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HomeMy WebLinkAboutBRG Consulting Inc; 2005-12-06;AMENDMENT NO. 1 AGREEMENT WITH BRG CONSULTING, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR MARINERS COVE EIR 05-04 THIS AGREEMENT, made and entered into as of the _ day of . 2006, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and BRG Consulting, Inc., hereinafter referred to as "Consultant", shall serve to amend the previous contract dated December 6, 2005, attached hereto. All provisions of the original contract shall remain in effect, except the Work Program referenced in Section 1(a) shall be amended to include the additional work outlined in the Consultant's revised proposal, dated October 17, 2006, attached hereto, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by Ten Thousand, Six Hundred, and Seventy-Five dollars ($10,675.00) for the additional work, making the maximum fees payable a total of Ninety Seven Thousand, One Hundred, and Forty-Four dollars ($97,144.00). IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: BRG Consulting, Inc. BRG CONSULTING INC Name of Contract CITY OF CARLSBAD, a munici- pal corporation of the State of Californi Bj CiTy Managep-or Mayor ATTEST: (sign here) ERICH R LATHERS, PRESIDENT (print name/title IE _ (sign here) (print name/title) APPROVED AS TO FORM: RONALD R, BALL, City Attorney •f --m..-- <- ""«,*,>* Bv: //Assistant Clfy Attorney City Attorney Approved Version 03/17/04 1980 - 2005 October 17, 2006 Mr. Ghrister Westman Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 SUBJECT: MARINER'S COVE - SCOPE OF WORK AND COST AUGMENTATION REQUEST FOR TRAFFIC ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES Dear Mr. Westman: BRG Consulting, Inc. (BRG, Vendor #V010196)) is providing this scope of work and cost augmentation request to the City of Carlsbad regarding the additional traffic engineering services that were requested by the City. This scope of work and cost augmentation request is proposed to amend the existing Agreement dated December 6, 2005 between the City and BRG. In the Request for Qualifications (September 6, 2005), traffic was not identified as an environmental issue area to be included in the EIR. BRGs original scope of work and cost estimate did not include meetings, discussions or incorporation of a traffic report into the EiR. Upon further review by the City, it was determined that a traffic study would be needed. Subsequently, Hallmark Communities identified that a traffic letter report had previously been. prepared for the proposed project. The City reviewed the traffic letter report and determined that additional analysis would be needed. After several rounds of review and discussion between the City's traffic engineers and LOS Engineering Inc., a final scope of work was developed and is provided below. The most recent correspondence by City staff requested the analysis of roadway segments and intersections where 20% of the project traffic is anticipated to travel. The project with 40 multi- family units is calculated to generate a total of 320 Average Daily Trips (ADT), of which 20% equals 64 ADT. Normally the number of study segments and intersections requires a magnitude of 10 times that level of project traffic; however, it appears that the issue at hand is the extent of potential traffic impacts to the surrounding neighborhood. Thus, LOS Engineering's proposal includes the analysis of 6 segments and 3 intersections all of which are located in the surrounding local neighborhood. BRG Consulting, Inc. • Environmental Planning and Impact: Assessment • Land Use Planning and Permitting 304 Ivy Street • San Diego, California • 92IOI-2030 • 619-298-7127 FAX 619-298-0146 October17, 2006 C. Westman Page 2 Scope of Work - Traffic Study (LOS Engineering, Inc.) Task 1: Project Initiation and Data Collection 1) Coordinate with BRG and/or development team to learn the project objectives. 2) Coordinate or meet with the City of Carlsbad to scope the project analysis requirements. 3) Collect Average Daily Traffic (ADT) volumes (24-hour machine counts) at the following locations: a. Hillside Dr. between Tamarack and Park Dr. b. Park Dr. between Hillside Dr. and Neblina Dr. c. Park Dr. between Neblina Dr. and Valencia Ave. d. Park Dr. between Valencia Ave. and Alondra Way e. Park Dr. between Alondra Way and Kelly Dr. f. Kelly Dr. between Hillside Dr. and El Cam!no Real 4) Collect or obtain AM and PM peak hour intersection counts at three (3) locations in the project area, which include: a. Park Dr./Neblina Dr. b. Park Dr./Valencia Ave. c. Park Dr./Alondra Way 5) Visit the project site including the surrounding area to note existing conditions with respect to: intersection control, intersection lanes, intersection signal phasing, street widths, street types, surrounding parking restrictions, and any other needed traffic control information. 