HomeMy WebLinkAbout2005 CON Tetra Tech - Design & Consulting Services FY 05-06 Resurfacing ProjectAGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
TETRA TECH INC.
THIS AGREEMENT is entered into this 19th day of April, 2005, 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
engineering design for the National City Street Resurfacing Project, FY 05-06.
WHEREAS, the CITY has determined that the CONTRACTOR is a firm
specializing in engineering 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
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 Wednesday, November 9, 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.
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
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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
of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
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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
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.
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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
employees.
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)
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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
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
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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:
To the CITY: Stephen M. Kirkpatrick
City Engineer
City of National City
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1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: 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.
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.
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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
By:
Stephen M. atrick,
City Engine
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
TETRA TECH ENGINEERING INC.
(Two signatures required)
B
By:
(Title)
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EXHIBIT "A"
TETRA TECH, INC.
April 6, 2005
Mr. Alberto Griego, Associate Engineer
City of National City - Engineering Department
1243 National City Boulevard
National City, CA 91950
PROPOSAL FOR THE STREET RESURFACING PROJECT, FY 05-06, SPEC. NO. 04-09
Dear Mr. Griego:
Tetra Tech appreciates this opportunity to submit this engineering proposal to the City of National City
(City) for the Street Resurfacing Project, FY 05-06. Our proposal has been specifically prepared in
response to the requirements discussed at our March 18, 2005 meeting.
We believe this work fits well within the services Tetra Tech provides. Our knowledge gained through
past experience makes us uniquely qualified to undertake the preparation of the desired final bid
documents, encompassing specifications, plan details, and cost estimates.
YOUR PROJECT
We have carefully reviewed the applicable documents provided, as well as discussed the components
of the project with you and your staff. Thus, we believe that we have an excellent understanding of
the goals of the City and objectives of the street resurfacing project. The project and an overview of
the work to be performed are identified as follows:
• The City has a budget of approximately 3 million dollars. 1 million for Part 1: Regular scheduled
maintenance and 2 million for Part 2: City limit entry ways.
• Street surface rehabilitation methods will be 2-inch minimum "Rubberized Asphalt" Overlay with
"Petro Mat" and/or Complete Removal and Replacement of structural section. Edge grinding at
the gutter lip and joins will be required for the overlay to match existing elevations.
• Pedestrian ramps shall be installed or if substandard replaced within the resurfacing limits.
• Damaged curb, gutter, cross -gutters, sidewalk, and driveways or alley aprons shall be replaced
within the resurfacing limits.
• Prepare Plan Details for areas requiring redesign to solve drainage or grade problems.
• Interfering Traffic loops and Striping shall be replaced. Thermoplastic shall be used to replace
Limit lines and Legends.
• The Bid Documents will be based on the City's standard boiler plate.
10215 .'RencHe Bernardo Road, :sv+Pe 200. CA 92127
Tel 858.673.5500 F. 858.67:S.7G10
art
TETRA TECH, INC.
Mr. Alberto Griego
City of National City — Engineer Department
April 6, 2005
Page 2
OUR APPROACH
Successful design and construction of the proposed street resurfacing project will require a well -
coordinated, multi -discipline approach. Tetra Tech has assembled a team of experienced engineers
and inspectors who have successfully designed and inspected similar street resurfacing projects and
arc ready to quickly mobilize to expedite the investigation and development of the desired bid
documents. The success of the project will be based on a design that:
■ Meets Budget Requirements
• Minimizes Traffic Impacts
■ Insures Proper Surface Restoration
• Is Sensitive to the Community
SCOPE OF WORK
Task 1 — Survey Street Condition
Tetra Tech will survey the condition of the attached list of streets for Part 1 and 2 provided by the
City. This will entail identifying and marking out pavement areas to be overlayed and/or removed
and replaced; pedestrian ramps to be installed or replaced; and curb, gutter, cross -gutters, sidewalk,
driveways or alley aprons to be replaced. Interfering Traffic Signal Loops will also be identified and
quantified. The location and quantities will be calculated and provided in Microsoft Excel.
