HomeMy WebLinkAboutPlanning Systems Inc; 2012-04-05; UTIL860UTIL860
AGREEMENT FOR BIOLOGICAL MONITORING SERVICES
(PLANNING SYSTEMS INC.)
iREEMENT is made and entered into as of the day of
2012, by and between the CITY OF CARLSBAD, a municipal
iration, ("City"), and PLANNING SYSTEMS, INC., a California corporation, ("Contractor").
RECITALS
City requires the professional services of a Environmental Consultant that is experienced
in biological monitoring. 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 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 one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be six thousand seven hundred fifty
dollars ($6,750). 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 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 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 2/17/12
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 of the City of Cartsbad 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 Carlsbad 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 services delivered up to the time of
termination, ifthe 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 seg.. and Cartsbad Municipal Code Sections 3.32.025, et seg. 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 2/17/12
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
PLANNING SYSTEMS, INC., a California
corporation
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager or Mayor or Director
(sign here)
(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:
RONALD R. BALL, City Attorney
BV: X)9.A
Assistant City Attorney
City Attorney Approved Version 2/17/12
EXHIBIT "A'
PLANNING
SYSTEMS •
LAND USE/COASTAL PLANNING
LANDSCAPE ARCHITECTURE • LA3900
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
March 21, 2012
Mr. Mark Biskup
CITY OF CARLSBAD
Engineering/Public Works Department
1635 Faraday Ave.
Carlsbad, CA 92008
RE: PROPOSAL-BIOLOGICAL MONITORING
OCCIDENTAL INTERCEPTOR SEWER REHABILITATION
Dear Mark:
Per your request, PLANNING SYSTEMS hereby submits a proposal to provide
biological/environmental monitoring services to the CITY OF CARLSBAD Engmeeriiig/Publio
Works Department for their work on the Occidental Interceptor Sewer Rehabilitation project.
The subject project is situated adjacent to habitat that may be used by the Califomia gnatcatcher
and/or migratoty nesting buds that are protected under state and federal statute. PLANNING
SYSTEMS' biologists are qualified and experienced in construction monitoring and reporting.
This biological monitoring effort is intended to ensure that construction of the project is in
compliance with the Endangered Species and Migratoty Bird Treaty Act; which specifically with
requires implementation of Mitigation Measure is as follows:
Comtruction noise fiiai could affect tiie breeding of migratory songbirds and
other species associated with tlie adjacent sensitive CSS and FWM habitat sliall
be avoided. If construction occurs during tfw bird breeding/nesting season a
qualified biologist shall conduct a focused swyey for bird nests not more than 72
hours prior to commencement of construction operation. If nests are present, no
loud construction may take place within 500feet of active nesting sites during the
nesting/breeding season (Febiuaiy 15 through August SO). A buffer zone will be
established around any identifed nests in coordination with the monitoring
biologist. If nests are present, no consti'uction activities shall occur within any
portion of the construction alignment which would result in noise levels
exceeding 60 dBA hourly average at the nesting site."
SCOPE OF WORK
A. PLANNING SYSTEMS' biologist will review applicable environmental approval
documents, and coordinate and discuss restrictions and precautions to be taken with
construction workers at a pre-construction meeting.
B. PLANNING SYSTEMS' biologist will survey for and identify nest locations in the
vicinity of the proposed project. The biologist will field-monitor the construction to
ensure tliat these activities are in accordance with City of Carlsbad and Resoiu ce Agency
1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931.0780 • FAX (760) 931.5744 • info@planningsystems.net
Mr. Mark Biskup
21 March 2012
Page 2
requirements, and as appropriate to comply with the above described Mitigation Measure.
This will include both visual monitoring and noise monitoring as necessaiy when
activities hdve the potential to impact migratory songbitxls. Monitoring will occur for a
60 day period from the initiation of work. Biological monitoring will only be required if
the work occurs between February 15 and August 30. The biologist will immediately
notify the construction manager and the City authority if violations ofthe referenced
Mitigation Measure are imminent, and construction will be halted and mqdified or re-
focused, as necessary.
C. PLANNING SYSTEMS' biologist will prepare field notes on the construction activities.
These notes will be provided to the City on a regular basis. The biologist will also
prepare a brief summary report of findings upon completion ofthe project.
COST
Planning Systems proposes to provide an onsite monitor three days per week for approxunately 3
hom*s per day including travel and setup time. In addition the monitor will require one hours per
week for coordination, communication and reporting. The weekly level of effort will be 10 hours
repi^senting a not to exceed cost of $6,750 for the 60 day period of performance.
This cost is based on PLANNING SYSTEMS' standard scheduie of fees and calculated rates for
biological monitoring seivices. Billing will occur on a time and materials basis only for hours
spent in the above effort. Any additional costs beyond tlte amount estimated above will require
additional authorization prior to completion of the services.
Ifthe provisions ofthis proposal are acceptable, please mail us the appropriate contract for execution.
Sincerely,
Seth Schull5^g-
Manager, Biological Monitoring Progiam
PLANNING
SYSTEMS