6) Obtain relevant information from approved traffic reports for all short-term approved or agency requested cumulative projects. Cumulative projects are other projects that are planned but not completed but would generate traffic upon opening. Task 2: Near-Term Analysis 1) Determine the existing peak hour Level of Service (LOS) at the key intersections using either an Intersection Capacity Utilization (ICU) ratio or the 2000 Highway Capacity Manual (HCM) methodology for City intersections and on the street segments using the agency's table. 2) Prepare a traffic generation forecast for the project on an AM and PM peak hour and ADT basis using applicable traffic generation rates. Assign the project traffic onto the surrounding roadway network. October 17, 2006 C. Westman Pages 3) Determine the traffic generation, distribution, and assignment for all the short-term approved or agency requested cumulative projects required for analysis by the agency. 4) Determine the intersection and roadway segment LOS for the study scenarios of existing, existing + project, and existing + project +cumulative conditions. 5) Document the potential significant traffic impacts of the project based on the agency's criteria. 6) Document measures required to mitigate the calculated project traffic impacts, if mitigation measures are applicable. th7) Prepare a corner, sight distance analysis at the project driveways based on the 85 percentile speeds along the project frontage. th8) Document traffic calming, speeding, and accidents along Park. Document the 85 percentile speeds at three locations along Park, conduct field work, provide a list of possible speed reduction measures, and include a table summarizing the City's documented accidents along Park. 9) Incorporate the City's intersection warrant analyses at Park/Valencia, Park/Neblina, and Park/Alondra into the traffic study. 10) Include a chapter on haul routes and construction traffic. Prepare intersection and segment LOS calculations with the anticipated construction traffic. 11) Document and discuss the reduced roadway improvement of 40 feet on Park Drive. 12) Include a chapter for parking on-site, on the cul-de-sac adjacent to the project, and estimate the parking demand for the trail users. Task 3: Report and Meetings 1) Submit a draft traffic report to BRG for review. Make editorial changes if requested by BRG and submit to the City. 2) Three hours are designated for meeting, hearing, or conference call time. The proposed cost estimate to provide traffic-engineering services is Seven Thousand, Nine Hundred and Twenty Five Dollars ($7,925.00). LOS Engineering, Inc. proposes be reimbursed at the following rates for the tasks described above, inclusive: 1) Meetings shall be billed on a time and materials basis, portal to portal, at $125 per hour. 2) Expenses, with the exception of mileage, shall be billed at cost plus 10 percent. October17, 2006 C. Westman Page 4 3) Mileage shall be billed at a rate of $0.50 per mile. BRG Scope of Work In the Request for Qualifications (September 6, 2005), traffic was not identified as an environmental issue area to be included in the EIR. BRGs original scope of work and cost estimate did not include meetings, discussions or incorporation of a traffic study into the EIR. BRG has been providing project management services in the development of the traffic report scope of work. BRG proposes to continue providing project management services during preparation of the traffic study and will incorporate the traffic study into the EIR for a cost not-to- exceed Two Thousand, Seven Hundred and Fifty Dollars ($2,750.00). This cost includes time for the Principal, Project Manager, and Environmental Analyst. The total cost augmentation request associated with the additional traffic related work is for a cost not-to-exceed Ten Thousand, Six Hundred, and Seventy-Five Dollars ($10,675.00). We would not exceed the agreed upon budget without your prior authorization, and would conduct other specific tasks upon your request and authorization. BRG Consulting will invoice on a monthly basis for costs incurred during the preceding 30 days, according to the terms and hourly rates of the December 6, 2006 agreement with the City. Invoices are payable upon receipt. Sincerely yours, BRG CONSULTING, INC. Patrick O'Neill Project Manager AGREEMENT WITH BRG CONSULTING, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT - MARINERS COVE - EIR 05-04 THIS AGREEMENT, made this day of O$D& ,2045, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and BRG Consulting, Inc. hereinafter referred to as "CONTRACT0 R" . RECITALS WHEREAS, the CITY has entered into an agreement with Hallmark Communities hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as EIR 05-041CT 04-271SDP 04-17KP 04-121HDP 05-04 - MARINERS COVE which is located south of Park Drive adjacent to the Agua Hedionda Lagoon and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare an Environmental Impact Report on the subject project in accord with the California Environmental Quality Act as implemented by the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its implementing resolutions. In carrying out this obligation the CONTRACTOR'S duties 1 Rev. 