Loading...
HomeMy WebLinkAboutItem 10b - Preparation of Sewer Master Plan UpdateProfessional Services Agreement for the Sewer Master Plan Update May 5, 2020 Page 1 of 3 DATE: May 5, 2020 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director By: Eddie Chan, P.E., Principal Civil Engineer SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. FOR THE PREPARATION OF THE SEWER MASTER PLAN UPDATE IN THE AMOUNT OF $196,795 Recommendation: Approve SUMMARY The Public Works Services Department (“PWSD”) is responsible for the operation and maintenance of the City’s sanitary sewer system. The City’s sanitary sewer collection system consists of 138 miles of City-owned pipeline. The PWSD utilizes the Sewer Master Plan to evaluate the condition of the City’s sanitary sewer collection system. The Sewer Master Plan was originally completed in 1998 and was last updated in 2006. It is necessary to update the Sewer Master Plan and re-evaluate the condition and capacity of the sanitary sewer system. The Sewer Master Plan update will assist in the development of future capital improvement projects to ensure the sanitary sewer system meets current and future wastewater collection demands. The PWSD solicited a Request for Proposal for the Sewer Master Plan update. Based on the evaluated proposals, it is recommended that the City Council approve, and authorize and direct the City Manager to execute, a Professional Services Agreement with Tetra Tech, Inc. for the Sewer Master Plan Update in the amount of $196,795. BACKGROUND The PWSD provides wastewater collection for approximately 56,000 residents within eleven square miles. The City’s sanitary sewer collection system consists of 138 miles of City owned pipeline. The City’s sewer pipes are an average of 50years in age and primarily are made of vitrified clay. Despite the average age, overall, the City’s sewer system is in good condition. Throughout the years, the Sewer Master Plan has helped identify capital improvement projects to ensure that the City’s sewer pipes are replaced Professional Services Agreement for the Sewer Master Plan Update May 5, 2020 Page 2 of 3 before they come to the end of their useful life span, and to identify sections of the sewer system that are at maximum capacity. The Sewer Master Plan is a vital planning tool that evaluates the current state of the City’s sanitary sewer system, and it is in need of an update. The Sewer Master Plan Update will include an assessment of the hydraulic condition of the sanitary sewer system, an update of our hydraulic modeling software, and will examine our sanitary sewer system maintenance and operation program. Also included in the Sewer Master Plan Update will be a recommended 20-year capital improvement plan aimed at improving the condition, performance, and reliability of the sanitary sewer system to meet current and future wastewater collection demands. The Sewer Master Plan Update will include all of the necessary elements needed to provide an in-depth investigation of the sewer system. All past performance data, accomplishments from the previous sewer master plan update, and recommended improvements based on modeling results will be carefully reviewed and evaluated. A thorough investigation of financial constraints, construction priorities, and compliance with State Water Resources Control Board Waste Discharge Requirements will also be provided. DISCUSSION A Notice Inviting Proposals was published in the City’s local adjudicated newspaper and proposal packages were provided to seven firms that are known to be experts in the field of municipal sanitary sewer system planning. Three proposals were received, and they were reviewed, evaluated, and ranked based on the firm’s experience, capability to complete the work requested, qualifications of personnel, record of success, implementation timeline, and cost. The results of the evaluation, with each company’s ranking and proposed cost, are as follows: RANK CONSULTING FIRM Score COST 1 Tetra Tech, Inc. 92% $ 196,795 2 Dudek 86% $ 199,925 3 ATKINS, Inc. 70% $ 210,055 After careful review and consideration, it was determined that Tetra Tech, Inc. was the best qualified firm to prepare the Sewer Master Plan Update. Tetra Tech was rated the highest based on their successful completion of projects of similar complexity and requirements and the project team’s technical and project management approach. They have demonstrated an understanding of the project and provided a proposal that would suit the City’s needs for this Sewer Master Plan Update. Tetra Tech has been responsible for sewer system master plans for a number of municipal agencies in Southern California and has the necessary expertise in sewer system modeling. The proposal evaluation committee believes the consultant team will provide a high-quality, cost-effective, and timely report. Professional Services Agreement for the Sewer Master Plan Update May 5, 2020 Page 3 of 3 ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”) per Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT Funds in the amount of $200,000 are budgeted in the Fiscal Year 2018-19 Capital Improvement Program for this project. The total cost for the Sewer Master Plan Update is $196,795. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project and is therefore exempt under the California Environmental Quality Act (“CEQA”); and approve, authorize and direct the City Manager to execute a Professional Services Agreement with Tetra Tech, Inc. for the preparation of the Sewer Master Plan Update in the amount of $196,795. Attachment: Proposed Professional Services Agreement 1 24347.00006\30493020.2 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT SEWER MASTER PLAN UPDATE This Agreement is made and entered into as of ________________, 2020 by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and Tetra Tech Inc., a Delaware Corporation, with its principal place of business at 160 Via Verde, Suite 240, San Dimas, California 91773 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Sewer Master Plan Update (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Hundred Ninety Six Thousand, Seven Hundred Ninety Five Dollars and No Cents, ($196,795.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall 2 24347.00006\30493020.2 be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term. The term of this Agreement shall be for one year from the date of execution, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 3 24347.00006\30493020.2 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. 4 24347.00006\30493020.2 (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must 5 24347.00006\30493020.2 specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 6 24347.00006\30493020.2 insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. 7 24347.00006\30493020.2 (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any 8 24347.00006\30493020.2 failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 15. City Material Requirements. Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in the Request for Proposal, which are deemed to be a part of this Agreement. 16. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 17. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and 9 24347.00006\30493020.2 specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Organization Consultant shall assign Ken Berard, P.E., Senior Project Manager, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: Eddie Chan, P.E. Principal Civil Engineer CONSULTANT: Tetra Tech, Inc. 160 Via Verde, Suite 240 San Dimas, CA 91773 Attn: Ken Berard, P.E. Senior Project Manager and shall be effective upon receipt thereof. 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 10 24347.00006\30493020.2 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, 11 24347.00006\30493020.2 commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 12 24347.00006\30493020.2 SIGNATURE PAGE FOR THE SEWER MASTER PLAN UPDATE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND TETRA TECH, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA TETRA TECH, INC. By: By: Dominic Lazzaretto City Manager Title: Printed Name: ATTEST: By: Title: By: City Clerk Printed Name: APPROVED AS TO FORM: By: Stephen P. Deitsch City Attorney 13 24347.00006\30493020.2 EXHIBIT A Scope of Services Scope of Services for the Sewer Master Plan Update shall include, but are not limited, to the following: A) Research and review existing data. This is to include all available maps and records (2006 Sewer Master Plan, topographic, aerial, soil, land use, GIS data, CCTV inspections data, and etc.), local/regional drainage and sewer reports, regional planning documents, and existing sewer plans. The obtained data shall be digitized (if not already in electronic format), organized, and copied onto Consultants server for convenient access throughout the life of the project. File names shall include dates when appropriate (e.g. when there are several versions of certain data) and origination when appropriate (e.g. when if there were several agencies providing population projections). Field investigation may also required. Consultant may expect to spend a day with City operations and/or engineering staff conducting interviews and visiting significant conveyance system locations such as split manholes, problem/spill prone areas, significant connections to the County, difficult areas to access due to traffic or terrain, or other areas identified by the City. The interviews shall provide information concerning to the operations or City engineering staff. B) Analyze existing and anticipated land uses within the City, in accordance with the City’s General Plan and the discharge generation factors for the different land uses within the sewer