HomeMy WebLinkAboutC-9664-2 - On-Call PSA for On-Call Engineering and Environmental Consulting Services for Newport Terrace Closed LandfillN
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�- ON -CALL PROFESSIONAL SERVICES AGREEMENT
i WITH TETRA TECH BAS, INC. FOR
C, ON -CALL ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES
FOR NEWPORT TERRACE CLOSED LANDFILL
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 13th day of February, 2025 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and TETRA TECH BAS, INC., a California corporation ("Consultant"), whose
address is 3475 East Foothill Blvd., Pasadena, CA 91107, and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide On -Call Engineering and
Environmental Consulting Services for Newport Terrace Closed Landfill ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2027, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Seventy Five Thousand Dollars and 00/100 ($75,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
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4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Sami Ayass to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. City's Utilities
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
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the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Consultant as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Consultant as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Consultant shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
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Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
18.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
18.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Paul Stout
Tetra Tech BAS, Inc.
3475 East Foothill Blvd.
Pasadena, CA 91107
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
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City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
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Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
Tetra Tech BAS, Inc. Page 11
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments, This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By.'`(;�
Aa on C. Harp
Cit� Attorney �' A"
ATTEST:
Date: I it
By: AUNW. *M /
Leilani I. Brown
City Clerk
e
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 3-/a - ZE-
By:
Mark Vukoj*Wvic
Utilities Director
CONSULTANT: TETRA TECH BAS,
INC., a California corporation
Date:
By:
Caleb M ore
Vice President
Date:
O� c�
Jeffre�GWil yams
�
�'gc��oaN�P Chief Finarvcial Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C
- Insurance Requirements
Exhibit D -
Labor and Materials Payment Bond
Exhibit E -
Faithful Performance Bond
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EXHIBIT
SCOPE OF SERVICES
Tetra Tech BAS, Inc. Page A-1
SCOPE OF SERVICES
Objective:
Consultant shall provide the following services to the City, under the direction of the Utilities
Department, which shall identify specific tasks, deliverables, and deadlines on an as -needed
basis.
Minimum Qualifications:
At least five (5) years of experience performing engineering and environmental consulting
services for closed landfill with gas control system and related infrastructure; including
monitoring probes.
Have qualified personnel who have prerequisite knowledge and experience.
Have at least three satisfactory references for similar services within past three (3) years
OR have performed satisfactory work for City within past three (3) years.
DESCRIPTION OF PROJECT:
Consultant shall be on -call to perform the following services, including potential follow-up and
other necessary engineering and/or environmental support services:
1) Assist the City to obtain a well destruction permit from the Orange County Health
Care Agency Water Quality Program;
2) Provide project management and oversight services for a well destruction project;
3) Document well destruction in a final report submitted to the LEA;
4) Conduct as -needed site assessment to determine the optimal location for the
proposed compliance probe installation in accordance with the workplan;
5) Prepare and draft an LEA -approved work plan for the installation of a new
compliance probe;
6) Workplan and site assessment for new compliance probe to be completed and
submitted for City and Orange County Health Care Agency — Local Enforcement
Agency approval within 45 days of effective date of Agreement.
In addition to the above services, Consultant may be asked to provide on -call professional
services for design and construction of system repair projects, assistance with regulatory
reporting and permitting, capital improvement planning and other professional and
expertise environmental engineering services as required to maintain the closed landfill
gas control system.
All work will be compensated on a time -and -materials (T&M) basis in accordance with a
rate schedule to be approved by the city.
STATEMENT OF QUALIFICATIONS
IV q
Jaw
T r
Presented By:
TETRA TECH
21700 Copley Drive, Suite 200
Diamond Bar. CA 91765
TETRA TECH
November 20, 2024 P?4-0163
Joshua Rosenbaum
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: STATEMENT OF QUALIFICATIONS FOR ON -CALL ENVIRONMENTAL/ ENGINEERING
SUPPORT SERVICES FOR CITY OF NEWPORT BEACH - NEWPORT TERRACE CLOSED LANDFILL GAS
CONTROL SYSTEM
Dear Joshua:
Tetra Tech BAS, Inc., a wholly owned subsidiary of Tetra Tech, Inc. (Tetra Tech), is pleased to present the following
Statement of Qualifications to provide on -call environmental / engineering services to support on -going post
closure maintenance and monitoring activities at the City of Newport Beach's (City's) Newport Terrace Landfill.
We recently assisted the City on a study which determined that methane gas detected in a monitoring probe at
the Newport Terrace Landfill was from a thermogenic (non -landfill) and not a biogenic (landfill) source. We
understand that the City now wishes to select a qualified consultant to oversee the abandonment of the probe
(CP-01R) and install a new probe at another location. All work must be conducted in compliance with the
requirements of the Orange County Health Care Agency Water Quality Program, and South Coast Air Quality
Management District.
Tetra Tech has been providing turn -key landfill gas collection and control system (GCCS) planning, engineering,
construction, and operations support to public solid waste authorities in California since 1984. We are also
specialists in the permitting and design of repairs to landfill cover systems, surface water management
improvements, and other environmental control infrastructure at closed landfills throughout California.
Thank you for giving Tetra Tech the opportunity to present this Statement of Qualifications. We are available to
meet with you to discuss our qualifications and proposed approach to this project. If you have any questions or
require further information, please contact our proposed Project Director for this assignment, Sami H. Ayass, PE
(Phone: 909.655.3255 1 Email: sami.ayass@tetratech.com).
