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HomeMy WebLinkAbout1987-11-10; City Council; 8495-11; Consultant Agreement Environmental Mitigation Plan Palomar Airport Road West Assessment District Westec* Q >o fX n, % .. z 0 5 u s z 3 0 0 -r -- q ClWF CARLSBAD - AGEN-BILL TITLE: CDNsUIEANTAQiEEMENT~R~~ DEPT. HD.~ DEPT. MP CITY MGG CITY ATTYI MITIGATION PLAN m THE PAlamR AIRFoKr AB# 8495-// 11/ 10/87 MTG. ROAD WEST ASSESSMESPT DISTIZICT RECOMMENDED ACTION: Adopt Resolution No. 9ZBI approving a consultant agreement for the preparation of an environmental mitigation plan and related services required for the Palomar Airport Road West Assessment District, Project No. 3151. ITEM EXPLANATION: On September 23, 1986, the City Council approved a consultant agreement with the engineering firm of Pountney and Associates for the design of the improvements for the Palomar Airport Road West Assessment District, Project No. 3151. Final plans and specifications have been received which indicate roadway improvements along the south side of the expanded Palomar Airport Road may partially encroach into environmentally sensitive riparian areas and streambeds requiring corresponding mitigation as conditions of permits to be secured from the California Coastal Commission, U. S. Army Corps of Engineers, and State Department of Fish and Game for this project. Therefore, environmental reconnaissance and the development of a mitigation plan will be required in order to secure the required project permits. Staff has negotiated a scope of work resulting in the attached consultant agreement to provide the necessary environmental work required of the project with Westec Services, Incorporated, of San Diego. The scope of services includes an archaeological field investigation of the expanded Palomar Airport Road alignment, biological assessment of the entire project site to include preparation of an impact analysis report, preparation of a biological mitigation plan to address the impact areas, coordinate environmental permit applications and conduct negotiations and consultations with the regulatory agencies on behalf of the City. Westec Services, Incorporated, is the firm which prepared the City's environmental mitigation plan and assisted in securing the required project permits from the same regulatory agencies for Carlsbad I s recently completed La Costa Avenue improvement projects. The scope of work and coordination of environmental permit activities required for the La Costa Avenue projects are very similar to the mitigation plan efforts required of the Palomar Airport Road West Assessment District project. Staff recommends approval of the attached consultant agreement. , a a Page Two of Agenda Bill No. g495-11 FISCAL IMPACT: The attached consultant agreement and accompanying proposal describe the specific tasks to be performed by the consultant. The total estimated cost to provide the necessary services will not exceed $10,000 without prior authorization by the City. The City Council has previously appropriated $2,100,000 as City contribution to the assessment district in the 1986-87 Capital Improvement Program budget. Sufficient funds exist in the project account to enable award of the attached consultant agreement. EXHIBITS : 1. Location Map. 2. Resolution No. 7z&/ approving a consultant agreement for the preparation of an environmental mitigation plan and related consultant services for the Palomar Airport Road West Assessment District, Project No. 3151. 3. Consultant Agreement. @ 'a fi I LOCATION MAP . .*: .** : .. .. .. .. .. .. .. .. .. .. ............. LEGEND ......... .ASSESSMENT DISTRICT BOUNDARY VICwrY MAP N. 7. E. PROJECT NAME- PALOMAR AIRPORT ROAD -Pf?oJ= No- EXff/Bf' ~. ASSESSMENT DISTRI CT 31 51 I d - .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 9281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR THE PREPARATION OF AN ENVIRONMENTAL MITIGATION PLAN AND RELATED SERVICES FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT WHEREAS, a scope of work and agreement has been negotiat by the City of Carlsbad with Westec Services, Incorporated, f the preparation of an environmental mitigation plan and relat services for the City's Palomar Airport Road West Assessme District, Project No. 3151; and WHEREAS, the negotiated fee for said services is estimat to be $10,000 and shall not exceed the aforementioned amou without prior authorization by the City of Carlsbad; and WHEREAS, final plans and specifications for the City Carlsbad's proposed improvements to Palomar Airport Road inclu potential encroachment into sensitive riparian and streamb areas requiring corresponding mitigation; and WHEREAS, the City of Carlsbad requires the services of environmental consultant to assist in the preparation of environmental mitigation plan and coordination of regulato: agency permits for the proposed aforementioned project; and I WHEREAS, the City Council of the City of Carlsbad hi previously appropriated funds for the design, administration ai construction of the proposed aforementioned project; NOW, THEREFORE, BE IT RESOLVED by the City Council of tl City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an agreement between the City of Carlsbad a: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 Westec Services, Incorporated, for the preparation of environmental mitigation plan and related services for t Palomar Airport Road West Assessment District, Project No. 315 is hereby approved. 