study area. Review and update flow projections in accordance with the City’s General Plan. Consultant shall utilize the City’s GIS for land use definitions and area calculations. Typical sewage generation factors (and factors developed from flow monitoring) shall be applied to the land uses to develop preliminary estimated dry weather average and peak flows. Estimated flows will then be checked against measured flows from task ‘C’ below, adjustments will be made to the average, and peak sewage generation factors for land uses as needed. After dry flows are determined a similar process shall be followed to estimate the peaking factor to represent infiltration and inflow. C) Divide the sewer study area into subtributary areas (to be recommended by the Consultant) and monitor the sewage flow from collector lines in each sub-area in wet weather. Dry weather monitoring will also be required in all lines that were identified as being at a minimum of 40% capacity in the City’s previous Master Plan. Perform flow and rainfall monitoring program to obtain the necessary data to characterize flow conditions during dry and wet-weather conditions. The analysis shall be used to recommend further diagnostic activities for the rehabilitation of I/I sources. It shall also be used to calibrate the hydraulic model of the City’s sanitary sewer collection system. Monitoring will be with the use of Smart Covers. The Consultant has assumed 15 Smart Covers for a 4-week period. 14 24347.00006\30493020.2 Prepare a memo recommending the location of the Smart Covers including the type of data expected (e.g. to determine sewage generation rate for a specific land use, or to measure flow of a major/problem line to check against model predictions). The memo shall identify the City’s existing 8 Smart Covers and make recommendations for using or moving those to more advantageous areas (if possible). The memo will also address if any of the 15 Smart Covers will be retained by the City for future use. D) Analyze the sewer study area to determine the most practical network of sewer lines serving each sub-area. E) Perform a General Deficiency Analysis of the existing sewer system elements including collector lines and appurtenances. F) Evaluate the City’s wastewater collection system, including an analysis of existing and previous problem areas as identified in the 2006 Sewer System Master Plan, and as modified by City staff. G) Recommend planning and design criteria, in cooperation with City staff, to ensure current City policies and standards are taken into account and examined. Make recommendations for minimum and maximum velocities in the conveyance system. Make recommendations for maximum depth of flow for various pipeline diameters. Make recommendations for repair of various types of defects. For example, consider pipeline replacements, various trenchless repair methods such as CIPP, spot repairs, manhole lining, pipe bursting, and the conditions when the various repair methods may be beneficial. Make recommendations for grease traps and enforcement of current rules, where this is an issue. Make recommendations for storm drain connections to the sewer system, where this is an issue. H) A Hydraulic Analysis utilizing a PC-based computer model linked to AutoCAD and GIS that will be compatible with Windows 10 operation system at the client (City) side shall be conducted to evaluate all system elements based upon current and projected land use in accordance with the City’s General Plan. Conduct interviews with City’s Public Works Operations and Maintenance personnel to obtain insight into system needs. These interviews will assist with the identification of specific system needs. Collect and review information on recently completed sewer rehabilitation projects and other sewer improvement projects planned for the near future. Information gathered shall be used to ascertain the effectiveness of the proposed CIP projects, and to incorporate them into the hydraulic model: 1. Modeling: Modeling shall be done for City services area. For areas outside City limits, but within its sphere of influence, the Consultant is to supply the City with all available plans and studies. One scenario (wet weather) will be required for existing land use and other parameters as defined mutually. For the Sewer Master Plan, the PC-based SWMM model, or other fully dynamic model, shall be used. 15 24347.00006\30493020.2 The City is currently using InfoSewer modeling software. At a minimum, the Consultant is to supply a model that is compatible with the InfoSewer. The Consultant will use either H2O Map Sewer, or InfoSewer. 