Very truly yours,
Jeffrey M. Williams
Vice President/ Chief Financial Officer, Tetra Tech Solid Waste West
Tetra Tech
21700 Copley Drive, Suite 200, Diamond Bar, CA 9176S
Tel 909.860.7777 Fax 909.396.9777 www.tetratech.com
1. FIRM DESCRIPTION
Who Is Tetra Tech? Tetra Tech is a full -service provider of consulting, engineering, construction, and operational support
services. Our solid waste practice features more than 500 landfill engineering, construction, and operations support
personnel who are performing more than 1,600 solid waste projects. We have 40 years of experience in landfill closure
and redevelopment, and in the operation, maintenance, and monitoring (OM&M) of landfill gas collection and control
systems (GCCS).
Specialists in Landfill Gas Management: Tetra Tech has been providing turn -key GCCS planning, engineering,
construction, and operations support to public solid waste authorities in California since 1984. As a landfill specialty
firm, we will provide the City with a unified team of landfill gas (LFG) engineers, compliance specialists, automation
(SCADA, PLC) specialists, and LFG construction and OM&M field crews. We provide a one -source solution for all of the
technical disciplines needed to support the City's LFG needs.
Landfill Closure and Redevelopment Experts: Tetra Tech has the expertise, in-house resources, and depth of
capabilities required to close, redevelop, and maintain inactive or closed landfills and disposal sites. We have worked
closely with owners, redevelopment agencies, private investment groups, and local municipalities to plan and implement
complex landfill redevelopment programs. Our experience includes turn -key planning, engineering, clean closure,
construction, and post closure maintenance and monitoring services associated with the development of residential,
commercial, recreational, and industrial improvements on former landfill sites.
Experience at Newport Terrace Closed Landfill: Tetra Tech has supported the City on past projects at the Newport
Terrace Closed Landfill. We recently conducted advanced gas characterization and analysis to determine whether
methane detected in on -site probes was from a nearby natural source.
Office (Solid Waste West): 21700 Copley Drive, Suite 200, Diamond Bar, CA 91765 1 Phone: (909) 860-7777
Mountain View Landfill Sports Park: Athletic fields built on former municipal landfill adjacent to Google World
Headquarters. Tetra Tech provided closure engineering and landfill gas support services. Project won a Project of the
Year Award from the Silicon Valley Chapter of the American Public Works Association.
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 1
LANDFILLTABLE I -TETRA TECH
t=c
�
Site Location Client
Alameda IR2 Landfill Alameda NWS, CA US Navy ■
U
cs
=
to
U
U C.D
O
U
GU
C3
7777
American Avenue Landfill Fresno, CA County of Fresno
■
Barstow Landfill Barstow, CA County of San Bernardino
■
Badlands Landfill Moreno Valley, CA County of Riverside
BKK Class Landfill West Covina, CA BKK Corporation
■
fl
Cal Compact Landfill Carson, CA LNR
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Cannery Street Site Huntington Beach, CA City of Huntington Beach
■
Coyote Canyon Landfill Irvine, CA County of Orange
■
■
■
Fairmead Landfill Madera, CA County of Madera
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7
■
Forster Canyon Landfill San Juan Capistrano, CA San Juan Creek Assoc.
■
■
Frank R. Bowerman Landfill Orange County, CA County of Orange
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ir;
■
Geer Road Landfill Stanislaus County, CA County of Stanislaus
■
■
■
■
Gothard Street Landfill Huntington Beach, CA County of Orange
■
■
Hay Road Landfill Manteca, CA Recology
■
Healdsburg Landfill Santa Rosa, CA County of Sonoma
■
Highway59 Landfill Merced, CA County of Merced
■
Kalico Landfill Santa Fe Springs, CA Rawlins Family Trust
■
Keller Canyon Landfill Pittsburg, CA Republic Services
■
■
Lane Road Disposal Site Orange County, CA County of Orange
■
■
■
Mid -Valley Sanitary Landfill San Bernardino County, CA County of San Bernardino
■
■
Milliken Sanitary Landfill San Bernardino County, CA County of San Bernardino
■
■
■
Mountain View Landfill Mountain View, CA City of Mountain View
■
■
Newby Island Landfill Milpitas, CA Republic Services
■
■
■
■
Olinda Alpha Landfill Brea, CA County of Orange
■
■
■
Ox Mountain Landfill Half Moon Bay, CA Republic Services
■
■
■
Point Isabel Landfill East Bay Regional Parks Dist. East Bay Reg. Parks District
■
Prima Deshecha Landfill San Juan Capistrano, CA County of Orange
■
■
■
Reeves Pit Landfill Orange County, CA City of Anaheim
■
■
■
San Joaquin Landfill Orange County, CA County of Orange
■
■
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San Timoteo Landfill San Bernardino County, CA County of San Bernardino
Lj
■
Santiago Canyon Landfill Orange County, CA County of Orange
■
■
■
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Sonoma Central Landfill Sonoma County, CA Republic Services
■
■
■
Sparks -Anderson Landfill Anaheim, CA City of Anaheim
■
■
■
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Vandenberg Landfill Vandenberg AFB, CA US Air Force
■
Vasco Road Landfill Livermore, CA Republic Services
■
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Vista Grande Landfill La Habra, CA City of La Habra
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Waterman Landfill San Bernardino, CA City of San Bernardino
■
■
■
■
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 2
?_ PRnpn,,;Fn PRO1FPT TEAM
2.1 PROJECT ORGANIZATION CHART
Figure 1 presents the Tetra Tech organization chart for the City's On -Call Environmental/Engineering Support Services
contract. Our project organization structure will provide the City with easy access to specialists in GCCS permitting,
design, construction, operation, and maintenance. We are unique in the depth of LFG engineering and construction staff
that we can dedicate to this contract. Our project team is up and running (engineering, field technicians, in-house
construction crew) and is positioned to immediately start work on this contract. We have additional staff available to
work on this contract to meet any ramp -up in resources requested by the City.
FIGURE 1 - TETRA TECH PROJECT ORGANIZATION CHART
ON -CALL ENVIRONMENTAL/ ENGINEERING SUPPORT SERVICES
NEWPORT TERRACE CLOSED LANDFILL GAS CONTROL SYSTEM
PROJECT
Project Director:
Sami H. Ayass, PE"'
Project Manager.