08-08-97 shall include the following: (a) The CONTRACTOR shall, consistent with the Work Program contained in Attachment 2, (1) make all necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory tests and analyses; (3) appear and be prepared to answer questions and prepare testimony on the final Environmental Impact Report at all public hearings before the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the requirements of this section. Before preparing the draft report, the CONTRACTOR shall prepare and submit preliminary reports (screen check EIRs) as specified in Attachment 2 to the Planning Director for staff review. The CONTRACTOR shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. (b) CONTRACTOR shall prepare a draft report in compliance with the Work Program contained in Attachment 2 on file at the Planning Department (unless otherwise stated in this agreement), attached hereto and made a part hereof and with applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY the number of copies of the draft report specified in Attachment 2 plus a reproducible master of the draft Environmental Impact Report to the CITY. (c) CONTRACTOR shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONTRACTOR shall so inform the Planning Director who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. 2 Rev. 08-08-97 (d) CONTRACTOR shall prepare and file with the CITY written responses to all comments received subsequent to public notice that the draft Environmental Impact Report has been filed. CONTRACTOR shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Environmental Impact Report. 2. CITY OBLIGATIONS (a) The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY will make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposed project. (c) The CITY will review the Preliminary Report presented by the CONTRACTOR within fourteen working days of their receipt and make written comments to the CONTRACTOR within that time period. (d) The CITY shall provide the CONTRACTOR with copies of all written comments received on the draft Environmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather conditions may delay the completion of field work. The CONTRACTOR will be allowed as many additional days as are necessary to compensate for days lost due to inclement weather. The CONTRACTOR shall submit to the CITY five copies of the Preliminary Environmental Impact Report within six weeks 3 Rev. 08-08-97 of the signing of this agreement by both concerned parties. The CONTRACTOR shall submit to the CITY copies of the draft Environmental Impact Report as specified in Attachment 2 within ten working days of the completed staff review of the Preliminary Environmental Impact Report. 4. PAYMENT The CONTRACTOR will be paid a maximum of Eighty-six thousand four hundred sixty-nine dollars ($86,469.00) for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Attachment 3 on file at the Planning Department. The CONTRACTOR shall be paid within 21 days, in response to invoice, for 50 percent of the compensable services for the completion of the screen check draft Environmental Impact Report in accordance with Paragraph 1 above. The CONTRACTOR will be paid up to an additional 40 percent upon acceptance by the CITY of the response to comments from the CONTRACTOR, the final 10 percent will be paid, not to exceed the maximum amount provided in its agreement, within 21 days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City Council. 5. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum of $86,469.00 which amount is estimated to be sufficient to compensate the CONTRACTOR for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of Eighty-six thousand four 4 Rev. 08-08-97 hundred sixty-nine dollars ($86,469.00) without appropriate amendment to this agreement. 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.080. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the Planning Director who will inform a principal of the CONTRACTOR'S firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to 5 Rev. 08-08-97 pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. N 0 N DISC RI M I NATl ON CLAUSE The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT The CITY may terminate this agreement at any time by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the services completed to the date of notice of determination. IO. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the 6 Rev. 08-08-97 CONTRACTOR or the CITY Planning Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The CITY Planning Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 1 I. CLAIMS AND LAWSUITS The CONTRACTOR agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The CONTRACTOR acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR acknowledges that California Government Code Sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrative debarment proceeding wherein the CONTRACTOR may be prevented to 7 Rev. 08-08-97 act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the CONTRACTOR from the selection process. 