2. Deficiency Analysis: The Consultant shall conduct a deficiency/prioritization analysis based on data such as un-built, undersized, age, material, grease hot spot, root intrusion and other testing data, flow monitoring, etc. Recommendation shall include shortand long-term solution that addresses each hydraulic deficiency identified in the evaluation. I) Identify the EPA’s Capacity, Management, Operation, and Maintenance (CMOM) Program implications. Perform a thorough understanding of the CMOM standards, and proposed recommendations to meets applicable CMOM regulations. The Sewer Master Plan Update shall address all requirements of the CMOM regulations. J) Evaluate and recommend improvements to the City’s current sewer system maintenance program (i.e., labor/equipment needs, easements and manholes properly identified with sufficient access, etc.). Evaluate the 8 existing Smart Covers including effectiveness of the locations. Make recommendations for additional level monitoring locations (or removal of existing) and/or move existing locations. Address conveyance system locations with difficult or no access due to land use or land ownership/easements. Address manholes with difficult access due to physical limitations (such as no ladder or an unsafe/unreliable ladder). Identify equipment needed for safe access (e.g. air ‘sniffer’, confined space requirements, et al). Make recommendations for continued/regular video assessments of pipelines and manholes (in compliance with CMOM). K) Develop a comprehensive, multi-year (20 years), capital improvement program to meet increased flow demands taking into consideration not only the hydraulic deficiencies but also proposed system improvements that maximize I/I removal, based on CCTV inspections and flow monitoring results. The CIP will include the reason for the improvement recommendation ( e.g. existing flow deficiency, future flow deficiency, existing maintenance problem, etc.). L) Develop cost estimate and prioritization list with City staff for all improvement upgrades. The criteria for assigning priorities shall be identified and then applied to the CIP. For example, existing deficiencies that could lead to a spill would be very high priority, while a flow that is only projected to become deficient in the future would be a very low priority. ‘Hot spot’ maintenance issues will be prioritized based on their frequency of becoming a problem, and on the severity of the issue when it does become a problem. M) Prepare a final Summary Report comprising the entire Sewer Master Plan and Appendices. Two (2) hard copies and one (1) electronic copy in “portable document format” (*.pdf) format shall be provided for City use. A minimum of forty (40) hours of technical training for City Public Works Services Department staff shall be provided on the Sewer System Hydraulic model. One (1) server based licensed copy of the program shall also be provided to the Public Works Services Department on CD and installed onto the City’s Windows Server. 16 24347.00006\30493020.2 N) Project Management. Project kick-off meeting, plus three additional meetings with the City are assumed. Also includes Internal meetings and coordination, status reports to the City, invoicing, schedule monitoring and maintenance, and other project management tasks. 17 24347.00006\30493020.2 EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. Compensation shall be based on time and materials spent in accordance with the following tasks, not to exceed the total compensation listed below. The schedule of prices is attached as attachment “A” to this Exhibit “B”. Sewer Master Plan Update - $196,795.00 Total Compensation - $196,795.00 The total compensation shall not exceed the total listed without written authorization in accordance with Section 2 (b) of this agreement. Price Summary / Totals Task Pricing Totals 196,795 Specify Add'l Fees on Setup 0 Technology Use Fee Proj Area >196,795 Submitted to: City of Arcadia (Attn: Eddie Chan) Contract Type: T&M Project Phases / Tasks From Thru Months 1,003 151 32 92 418 284 26 0.00%154,375 27,132 616 - 14,672 196,795 123456 A) Existing Data 38 10 2 2 16 8 - 6,610 - - - - 6,610 1. Obtain, Review, & Organize Data 20 2 2 2 6 8 3,090 3,090 2. Field Visits 18 8 10 3,520 3,520 B) Sewage Generation Factors by Land Use 88 4 - - 36 48 - 11,140 - - - - 11,140 1. Tabulate Land Use Areas 12 4 8 1,400 1,400 2. Preliminary Dry Sewage Generation 16 4 12 1,820 1,820 3. Adjust Dry Sewage Generation Factors 34 2 16 16 4,450 4,450 4. Determine I/I Peaking Factors 26 2 12 12 3,470 3,470 C) Flow Monitoring 26 4 - - 12 8 2 3,740 27,132 - - - 30,872 1. Memo with Monitoring Recommendations 22 2 12 8 3,050 3,050 2. Flow Monitoring (15 locations; 4 weeks)4 2 2 690 27,132 27,822 D) Determine Practical Lines (incl. in 'E')- - E) Exist. Deficiency Analysis (will do with 'H')126 6 - 24 48 48 - 17,310 - - - - 17,310 1. Assess Avg. Dry Flow Conditions 42 2 8 16 16 5,770 5,770 2. Assess Peak Dry Flow Conditions 42 2 8 16 16 5,770 5,770 3. Assess Wet Peak Flow Conditions 42 2 8 16 16 5,770 5,770 F) Analyze Known Problem Areas 31 5 12 12 2 - - 6,885 - - - - 6,885 1. Identify