Chelsea Evans
Gus Andraos
Christine Arbogast, PE
Permitting / Compliance LFG Engineering Geotechnical Engineering Civil Engineering Closure Permitting
Kendra Kent Sami H. Ayass, PE Peter Skopek, PhD, PE, GE Caleb Moore, PE Virginia Becerra
Nat Israel Paul Stout, PE Yonglang Li, PhD, PE, GE Vy Yannizzi, PE
Alex Newell, PE
Construction Services
Kelly McGregor
Walter Romanowski,
CHG, CEG, QISP
Operation & Maintenance
Yousef Ibrahim
Anthony Salgado
Paul Sena
Redevelopment Planning
Javier Weckmann, PE
Construction Management
Construction Quality Assurance
Hal Arbogast, PE
Shawn Morrish
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 3
2.1 EXPERIENCE OF PERSONNEL
TABLE 2 - TETRA TECH TEAM MEMBER EXPERIENCE AT A GLANCE
HighestName Role Years Years ,
of Exp. w/ Tt Degree
Management Team
Chelsea Evans
Project Manager 5 5 BS EIT (CA)
Sami H Ayass
Project Director 18 18 BS PE (CA)
Gus Andraos
Principal 43 36 BS
Christine Arbogast
Principal 40 35 BS PE (CA)
Landfill Gas Management Team
Kendra Kent
Permitting/ Compliance
25
18
BS
-
Nathaniel Israel
Permitting/ Compliance
7
7
BS
-
Sam Abu-Shaban
Permitting
37
5
MS
PE (CA), QEP
Paul Stout
LFG Engineering
33
18
MS
PE (CA)
Alex Newell
LFG Engineering
11
8
BS
PE (CA)
CA Lic.
Kelly McGregor
LFG Construction
42
20
Construction
Contractor
Walter Romanowski
LFG Construction
42
20
MS
CHG,CEG (CA)
QISP
Matthew Helo
Operations & Maintenance
7
7
BS
-
Anthony Salgado
Operations & Maintenance
32
32
-
-
Paul Sena
Operations & Maintenance
19
19
-
-
Landfill Closure Engineering Team
Peter Skopek
Geotechnical Engineering
36
20
PhD
PE, GE (CA)
Yonglang Li
Geotechnical Engineering
24
13
PhD
PE, GE (CA)
Caleb Moore
Civil Engineering
26
22
MS
PE (CA)
Virginia Becerra
Closure Permitting
37
34
BS
-
Javier Weckmann
Redevelopment Planning
44
44
MS
PE (CA)
Hal Arbogast
Construction Management
41
7
MS
PE (CA)
Shawn Morrish
Construction Quality Assurance
9
9
MS
-
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 4
2.3 KEY PROJECT PERSONNEL
JP;iO Uu '� cY Pl
Project Management Team
Project Director
A�
BS, Chemical Engineering (California State Polytechnic University, Pomona)
Registered Professional Engineer CA (#84806)
40-Hour HAZWOPER Training 18-Hour Refresher
Sami has 18 years of experience relating specifically to GCCS permitting, design, construction, and OM&M. He is the
Director of Engineering and Field Services for Tetra Tech SWW's Methane Gas Group. He is Project Manager for GCCS
design and OM&M services for Orange County Waste and Recycling's South Region Landfills and has managed complex
GCCS programs at sites located directly adjacent to residential neighborhoods including the Coyote Canyon Landfill in
Newport Beach, CA. He has worked closely with the South Coast Air Quality Management District (SCAQMD) during the
design of GCCS expansions, and GCCS compliance monitoring. He has an outstanding record of collaborating with clients
to ensure landfills remain in full compliance with all regulatory requirements. He has closely coordinated between
engineering, compliance and field monitoring staff on multiple -site OM&M programs and has performed data analysis
and interpretation to assist in optimizing overall GCCS performance. Sami has also managed the development of
permitting plans and GCCS designs for dozens of landfills across California.
Pd E,,jai s, E-L . Project Management Team
Project Manager
BS, Civil & Environmental Engineering (University of California, Berkeley)
California Registered Engineer in Training
40-Hour HAZWOPER Training 18-Hour Refresher ° a
Chelsea has five years of experience assisting and leading engineering design teams responsible for the optimization
and operation of GCCS. She has supported LFG wellfield investigations and helped develop solutions to improve GCCS
operational efficiency. She has also provided construction quality assurance (CQA) services, coordinating between clients
and construction contractors during GCCS installation, including drilling and backfilling wells, pumps, and piping. She
has also been involved in the preparation of permitting plans and has been involved with landfill gas reporting programs
which comply with the requirements of local Air Pollution Control Districts, the California Air Resources Control Board,
and the USEPA.
B.S., Chemical Engineering (California State University, Northridge)
40-Hour HAZWOPER
Gus has 43 years of experience in the LFG and methane gas processing fields. He has been Principal Engineer for the
master planning, permitting, and design of GCCS at more than 75 landfills in California and the western US. He is highly
skilled in troubleshooting and implementing upgrades to existing GCCS systems that have had historic difficulty meeting
regulatory compliance guidelines. He has achieved an outstanding record of helping clients keep their landfills in full
compliance with the requirements of various California Air Pollution Control Districts, the California Air Resources Board,
and the US Environmental Protection Agency. Gus provided technical input into the development of some of the first
landfill surface emissions guidelines in California (SCAQMD Rule 1150.1).
