HomeMy WebLinkAboutTetra Tech Inc; 1990-09-14;September 14, 1990
William R. Brownlie, Vice President
Tetra Tech, Inc.
348 West Hospitality Lane, Suite 300
San Bernardino, CA 92408-32 16
RE: Supplement to the Agreement between the City of Carlsbad and Tetra Tech, 11
The Carlsbad City Council at its meeting of August 28, 1990, adopted Resolution Nc
322, approving a Supplement to the Agreement between the City of Carlsbad and
Tech, Inc. dated May 29, 1990.
Enclosed for your records is a copy of the fully executed Supplement as well as a cc
Resolution No. 90-322.
If you have any questions, please call us at 434-2808. &*LdTZ G4- <
Assistant City Clerk
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Encs.
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1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2
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William R. Brownlie, Vice President
Tetra Tech, Inc.
348 West Hospitality Lane, Suite 300
San Bernardino, CA 92408-3216
SUBJECT: Supplement To The Agreement Between The City Of Carlsbad And Tetra Tech, Inc
Dated May 29, 1990, Pursuant To City Council Resolution No. 90-141.
The CITY and CONSULTANT hereby agree to the following:
1. The CONSULTANT shall prepare an EIR and undertake and complete the tasks itemizc
in the Revised Proposal submitted by the CONSULTANT and dated August 15, 199
(amended August 17, 1990) a copy of which is attached hereto and made a part hereof.
The CONSULTANT shall be paid on a time and materials basis not to exceed a maximu
of $57,853.00 dollars for all work performed pursuant to this supplemental agreemer
Payments shall be made at the completion of each task set forth in Table 1 of the Propos
less 1096, which shall be paid after certification of the final EIR by the CITY COUNCIL
In the event the project is placed on hold by the CITY for 45 days or longer, tl
CONSULTANT shall be compensated for services rendered in accordance with Table 1
the Proposal. Such payment shall not exceed the maximum amount of this supplement
agreement.
2.
3.
The parties hereto have executed this supplemental agreement on the @ -fh day of s GQ 7.
1990.
William R. Brownlie, Ph.D., ATTEST: Vice President
City Attorney
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AGREEMENT
THIS AGREEMENT is made this Axphay of .‘R,-, 19222, by a
between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to
CITY, and Tetra Tech, Incorporated hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, the CITY, requires environmental documentation and analy
assistance for the proposed SDG&E Encina Power Plant expansion and Califor
Energy Commission Notice of Intention, and
WHEREAS, the CONSULTANT has the qualifications to prepare the nee(
environmental documentation and analysis, and
WHEREAS, it is understood that the CONSULTANT shall be
independent contractor of the CITY;
NOW, THEREFORE, in consideration of their mutual covenants i
conditions, the parties hereto agree as follows:
(1) DUTIES OF THE CONSULTANT
(a) The CONSULTANT shall undertake and complete Tasks 1, 2, :
3 pursuant to the Scope of Work contained in the CITY’S Expan
Request for Professional Consulting Services, dated March 28, 1 !
a copy of which is attached to and made a part hereof, and
Approach to Work contained in CONSULTANT’S ktter to the C
dated April 18, 1990, a copy of which is attached to and mac
part hereof, which tasks consist of the following:
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1) Locate, review, and evaluate existing environmental i
technical documents, studies and data pertaining to the A!
Hedionda Lagoon and Encina Power Planit with regarc
subjects listed in the Expanded Request for Professic
Consulting Services;
2) Assist the CITY to review and comment upon potei
environmental impacts and other information to be produ
as part of the California Energy Commission Notice
Intention process; and
Confer with CITY staff and other consultants, including spc
legal counsel, in the development of tactics and strateg
3)
(2) DUTIES OF THE CITY
(a) The CITY will make payment to the CONSULTANT as providec
in this agreement.
The CITY shall make available to the CONSULTANT all currc
held background information and technical docurnents.
The CITY shall coordinate all meetings, including City hearings
associated noticing requirements.
The CITY shall respond to all of CONSULTANT’S telephone 1
within 24 hours.
(b)
(c)
(d)
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(3) TERMINATION OF AGREEMENT
The CITY may terminate this agreement at any time by giving writ
notice to the CONSULTANT of such termination and specifying i
effective date thereof, at least fifteen days prior to the effective date of.
termination. In event of termination, all finished or unfinished docume
and other materials prepared pursuant to this agreement shall become
City's property. Upon termination for reasons other than breach of 1
agreement CITY shall pay CONSULTANT the reasonable value of
services completed to the date of notice of termination.
RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or assembled by
CONSULTANT under this agreement shall not be made available to
individual or organization by the CONSULTANT without the prior wrii
approval of the CITY.
OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF REPOF
AND OTHER MATERIALS
All documents and materials prepared pursuant to this agreement are
property of the CITY. The CITY shall have the unrestricted authorit
publish, disclose, distribute and otherwise use, in whole or in part,
reports, data, or other materials prepared under this agreement.
(4)
(5)
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(6) PAYMENT
Payment for performance of the tasks described herein shall be made
a time and materials basis, using the CONSULTANT’S rate schedi
revised and dated April 1, 1990, a copy of which is attached to and ma
a part hereof. Invoices shall be submitted monthly by CONSULTANT
all work performed during the preceding month. Such invoices shall
payable by the CITY within 30 days after receipt thereof by CITY. In
event is compensation for required services to exceed $75,000.00
(7) TIME OF COMPLETION
Within eight days of receipt of an executed copy of this agreeme
CONSULTANT shall prepare and deliver to City a milestone schedule
work and products required for Task 1. Such milestone schedule is
show preliminary work and products for Tasks 1.1 through and incluc
1.5 to be completed no later than July 25, 1991. All tasks required un
this agreement are to be completed within 18 months from the execu
date of this agreement.
