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HomeMy WebLinkAboutRincon Consultants; 2013-08-15; UTIL1026UTIL1026 AGREEMENT FOR BIOLOGICAL CONSULTANT SERVICES FOR THE AGUA HEDIONDA LIFT STATION (RINCON CONSULTANTS, INC.) THIS AGREEMENT is made and entered into as of the y^ day of 'A^AJ/' 2013, by and between the CITY OF CARLSBAD, a municipal corpof^ion, ("City"), and RINCON CONSULTANTS, INC., a California corporation, ("Confractor"). RECITALS City requires the professional services of a biological consultant that is experienced in biological effects associated with discharge of urban stormwater runoff. 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 hundred (100) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be one thousand five hundred dollars ($1,500). 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 1/30/13 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 phor 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 Carlsbad 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, 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 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 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 RINCON CONSULTANTS INC., a California corporation (sign here) (print name/title) (sign here) /T" (print name/title)^ CITY OF CARLSBAD, a municipal corporation of the State of California City Manager or Mayor 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 By:. Assistant City\f\ttorney City Attorney Approved Version 1/30/13 Loose Certificate to "Agreement For Biological Consultant Services For The Agua Hedionda Lift Station ACKNOWLEDGMENT State of California County of S/eNrOd-A .) On ^fi\usr ^, ^g>r3 before me, CToSH Pui^cSXc, /JOTT^^ PuB^/d. (insert name and title of the officer) personally appeared U>if e^T^ng- Hfir^f^t^ /FNO Qu/^hiC: Mfrt^oa/l pLU^A^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/i€/are subscribed to the within instrument and acknowledged to me that be/$ti€/they executed the same in bi8/j>er/their authorized capacity (ies), and that by tHs/Jaer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOQ WITNESS my hand and official seal. Signature JOSHPURCELL COMM. #1937390 NOTARY PUBLIC-CAUFORNIA VENTURA COUNTY MyCommMonexpir«6 MAY20.2016 (Seal) EXH IBIT A Rincon Consultants, Inc. 5135 Avenida Encinas, Suite A Carlsbad, California 92008 760 918 9444 FAX 918 9449 info@rinconconsultants.com www.rinconconsultants.com July 24, 2013 Rincon Job No. 13-01243 Mark Biskup, Associate Engineer City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Via email: Mark.Biskup@carlshadca.gov Subject: Proposal to Prepare Biological Opinion Regarding Water Quality Effects Agua Hedionda Lift Station Project, Carlsbad, California Dear Mr. Biskup, Rincon Consultants, Inc. is please to present this proposal to provide biological consulting services for a lift station project located south of Agua Hedionda, east of the railroad tracks and an existing lift station, and north of the former oil storage tanks for the Encinas Power Station in Carlsbad, San Diego County. It is our understanding that the City of Carlsbad needs a biological expert opinion regarding water quality effects associated with the discharge of urban runoff from the proposed development with respect to Agua Hedionda in compliance with the City's Standard Urban Storm Water Management Plan (SUSMP; January 2011). Currently, Brown and Caldwell are preparing a Major Storm Water Management Plan (SWMP) for the facility, and our work would be supplemental to that study and provide the biological guidance. The purpose of our work is to support a hydromodification exemption in the SWMP. The following discusses our proposed scope of work. SCOPE OFWORK Biological services requested include preparation of a letter report that provides a brief project description, provision of urban runoff flows (Q2, QIO, QIOO) from the Brown and Caldwell draft report, a description of the runoff route to the lagoon, a description of the point of discharge and associated erosion controls, and the possible effects associated wifh the discharge of urban runoff from the lift station. The letter report will provide a brief discussion of the characteristics of the lagoon and compare the anticipated inflow with the volume of water within the lagoon, with particular reference to changes in salinity. Pictures of the path from discharge outlet to standing water in the lagoon will be included. Based on the Brown and Caldwell draft report, stormwater runoff from the site is planned to be primarily routed into new infiltration basins, with most runoff being routed to one located on the west side of the site. This basin will be connected to the public storm drain system that drains an existing public detention basin and discharges to the lagoon just east of the existing lift station. Env/ronmenta/ Scientists Planners Engineers r City of Carlsbad Agua Hedionda Lift Station Water Quality Effects July 24, 2013 Page 2 of 2 SCHEDULE AND COST We are prepared to start with this project immediately upon your authorization. We understand that time is of the essence for this assigimient and will prepare the report within 10 working days of authorization. Rincon anticipates that the letter review will require up to 12 hours of labor time plus expenses, and propose that you set a budget of $1,500 for this task. We will complete the work