's inspection
requirements and procedures.
The following is a detailed Scope of Work that is based upon the City's anticipated need for this
project:
SCOPE OF WORK
The inspection services shall be provided in accordance with the City of National City's construction
administration procedures. Tetra Tech shall meet with the City staff and obtain the documents that
need to be used during construction inspection. There will be special requirements for the federal -aid
projects. The proper forms shall be used for providing daily reports, payroll log sheets, interviews,
etc.
The major inspection services can be outlined as follows:
1. Daily Construction Inspection shall be required for comprehensive compliance with the contract
documents.
10815 Rancho Bernardo Road, Suite 200, San Diego, CA 92127
Tel 858.673.5505 Fax 858.673.1610
www.tetratech.com
TETRA TECH, INC.
Mr. Albert Griego
City of National City
August 24, 2004
Page 2
2. The Construction Inspector shall attend the pre -construction conference.
3. The construction inspection shall include the preparation of daily reports. The daily reports are to
include a listing of the men and equipment on site and the work completed each day. The daily
report shall follow the City's standard format.
4. Every Friday the Construction Inspector shall prepare summary report of work completed during
the week. This report shall be in sufficient detail to allow comparison to Contractor's weekly
submittal of required 15-day look ahead schedule.
5. The Construction Inspector will also assist the City's Project Manager as required to determine
percentage of work completed for reconciling progress payments. Daily reports shall include all
information necessary to determine quantity of work complete according to categories listed on
bid sheet for items other than the construction work items. The work shall be compared against
the required submittal of contractor's schedule of values breakdown. The inspector shall review
and pre -approved the Contractor's progress estimates based on the completed work in the field
prior to submittal of the invoices by the Contractor. The inspector shall complete the payroll
employee log sheets based on the listing of the men worked on the job site daily.
6. The Construction Inspector shall conduct random interviews with the construction employees
(use the standard form).
7. Attendance at weekly meetings with the Contractor by the Construction Inspector will be
required. The meetings will be held on the construction site. City representative will request to
have random meetings during the construction period with the City regarding the payrolls and
other items on the work progress.
8. The Construction Inspector performing the inspection services shall be under the supervision of a
Registered Civil Engineer employed by Tetra Tech. The adequacy of the background and
experience of the inspector to perform the inspection services as required will be the
responsibility of the Registered Engineer.
9. The Construction Inspector's time sheets shall be submitted to the City biweekly. The Registered
Civil Engineer shall certify by signature that the time sheets are correct.
10. The inspector will be required to direct project management type issues/inquiries to the City's
Project Manager.
TETRA TECH, INC.
Mr. Albert Griego
City of National City
August 24, 2004
Page 3
FEE ESTIMATE
We have attached our hourly fee estimate to complete these services similar to previous inspection
services contract with the City. The fee estimate is based on a 90 working day construction contract.
We are excited at the prospect of providing these services to the City of National City and look
forward to continuing working with you on this most important project. Please contact me at (858)
673-5505 if you have any questions.
Sincerely,
Brad Nguyen, P.E.
Project Manager
FEE PROPOSAL
CITY OF NATIONAL CITY
NATIONAL CITY STREET RESURFACING PROJECT
SPEC. NO. 03-11
PREPARED BY: TETRA TECH, INC.
DATE: July 23, 2004
PROJ
MGR
CONST
INSP
WORD
PROC
TOTAL
LABOR
HOURS
TOTAL
LABOR
COSTS
DIRECT
COSTS
TOTAL
COST
$140.00
$78.00
$52.00
INSPECTION
SERVICES
1
Daily Construction Inspection (90 working days x 8hrs = 720hrs)
720
720
$56,160
$800
$56,960
2
Additional Inspection Hours (90 working days x lhr = 90hrs)
90
90
$7,020
$7,020
3
Pre Job and Job Closeout (2 day prejob and 4 days jobcloseout)
48
48
$3,744
$50
$3,794
4
RCE Supervision (Ihr per week x 19 weeks = 19hrs)
19
8
27
$3,076
$3,076
SUBTOTAL
19
858
8
885
$70,000
$850
$70,850
TOTAL NOT TO EXCEED AMOUNT
$70,850
National City Prosposal Fce.xls 1
8/24/2004
Nit
TETRA TECH, INC.
John Quenga
Senior Construction Observer
EDUCATION:
Grossmont and San Diego City
Colleges - Material Strengths &
Processes, Math, Soils, Supervision,
Uniform Building Codes (UBC),
Blueprint Reading, and Drafting)
U.S. Navy Engineering
Correspondence and Leadership
Program
CERTIFICATIONS/AWARDS
City of San Diego Academy 2000
(1994)
Caltrans Safety Training (1996)
Mr. Quenga has thirty-two years of extensive experience in the
engineering and construction industry. Professional knowledge
includes construction management, inspection, design, supervision,
and quality control.
