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HomeMy WebLinkAboutLSA Associates; 2014-01-14;AGREEMENT FOR EMERGENCY RESPONSE AND RESOURCE AGENCY NOTIFICATION FOR THE EL CAMINO REAL AND KELLY DR. WATER MAIN BREAK LSA ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the ^-?"^ day of JJanUCiiA^ , 20 . by and between the CARLSBAD MUNICIPAL WATER 151STRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carisbad, ("CMWD"), and LSA Associates, Inc. , a Corporation, ("Contractor"). RECITALS CMWD requires the professional services of a Environmental Consultant that Is experienced in emergency response and resource agency notification. 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 thirty days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be Nine Thousand Three Hundred Eighty Two and nine cents dollars ($9,382.09). 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 CMWD 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 CMWD incurs or makes to or on behalf of an injured employee under the CMWD's self-administered workers' General Counsel Approved Version 1/30/13 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. 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-:Vll 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 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 CMWD by certified mail. CMWD will be named as additional insured on General Liability which shall provide primary coverage to CMWD. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD'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 of the 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 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 Carisbad Municipal Code Sections 3.32.025, et seg. Contractor further acknowledges that debarment by another jurisdiction is grounds for CMWD 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. General Counsel Approved Version 1/30/13 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. 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 By: (sign here) Les Ca>d, Chairman (print name/title) By: (sign here) Robert H. McCann, CFO (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carisbad By: rocidontKExocutivo Managor or- Director;, ATTEST: BARBARA ENGLESON Secretary 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: CELIA A. BREWER, General Counsel General Counsel Approved Version 1/30/13 LSA LSA ASSOCIATES, INC. 703 PALOMAk AtUrORT ROAD ilERKELEY IRVINE HIVEKSIDE SUITE 260 7(in.yil.547 L TEL KOkT COLLINS PALM SPKINGS ROCKLIN OARLSBAIl CAIIEORNIA 'JSOIl 7 C 0, !l 1 M, 2 4 G It FAX FRESNO PT, RICHMOND SAN LUIS OBISPO September 12, 2013 Mr. Don Wasko, Utilities Superintendent Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Subject: Water Main Break at Kelly Drive and El Camino Real - Emergency Response and Resource Agency Notification (LSA Project No. HCR1301) Dear Mr. Wasko: This letter describes the scope of services LSA Associates, Inc. (LSA) has provided to date and anticipates providing in response to the failed 14-inch diameter water main pipeline near the intersection of Kelly Drive and El Camino Real. SCOPE OF SERVICES Initial Response On August 15, 2013, LSA received a call from Carlsbad Municipal Water District (CMWD) staff indicating that it had discovered a leaking water pipeline that appeared to be within protected native habitat. LSA met CMWD staff at the location of the failed line and confirmed that the location was within wetlands that are regulated by the State and Federal governments. CMWD staff determined that some vegetation clearing and excavation would be necessary to repair the leak. On August 22, LSA provided a biologist to document the extent of vegetation clearing and to provide guidance to CMWD crews to avoid and minimize impacts to the wetlands as much as feasible in consideration of the need to provide a safe and adequate workspace to conduct the necessary repairs. Additionally, LSA made recommendations in regard to removal of nonnative invasive plant species, chipping of cleared native vegetation for later use as mulch for erosion and weed control, stump cutting of native trees to allow for reestablishment, and stockpiling excavated spoils in uplands to be used for backfill after repairs. Documentation and Monitoring On August 22, 2013, LSA provided biological monitoring during vegetation clearing and mapped and documented the necessary impacts for subsequent mandatory resource agency notifications. The limits of work were established and delineated with orange construction safety fencing to prevent additionai impacts to surrounding habitat. 10/23/13 (R;\HCR]301\ScopeorServices.docx) PLANNING 1 ENVIRONMENTAL SCIENCE!) LSA ASSOCIATES, ING, Between August 23 and August 28, LSA conducted spot monitoring as well as a visit to monitor and document additional vegetation clearing necessary to accommodate the positioning ofthe excavator used to uncover the failed section of the pipeline. Infiltration of groundwater into the excavated area, in addition to potable water from the leak in the pipeline, required dewatering of the excavated pit. Initially, the water was discharged into uplands, However, the volume of water required that it be discharged into the Kelly Creek channel. CMWD staffer Clement Harris proposed a strategy to clarify the water before discharge. LSA contacted the Regional Water Quality Control Board (RWQCB) and received verbal approval by telephone to implement the water clarification procedure. Resource Agency Notifications In accordance with United States Army Corps of Engineers (Corps), RWQCB, and Califomia Department of Fish and Wildlife (CDFW) requirements, LSA notified the agencies via email and telephone calls about the leaking pipeline and CMWD's proposed response. Additional reporting and submittal of fees to the RWQCB are required. LSA proposes to complete the notification and reporting process on behalf of CMWD. ESTIMATED BUDGET LSA proposes that the services to date and future services be conducted on a time and materials basis. Through September 1, 2013, LSA charges total $5,963.34. It is anticipated that total fees will be approximately $10,000. LSA will contact you if fees exceed $8,500 and will provide a more refined estimate at that time. Please provide written authorization to continue. Sincerely, LSA ASSOCIATES, INC. Mike Trotta Principal 10/23/13 {R:\HCRI301\Scope of Services.docx)