6 (Initial) The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and 3.32.08 pertaining to false claims are incorporated herein by reference. OZ'' I n it ia I ) 12. STATUS OF THE CONTRACTOR The CONTRACTOR shall perform the services provided for herein in CONTRACTORS own way as an independent contractor and in pursuit of CONTRACTOR'S independent calling, and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in the request for proposal. The persons used by the CONTRACTOR to provide services under this agreement shall not be considered employees of the CITY for any purposes what soever. The CONTRACTOR is an independent contractor of the CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensation to which the CONTRACTOR is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONTRACTOR or hidher employees or subcontractors. The CITY shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the CONTRACTOR or hidher employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, retirement contribution, social security, 8 Rev. 08-08-97 overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of I986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and CONTRACTORS that are included in this agreement. 13. OWNERSHIP OF DOCUMENTS All documents and materials prepared pursuant to this agreement are the The CITY shall have the unrestricted authority to publish, property of the CITY. disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. 14. REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 15. RELEASE OF INFORMATION BY CONTRACTOR Any reports, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organization by the CONTRACTOR without prior written approval of the CITY. 16. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, 9 Rev. 08-08-97 losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CONTRACTOR’S indemnification of City shall not be limited by any prior or subsequent declaration by the CONTRACTOR. 17. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 18. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any employee or contractual relationship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor of the subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 10 Rev. 08-08-97 19. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part he reof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 21. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph IO, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. Ill 11 Rev. 08-08-97 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. INSURANCE The CONTRACTOR shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best‘s Key Rating of not less than “A-:VI and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. CONTRACTOR shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: I. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the 12 Rev. 08-08-97 required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CONTRACTOR'S work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. CONTRACTOR shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation. 2. The CONTRACTOR shall furnish certificates of insurance to the City before commencement of work. 3. 4. The CONTRACTOR shall obtain occurrence coverage. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the CONTRACTOR fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the CONTRACTOR in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The CONTRACTOR is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the 13 Rev. 08-08-97 CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR under this agreement. 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the CONTRACTOR in connection with the foregoing are as follows: For City: Title: Name: Address: For Contractor: Title: Name: Address: ArchitecVLicense Number: Architect/License Number: 26. BUSINESS LICENSE Senior Planner Christer Westman 1635 Faradav Avenue Carlsbad CA 92008 Senior Project Manaqer Tim Gnibus 304 Ivy Street San Dieao CA 92101-2030 CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharges except by an instrument in 14 Rev. 08-08-97 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by CONTRACTOR this 3rd day of November , 200l. CONTRACTOR: BRG CONSULTING INC (BRG Consulting, IncJ BY (sign here) . (print name/title) Bv: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: *- Citymanager ATTEST: A (Proper notarial acknowledgment of execution by CONTRACTOR must be attached). (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney 15 Rev. 08-08-97 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ww 5 Loor before me, w c /‘C ycpt. Notary Public, personally appeared E R 1 c H 9 [ \A1 personally known to me - or [a govedto me on the basis of satisfactory evidence to be the psson(s) whose -nacne(s)iS/are subscribed to the within instrument and acknowledged to me that k/she/they executed the same in his/her/their authorized c_apacity(ies), and that by his/her/their sgnaUs(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. F?Z i A r r-, elr s WITNESS my hand and official seal. (Signature of NotaryY