1. a Part 1 Streets —. Tetra Tech will survey the condition of Part 1 regular scheduled maintenance
streets, which have 14 branches and is approximately 6,906 linear feet. Approximately 4,096 linear
feet will have to be done one side at a time because the wide street width of some branches.
1.b Part 2 Streets — Tetra Tech will survey the condition of Part 2 City entry way streets, which have
13 branches and is approximately 12,040 linear feet. Approximately 6,640 linear feet will have to be
done one side at a time because the wide street width of some branches.
Task 2 — Core Samples
Tetra Tech's subconsultant, Southern California Soil & Testing, Inc. will take up to 10 core
samples where complete removal and replacement is proposed. The existing structural section and R-
value of the existing subgradc will be identified, and a new replacement structural section will be
designed.
#1101.1•111.111.111
TETRA TECH, INC.
•
Mr. Alberto Griego
City of National City — Engineer Department
April 6, 2005
Page 3
Task 3 — Prepare Plan Details
3. a Survey — Tetra Tech will provide a design Survey for up to 4 locations for vertical and horizontal
control as may be required for the design details.
3.b Design Details — Tetra Tech will prepare Design Details for up to 4 locations requiring redesign
to solve drainage or grade problems.
Task 4 — Prepare Opinion of Probable Cost
Tetra Tech will submit an opinion of probable quantities and cost with the draft and final submittals.
The cost estimate will be prepared in Microsoft Excel. Unit costs will be estimated from the City's
Bid Summary from FY 03-04, Tetra Tech's prior experience, published data (e.g., Means), and
supplier material quotes.
4.a Part 1 Tetra Tech will prepare an opinion of probable quantities and cost for Part 1, which are
streets identified as regular scheduled maintenance. The quantities and cost will be limited to the 1
million dollar budget including a 15 percent contingency.
4.b Part 2 — Tetra Tech will prepare an opinion of probable quantities and cost for Part 2, which are
streets identified as City limit entry ways. The quantities and cost will be limited to the 2 million
dollar budget including a 15 percent contingency.
Task 5 — Prepare Bid Documents
Once a Notice to Proceed is issued, Tetra Tech will prepare bid documents for the street resurfacing
based upon the list of streets provided by the City. We will prepare draft bid documents for the City's
review and final bid documents for the City's approval.
5.a Contract Documents — Tetra Tech will prepare the contract documents based upon the City's
boiler plate. We will use the City's front-end documents, bid forms, and General Provisions.
5.b Special Provisions — Tetra Tech will prepare the special provisions based upon the City's boiler
plate. We will modify the Special Provisions to incorporate project -specific requirements and
required submittals.
5.c Appendices — Tetra Tech will prepare the Technical Appendices that will include a site plan,
locations and quantities of the street rehabilitation methods, standard drawings, and plan details.
Task 6 — Bid Support
Assistance will be provided by Tetra Tech during the bidding phase of the project. Anticipated
services include:
TETRA TECH, INC.
Mr. Alberto Griego
City of National City — Engineer Department
April 6, 2005
Page 4
6.a Review RFI's — Tetra Tech will respond to Requests. for Information during the bidding period.
6.b Prepare Addendums — Tetra Tech will prepare either City initiated or Contract clarification
Addendums.
6.c Attend Bid Opening — Tetra Tech will attend the Bid Opening.
6. d Review Bids — Tetra Tech will review bids received and make a recommendation for contract
award to the City.
PROJECT SCHEDULE
The proposed time schedule for completing the scope of work outlined is attached. We believe the
time frames set forth in our proposed schedule provide more than ample time to complete the tasks
identified in our scope of work, including review periods by the City.
FEE PROPOSAL
The estimate of consulting fees for preparation of the bid documents is attached. Our fee estimate has
been organized by task and labor category. Direct costs will include reproduction, postage,
automobile mileage, and other expenses directly related to the project. The City will be invoiced on a
monthly basis.