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the CITY under this agreement is in the s
of $75,000.00 which amount is estimated to be sufficient to compens
the CONSULTANT for all services performed hereunder during the te
of this agreement. In the event at any time it appears to
CONSULTANT that said sum may not be sufficient, he shall immediz
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so notify the Planning Director. He will not perform any work or incur i
obligation beyond said sum of $75,000.00 without appropriate amendrn
to this agreement.
(9) CHANGES IN WORK
If, in the course of this contract, changes of the terms of this agreerr
seem merited by the CONSULTANT or the CITY and informal consultatii
indicate that a change in the conditions of the contract is warranted,
CONSULTANT or the CITY may request a change in the contract. Si
changes shall be processed by the CITY in the following manner. A IC
outlining the required changes shall be forwarded to the CITY
CONSULTANT to inform them of the proposed changes along wii
statement of estimated changes in charges or time schedule. I
reaching mutual agreement on the proposal, a supplemental agreen
shall be prepared by the CITY and approved by the City Manager. S
supplemental agreement shall not render ineffective or invalid unaffec
portions of the agreement. Changes requiring immediate action by
CONSULTANT or the CITY shall be ordered by the Planning Director
will inform a principal of the CONSULTANT'S firm of the necessity of :
action and follow up with a supplemental agreement covering such v
The lump sum amounts detailed in this agreement shall be adjustec
changes, either additive or deductive, in the scope of work.
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(IO) HOLD HARMLESS
The CONSULTANT will indemnify the CITY against and hold it harmlc
from all and any cost, expense, or liability for damages on account
injury or death to persons or damage to property resulting from or aris
out of or in any way connected with the performance by CONSULTA
agreement, including the defense of any action arising therefrc
CONSULTANT will reimburse the CITY for all costs, expenses and 10s:
incurred by it in consequence of any claims, demands and causes
action which may be brought against it by a person arising out of
performance by CONSULTANT of this agreement.
(1 1) MAINTAIN INSURANCE
CONSULTANT shall, at all times that this agreement is in effect or
premises are occupied by CONSULTANT, cause to be maintained in fo
and effect an insurance policy or policies which will ensure and indemi
both CITY and CONSULTANT against liability or financial loss resull
from injuries occurring to persons or property in or about the premise5
occurring as a result of any acts or activity of CONSULTANT. The liab
under such insurance policy shall be not less than $100,000 for any (
person injured or $300,000 for any one accident and $50,000 for propt
damage. The policy shall be written by a responsible company
companies to be approved by CITY, and shall be noncancelable exc
on ten days’ written notice to CITY. Such policy shall name CITY as
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insured and a certificate of insurance of such policy shall be filed with i
CITY, evidencing CONSULTANT'S compliance with this requirement. f
subconsultant retained by CONSULTANT to perform any of the servic
under this agreement shall maintain its own insurance policy or policie:
accordance with the provision of this paragraph.
(12) INDEPENDENT CONTRACTOR
CONSULTANT in accordance with his status as an independent contrac
covenants and agrees that he will conduct himself consistent with SI
status, that he will neither hold himself out as nor claim to be an office]
employee of the CITY by reason hereof, and that he will not by rea:
hereof, make any claim, demand, or application to or for any right
privilege applicable to an officer or employee of the CITY including, but
limited to, workmen's compensation coverage, unemployment insurai
benefits, social security coverage, or retirement membership credit. '
CONSULTANT shall be aware of the requirements of the lmmigra
Reform and Control Act of 1986 (8 USC Sec. 1101-1525) and shall con
with those requirements, including, but not limited to, verifying the eligit:
for employment of all agents, employees, sub-contractors and consult:
that are included in this agreement.
(13) ASSIGNMENT OF CONTRACT
CONSULTANT shall not assign this contract or any part hereof or
monies due thereunder without the prior written consent of the CITY.
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(14) SUBCONTRACTING
If the CONSULTANT shall subcontract any of the work to be perforn
under this contract by CONSULTANT, the CONSULTANT shall be f
responsible to the CITY for the acts and omissions of Consulta
subcontractor and of the persons either directly or indirectly employed
CONSULTANT. Nothing contained in this contract shall create
contractual relationship between any subcontractor of CONSULTANT l
the CITY. The CONSULTANT shall bind every subcontractor and e\
subcontractor of a subcontractor by the terms of this contract applic:
to Consultant’s work unless specifically noted to the contrary in
subcontract in question approved in writing by the CITY. E\
subcontractor shall be approved in writing by the CITY.
(1 5) PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of
CITY to negotiate, make, accept or approve, or to take part in negotial
making, accepting or approving any architectural, engineering, inspeci
construction, or material supply contractor, or any subcontracto
connection with the construction of the project, shall become direct1
indirectly interested personally in this contract or in any part thereof.
officer, employee, architect, attorney, engineer or inspector of or for
CITY who is authorized in such capacity and on behalf of the CIT
exercise any executive, supervisory or other similar functions in connec
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with the performance of this contract shall become directly or indire
interested personally in this contract or any part thereof.
(16) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or emplc
of the CITY, either before, during or after the execution of this conti
shall affect or modify any of the terms or obligations herein contained,
such verbal agreement or conversation entitle the CONSULTANT to
additional payment whatsoever under the terms of this agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this agreer
on the day and year first above written.
ATTEST:
APPROVED AS TO FORM:
DT: I h
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