SUMMARY OF RELATED EXPERIENCE:
• Removal of Woden Pedestrian Bridge, City of National City —
Inspector for the demolition and removal of a steel span bridge.
Coordinated work with the US Navy and BNSF Railroad.
• Soundwalls, Caltrans District 7 — Assistant Resident Engineer
for soundwalls on CIDH piles.
• Route 94 Rehablilitation, Caltrans District 11 — Assistant
Resident Engineer for Route 94 rehabilitation, which included
PCC grinding, MBGR, AC/Base,etc. Collateral duties: WPCP
Monitor, safety reports.
• Bridge Retrofit Project, Caltrans District 11, San Diego, CA —
Assistant Resident Engineer for bridge seismic retrofits.
Retrofits consisted of steel casings, built-up columns, enlarged
reinforced footings, footings with piles, and bolsters.
Inspection responsibilities included all field materials (i.e.;
rebar, rebar couplers, steeLlpvc pipe, concrete, etc.) and their
accompanying authentication (i.e.; certifications, reports, etc.).
Other responsibilities included reporting writing (i.e.; daily
work, welding, materials, SWPP, CCO's, etc.) monthly
estimate, safety, traffic control and communicating with the
public and local agencies regarding the work. Below lists
some retrofit locations.
• Interstate 805 from the San Diego border north to Adams
Avenue: Orange Avenue, H Street, and Adams Avenue.
• Interstate 805 and Route 94 ramps: Southbound 805 to 94 East,
94 westbound to South 805 and northbound 805 to West 94.
• Interstate 5 from San Diego border north to Coronado Avenue:
Border pedestrian bridge, Camino de la Plaza, and Coronado
Avenue.
• City of San Diego - Engineering Department Resident
Engineer; Engineering Department Maps and Records
Supervisor; Building Department Plan Check; Building
Department Permit Issuance.
• Roadway Projects, City of San Diego — Resident Engineer.
Enforced Standard Specifications for public works
construction and regional standard drawings. Plans and
specifications included mass grading, underground and at
grade improvements. Locations included: Meadowbrook
Drive — new roadway; La Jolla Village Drive — Widening Reo
Drive Ramp to Route 54 eastbound; Beyer Boulevard —
Widening numerous subdivision work for new streets.
IAProp 2004Wational City Proposal Quenga.doe Page 1 of 1
07/09/02R g
mit
TETRA TECH, INC.
Sergio Avila Mr. Avila has State highway, commercial, private and public
Senior Construction Observer work construction experience.
EDUCATION:
Arroyo High School
El Monte, Ca
Class of 1994
SUMMARY OF RELATED EXPERIENCE:
Tetra Tech Inc. - National City (2003), Project # (02-03)
Inspector for Misc. Concrete Improvement at various locations
For the very large curb, gutter, sidewalk, and pedestrian ramp for
ADA requirements
Tetra Tech Inc. - County of San Diego, Ca. (2003)
Inspector for very large rubberized crack sealant for various streets.
Road closer enforcement of Cal Trans plan. The projects required
the inspection and enforcement of plans and specifications and
special provision for the county of operation Center of San Diego
County.
Willdan - City of Norwalk, Ca. Project # 2595 (2001-2003)
Inspector for the cold milling and rubberized asphalt overlay
rehabilitation of pavement. The project required the inspection and
enforcement of Cal Trans plans and specification for the placement
4,300 tons of rubberized asphalt on Imperial Highway.
Willdan - City of Paramount, Ca Sidewalk Improvement Project #
9231 & 9232/ CDBG # 01-0012
Inspector for the very large curb, gutter, sidewalk replacement
project, cold milling, and rubberized asphalt overlay of various
streets. The project required the inspection and enforcement of
plans and specification and Special Provisions for the City of
Paramount, Ca.
Willdan, Sacramento, Ca - Federal Aid Project # STPL 5322 (021)
Inspector for $ 13 Million cold milling and rubberized as asphalt
overlay project for the City of Fremont, Ca. The project required the
inspection and enforcement of Cal Trans plans and specifications
for the placement of 96,600 tons rubberized asphalt.
Jacobson Engineering Construction, Palm Desert, Ca. (1999-2001)
Labor Foreman overseeing a crew of construction laborers for
various projects such as Eisenhower Hospital, PGA Golf and
Country Club, La Quinta Auto Center, Century 21 Homes and other
projects. The work included rough and finish asphalt paving, water,
sewer, and storm drains.
Manhole Adjusting, Pico Rivera, Ca (1997-1999)
Traffic Control Lead man/ Laborer
Set up a coordinated traffic control for the smooth flow of both
construction equipment and the general public for an $8 Million
cold in place recycling and rubberized overlay projects for the City
of El Centro, Ca. Other projects included chip seal application to
various streets for the City of Victorville, Palmdale, San Diego,
Whittier, Hemet, Arcadia, Pomona, and Rosemead.
