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HomeMy WebLinkAboutWestec Services Inc; 1987-12-23;1'1 a a . AGREEMENT December THIS AGREEMENT is made this 23 day of 9 19 between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and WESTEC SERVICES, INC. hereinafter referred to as CONSULTANT. RECITALS WHEREAS, the CITY, has entered into an agreement witt CARLTAS DEVELOPMENT COMPANY hereinafter called the applicant, wherein the CITY agrees to prepare a Biological Survey Report for the proposed project identified as a Carlsbad Ranch Businc Park and more precisely shown on Exhibit "AI', attached hereto and made a part thereof; and WHEREAS, the CONSULTANT has the qualifications to prc pare the required Biological Survey Report; and WHEREAS, it is understood that the CONSULTANT shall I an independent contractor of the CITY; NOW, THEREFORE, in consideration of their mutual COVI nants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT CONSULTANT shall prepare a Biological Survey Report for subject project. In carrying out this obligation the CONSULTANT'S duties shall include the following: L 0 ,I e (a) The CONSULTANT shall prepare a Biological Survey Rer which will include a discussion of existing conditic direct and indirect impacts, and mitigation measure: appropriate with particular focus given to sensitivt species and habitats, detailing impacts to wetlands; (2) map the vegetative habitats and describe the wildlife resources of the site. Before preparing tt final report, the CONSULTANT shall submit five copif of a draft report to the Planning Director for staf. review. The CONSULTANT shall revise the draft repoi as requested by staff. (b) CONSULTANT shall prepare a draft report in complianl with the Work Program contained in Attachment IIB" 01 file at the Planning Department (unless otherwise stated in this agreement), attached hereto and made part thereof and with applicable CITY ordinances. CONSULTANT shall submit to CITY five copies plus a reproducible master of the final Biological Survey Report. (2) DUTIES OF THE CITY (a) The CITY will make payment to the CONSULTANT as provided for in this agreement. (b) The CITY will make available to the CONSULTANT any ument, studies, or other information in its possess related to the proposed project. -2- I, 0 0 (c) The CITY will review the Draft Report presented by t CONSULTANT within fourteen working days of their receipt and make written comments to the CONSULTANT within that time period. (3) TERtvlINATION OF AGREEMENT The CITY may terminate this agreement at any time by givi written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least fifteen c prior to the effective date of the termination. In even1 termination all finished or unfinished documents and othc materials prepared pursuant to this agreement shall becor its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONSULTANT the reasonable value of the services completed to the date 0' notice of termination. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assei bled by the CONSULTANT under this agreement shall not be made available to any individual or organization by the CONSULTANT without the prior written approval of the CIT (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF LAND USE PUBLIC FACILITY ECONOMIC IMPACT REPORTS AND OTHER MATER1 All documents and materials prepared pursuant to this ag ment are the property of the CITY. The CITY shall have unrestricted authority to publish, disclose, distribute otherwise use, in whole or in part, any reports, data, o other materials prepared under this agreement. -3- .. 0 0 (6) PAYMENT The CONSULTANT will be paid a maximum of $2,950.00 dollar for all work necessary to carry out the requirements of t agreement. Actual payment shall be based on the cost of report based on the costs as set forth in Attachment "B" file at the Planning Department. The CONSULTANT shall be paid seventy-five percent of the compensable services completed within 15 days after receipt of his invoice for the completion of the draft Biological Survey Report in accordance with Paragraph 1 above. The final twenty-fivc percent will be paid not to exceed the maximum amount provided in this agreement within thirty days after rece: of invoice, to be submitted after the completion of the final Biological Survey Report. (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. The CONSULTANT shall submit to the CITY five copies of the Draft Biological Survey Report within four weeks of the signing of this agreement by all concerned parties. The consultant shall submit to the CITY five copies of the final Biological Survey Report within ten working days of the completed staff review of the Draft Biological Survey Report. (8) LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is in the sum of $2,950.00 which amount is -4- . .. 0 0 estimated to be sufficient to compensate the consultant f all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONSULTANT that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum $2,950.00 without appropriate amendment to this agreement (9) CHANGES IN WORK If, in the course of this contract, changes seem merited the COHSULTANT or the CITY and informal consultations indicate that a change in the conditions of the contract warranted, the CONSULTANT or the CITY may request a chanc in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONSULTANT to inform them of the proposed changes along I a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposi a supplemental agreement shall be prepared by the CITY ai approved by the City Manager. Such supplemental agreeme shall not render ineffective or invalid unaffected porti of the agreement. Changes requiring immediate action by CONSULTANT or the CITY shall be ordered by the Planning Director, who will inform a principal of the CONSULTANT' firm of the necessity of such action and follow up with supplemental agreement coverinu such work. The lump sum -5- L ., e a amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work. (IO) HOLD HARMLESS The CONSULTANT will indemnify the CITY against and hold i harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damac to property resulting from or arising out of or in any WE connected with the performance by consultant of this agrc ment, including the defense of any action arising theref1 CONSULTANT will reimburse the CITY for all costs, expense and