scope identified above and any other additional services at your request on a time and materials expense reimbursement basis in accordance with our standard fee schedule and a mutually acceptable contract or purchase order. We will not exceed the $1,500 budget without prior written authorization from you. This offer for professional services is appUcable for 15 days from the date of this proposal. We sincerely appreciate your consideration of Rincon Consultants for this project. If you have any questions or would like any additional information, please contact us. Sincerely, RINCON CONSULTANTS, INC. Duane Vander Pluym, D.Env. Vice-President Environmental Scientists Planners Engineers RINCON CONSULTANTS, INC. Standard Fee Schedule for Environmental Sciences and Planning Services Rincon Consultants' fee schedule is based on the time that is charged to projects by otir professionals and support staff. Direct costs associated with completing a project are also billed to the project as outlined imder Reimbursable Expenses below. The following sets forth the billing rates for our personnel. Professional, Technical, and Support Personnel Rate i Principal II $ 210/hour Principal I $ 180/hour Senior Supervisor II $ 160/hour Supervisor I $ 145/hour Senior Staff II $ 135/hour Senior Staff I $120/hour Professional Staff Analyst III $ 105/hour Professional Staff Analyst II $ 95/hour Professional Staff Analyst I $ 85/hour Environmental Technician $ 60/hour Environmental Field Aide $ 55/hour Senior GIS Specialist $ 105/hour GIS Specialist/CAD Specialist $ 85/hour Graphic Designer $ 75/hour Technical Editor $ 85/hour Qerical/Administrative Support Staff $ 65/hour Production Technician $ 65/hour Expert witness services consisting of depositions and in-court testimony are charged at a rate of $295/hour. PhotocoDying and Printing Photocopies will be charged at a rate of $0.08/copy for single-sided copies and $0.16 for double-sided copies. Colored copies will be charged at a rate of $1.00/copy for single-sided and $2.00/copy for double-sided or ll"xl7" copies. Oversized maps or display graphics will be charged at a rate of $8.00/square foot. Reimbursable Expenses Expenses associated with completing a project are termed Reimbursable Expenses. These expenses do not include the hourly billing rates described above. Reimbursable expenses include, but are not limited to, the following: 1. Direct costs associated with the execution of a project are hilled at cost plus 15% to cover General and Administrative services. Direct costs include, hut are not limited to, laboratory and drilling services charges, suhcontractor services, authorized travel expenses, permit charges and filing fees, printing and graphic charges, mailings and postage, perfotmance honds, sample handling and shipment, equipment rental other than covered hy the ahove charges, etc. Communications charges and miscellaneous office expenses (including PDAs, cell plumes, phone, fax, and electronic data transmittals, digital cameras, photo processing, etc.) are hilled at 3% of total lahor. 2. Vehicle use in company-oumed vehicles will be hilled at a day rate of$85/day for regular terrain vehicle use and $135 per day for 4-WD off-road vehicle use, plus $0.85/mile for mileage over 50 miles per day. For transportation in employee-owned automobiles, a rate of$0.85/mile will be charged. Rental vehicles will be billed at cost plus 15%. Environmental Scientists Planners May 2013 Engineers r RINCON CONSULTANTS, INC. Equipment Schedule for Environmental Sciences and Planning Services Equipment Rate Unit Environmental Site Assessment Bailer $ 25 Day Brass Sample Sleeves $ 10 Each DC Purge Pump $ 35 Day Disposable Bailer $ 20 Each Flame Ionization Detector $200 Day Four Gas Monitor $120 Day Hand Auger Sampler $ 55 Day Level C Health and Safety $ 60 Person per day Oil-Water Interface Probe $ 85 Day Photo-Ionization Detector $120 Day Soil Vapor Extraction Monitoring Equipment $140 Day Water Level Indicator $ 35 Day Water Resources Dissolved Oxygen Meter $ 45 Day Refractometer (salinity) $ 30 Day Sterilized Sample Jar $ 5 Each Temp-pH-Conductivity Meter $ 50 Day Turbidity Meter $ 30 Day Natural Resources Field Equipment Fiberoptic Scope $ 90 Day Infrared Sensor Digital Camera $ 50 Day Field Equipment Package, amphibian survey (digital camera, GPS, thermometer, decon chlorine, waders, float tube, hand net) $150 Day Field Equipment Package, constmction monitoring (digital camera, GPS, thermometer, binoculars, field computer, safety equipment) $ 95 Day Field Equipment Package, standard (digital camera, GPS, thermometer, binoculars, and botanic collecting equipment) $ 45 Day Field Equipment Package, remote (digital camera, GPS, thermometer, binoculars, field computer and mifi, Delorme Satellite Beacon, 24- Hour Safetv Phone) $ 125 Day Laser Rangefinder/Altitude $10 Day Mammal trap, large / small $1.50 / $0.50 Each per trap cycle Minnow trap $ 85 Each per job Net, hand / large seine $ 10/ $50 Day Pettersson Bat Ultrasound Detector/Recording Equipment $150 Job Pit-fall Trap $ 5 Each per trap cycle Scent Station $ 20 Station Spotiight $ 5 Day Trimble® GPS (submeter accuracy) $190 Job Spotting Scope $150 Job Multi-Services Field Equipment Anemometer $ 5 Day Computer Field Equipment $ 45 Day GPS unit, standard field $ 10 Day Sound Level Meter $ 50 Day Environmental Scientists Planners May 2013 Engineers