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 5
Chd dne AYboa8t, i'.). . Project Management Team
• Principal
B.S., Civil Engineering (California State Polytechnic University, Pomona) AQ
CA Registered Civil Engineer (#42578)
Christine has more than 40 years of landfill development and closure experience, primarily on southern California landfill
sites. She leads Tetra Tech's solid waste practice in the western United States. Early in her career, she managed closure
engineering and permitting for several large landfill southern California landfills (Coyote Canyon, Santiago Canyon), and
directed the development of Final Closure/Post Closure Maintenance Plans for more than 15 landfills. She has
represented clients before regulatory bodies such as the Santa Ana Regional Water Quality Control Board, CalRecycle,
and state and federal natural resource agencies. She was Project Manager of an award -winning project to a develop
public athletic complex on a former landfill (Mountain View Sports Park) and managed the initial study and design of a
park expansion at a former landfill for the City of La Habra.
I �>hddr,• i Kcenl'� Landfill Gas Team
Kendra is an Environmental Scientist with 25 years of experience in the environmental industry with experience in LFG,
environmental compliance, field sampling and monitoring, data analysis and reporting, and groundwater monitoring. She
has managed air permitting and compliance activities for landfills throughout California, Arizona, and Nevada. She is
responsible for reviewing and reporting LFG collection system operational data at landfills subject to New Source
Performance Standards (NSPS), National Emissions Standards for Hazardous Air Pollutants (NESHAP), and subject to
local Air Quality Management District rules and regulations. Kendra has also performed Quality Assurance/Quality
Control document reviews, developed permitting documents, and negotiated with local regulators on LFG projects.
Landfill Gas Team
Project • • GCCS Engineering
MS, Environmental/Civil Engineering (University of California at Berkeley)
BS, Civil Engineering (University of California at Berkeley)
Registered Professional Engineer, CA (#52827)
40-Hour HAZWOPER Training 18-Hour Refresher Mat
Paul has 33 years of experience in air quality and LFG projects and is a leader in the LFG field. His experience is
comprised of all aspects of LFG projects, including LFG migration assessment, energy feasibility studies, all phases of
design (preliminary through construction plans), permitting, construction, start-up, and OM&M. Paul has managed
numerous LFG projects as well as multi -disciplinary projects involving other aspects of landfill design and construction.
In recent years he has worked extensively with public and private landfill operators to develop renewable energy projects
at landfills and wastewater treatment plants. He has worked with the largest energy developers in the United States
during the feasibility assessment, design, construction, and OM&M of LFG to energy and LFG to vehicle fuel facilities
which provide important supplemental revenue streams to site owners.
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 6
Landfill Gas Team
Kelly has 42 years of experience in GCCS construction, landfill post closure maintenance, and the repair of LFG wells,
probes, conveyance piping, headers, blowers, and flare stations. He has directed multi -million -dollar emergency repair
projects to repair damage caused by wildfires and has developed strategies to optimize the performance of under-
performing GCCS at closed landfills. He recently worked with Tetra Tech engineering staff during the renovation and
upgrade of a poorly performing GCCS at a large, closed landfill owned by the County of Orange. He also managed multi-
million -dollar contracts to repair damage to two County of Orange Landfills that had suffered catastrophic damage from
regional wildfires.
Yousef Ibrahim Landfill Gas Team
BS, Mechanical Engineering (California State University, Long Beach)
40-Hour HAZWOPER Training 18-Hour Refresher
Yousef is a project engineer with six years of experience in the design, construction and operation of landfill gas
collection and control systems at Southern California landfill facilities. He has experience in the preparation and
processing of regulatory reports documenting landfill gas system operation and maintenance programs. He has been
involved in the coordination between engineering and field monitoring staff on multiple -site OM&M programs and has
performed data analysis to assist in optimizing overall Landfill Gas Collection System performance. He has also been
involved in the preparation of permitting plans and has been involved with landfill gas reporting programs which comply
with the requirements of local Air Pollution Control Districts, California Air Resources Control Board, and United States
Environmental Protection Agency.
("alleb Landfill Closure Team
• Civil Engineering Services
M.S., Civil Engineering (University of Southern California) '
B.S., Civil Engineering (California State Polytechnic Univ., Pomona)
California Registered Civil Engineer (66580)
Caleb has 26 years of experience in solid waste and civil engineering. He is Tetra Tech's Vice President of Waste Division
and specializes in the design of liner systems, landfill cover systems, leachate collection systems, and the design of
grading, drainage, and earthwork improvements. He has worked with the Santa Ana, Lahontan, and Colorado River
Regional Water Quality Control Boards in support of landfill development and closure projects. His project experience
managing closure design projects at the Alameda IR2, Vandenberg, Palo Verde, and Ocotillo landfills, as well as a waste
disposal unit at the San Bernardino International Airport which was redeveloped for parking improvements.
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 7
Peter Skopek, Ph.D., P.E., G.E. Landfill Closure Team
Geotechnical Engineering Services
Ph.D., Geotechnical Engineering (University of Alberta)
M.S., Geotechnical Engineering (Czech Technical University)
California Registered Geotechnical Engineer (#2635)
Registered Civil Engineer (#59242)
Peter has 36 years of experience in geotechnical engineering. His experience has included slope stability
assessment and stabilization design, seismic hazard evaluation, liquefaction assessment and direction of
geotechnical site investigations. He has directed geotechnical investigations to supportthe permitting, design,
and implementation of landfill infrastructure improvements, waste disposal cell development, and landfill
closure and redevelopment. He has performed landfill final cover analysis utilizing using software such as
Hydrologic Evaluation of Landfill Performance, HELP Model Version 3.07 and UnsatH. Dr. Skopek has
specialized experience evaluating the development of active and passive end -uses on historic landfills and
disposal sites.