I\Prop 2004Wational City Proposal Avila.doc Page 1 of 1
07/09/02R
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
September 14, 2004
Jim Jaska, President
Tetra Tech Inc
10815 Rancho Bernardo Road Ste 200
San Diego CA 92127
Dear Mr. Jaska,
On September 7, 2004, Resolution No. 2004-166 was passed and adopted
by the City Council of the City of National City, authorizing the Acting
Director of Public Works/Engineering to execute an agreement with Tetra
Tech Engineering, Inc.
We are forwarding a certified copy of the above Resolution and one fully
executed original agreement.
Michael R. Dalla, CMC
City Clerk
MRD/mla
Enclosure
cc: Public Works/Engineering
File No. C2001-15
g) Recycled Paper
X N/A
Approved By:
City of National City, California
COUNCIL AGENDA STATEMENT
September 7, 2004
,+1EETING DATE
c2 00f
-(S
AGENDA ITEM NO. 2
ITEM TITLE Resolution approving a supplemental agreement with Tetra Tech Engineering, Inc. to provide the
City with Engineering Inspection Services, in the "Not to Exceed" the amount of $70,850.00 for the National City
Resurfacing Project, FY 03-04, Specification No. 03-11, and authorizing the Acting Director of Public
Works/Engineering Depai t lent to execute the agreement.
PREPARED BY
EXPLANATION
Alberto Griego
336-4386
DEPARTMENT
See Attached Explanation
Public Works/Engineering
CEnvironmental Review
Financial Statement
i'
Financence Di
Directo
This agreement is for a "Not to Exceed" amount of $70,850.00.
Funds are available in Account No. 109-409-500-598-6035 and 307-409-500-598-6035.
Account No.
STAFF RECOMMENDATION
Adopt the Resolution. .0
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No. 200 7 - fL! &4
1. Resolution 3. Exhibit "A" proposal for Inspection Services
2. Proposed Supplemental Agreement tetra
A-200 (9/99)
Explanation:
On January 5, 2001 the City of National City issued a Request for Qualification seeking two Civil
Engineering Consultants to perform Civil Engineering Services for the various Capital Improvement
Projects. We received statements from eleven qualified firms of which Tetra Tech was selected as one of
the most qualified by experience and ability to perform the required services. On April 17, 2001 the City
Council issued resolution No. 2001-15 authorizing the Mayor to execute a multiyear contract with this
company.
On August 17, 2004, by resolution No. 2004-163, the City Council awarded a contract to Frank & Sons,
Inc. for the National City Street Resurfacing Project, FY 03-04.
Staff has considered that Tetra Tech Inc. can provide the inspection services for this project during
construction. Tetra Tech lately completed the inspection of the Miscellaneous Concrete Improvements
Project. Tetra Tech is familiar with the City's inspection requirements. The engineering services will
include the daily general inspection activities. Based upon the staffs request, Tetra Tech has a proposed
plan, outlined in Exhibit "A" of the supplemental agreement, to perform the required services. This scope
of work is consistent with the City's inspection needs.
The work can be accomplished through a Supplemental Agreement to the existing "As -needed"
contract. The final scope of work is attached as part of the Supplemental Agreement that is being
presented to the Council for approval. The fee for performing the work per the cost proposal is a "Not
to Exceed" amount of $ 70,850.0
RESOLUTION NO. 2004 —166
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING
TO EXECUTE AN AGREEMENT WITH TETRA TECH ENGINEERING, INC.
NOT TO EXCEED $70,850 FOR THE NATIONAL CITY RESURFACING PROJECT,
APPROVED BY CITY COUNCIL RESOLUTION NO. 2004-163 ON AUGUST 17, 2004
WHEREAS, the City desires to employ a consultant to provide inspection
services for the National City Street Resurfacing Project, FY 03-04; and
WHEREAS, the City has determined that Tetra Tech ASL, Inc. is a firm
specializing in inspection work, and is qualified by experience and ability to perform the
services desired by the City, and is willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Acting Public Works/Engineering Director is hereby authorized to
execute an Agreement with Tetra Tech Engineering, Inc. not to exceed $70,850, to
provide inspection services for the National City Resurfacing Project, FY 03-04,
approved by City Council Resolution No. 2004-163 on August 17, 2004. Said
Agreement is on file in the Office of the City Clerk.
PASSED AND ADOPTED this 7th day of September, 2004.
ickTnun 'Mayor
ATTEST:
Michel Dalla, ' ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
September 7, 2004, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
4
City
a
of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-166 of the City of National City, California, passed and
adopted by the Council of said City on September 7, 2004.
City Clerk of the City of National City, California
By:
Deputy