Problem Areas 3 1 2 545 545 2. Assess Problem Areas 28 4 12 12 6,340 6,340 G) Develop Planning & Design Criteria 25 7 - 18 - - - 4,825 - - - - 4,825 1. Min/Max Velocities 3 1 2 595 595 2. Max d/D 3 1 2 595 595 3. Pipeline/Repair Materials/Methods 10 2 8 1,850 1,850 4. Grease traps, storm connections, etc.6 2 4 1,190 1,190 5. Root Intrusion 3 1 2 595 595 H) Hydraulic Analysis 216 6 - 24 90 96 - 28,230 - - - - 28,230 1. Develop Computer Model 56 24 32 6,720 6,720 2. Future Hydraulic Deficiencies 110 6 24 40 40 15,350 15,350 3. Improvements due to Pipe Age, Matl.22 10 12 2,660 2,660 4. Impr. Based on 'hot spot' issues 28 16 12 3,500 3,500 I) CMOM Compliance 57 9 8 - 40 - - 10,185 - - - - 10,185 1. Identify Applicable Requirements 15 3 4 8 3,015 3,015 2. Recommendations for Compliance 42 6 4 32 7,170 7,170 J) Maintenance Recommendations 34 4 - - 14 16 - 4,700 - - - - 4,700 1. Level Monitoring 6 2 4 1,090 1,090 2. Access/Easements 23 1 6 16 2,785 2,785 3. Video Program 5 1 4 825 825 K) Develop CIP 51 5 6 - 20 20 - 7,875 - - - - 7,875 1. Create CIP List 18 2 4 12 2,350 2,350 2. Develop Costs 13 1 8 4 1,805 1,805 Task Pricing TotalsSchedule Work Days OffWork DaysTotal Labor Hrs Subs Travel Mat'ls & Equip ODCs Labor Rate Esc.LaborProject Engineer 2 (Erica Jenkins)Project Engineer 1 (Adrian Lee)Engineer 1 (Kathryn Lundgren)Project Assistant 2 (Mary Raquepo)Total Price Pricing by Resource Sr Project Manager (Ken Berard)Principal Engineer (Steve Ellis)6 Resource Sewer Master Plan Update Price Proposal Revision Date: Feb 10, 2020 Labor Plan Tetra Tech - Confidential and Proprietary Page 1 of 2 Printed 2/11/2020 dd,DEdΗΗ 3. Develop Priority Rankings 20 2 6 8 4 3,720 3,720 L) Cost Estimates & Priorities (incl. in 'K')- - M) Fianlizations 228 40 4 8 124 40 12 35,540 - 336 - 14,672 50,548 1. SMP Report 176 32 4 8 80 40 12 27,260 27,260 2. Software - 14,672 14,672 3. Technical Software Training 52 8 44 8,280 336 8,616 N) Project Mgmt 83 51 - 4 16 - 12 17,335 - 280 - - 17,615 1. Meetings with the City (4)36 16 4 16 7,140 280 7,420 2. Status Reports/Coordination w/City 12 12 3,180 3,180 3. Internal Coordination & Mgmt.35 23 12 7,015 7,015 Totals 1,003 151 32 92 418 284 26 0.00%154,375 27,132 616 - 14,672 196,795 Tetra Tech - Confidential and Proprietary Page 2 of 2 Printed 2/11/2020 Project Management Construction Project Manager 1 $195.00 Construction Project Rep 1 $78.00 Project Manager 2 $210.00 Construction Project Rep 2 $85.00 Sr Project Manager $265.00 Sr Constr Project Rep 1 $100.00 Program Manager $297.00 Sr Constr Project Rep 2 $115.00 Principal in Charge $310.00 Construction Manager 1 $165.00 Construction Manager 2 $185.00 Engineers Construction Director $233.00 Engineering Technician $37.00 Engineer 1 $105.00 General & Administrative Engineer 2 $115.00 Project Assistant 1 $67.00 Engineer 3 $130.00 Project Assistant 2 $80.00 Project Engineer 1 $140.00 Project Administrator $95.00 Project Engineer 2 $165.00 Sr Project Administrator $110.00 Sr Engineer 1 $170.00 Graphic Artist $130.00 Sr Engineer 2 $175.00 Technical Writer 1 $97.00 Sr Engineer 3 $210.00 Technical Writer 2 $124.00 Principal Engineer $275.00 Sr Technical Writer $155.00 Planners Information Technology Planner 1 $104.00 Systems Analyst / Programmer 1 $77.00 Planner 2 $115.00 Systems Analyst / Programmer 2 $115.00 Sr Planner 1 $125.00 Sr Sys Analyst / Programmer 1 $130.00 Sr Planner 2 $151.00 Sr Systems Analyst / Programmer 2 $196.00 Sr Planner 3 $175.00 Project Accounting Designers & Technicians Project Analyst 1 $90.00 CAD Technician 1 $65.00 Project Analyst 2 $114.00 CAD Technician 2 $75.00 Sr Project Analyst $155.00 CAD Technician 3 $90.00 CAD Designer $100.00 Reimbursable In-House Costs: Sr CAD Designer 1 $118.00 Photo Copies (B&W 8.5”x11”) $ 0.15/Each Sr CAD Designer 2 $145.00 Photo Copies (B&W 11”x17”) $ 0.40/Each CAD Director $150.00 Color Copies (up to 8.5"x11") $ 2.00/Each Survey Tech 1 $50.00 Color Copies (to 11"x17") $ 3.00/Each Compact Discs $10/each Health & Safety Large format copies $0.40 S.F. H&S Administrator $95.00 Computer Usage: not to exceed $3.55/hour Sr H&S Administrator $115.00 Mileage-Company Vehicle $0.80/mile H&S Manager $145.00 Mileage-POV $0.55/mile* *current GSA POV mileage rate subject to change All other direct costs, such as production, special photography, postage, delivery services, overnight mail, printing and any other services performed by subcontractor will be billed at cost plus 15%. Rates are good through June 30, 2021 2020 - 2021 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE NOTE: Rates subject to change annually.000 Exhibit A - SW 2020.xlsx 18 24347.00006\30493020.2 EXHIBIT C Activity Schedule All work shall be completed in accordance with the following schedule: The term of this Agreement shall be for one year from the date of execution. All task under Exhibit A shall be adhered to and executed accordingly.