J mvo,uw Wechmdann, P.E. Landfill Closure Team
• ' • Landfill Redevelopment Evaluation
• M.E., Hydraulic/ Hydrodynamic Engineering, University of Florida
BS, Civil Engineering, Loyola Marymount University
_ CA Registered Civil Engineer (#C33678)
California Licensed General Engineering Class "A"
Javier has 44 years of experience in civil and environmental engineering and remediation. He has conducted
remedial investigations, feasibility studies, engineering, design, and planning for civil design and remedial
implementation projects. He was Tetra Tech's Program Manager and Corporate Sponsor for redevelopment
remedial systems activities at the Cal Compact Landfill between 2007 and 2017. In this capacity he was
responsible for the design, permitting, and construction of the remedial systems for groundwater, soil, and
landfill gas, in conjunction with the installation of an impermeable cap to prevent human exposure to landfill
contents. Most recently, he managed the design and construction of the closure of multiple historic landfills
in Santa Fe Springs for redevelopment as a Fed Ex trailer parking facility. He is also supporting the City of
Anaheim during the redevelopment of three historic landfills as a mixed -use commercial/residential facility.
Hal Arbogast, P.E., QSD/QSP Landfill Closure Team
Construction Management
B.S., Civil Engineering (West Virginia University)
Registered Civil Engineer (#40484)
Qualified SWPPP Developer and Practitioner
Hal has 41 years of experience in public works management and the oversight of municipal Capital
Improvement Programs. He has specialized experience in landfill construction management and provided CM
services during the installation of geosynthetic liner systems at the Mid -Valley Sanitary Landfill (Unit 4, Phase
1 Groundwater Protection Project), and Victorville Sanitary Landfill (Phase 113 Stage 3). He has overseen the
planning, design, and construction of improvements to streets, bridges, sewers, storm drains, building, and
public recreational facilities. He has directed public works departments with more than 100 employees and
annual operated budgets of more than $20 million.
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 8
30 nWIFIC.ATION 8t EXPERIENCE
3.1 LANDFILL GAS MANAGEMENT
0 Newport Terrace Closed Landfill - Newport Beach, California
Client: City of Newport Beach I Dates of Service: 2024
The City of Newport Beach recently selected Tetra Tech to conduct an investigation to
determine the source of Methane detected in Probe CP-01RB at the Newport Terrace
Landfill. Tetra Tech prepared and submitted a Work Plan to the Orange County
Environmental Health Division for performing advanced gas characterization and
fingerprinting analysis for the gas in the probe. The resulting investigation determined
that the gas in Probe CP-01RB at the 25-foot depth was thermogenic gas (i.e., natural
gas or coal gas) and not generated by the landfill.
Sparks -Rains and Anderson Pit Disposal Sites GCCS System Design - Anaheim, California
Client. City of Anaheim I Dates of Service: 2011- Present
Tetra Tech is providing post -closure maintenance and monitoring of three historic
landfills located in a fully developed and commercial/residential area of Anaheim. The
City of Anaheim is currently redeveloping the site as a commercial shopping center,
and Tetra Tech has provided closure design, and design of site environmental controls
over the last 13 years to support that process. Tetra Tech designed improvements for
the LFG migration controls at the site. The upgraded system features a blower facility,
a network of vertical extraction wells and horizontal collectors, automated condensate
sumps, and a GAC gas treatment system.
0 Frank R. Bowerman Silverado Fire Emergency GCCS Repairs - Irvine, CA
Client. County of Orange, OC Waste & Recycling I Dates of Service: 2001- Present
Tetra Tech has been performing OM&M of GCCS at four landfill facilities in Orange
County Waste & Recycling's (OCWR's) Central Region since 2001. This includes
monitoring, inspection, and maintenance of horizontal gas collectors, vertical wells,
header systems, thermal oxidizers, and flare stations. Tetra Tech also conducts
routine preventative maintenance and repair of equipment throughout the systems.
Tetra Tech repaired catastrophic damage to the LFG control system at the Frank R.
Bowerman Landfill caused by the October 2020 Silverado wildfire. Complete repair of the system was completed in a
month, well ahead of the aggressive deadline established by the SCAQMD.
0 Coyote Canyon Landfill GCCS Refurbishment - Irvine, CA
Client: County of Orange, OC Waste & Recycling I Dates of Service: 2016 - 2017
Tetra Tech was selected to address deferred GCCS maintenance and deficiencies at an
inactive 290-acre landfill where an energy developer had previously been responsible
for site OM&M. The landfill is located directly adjacent to residential neighborhoods in
Newport Beach, California. Most of the LFG wells at the landfill required some level of
repairto bringthem into acceptable operating conditions. This included replacement or
addition of wellhead assemblies, sample ports, flex hoses, or realignment of lateral lines to avoid low spots. Tetra Tech
also replaced 75 wellheads, redesigned and repaired 7 solar operated condensate sumps, modified the site flare station
to process gas flows of 3,600 SCFM, and mitigated multiple hot probes. The site was brought into full regulatory
compliance.
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 9
® OC Waste & Recycling South Region Landfills - Orange County, CA
Client. OC Waste & Recycling I Dates of Service: 2006 - Present
Tetra Tech has been providing GCCS OM&M services for landfills in the OCWR's South Region
0
for 16 years. OCWR's South Region includes landfills in Newport Beach, Irvine, and San Juan
Capistrano. Routine activities include OM&M of flare stations, blowers, generators, air W
injection systems, air compressors, wellfield, and condensate management systems.
Additional responsibilities include response to emergency and non -emergency callouts by OCWR staff, construction of
upgrades and repairs to GCCS, SCAQMD Rule 1150.1 monitoring, including perimeter probe sampling, indoor monitoring
of the flare station control building, and positive pressure leak testing.
® Waterman Landfill GCCS Design and OM&M - San Bernardino, CA
Client: City of San Bernardino I Dates of Service: 2005 - Present
Tetra Tech is GCCS OM&M contractor at the closed Waterman Landfill located in San
Bernardino, California. Monthly inspection is performed to identify potential problems
caused by the dynamic nature of landfills. Items such as dislocations and breaks in
pipes and fittings are recorded on monitoring forms. Routine OM&M activities also
include monitoring of seven probes using a calibrated GEM-5000 and monitoring 50
LFG extraction wells. The site LFG treatment system (designed by Tetra Tech) features --
a carbon adsorption system with three carbon vessels as well as a potassium permanganate (KMn04) vessel.