Final compensation and method of payment will be based upon the final scope of work and the terms
agreed upon between the City and Tetra Tech.
We are anxious to participate in the project, as well as the opportunity to continue our professional
relationship with the City. Members of the Tetra Tech Team offer both their personal and
professional commitment to serving the City, from project planning through construction completion.
We are proud of our past association with City staff, and look forward to continuing our professional
relationship. Our team stands ready to meet with you to elaborate on our qualifications and approach,
as well as answer any questions you may have.
Sincerely,
Brad Nguyen, P.E.
Project Manager
BN:amb
l_-\Prop 20051p017bn doe
Attachment
List of Streets to be Resurfaced for Fiscal Year 2005-2006
BRANCH
FROM
TO
LENGTH
WIDTH
AREA
PCI
12
X
21
24
24
LF
LF
SF
32,000
1
W 15TH ST
COOLIDGE AVE
ROOSEVELT AVE
640
50
2
W 15TH ST
HARDING AVE
COOLIDGE AVE
Cross Gutter
15,500
26,825
31,820
3
W 15TH ST
ROOSEVELT AVE
NATIONAL CITY BLVD
310
725
50
37
4
BUCKY LN
HIGHLAND AVE
EAST END
5
6
7
8
9
10
BETA ST
U AVE
EUCLID AVE
860
37
E 20TH ST
WEST OF NEWELL ST GOLF COURSE
500
30
15,000
17,874
37,515
96,990
X
X
48
46
42
15
DIVISION ST
WEST OF HIGHLAND in front of 730 Division
Cross Gutter
W 16TH ST
WILSON AVE HARDING AVE
331
54
E PLAZA BLVD
MANCHESTER ST INT OF E 8TH ST & PARADISE VALLEY ROAD
615
61
E 8TH ST
HARBISON AVE PARADISE VALLEY ROAD
1,590
61
11
ORANGE ST
CITY LIMIT SWEETWATER ROAD
200
29
5,800
12
E 14TH ST
ORANGE ST (Western offset)
EUCLID AVE
525
37
19,425 42
18,605 63
18,605 63
13
14
HOOVER AVE
MILE OF CARS WAY
W 25TH ST
305
61
HOOVER AVE
W 28TH ST (starting @ 2900 block)
W 30TH ST
305
61
Prepared by Kenneth Fernandez PART I (Scheduled maintenance) Page 1 of 1 4/6/2005
List of Streets Entering the City to be Resurfaced for Fiscal Year 2005-
2006
BRANCH
FROM TO
VICINITY
LENGTH
WIDTH
AREA
PCI
LF
LF
SF
15
16
17
18
19
20
MAIN ST
DIVISION ST E 1ST ST
NW
320
49
15,680
60
58
DIVISION ST
MAIN ST
OSBORN ST
NW
380
26
9,880
DIVISION ST
OSBORN ST
MARINE VIEW AVE
NW
1,520
22
33,440
73
64
HIGHLAND AVE
DELTA ST (CITY LIMIT)
DIVISION ST N
1,500
30
35
45,000
DIVISION ST
HARBISON AVE
CITY LIMIT NE
360
12,600
100
E 4TH ST
HARBISON AVE
RACHAEL AVE
NE
E
E
315
45
14,175
81
21
PLAZA BLVD
CITY LIMIT
PARADISE VALLEY ROAD
1,005
30
30,150
100
72
61
70
22
23
24
25
26
27
PARADISE VALLEY RD
E 8TH ST
EAST CITY LIMIT
2,330
60
139,800
E 30TH AVE HIGHLAND AVE
L AVE (CITY LIMIT) S
1,240
1,130
65
80,600
W 8TH ST TROLLEY RR X-ING
1-5
W
62
70,060
E 8TH ST NATIONAL CITY BLVD
D AVE
W
1,290
61
78,690
96
HIGHLAND AVE
E 30TH ST
350' S OF E 30TH ST
S
S
350
61
21,350
39
HIGHLAND AVE
350' S OF E 30TH ST
BRIDGE @ CITY LIMIT
300
61
18,300
93
Prepared by Kenneth Fernandez
PART II (Entry ways) Page 1 of 1 4/6/2005
CITY OF NATIONAL CITY
STREET RESURFACING PROJECT, FY 05-06
SPEC. NO. 04-09
ID I Task Name
ura ion � Start
F -_
4/10
4/17 I
4/24
IMaY
1 5/1 C
5/8
I
5/15
5/22
j
I June
5/29 i 6/5
1 6/12
6/19
1
Project Summary
36 days Mon 4/25/05 I
.
