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Home My WebLink AboutLSA Associates Inc; 2015-03-19; UTIL1194UTIL1194 AGREEMENT FOR PRE-CONSTRUCTION NESTING BIRD SURVEY SERVICES PRIOR TO BATIQUITOS SEWER LIFT STATION WATER LINE REPLACEMENT LSA ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the day of yfy/ti^r-]^ , 2015, by and between the CITY OF CARtSBAD, a municipal corporation, ("City"), and LSA ASSOCIATES, INC., a California corporation, ("Contractor"). RECITALS City requires the professional sen/ices of an environmental consultant that is experienced in pre-construction nesting bird surveys. Contractor has the necessary experience in providing these professional sen/ices, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Sen/ices") 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 seven (7) days from the date first above written. 3. COMPENSATION The total fee payable for the Sen/ices to be performed will be five thousand three hundred ten dollars ($5,310). No other compensation for the Sen/ices will be allowed except for items covered by subsequent amendments to this Agreement. City resen/es the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Sen/ices 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 City. Contractor will be under the control of City 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. City Attorney Approved Version 1/30/13 UTIL1194 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 Risk Manager or the City 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 City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements ofthe City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 Carisbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for sen/ices delivered up to the time of termination, ifthe sen/ices 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 Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad 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 City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version 1/30/13 UTIL1194 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: Les Card / Chairman CITY OF CARLSBAD, a municipal corporation of the State of California /-\(sign here) ( ^ J (print name/title) By: (sign1^er#)i. ^ Firoz Jamal / OV^T (print name/title) If required by City, 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: CELIA A. BREWER, City Attorney By:_ Assistant City Attorney City Attorney Approved Version 1/30/13 LSA LSA ASSOCIATES, INC. 703 PALOMAR AIRPORT ROAD IRVINE RIVERSIDE SUITE 260 760.931.5471 TEL BERKELEY PALM SPRINGS ROCKLIN CARLSBAD, CALIFORNIA 9201 1 760.918.2458 FAX FRESNO PT. RICHMOND SAN L UIS OB ISPO Exhibit "A." March 6,2015 Mr. Don Wasko, Utilities Superintendent City of Carlsbad Utilities Department 5950 El Camino Real Carlsbad, Califomia 92008 Subject: Proposal to Conduct a Nesting Bird Survey for the Batiquitos Lagoon Sewer Lift Station Project (LSA Proposal No. ZZZ476J1) Dear Mr. Wasko: LSA Associates, Inc. (LSA) is pleased to provide this proposal to the City of Carlsbad (City) for environmental consulting services for the above-referenced project. Specifically, LSA proposes to conduct a pre-construction nesting bird survey prior to the commencement of construction activities scheduled to occur during the bird breeding season. The project site is located near the southern terminus of Gabbiano Lane in Carlsbad, Califomia. SCOPE OF SERVICES Task 1: Nesting Bird Surveys An LSA biologist will survey the entire constmction area footprint and adjacent areas for the presence of nesting birds. If any active nests are identified on the property, they will be mapped using an aerial photograph and LSA will contact you to discuss the implementation of protective measures as needed. All wildlife present during the survey will be recorded. Task 2: Technical Memorandum Following the nesting bird survey, LSA will prepare a technical memorandum describing the results. If active nests are identified during the survey, the location of these nests will be displayed on an aerial image, which will be attached to the technical memorandum. The technical memorandum will be provided in draft form for client review. LSA anticipates only one round of review, after which the memorandum will be finalized based on any comments or suggested revisions. Task 3 (Optional): Nest Monitoring LSA recommends nest monitoring by a biologist during construction activities if any active nests are identified during the nesting bird survey. The biologist will determine if constmction activities have an effect on nesting behavior. The biologist will communicate the monitoring observations to the contractor and City. LSA has budgeted for 40 hours of potential nest monitoring. (3/6/2015) L:\PROPOS/\L\ZZZ476Jl - Batiquitos Lagoon Sewer Lift Station Nest Survey\ZZZ476Jl-Proposal Batiquitos Lagoon Sewer Lift Station Nesting Bird Survey added Monitoring.docx PLANNING I ENVIRONMENTAL SCIENCES | DESIGN LSA ASSOCIATES INC Exhibit "A." ESTIMATED BUDGET Task Personnel Hours Rate Estimated Cost , Task 1: Nesting Bird Survey Morales 4 $100.00 $400.00 , Task 1: Nesting Bird Survey Task 1 Subtotal $400.00 • Task 2: Technical , Memorandum Trotta 1 $210.00 $210.00 • Task 2: Technical , Memorandum Morales 4 $100.00 $400.00 • Task 2: Technical , Memorandum GIS 2 $100.00 $200.00 • Task 2: Technical , Memorandum Word Processing 1 $100.00 $100.00 • Task 2: Technical , Memorandum Task 2 Subtotal $910.00 Total $1,310.00 , Task 3 (Optional): Nest Monitoring Morales 40 $100.00 $4,000.00 , Task 3 (Optional): Nest Monitoring Task 3 Subtotal $4,000.00 Grand Total $ 5,310.00 LSA estimates that a maximum not-to-exceed budget of $1,310 (or $5,310 with the optional task) will be necessary to complete the tasks in this proposal. If you are in agreement with the terms and conditions of this proposal, please provide written notification to proceed, either by signing below and returning one copy of this proposal or by providing some other form of written authorization. Upon receipt of an executed notice to proceed, LSA will commence with the work described above on a time-and-materials basis. If additional tasks not specified in this proposal should be required (e.g., noise analysis during construction), LSA will provide the City of Carlsbad with an applicable proposal or change order request. LSA appreciates the opportunity to provide you with this proposal and hopes that this scope of work and budget estimate will satisfy your needs and expectations. If you have any questions concerning the contents of this proposal, please do not hesitate to contact me at.) ai me. M o rai es@ I s a-assoc .com or (760)931-5471. Sincerely, LSA ASSOCIATES, INC. Jaime Morales Biologist (3/6/15) L:\PROPOSAL\ZZZ476Jl - Batiquitos Lagoon Sewer Lift Station Nest Survey\ZZZ476Jl-Proposal Batiquitos Lagoon Sewer Lift Station Nesting Bird Survey added Monitoring.docx 2 SA ASSOCIATES, INC Exhibit "A." The above-stated terms re: Nesting Bird Survey for the Batiquitos Lagoon Sewer Lift Station Project ($1,310, or $5,310 with the optional task) are hereby accepted and authorized. CONSULTANT;, LSA AssociaKs, CLIENT: Aijjiroriyed Signafnrc Mike Trotta Authorized Signature Print Name Principal Print Name Title March 6,2015 Title Date Date (3/6/15) L:\PROPOSAL\ZZZ476Jl - Batiquitos Lagoon Sewer Lift Station Nest Survey\ZZZ476Jl-Proposal Batiquitos Lagoon Sewer Lift Station Nesting Bird Survey added Monitoring.docx 3