® Fairmead Landfill GCCS OM&M & Repair Services - Madera, CA
Client: County of Madera I Dates of Service: 2013 - Present
Tetra Tech has provided GCCS design, construction, and OM&M services at this site for 11
years. Responsibilities include monitoring and maintenance of the site flare station, LFG gas
wellfield, and condensate sumps, as well as SEM, perimeter probe monitoring, and OM&M of
the leachate collection and removal system (LCRS). Tetra Tech designed and built a
replacement flare station at the site, and designed the expansion of the Unit 2 and 3 GCCS (drilling and installation of 22
landfill gas collection wells, installation of thousands of feet of collection piping, installation of two condensate collection
sumps, and all connections to the existing GCCS).
® Geer Road Landfill GCCS OM&M & Repair Services - Modesto, CA
Client. County of Stanislaus I Dates of Service: 2012 - Present
Tetra Tech has been providing GCCS OM&M and repair services at this closed landfill since 2013.
Routine services include LFG well and probe monitoring, flare station inspection and maintenance,
and SEM. Tetra Tech designed and constructed significant modifications to the site flare station,
including updates to the programmable logic controller to automate the collection and storage of
operational data. Tetra Tech also provided fast -track emergency repair of the site GCCS after it was
significantly damaged in a wildfire.
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 10
3.2 LANDFILL CLOSURE / REDEVELOPMENT
0 Kalico Landfill Redevelopment - Santa Fe Springs, CA
Client. Rawlins Family Trust I Dates of Service: 2018 - Present
Tetra Tech provided design -build services for the final closure and
redevelopment of a landfill in Santa Fe Springs which operated from 1956 to
1962. Tetra Tech prepared a Post Closure Land Use Plan, as well as
engineering plans and specifications for site grading and drainage, landfill gas
control systems, and groundwater monitoring systems. After obtaining
necessary permits and regulatory approvals for these plans and improvements,
Tetra Tech performed the construction the landfill cap, the landfill gas collection, control and monitoring system, and
the surface water control and treatment system.
13 Mountain View Landfill - Mountain View, CA
Client. City of Mountain View I Dates of Service: 2019 - 2015
Tetra Tech provided civil, geotechnical, and LFG engineering, planning, design, c, T
and permitting support services for the development of the Mountain View Athletic
Fields. Successful execution of work required balancing several interrelated
factors, including protection of the integrity of the existing landfill cover system,
continuation of measures to control migration of landfill gas, accommodation of
landfill settlement, protection of habitat of the Western Burrowing Owl, and
development of a first-class athletic field park for the community. Tetra Tech
developed permitting documents describing the proposed land use change proposed for the property. This included
development of procedures to prevent damage to the cover system, above -ground structures, pavement, and the
landfill gas monitoring and control system.
M Forster Canyon Landfill - San Juan Capistrano, CA
Client. Advance Group LP I Dates of Service: 2008 - Present
Tetra Tech is providing a variety of closure planning, engineering, and construction
services to an investment group implementing the redevelopment of this inactive 50-
acre Class III municipal landfill located. This included preparation of a Clean Closure
Plan (CCP) for the partial clean closure of the perimeter of the property. Site closure
includes excavation of approximately 350,000 cubic yards of waste buried along the
northeastern, eastern, and southeastern sides of the landfill prism, and
reconsolidation of excavated materials onto the western front -face of the landfill.
'm Alameda IR2 Landfill Closure - Alameda NAS, CA
Client. NAVFAC Southwest I Dates of Service: 2011- 2013
Tetra Tech prepared the final designs for the closure of the Installation
Restoration (IR) program Site 2, at the Alameda Naval Weapons Station. The
site is located directly adjacent to San Francisco Bay. Tetra Tech updated the
existing preliminary designs for landfill closure, prepared of final design plans,
geotechnical design, preparation of technical specifications, and a
Construction Quality Assurance (CQA) Plan. The final cover system incorporates a unique biotic layer to prevent
burrowing animals from penetrating the waste prism. This one -foot layer consisting of six-inch cobbles or recycled
concrete, with fine grain soil occupying the void space between the cobbles. A passive landfill gas venting system was
also designed.
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 11
® San Bernardino Airport Waste Disposal Unit Closure - San Bernardino, CA
Client: City of San Bernardino I Dates of Service: 2005 - 2010
Tetra Tech provided final grading and drainage design and construction support '+e�
for the development of a 20.4-acre parking lot above a closed non -hazardous
waste disposal unit at the San Bernardino International Airport. Tetra Tech
developed construction plans and specifications for the removal the existing
vegetation, and reworking and re -compaction of twelve inches of the upper soil
layer to meet parking area standards. Approximately four inches of asphaltic
concrete was placed over six inches compacted base subgrade in accordance with industry and California Department
of Transportation standards.
a Heaps Peak Disposal Site Final Cover Repair - Running Springs, CA
Client: San Bernardino County Solid Waste Management Division I Dates of Services 2015 - 2020
Tetra Tech prepared construction plans and specifications for the stabilization and
closure of a 2.4-acre portion of the Heaps Peak Disposal site. A slope failure was
located east of the facility's Subtitle D disposal footprint limits where closure cover
had not been constructed. The project involved stabilization of the existing slopes
and design of a permanent cover for the incidental waste disposed in this area.
N
Repairs incorporated drainage structures to convey flows from storm water and
,
snowmelt around or through the project area without causing further erosion to slopes.
