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HomeMy WebLinkAboutLSA Associates Inc; 2015-03-27; TRAN1185TRAN 1185 AGREEMENT FOR ENVIRONMENTAL SERVICES FOR BAT MONITORING SURVEYING OVER AGUA HEDIONDA CREEK ON EL CAMINO REAL LSA ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the day of f( A/ 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and LSA ASSOCIATES, INC., a California corporation, ("Contractor"). 4l RECITALS City requires the professional sen/ices of an environmental consulting specialist that is experienced in monitoring and surveying of bats. Contractor has the necessary experience in providing these professional services, 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 sen/ices (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 eight (8) months from the date first above written. 3. COMPENSATION The total fee payable for the Sen/ices to be performed will be three thousand five hundred sixty five dollars ($3,565). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves 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 TRAN 1185 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 othenwise 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 Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad 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 TRAN 1185 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: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) Les Card / Chairman (print name/title) (sigr Firoz Jamal / CFO (print name/title) Gity Monag Patrick Thomas oyer or Director 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 Assistant City Attorney City Attorney Approved Version 1/30/13 LSAli EXHIBITA .IA ASSOCIATtS. INC. miSNO RlVtRSlDt 211 I XICU I IVI l-AKK. sum 2011 M1.'.r.L llCCf. Tl I. IIIKkriHf I'Al M SI-KINGS ROCKLIN XVINF. CAIII'OKNIA 921.14 S '.r.L 107 li 1 AX CAKI.&IIAD l-l RICHMOND SAN Lt! IS OIIISI-O February 4,2015 Mr. Brandon Miles, A.ssociate Engineer Public Works Cityof Carlsbad 1635 Faraday Avenue Carisbad, California 92008 Subject: Proposal to Conduct Two Nighttime Bat Survey.s for the El Camino Real at Cannon Road Intersection Project in the City of Carl.sbad Dear Mr. Mile.s: LSA As.sociate.s, Inc. (LSA) is pleased to provide this proposal for Califomia Environmental Quality Act (CEQA) environmental consulting .services. Specifically, LSA proposes to conduct two nighttime bat surveys for the El Camino Real at Cannon Road Intersection Project. PROJECT UNDERSTANDING Bat habitat is known to be present at the El Camino Real Bridge over Agua Hedionda Creek, and large numbers of bats have already been observed roosting within that structure. Therefore, a preliminary daytime bat habitat .suitability assessment for the El Camino Real at Cannon Road Intersection project would not be necessary. Instead, LSA recommends perfonning two nighttime bat surveys as soon as possible in advance of project construction. These surveys would serve as preconstruction surveys for the El Camino Real at Cannon Road Intersection project. SCOPE OF WORK Task 1: Focused Survey for Bats. The potential impacts to bats firom construction activities pertaining to the El Camino Real at Cannon Road Intersection Project cannot be adequately asses.sed, nor can appropriate species-specific minimization measures be detennined, without adequate knowledge of the size(s) and species composition, including any seasonal variation if pre.sent, of any bat colonies roosting within the bridge. The two nighttime bat surveys should begin no later than one-half hour before sunset, and should continue until at least 2 to 3 hours after sunset to permit detection of both day- and night-roosting bats within the structure. Acoustic and visual techniques will be used during nighttime surveys and vocalizations of bats present will be recorded. Numbers of any emerging bats will be determined visually at dusk. The acoustic monitoring will be done witii full-spectioim Pettersson D-240X and Wildlife Acoustics EM3+ ultrasound detectors, with calls recorded on digital media recorders for later analysis. Any acoastic records will be used to verify bat presence and, when possible, to identify species. However, it should be noted that it is not possible to identify every call to species using this system. Some calls are fragmentary and inappropriate for analysis, while otiiers overiap two or more 2/4/15 «P:VHCR1402 • Bl Camino Real and Cannon Road Bridge WideningXProjecl ManagenienlNBal Survey Proposal Letlcr_02041S.docx» PLANNING I f NVIRONMENTAL SCIFNCES | ntSICN LSA ASSOCIATES. INC. potential species. In addition, not all bats recorded will be those exiting or entering the tnidge in que.stion. Some are foraging bats en route to or from otiier stiuctures. It is important, tiierefore, to have observers on site in order to correlate calls with visual observations. Separate .seasonal surveys are needed because species composition and the number of bats often change seasonally at a given roost site. Therefore, one nighttime bat survey should be performed as soon as passible during the fall/winter season (September-February) to determine tiie species composition and number of bats utilizing the bridge as a roost, as well as to assess the potential for tiie .stiucture to be u.sed as hibemacula.' The second nighttime bat survey should be performed during tiie maternity season (April 1-August 31), but preferably during the period between June 1 and August IS in order to determine the species composition and number of bats utilizing the bridge as a maternity roost. It is important to conduct both surveys a few months before preparation of the Initial Study/Mitigated Negative Declaration (IS/MND) in order to incorporate appropriate controls or mitigation measures into the environmental documentation for the proposed projecL The results of the two nighttime bat surveys will be documented in a letter report that will include a species list and graphics (if applicable), and this letter report will be incorporated as an appendix into the IS/MND. The letter report will also include recommended measures to minimize direct impacts to roosting bats; these measures will be consistent with typical bat-related Califomia Department of Fish and Wildlife (CDFW) measures for wildlife protection included in Streambed Alteration Agreements when applicable. BUDGET ESTIMATE LSA estimates that a budget of $3,S6S will be required to complete the work effort associated with the two nighttime bat .surveys described above. This estimate will not be exceeded without prior autiiorization. This proposal does not include tiw preparation of additional supporting technical studies. In the event that additional supporting technical studies are needed, LSA would be pleased to provide you with a separate proposal for that work. Thank you for allowing LSA the opportunity to submit this proposal. If you require additional information, you may contact me at (760) 931-5471. Sincerely, LSAASSOi Principal A place of abode in which a creature seeks refuge. 2/4/IS «P:\IICR(402 - El Cannno Real and Ctmaon Koad Bridge WideningVPrqject ManagementVBat Smey Proposal Lei(er_02O4IS.docx»