2
Notice to Proceed
0 days Mon 4/25/05
I
/25
3 Survey Street Condition
7 days Mon 4/25/05
4 i Take Core Samples
4 days Wed 5/4/05
5 Prepare Plan Details
14 days Wed 5/4/05
6 Prepare Estimates
7 Prepare Bid Documents
2 days Tue 5/24/05
5 days Thu 5/26/05
8
Submit Draft
0 days Wed 6/1/05
6/1
9
City Review
5 days Thu 6/2/05
11111111111
10
Revise Bid Documents
3 days Thu 6/9/05
a
11 Submit Final Bid Documents
0 days Mon 6/13/05
♦ 6/13
Project: Street Resurfacing FY 05-06 S,
Task
Milestone ♦
Summary
IT.,_; _;;_ _ _= _;>
Date: Wed 4/6/05
Page 1
TETRA TECH, INC.
Fee Proposal
CITY OF NATIONAL CITY
STREET RESURFACING PROJECT, FY 05-06
SPEC. NO. 04-09
Task
Subtask Description
Summary
Classification
Sr. Project
Manager
Project
Manager
Project
Engineer
Sr. Cosst.
Obsvr
GIS/CADD
Operator
Word
Processor
Subtask
Labor -Hours
Subtask
Labor Cost
Direct
Cost
Subcontract
Total Cost
Rate
$165.00
$150.00
$135.00
$87.00
$92.00
$60.00
Task 1
Survey Street Condition
1.a
Part I Streets (6,906 If + 4,096 If)
8
24
24
8
64
$7,264
$200
$0
$7,464
1.b
Part II Streets (12,040 If +6,640 If)
12
32
32
8
84
$9,640
$150
$0
$9,790
Task 2
Core Sample
2.a
Core Sample (10 locations)
2
4
8
1
15
$1,596
$0
$3,000
$4,596
Task 3
Prepare Plan Details
3.a
Survey (4 locations)
2
8
1
11
$1,440
$0
$2,000
$3,440
3.b
Design Details (4 locations)
40
80
120
$12,760
$100
$0
$12,860
Task 4
Prepare Opinion of Probable Cost
4.a
Part I Streets (-$1 million)
2
8
10
$1,380
$0
$0
$1,380
4.b
Part II Streets (-$2 million)
4
16
20
$2,760
$0
$0
$2,760
Task 5
Prepare Bid Documents
5.a
Contract Documents
2
8
16
2
28
$3,810
$250
$0
$4,060
5.b
Special Provisions
4
16
32
4
56
$7,620
$0
$0
$7,620
5.c
Appendices
2
4
8
16
2
32
$3,602
$0
$0
$3,602
Task 6
Bid Support
6.a
Review RFI's
2
8
10
$1,380
$0
$0
$1,380
6.b
Prepare Addendum
2
8
1
11
$1,440
$0
$0
$1,440
6.c
Attend Bid Opening
4
4
$600
$25
$0
$625
6.d
Review Bids
4
4
$600
$0
$0
$600
Task Subtotal - Hours
8
70
204
64
112 11
469
Task Subtotal - Costs
$1,320
$10,500
$27,540
$5,568
$10,304 $660
$55,892
$725
$5,000
$61,617
Street Resurfacing FY 05-06 Fee Proposal
1 of 1
TOTAL NOT TO EXCEED FEE:
4/6/2005
$61,617
City of National City, California
COUNCIL AGENDA STATEMENT
April 19, 2005
AEETING DATE AGENDA ITEM NO.
ou
5
/ ITEM TITLE A resolution approving a supplemental agreement with Tetra Tech Engineering, Inc. to
provide the City with engineering design and consulting services in the "Not to Exceed" amount of
$61,617 for the National City Resurfacing Project FY 05-06 Specification No. 04-09, and authorizing the
City Engineer to execute the agreement.
