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HomeMy WebLinkAboutGlen Lukos Associates; 1999-11-01;/- 1 I Agreement Cover Sheet Please fill out section A and send this form with documents attached to the City Clerk for routing. Once the documents are fully executed, they will be returned with this form. When a purchase request is submitted, section B of this form should be completed and this form should be sent to Purchasing along with a copy of the fully executed document. SECTION A Aqreement Tvoe (check one) let9 LUILOS lk2c&s~, name of contractor x Original Agreement Amendment and Extension - Master Agreement Extension __ Amendment Ratification Aareement Requirements (initial all items received) - Proposals Received -c Notarization - Sole Source - Business License - Insurance - Conflict of Interest - Corporate Resolution Oriainal Asreement Data Amendments Date of original agreement I1,L,qq No.-- Amount Term of original agreement No.- Amount Dollar amount of original agreement 4 3 355 No. Amount ___ Extensions Person with authority to renew No.- Length Number of allowable extensions No.- Length Length of allowable extensions No.- Length Aareement Processed Bv Name: hn c&ill Ext: ‘6% SECTION B Purchase Requisition number: Purchase Order number associated with original agreement, extensions and/or amendments: Rev. 09/02/99 1c p-h _ ) &$ +cJ J. (&ii “1$$ - CITY OF CARLSBAD PROFESSIONAL SERVICES AGREEMENT UNDER $10,000 BIOLOGICAL CONSULTING SERVICES FOR THE CARLSBAD CITY GOLF COURSE PROJECT This letter will serve as an agreement between Glenn Lukos Associates, and the City of Carlsbad for professional services pursuant to Carlsbad Municipal Code Section 3.28.140 or 150. Your letter, dated July 26, 1999, (attached as Exhibit “A”), outlines the scope of work to be completed within 4 weeks at a cost not to exceed $ 3,355, consisting of $2,855 for the study and $500 as an estimate of direct and meeting costs; payment to be upon submission of an invoice to the City, billed monthly. The Contractor shall perform the services provided for herein as an independent contractor and in pursuit of his/hers independent calling, and not as an employee of the City. Contractor shall be under the control of the City only as to the results to be accomplished. The Contractor shall obtain and maintain policies of comprehensive general liability insurance, automobile liability insurance, a combined policy of workers’ compensation, employers liability insurance and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best’s Key Rating guide of at least A-:V in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the City by certified mail. The City shall be named as an additional insured on all these policies, except workers’ compensation and professional liability. The Contractor shall furnish certificates of insurance, with endorsements to the City before commencement of work. The City has determined using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. This agreement may be modified by mutual consent of the City and the Contractor. Any change shall be in writing with a statement of estimated changes in charges or time schedule. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Govern r t Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32, 025, et seq. (Initial) The Contractor acknowledges that debarment by another jurisdiction is grounds for t e City of Carlsbad to disqualify the Contractor from participating in the selection process. ,yP (Initial) The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 2126199 f-- h A City of Carlsbad business license shall be obtained and maintained for the duration of the contract. The City Manager or the Contractor may terminate the agreement at any time after a discussion, and written notice to the other party. The City will pay Contractor’s costs for service delivered up to the time of termination, if the services have been delivered in accordance with the agreement. Acknowledged and Accepted: CONTRACTOR: GLENN LUKOS ASSOCIATES Name of Contractor s; j%Gl(e;t‘ ByI &lt-lyAT 7 (print name and title) Date (Proper notarial acknowledgment of execution by must be attached.) CITY OF CARLSBAD, a municipal corporation o-State of California i/i B&v’ rfr L ccl- cs *’ ity”MaXger (0 k/ If- f-44 Date KET#A L. RAUTENKWNZ City Clerk Lorraine M. Wood Deputy City Clerk (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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY As 2/26/99 - CALlFORNlA ALL-PURPOSE AvKNOWLEDGMENT No. 5907 Stateof G~IP~RA/~A County of O&W Cd,’ On a~.# BaR. 1 d, /%?‘before me, n’-S.. /Q;4x tne, /tit W-Y k72c1~ , .DATE NAME. TITLE OF OFFICER - E.G.. ‘JANE DOE. NOTA.?Y PUBLIC personally appeared &I+ k L KQ5 fw’b Tu3 t-4 A?2 I NAME(S) OF SIGNER(S) 0 personally known to me - OR - .