Loading...
HomeMy WebLinkAboutLSA Assocaites Inc; 2011-10-27; UTIL844UTIL844 AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL PERMITTING AND SURVEY SERVICES (LSA ASSOCIATES, INC.) //THIS AGREEMENT is made and entered into as of the jL 7 day of , 2011, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1 91 1 , and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and LSA ASSOCIATES, INC., a California corporation, ("Contractor"). RECITALS CMWD requires the professional services of a consultant that is experienced in environmental permitting. Contractor has the necessary experience in providing these professional services, has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of four (4) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be four thousand four hundred sixty four dollars and three cents ($4,464.03). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under the control of CMWD only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. General Counsel Approved Version #05.06.08 6. INSURANCE Contractor will obtain and maintain policies of commercial 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- VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the General Counsel or the Executive Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the CMWD by certified mail. CMWD and the City of Carlsbad will be named as additional insureds on General and Automobile liability. Contractor will furnish certificates of insurance to CMWD, with endorsements to CMWD prior to CMWD's execution of this Agreement. 7. CONFLICT OF INTEREST CMWD will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and CMWD's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the Secretary of the Board those schedules specified by CMWD and contained in the Statement of Economic Interests Form 700. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION CMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the Carlsbad Municipal Water District to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of CMWD. 13. AMENDMENTS This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. General Counsel Approved Version #05.06.08 2 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR LSA ASSOCIATES, INC., a California corporation *By: CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad £/(sign here)President, Executive Manager, or designee (print name/title) (e-mail address) "By: (L //(sisign here) (print name/title) Ji (e-mail address) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A: Chairman, President, or Vice-President "Group B: Secretary, Assistant Secretary, CFO or Assistant Treasurer 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, General Counsel General Counsel Approved Version #05.06.08 Exhibit "A" 1976 LSA";2011 LSA ASSOCIATES, INC. 703 PALOMAR AIRPORT ROAD, SUITE 260CARLSBAD, CALIFORNIA 92011 760.931.5471 TEL 760.918.2458 RAX BERKELEY FORT COLLINS FRESNO IRVINE PALM SPRINGS POINT RICHMOND RIVERSIDE ROCKLIN SAN LUIS OBISPO SOUTH SAN FRANCISCO September 14, 2011 Sherri Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Bristol Cove Sediment Removal Environmental Consulting Services Dear Sherri: LSA Associates, Inc., (LSA) hereby submits this cost estimate at your request. LSA is currently under contract to provide environmental consulting services in support of the subject project. LSA's existing Purchase Order (PO) 123648 for $16,525.00 has expired and remaining project tasks have not yet been completed. A final invoice for costs through July 31,2011, in the amount of $1,072.20 (PO12348) was sent to the City of Carlsbad (City). LSA has prepared this letter to clarify the remaining uncompleted tasks (as of August 1, 2011) and to obtain a new PO number to complete these tasks. This cost estimate does not include any additional services. LSA will provide these services pursuant to the firm's existing on-call contract with the City. All services approved pursuant to this proposal will be conducted on a time-and-materials basis. PREVIOUSLY APPROVED ONGOING AND COMPLETED WORK PERFORMED MAY 2011 TO JULY 31, 2011 Task 1 - Regulatory Permitting Assistance Task la: U.S. Army Corps of Engineers Permit Application. An LSA permitting specialist will revise a Pre-Construction Notification (PCN) and prepare a Preliminary Jurisdictional Delineation Form for submittal to the Corps, requesting a permit pursuant to Section 404 of the Clean Water Act. Based on correspondence with ACOE staff at the pre-application meeting on October 12, 2010, at the project site, a Nationwide Permit will be sufficient for the project and a PCN will be required. In the unlikely event that the project requires an Individual Permit, additional budget will be required. LSA will provide the City with a draft version of the PCN prior to agency submittal. LSA has budgeted for one round of revisions. Budget for this task is based on the assumption that the project will not result in impacts to cultural resources, so it will not be subject to analysis pursuant to Section 106 of the National Historic Preservation Act. Authorization likely will require submittal of as-built engineering plans for the existing channel. Budget for this task assumes coordination with design engineers, data procurement, and transfer. Task Ib: California Department of Fish and Game Permit Application. An LSA permitting specialist will revise a Section 1602 Notification of Lake or Strearnbed Alteration (CDFG Form 2023 including Attachment C [Water Diversion]). LSA will provide the City with a draft version of the application prior to agency submittal. LSA has budgeted for one round of revisions to this application. PLANNING ENVIRONMENTAL SCIENCES DESIGN LSA ASSOCIATES, INC. Task Ic: Regional Water Quality Control Board Application. An LSA permitting specialist will revise an application for water quality certification to be submitted to the San Diego RWQCB pursuant to Section 401 of the Clean Water Act. LSA will provide the City with a draft version of the certification application package for review prior to agency submittal. LSA has budgeted for one round of revisions to this application. Task Id: California Coastal Commission Permit Application. An LSA permitting specialist will revise a Coastal Development Permit to be submitted to the California Coastal Commission (CCC). Because the project site may be considered an Environmentally Sensitive Habitat Area (ESHA), there will be additional considerations and potential hurdles to overcome with regard to the California Coastal Act, so LSA has budgeted for additional work to prepare this application. LSA will provide the City with a draft version of the application prior to agency submittal. LSA has budgeted for one round of revisions to this application. Task 2 - Surveys Task 2a: Eelgrass and Caulerpa Survey. With oversight from LSA, Merkel & Associates, Inc. (Merkel) will survey the project area for the presence of Caulerpa taxifolia and eelgrass (Zostera marina). The survey will be conducted visually by a marine biologist and certified Caulerpa surveyor by SCUBA diving, in accordance with the Caulerpa Control Protocol (Version 4.0) and the Southern California Eelgrass Mitigation Policy (SCEMP) (Revision 12), respectively. Task 2b: Prepare Eelgrass and Caulerpa Report. Upon completion of the survey, Merkel will prepare a brief report of their findings and submit to LSA for review. Following the format required by the Protocol, the report will describe survey methods and presence or absence of Caulerpa . If eelgrass is detected, a map of its distribution will be prepared and digitized using GIS and depicted on an aerial base map. The report will identify any potential impacts to eelgrass posed by the proposed project, and it will recommend an approach to avoid or mitigate such potential impacts. If eelgrass is not found at the site, the report will reflect this and will be submitted in support of the project permitting process. Task 3 - Project Management and Meetings Task 3a: Meetings and Coordination with City and Resource Agencies. Budget for this task allows for coordination with City staff and with resource agency personnel during the permitting process. One site visit with resource agency representatives during permit planning is included in the budget. Any additional site visits can be budgeted separately. ESTIMATED BUDGET The remaining balance (as of July 31, 2011) to complete authorized tasks is $3,964.03. The original budget did not include reimbursable expenses. However, in order to ensure that budgets are adequate, 09/14/11 (P:\HCR1007 - Bristol Cove Sediment Removal\Projcct Managcment\Remaining Scope and Cost_rcimb.doc) LSA ASSOCIATES, IINC. LSA anticipates that reimbursable expenses will not exceed $500.00. The total budget to be authorized by a new PO (including reimbursable expenses) is $4,464.03. LSA will not exceed this amount without your prior authorization. Sincerely, LSA ASSOCIATES, INC. Mike Trotta Principal 09/14/11 (P:\HCRI007 - Bristol Cove Sediment Rcmoval\Projcct Managcment\Rcmaining Scope and Cost rcimb.doc)