losses incurred by it in consequence of any claims, c rnands and causes of action which may be brought against j by a person arising out of the performance by CONSULTANT this agreement. (11) MAINTAIN INSURANCE CONSULTANT shall, at all times that this agreement is in effect or the premises are occupied by CONSULTANT, cause be maintained in force and effect an insurance policy or policies which will insure and indemnify both CITY and CONSULTANT against liability or financial loss resulting from injuries occurring to persons or property in or abo the premises or occurring as a result of any acts or activity of CONSULTANT. The liability under such insura policy shall be not less than $100,080 for any one perso injured or $300,000 for any one accident and $50,000 for -6- . .. e 0 property damage. The policy shall be written by a responsible company or companies to be approved by CITY, shall be noncancelable except on ten days' written notice CITY. Such policy shall name CITY as co-insured and a co of such policy shall be filed with the CITY. (12) INDEPENDENT CQNTRACTQR CONSULTANT in accordance with his status as an independen contractor, covenants and agrees that he will conduct hirr self consistent with such status, that he will neither hc himself out as nor claim to be an officer or employee of CITY by reason hereof, and that he will not by reason hereof, make any claim, demand, or application to or for right or privilege applicable to an officer or employee ( the CITY including, but not limited to, workmen's compen: tion coverage, unemployment insurance benefits, social st curity coverage, or retirement membership credit. (13) ASSIGNMENT OF CONTRACT CONSULTANT shall not assign this contract or any part thc of or any monies due or to become due thereunder without prior written consent of the CITY. (14) SUBCONTRACTING If the CONSULTANT shall subcontract any of the work to b performed under this contract by CONSULTANT, the CONSULT shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as -7- . -6 e 0 is for the acts and omissions of persons directly employe by it. Nothing contained in this contract shall create a contractual relationship between any subcontractor of CONSULTANT and the CITY. The CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor their terms of this contract applicable to its work unles specifically noted to the contrary in the subcontract in question approved in writing by the CITY. (15) PROHIBITED INTEREST No official of the CITY who is authorized in such capacil on behalf of the CITY to negotiate, make, accept or apprc or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contract or subcontract connection with the construction of the project, shall become directly or indirectly interested personally in tl contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of CITY to exercise any executive, supervisory or other sim functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. -8- -. a 0 (16) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, age or employee of the CITY, either before, during or after t execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor such verba agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms of this contract. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California 4,- aY L4d?/ -Z>?&.-Ld CONSULTANT / -9- 0 RECEIVED 0 CONTRAOS NOV 2 itt 598-1 ‘k? ,/ * ,/ By.-, e 0 AMENDMENT TO AGREEMENT The agreement between the CITY OF CAHLSBAD and WESTE( SERVICES, INC. to prepare a Biological Survey Report for the proposed project identified as a Carlsbad Ranch Business Park, shall be amended by the addition of the following statement under Section (12) INDEPENDENT CONTRACTOR: CONSULTANT shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall corn with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, sub-contractors and consultants that are included in this agreement. CITY OF CARLSBAD, a Municipal Corporation of the State of California WESTEC SERVICES, INC. BY 1 . EXHIBIT "A" NOT TO '3 CARLSBA PALOMAR AIRPORT PASEO DEL NORTE LOCATION MAP 0 e EXHIBI 87- 1086-E WESTEC Services, Inc. October 23, 1987 5510 Morehouse Drive. San Diego. CA 92121 1709 (619) 458-9044 t @T 1987 I City of Carlsbad "!,<a; 5 2075 Las Palmas Drive C,4A"lS2,@ Subject: Proposal for Biological Survey for Carltas Properties Ms. Nancy Rollman '+'lK %P+&Ft<7 Planning Department cl? GF - . /I Carlsbad, CA 92009-4859 ,- '* >. ., <, - -- ---/ Dear Ms. Rollman: As per your request, I am forwarding the following scope of work and cost estimate to complete a biological survey report for the Carltas properties (Carlsbad Ranch Business Park). The study area includes 3 parcels totalling 52.42 acres (19.09 ac., 31.98 ac., and 1.35 ac.) and is located between Palomar Airport Road and Paseo del Norte. The preliminary biological review data supplied by you for the study area will be utilized as background information for the biological report. The biological survey report will map the vegetative habitats and describe the wildlife resources of the site. The report will include a discussion of existing conditions, direct and indirect impacts, and mitigation measures as appropriate. Particular focus will be given to sensitive species and habitats. Of particular importance for the project site will h detailing any impacts to wetlands. We estimate the cost to prepare the biological survey report to be $2950. Wt normally request 4 to 6 weeks to submit a draft report to the City. Please note that tht estimated cost has been adjusted downward to account for some overlap with our recentlj approved contract for Palomar Airport Road widening. If a wetlands mitigation plan is required due to the extent of filling, a program o agency coordination, development of a mitigation plan and submittal of permit application! wcdd be neccssxy. This program can vary g-;rea:ly due to the magnitude of the impacts habitat values affected, ease of accomplishing mitigation onsite versus pursuit of offsitt mitigation, and resource agency attitudes toward the project. It is our understanding that i a wetlands mitigation plan is necessary, it would be handled at a later date, under separatc or amended contract when more details of the project are known. I hope this information satisfactorily replies to your needs on this project. Sincerely, , , .&+P&,3?4. / <%p < Stephen B. Lacy Manager, Life Sciences Group SBL/dp