&t proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ‘Ware subscribed to the within instrument and ac- knowledged to me that h&he/they executed the same in W/their authorized capacity(ies), and that by M/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. x5&c WTARY ‘. - OPTIONAL Though the data tje!ow is not required by law, it may prove vaiu able to persons re!ying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT El’ INDIVIDUAL m CORPORATE OFFICER P ,&~gss/Od-AL JsRJ=m pt-&-kbu’-hQPrr ic&* J,c. 003 TITLE OR TYPE OF DOCUMiNT 0 PARTNER(S) LIMITED GENERAL [7 ATTORNEY-IN-FACT 0 TRUSTEE(S) g ;$;!AN/CONSERVATOR -72 0 NUMGER OF PAGES GfLd 177 DATE & DOCUMENT SiGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT!l-f(IESl SIGNER(S) OTHER THAN NAMED ABOVE 0993 NATIONAL NOTXiY ASSCCIATICN * 813 i;ammrt Ave.. P.O. BOX ;lSs. &Jnoga park. CA gl:og.;t8.I JUL 27 ‘99 02:0lPM P&D CONSULTANTS 228 P02 J-UL 2’P.2/5 09:08 JUL 27 '99 Bs:BsFm GLENN LUKOS ASSOCIATES Regulatory Services July 26, 1997 Betty Dehoney P & D Consultants Inc 40 1 West “A” Street Suite 2500 San Diego, California 92101 Subject: Proposal to Provide Biological Consulting Services Pertaining to Carlsbad Golf Project, San Diego County, California Dear Ms. Dchoney Glenn Lukos Associates, Inc. (GLA) is pleased to submit this proposal for provision of biological consulting services. Proposed herein is a program designed to conduct the second season, of the required two seasons of fairy shrimp surveys, pursuant to the most recent U.S. Fish and Wildlife Service Guidelines (USFWS), published April 19,1996-l The current guidehes require that a “complete survey” be completed, with negative results, in order to make the determination that none of the listed species of fairy shrimp are present on a project site containing suitable habitat. A complete iurvey consists of sampling for either: 1. two full wet season surveys done within a 5=year Period; or 2. two consecutive seasons of one 111 wet season and one dry season survey (or one dry seaSOn survey and one full wet season survey), Wet season surveys have been completed during the 1999 wet season. In order to complete second component of the required two seasons of surveys GLA is proposing to conduct dry season sampling during summer of I999 in accordance with USFWS protocols. ‘United States Department of the Interior. 1996. Interim Survey Guidelines IO Permittees under Section 1 O(a){ l)(A) of the Endangered Species Act for the listed Vernal Pool Branchiopods. U.S. Fish and Wildlife Service. Ecological Services Sacramento Field Office, April 19.1996. 23441 South Pointe Dr&e m Suitelso m Laguna Hills, California 92&M Telephone: (949) 837-0404 Facsimile: (949) 837-5834 JUL 27 '99 @?j 81PMM P&D CONSULTFlNTS 228 Pm JuL *$U&.pP gJ-!5&g: 08 Betty Dehoney P % D Consultants July 26. 1999 Page 2 PERSONNEL Mr. Tony Bomkamp will perform the dry season sampling. Mr. Bomkamp is permitted to conduct boLh wet season sampling and dry season sampling. for lisled species of i&-y shrimp under USFWS Section iO(a)( l)(A) Permit No. PRT-825679. COSTS The proposed fee for performance of Tasks I through III, as presented in the attached scope of work, is $2,855 plus direct costs and meetings not specifically addressed in the scope of work. SCHEDULE Work will begin on or about August I, 1999 and results will be provided witin two weeks of co1Iectionof soil samples. Should you have any questions regarding this proposal please call me at (949) 837-0404. Sincerely. GLENN LUKOS ASSOCIATE&It%. oaIawAc WomD Tony Bomkamp Senior Biologist s:oo19-7a.pro JUL 27 '99 @j~pm_P&D&~S&L_T_qtq~ 228 PEW JUL 2:P.4/5 OS:09 Ju, 27 ‘99 09:05QM SCOPE OF WORK DRY SEASON SAMPLXNG FOR LISTED SPECIES OF FAIRY SHRIMP FOR CARLSBAD GOLF PROJECT SAN DIEGO COUNTY, CALIFORNIA TASK I. COLLECT SOIL SAMPLES Dry soil samples will be collected along IWO transects within the basin according to the April 19, 1996 survey guidelines for dry season sampling. The soil samples will be placed in separate bags, labeled; and stored in a dry environment until the samples are evaluated for fairy shrimp cysts. TASK II, SOIL SIEVING The dry soil samples will be sieved by wasing with water, though a graded series of U.S. ataadard eight inch soil sieves ending in mesh sizes of 300 and 150 microns. Washed and sieved soil fractions, from the 300 and 150 micron sieves will be examined under a dissecting microscope for fairy shrimp cysts. If fairy shrimp cysts are observed the cysts wili be identified to genus (USFWS may require an independant review by a crusraceanbiologist). TASK III. PREPARE REPORT A letter-report, outlining the findings of the dry season survey wfll be provided for the client. In addirion, a go-day report, as required under Section IO(a)(l)(A) will be prepared and submitted to the USFWS. JUL 27 '99 @?~_O_Z@?T$D @_P_NSUL_TQMS . * . ? . RATESCHEDULE Principal in Charge Senior Biologist Biologist 228 PBS JUL ZP.S/S 09:m JUL 27 '99 ~~:BSITI $175 %100 %60 GLA’s direct expenses shall be those costs incurred directly for the CLIENTS project, including, but not limited to, necessary tmnsportationcoms including mileage by automobile at 50.35 per tile, meals and lodging, laboratory tests and analyses, retention and management of t&nicaI consultants, printing, and binding charges. Reknbursemcntfor these expenses shall be on the basis of actual charges when furnished by GLA. An administrativecharge of 15% shall be applied to all direct expense charges.