® Newby Island Landfill Partial Closure Design - San Jose, California
Client: Republic Services I Dates of Service: 2011 - 2012
Tetra Tech prepared construction plans and specifications for the final closure of a
portion of the active Newby Island Landfill. The client wished to move the site landfill
gas to energy (LFGTE) plant to a D-shaped parcel on the eastern portion of the
property. Tetra Tech assisted the client in preparing a Partial Final Closure Post -
Closure Maintenance Plan (PCPCMP) to reflect these changes. As part of this effort,
Tetra Tech developed construction level plans and specifications for the partial final
closure of the project area. The final cover constructed for the D shaped parcel
consisted of asphaltic concrete (AC) and was used as a parking and fueling area for refuse collection truck and staff
parking.
® Ina Road Landfill Final Closure Design - Tucson, Arizona
Client: Pima County Department of Environmental Quality I Dates of Service: 2018 - 2022
Tetra Tech provided closure design and construction management services during ! )
the final closure of a former municipal solid waste landfill located on the east bank A�
of the Santa Cruz River in northwest Tucson. A Pima County Regional Wastewater ► «>�r r'
Reclamation Department solar energy facility is being developed at the site �' c '•_
following final closure construction. Construction -level final grading and perimeter
deck drainage plans were prepared to achieve a minimum drainage slope on the
final cover section, commensurate with existing grading and drainage plans. Tetra Tech provided construction
management during final closure construction, which involves the placement, compaction, and re -vegetation of the
final cover system.
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 12
4. LICENSL'.
Tetra Tech is a licensed California General Engineering Contractor (A-HAZ), and C57 well drilling contractor (#572017
expiration date 6/30/2025). As stated in Section 2, our proposed project team includes multiple California registered
civil and geotechnical engineers.
5. REFERENCES
County of Orange, OC Waste & Recycling
Projects: GCCS OM&M, Landfill Planning & Engineering I Reference: Kevin Oxford: (949) 728-3042 1
Dates of Service: 2006 - Present
City of Anaheim
Projects: Landfill Redevelopment Planning, Engineering, GCCS OM&M I Reference: Stephen Stoewer (714) 765-4338
Dates of Service: 2013 - Present)
County of Madera
Projects: On -Call Landfill Engineering, LFG Management Reference: Jared Carter - (559) 675-7811
Dates of Service: 2014 - Present
6. DISCLOSURES
Tetra Tech has no prior or ongoing incidents where it has defaulted or failed to perform its contracted duties. Tetra
Tech has not been terminated from any agreement for failure to perform and has not been terminated from any
agreement prior to adequate project completion. Tetra Tech BAS, Inc. (proposed prime contractor) is not the subject of
any pending civil or criminal litigation or investigation involving our performance, or in which Tetra Tech has been
judged guilty or liable. Tetra Tech has not been debarred, suspended or otherwise lawfully precluded from participating
in any public procurement activity, including being disapproved as a subcontractor with any Federal, state, or local
government. No such preclusions are currently pending.
7. ABILITY TO PROVIDE WORK IN A TIMELY MANNER
Tetra Tech has the capacity and staff available to perform all work associated with this contract. The proposed Tetra
Tech staff members identified in our project organization chart (Section 2) are available to work on this contract and will
not be substituted without the City's prior approval. We have the capacity to address all technical aspects of this project
and can dedicate additional qualified staff to the Project from in-house resources if the need arises.
Tetra Tech's current landfill gas services workload includes multiple "on -call" contracts which are periodic in nature. As
a result, we have the capacity to accommodate all work anticipated during this project. Since we maintain an average
staff utilization ratio of 65 percent, we can perform additional assignments required by the project using select staff
dedicated to the performance of the work and have the capacity to accommodate additional work.
n HOURLY RATE SCHEDULE
Tetra Tech's proposed hourly rate schedule for this contract is provided on the following pages.
TETRA TECH STATEMENT OF QUALIFICATIONS I PAGE 13
EXHIBIT B
SCHEDULE OF BILLING RATES
Tetra Tech BAS, Inc. Page B-1
TETRA TECH SOLID WASTE WEST
SCHEDULE OF CHARGES
PERSONNEL
RATE
PERSONNEL
RATE
Administrative Assistant
$102
Staff Env. Specialist/Scientist 1
$1 15
Project Clerk
$91
Staff Env. Specialist/Scientist II
$127
Project Data Analyst
$84
Project Env. Specialist/Scientist 1
$139
Office Services Clerk
$102
Project Env. Specialist/Scientist 11
$159
Project Coordinator
$153
Project Env. Specialist/Scientist 111
$174
Senior Project Coordinator
$175
Senior Env. Specialist/Scientist 1
$184
CAD Tech 1
$95
Senior Env. Specialist/Scientist II
$193
CAD Tech II
$1 1 1
Senior Env. Specialist/Scientist 111
$205
CAD Tech 111
$131
Field Data Collector
$70
CAD Tech IV
$151
Staff Planner/Permitter 1
$77
Designer 1
$169
Staff Planner/Permitter II
$95
Designer 11
$184
Staff Planner/Permitter 111
$102
Designer III
$203
Project Planner/Permitter I
$1 19
Designer IV
$221
Project Planner/Permitter 11
$131
Staff Engineer 1
$128
Project Planner/Permitter III
$144
Staff Engineer 11
$139
Project Planner/Permitter IV
$154
Staff Engineer III
$151
Senior Planner/Permitter 1
$166
Project Engineer 1
$161
Senior Planner/Permitter 11
$181
Project Engineer 11
$173
Senior Planner/Permitter III
$193
Project Engineer 111
$184
Senior Planner/Permitter IV
$213
Senior Engineer 1
$194
Senior Planner/Permitter V