PREPARED BY Alberto Griego DEPARTMENT Engineering
336-4386
EXPLANATION
See Attached.
Environmental Review XN/A
Financial Statement
Approved By: -
This agreement is for a "Not to Exceed" amount of $61,617.
Funds are available in Account No. 109-409-500-598-6035 and 307-409-500-598-6035.
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
_ 111(
BOARD I COMMISSItaN RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
Resolution No. 2.,005-10C1
3. Exhibit "A" proposal for Engineering Services
2. Proposed Supplemental Agreement tetratech
A-200 99,
RE: A resolution approving a supplemental agreement with Tetra Tech Engineering, Inc. to provide the
City with engineering design and consulting services in the "Not to Exceed" amount of $61,617 for the
National City Resurfacing Project FY 05-06 Specification No. 04-09, and authorizing the City Engineer
to execute the agreement.
Explanation:
The Engineering Department is in need of a consultant engineering firm to design and develop bid
documents for the Street Resurfacing Project for FY 05-06.
On April 5, 2005 the City Council issued resolution No. 2005-64 authorizing the Mayor to execute a
multiyear contract with Tetra Tech, Inc. to provide "as needed" engineering consulting services for the
City's capital improvements project.
Staff has considered that Tetra Tech Inc. can provide the engineering consultant services for this project
during design and final bid document development. Tetra Tech lately has completed the inspection of the
National City Resurfacing Project FY 03-04 and the design of Sweetwater Rd. at Calmoor St. and
Fairlomas Dr. Traffic Signal. Tetra Tech is familiar with the City's engineering design requirements.
Based upon the staffs request, Tetra Tech has a proposed scope of work, outlined in Exhibit "A" of the
supplemental agreement, to perform the required services. This scope of work is consistent with the City's
engineering design 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 $ 61,617.
RESOLUTION NO. 2005 — 69
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO EXECUTE A
SUPPLEMENTAL AGREEMENT WITH TETRA TECH ENGINEERING, INC.
TO PROVIDE ENGINEERING DESIGN AND CONSULTING SERVICES
IN THE NOT TO EXCEED AMOUNT OF $61,617 FOR THE
NATIONAL CITY RESURFACING PROJECT
(Specification No. 04-09)
WHEREAS, the City desires to employ a consultant to provide engineering
design and consulting services for the National City Resurfacing Project; and
WHEREAS, the City has determined that Tetra Tech Engineering, Inc. 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 City Engineer is hereby authorized to execute an agreement with
Tetra Tech Engineering, Inc. to provide engineering design and consulting services for
the National City Resurfacing Project. Said Agreement is on file in the Office of the City
Clerk.
PASSED and ADOPTED this 19th day of April, 2005.
ATTEST:
4
Mi hael 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 April 19,
2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
City Clerk of the Ciof National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-69 of the City of National City, California, passed and adopted
by the Council of said City on April 19, 2005.
City Clerk of the City of National City, California
By:
Deputy
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 3, 2005
Jim Jaska, President
Tetra Tech Inc
10815 Rancho Bernardo Rd Ste 200
San Diego CA 92127
Dear Mr. Jaska,
On April 19, 2005, Resolution No. 2005-69 was passed and adopted by the
City Council of the City of National City, authorizing the City Engineer to
execute a supplemental agreement with Tetra Tech Engineering, Inc. to
provide engineering design and consulting services.
We are forwarding a certified copy of the above Resolution and one fully
executed original agreement.
Sincerely,
Nal
Martha L Alvarez
Deputy City Clerk
/mla
Enclosure
cc: Engineering
File No. C2005-16
® Recycled Paper