$232
Senior Engineer 11
$205
Principal Planner/Permitter
$294
Senior Engineer III
$217
Architect 1
$139
Supervising Engineer 1
$228
Architect II
$166
Supervising Engineer 11
$238
Architect 111
$194
Supervising Engineer 111
$250
Architect IV
$222
Division Engineer 1
$271
Staff Geologist 1
$130
Division Engineer II
$283
Staff Geologist II
$140
Principal Engineer
$309
Staff Geologist III
$150
Principal
$332
Project Geologist 1
$160
Senior Principal
$349
Project Geologist II
$174
Project Manager
$182
Project Geologist III
$184
Project Manager 1
$193
Senior Geologist 1
$194
Project Manager II
$221
Senior Geologist II
$205
Project Manager 111
$233
Senior Geologist 111
$217
Project Manager IV
$244
Supervising Geologist 1
$228
Project Manager V
$256
Supervising Geologist II
$238
Senior Project Manager
$266
Supervising Geologist III
$250
Program Director
$316
Principal Geotechnical Eng/Geologist
$269
Project Advisor*
$275-$375
Principal Geotechnical Eng
$298
Construction Supervisor 1
$184
Soils/Asphalt/Field Technician
$122
Construction Supervisor 11
$194
Soils/AsphalUField Technician - Prevailing Wage
$149
Construction Supervisor III
$205
Technician
$62
Construction Manager I
$217
Technician 1
$93
Construction Manager II
$233
Technician 11
$109
Senior Construction Manager
$271
Senior Technician 1
$121
Principal Construction Manager
$298
Senior Technician II
$144
Chief of Survey Parties
$203
Senior Technician 111
$157
1-Man Survey Party with GPS
$245
Chief Technician
$177
2-Man Survey Party
$363
Senior Operator
$179
Rates are Effective January I, 2025 - December 31, 2025, Court Appearance (Expert Witness, Deposition) and Overtime Premium is 130% of Personnel Hourly Rate. *Rate for
Project Advisor to be based on specialized staff required.
IN-HOUSE EXPENSES OTHER EXPENSES
3% of Total Personnel Fees Company and Survey Vehicles $17/hour
Personal Vehicle $0.65/mile Other Out -of -Pocket Expenses/Supplies/Travel Cost+ 15%
Company Vehicle $0.75/mile Consultants/Outside/Construction Services Cost + 15%
Per Diem for Living Expenses Federal +15%
Equipment Usage See Attached Schedule
Outside services performed by others and direct expenses incurred on the Dient's behalf are charged an administrative fee of fifteeen (15%) to cover the cost to provide for administration, sub -
consultant contract coordination and insurance. Fee to be added to the direct cost of oll consultants, vendors, materials, equipment suppliers, other direct costs, and any other outside services.
RS2500 Page 1 of 2
TETRA TECH SOLID WASTE WEST
EQUIPMENT RENTAL RATES
Rates are Effective January I, 2025 - December 31, 2025
• •.
4 Gas Range Meter CH4, H2S, CO, 02 (Sentinel 44)
..
$75
$225
. -
$575
Alpha - I Personal Sampling Pump
$75
$200
$500
Disposable Bailer
$20/each
n/a
n/a
CO2 Calorimetric Analysis Tubes
$40
$125
$250
Downhole Camera
$75/hr
n/a
n/a
Dupont Dosimeter Mark-3 (Personal Sample Pump)
$50
$150
$300
Flow Calibrator (Gilian)
$50
$150
$300
Gas Extraction Monitor (GEM 500 / 2000 / 2000 Plus)
$145
$445
$1,330
Lung Sampler (Nutech 218)
$100
$300
$800
Mini -Ram Data Logger
$40
$125
$250
Mini -Ram Dust Meter
$50
$150
$300
Organic Vapor Analyzer (OVA 128)
$125
$400
$1,000
Photo Ionization Detector (OVM580B)
$125
$400
$1,000
Sample Train (Gas Extraction Pump)
$50
$150
$300
Soil Auger/Sampler
$30
$90
$180
Sounder (Liquid Level Indicator)
$40
$125
$250
Horiba Meter
$50
$200
$400
MiniRae 2000
$75
$200
$500
GT Surveyor
$75
$200
$500
GPS Enabled SEM Leak Detection Equipment
$250
$800
$2,400
GPS Survey Equipment Services
n/a
$200
n/a
Groundwater Sampling Equipment
$30/hour
n/a
n/a
Company Vehicle
$130
$550
$1,750
Field Sampling Supplies:
100/day
n/a
n/a
LEVEL C (Per Person)
Respirator with Cartridge (full or half faced), Tyvek Coveralls,
Outer Gloves, Glove Liners, Neoprene Boots
$150
n/a
n/a
Sand Cone or Nuclear Density Gauge
$14/hour
n/a
n/a
Hand auger and soil sampling equipment
$70
n/a
n/a
BAT Permeameter
$250
n/a
n/a
Double Ring Infiltrometer
$250
n/a
n/a
Inclinometer data collection system
$400
n/a
n/a
Infiltration test flowmeter
$130 per day -test
Floor level manomenter
$80
n/a
n/a
Moisture vapor emission test kit (material only)
$40/kit
n/a
n/a
Field inspection kit (camera, recorder, GPS)
RS2500
$35 n/a n/a
Page 2 of 2
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Tetra Tech BAS, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
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 from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation (except for nonpayment for which ten (10)
calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Tetra Tech BAS, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
Tetra Tech BAS, Inc. Page C-3
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Tetra Tech BAS, Inc. Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Tetra
Tech BAS, Inc., hereinafter designated as the "Principal," an agreement for maintenance
and/or repair services, in the City of Newport Beach, in strict conformity with the
Agreement on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Tetra Tech BAS, Inc. Page D-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal) Authorized Signature/Title
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Tetra Tech BAS, Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On , 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Tetra Tech BAS, Inc. Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Tetra
Tech BAS, Inc., hereinafter designated as the "Principal," an agreement for maintenance
and/or repair services in the City of Newport Beach, in strict conformity with the
Agreement on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
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notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
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