3. That the Mayor and City Clerk are hereby authoriz and directed to execute said agreement on behalf of the City Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of t Carlsbad City Council held on the 10th date of November 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None i ABSENT: None I ATT'EST: I L?&i%+dQ& ALZTHA L. RAUTENKRANZ, CitylClerk (SEAL) I m 0 AGREEMENT FOR PREPARATION OF AN ENVIRONMENTAL MITIGATION PLAN AND RELATED SERVICES THIS AGREEMENT, made and entered into as of the day of , 1987, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City, 1f and WESTEC SERVICES, INCORPORATED, hereinafter referred to as "Consultant. II RECITALS City requires the services of an environmental consultant to provide the necessary services for preparation of an environmental mitigation plan and related professional consultant services under the direction of the Municipal Projects Department of the City for the Palomar Airport Road West Assessment District, Project No. 3151; and Consultant possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows : 1. CONSULTANTIS OBLIGATIONS The Consultant shall: a. Prepare an environmental mitigation plan and perform related consultant services for the City's Palomar Airport Road West Assessment District project in accordance with Consultant's proposal dated October 22, 1987, a copy of which is attached and incorporated by reference herein. 0 0 2 b. Act as liaison between regulatory agencies, utility agencies, CityIs design engineering firm for this project, citizens, and other persons, firms, or entities as may be required to perform the work as contemplated by this agreement and City staff as related to the proposed project. C. Coordinate, draft, prepare, deliver, and otherwise implement project environmental permit applications and perform related environmental work for this project in accordance with consultants aforementioned proposal. d. Attend such meetings of public or private groups as may be required in conjunction with the Palomar Airport Road West Assessment District project. e. Provide all personal transportation and at Consultant's expense within the County of San Diego during the course of this agreement. f. Perform all functions, responsibilities, and requirements to accomplish the environmental mitigation plan and related services as specified in Consultant's proposal hereinabove referred. 2. CITY'S OBLIGATIONS Under the general direction of the Municipal Projects Department, the City shall: a. Make available to Consultant all records, reports, and other documents deemed necessary by Consultant to properly perform the services required by the City. 0 0 3 3. PROGRESS AND COMPLETION The work under this Contract will begin immediately upon receipt of notification to proceed by the City and be completed within thirty (30) calendar days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City. In consideration of such requests, the City will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The fee payable according to Paragraph 5, "Payment of Fees," shall be made in accordance with Page 2 of the attached Consultant's proposal dated October 22, 1987. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, "Changes in Work." The total fee to be paid by City to Consultant shall not exceed $10,000 without prior authorization of City. 5. PAYMENT OF FEES Payment of fees shall be made by City to Consultant upon completion of tasks as indicated in the aforementioned Consultant proposal. 6. CHANGES IN WORK If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the 0 0 4 Contract is warranted, the Consultant or the City may request a change in 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 by Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective of invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 0 0 5 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 9. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in to the City Manager. The City Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution 0 0 6 which would be of benefit to both parties. The City Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT , The Consultant is hired to render professional services of preparation of an environmental mitigation plan and related services and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished to City by a principal of Consultant. 12. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. a 0 7 The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 13. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to this contract shall be the full and complete compensation to which the Consultant is entitled. The City shall not make any Federal or State tax withholdings on behalf of the Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the Citi may be required to make on behalf of the Consultant or ani employee of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply witk those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. a 0 8 14. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all environmental mitigation plans, drawings and specifications to conform to all applicable requirements of law: Federal, State and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made to be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 16. HOLD HARMLESS AGREEMENT The City, its agents, officer, and employees shall not be liable for any claims, liabilities, penalties, fines, or nay damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save fee and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind m. e 9 and any cost and expense that is incurred by the City on account of any of the foregoing liability on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications. 17, ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 18. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City, 19. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering, inspection, construction or material m W 10 supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this 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 an on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 20. VERBALLY AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitles the Consultant to any additional payment whatsoever under the terms of this Contract. 21. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. rn W 11 23. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. 24. INSURANCE The Consultant shall obtain and maintain a policy of liability insurance from an insurance company authorized to do business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000). This insurance shall be in force during the life of this agreement and shall not be cancelled without ten (10) days prior notice to the City. The City shall be named as an additionally insured on this policy. The Consultant shall furnish a certificate of said insurance to the City upon request. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WESTEC SERVICES, INC. CITY OF CARLSBAD: Mayor 27 B2?2;*2uy Title APPROVED AS TO FORM: ATTESTED : City Attorney City Clerk m m Exhibit 1 SCOPE OF WORK Palomar Airport Road Improvements October 22, 1987 Task 1: Archaeolwv WESTEC will conduct an archaeological field investigation for the detour road and channel improvements (800 feet+/- ) for Palomar Airport Road Expansion. The archaeology report prepared for the Palomar Airport Road alignment project will be amended to include the results of this reconnaissance. Task 2: BioloPical Reconnaissance WESTEC will conduct a biological assessment of the project site and update the Palomar Airport Road alignment report. WESTEC will prepare an impact analysis report suitable for submission to City Planning staff and regulatory agencies (U.S. Army Corps of Engineers, California Department of Fish and Game and California Coastal Commission). Task 3: Concentual Mitipation Plan WESTEC will prepare a conceptual biological mitigation plan for impacts related to the entire road alignment, channel and detour road project. WESTEC will consult with the City to determine suitable areas for mitigation and then prepare the conceptual plan for submittal to the City Planning staff and regulatory agencies for support of permit applications. Task 4: AFencv Consultation WESTEC will coordinate with City of Carlsbad staff and regulatory agencies for permit acquisition support. Included in this task will be the preparation of applications for the regulatory agencies and negotiations and consultations with the agencies. WESTEC will meet with agency representatives, as necessary, to support the mitigation program. This task will be billed separately from the other tasks described above. The estimated break-out for staffing allocation of time for this task includes 80 hours of Project Manager (B. Dehoney) and 30 hours of Staff Biologist (P. Gordon-Reedy). i 6 m m -1 \ 4- SCHEDULE WESTEC will conduct the field reconnaissances within three weeks of contract authorization. Mitigation plans and agency consultation will follow. COST PROPOSAL WESTEC's cost estimite for this scope of work is as follows: Task 1: Archaeology $ 500 Task 2: Biological Reconnaissance $2000 Task 3: Conceptual Mitigation Plan $3000 Task 4: Agency Consultation $4500 WESTEC will not excked $10,000 without specific authorization by the City of Carlsbad. WESTEC's offer to complete the scope of work and cost estimate may be accepted at any time within the next 30 days. After that date, the cost estimate may need to be revised to reflect possible increased expenses. ADDITIONAL WORK Any effort to accomplish additional work beyond the aforementioned tasks can be handled through a supplemental agreement. If the agency consultation task experiences complications and man hours expended exceeds that estimated above, a supplemental agreement will be required. Also, if agency meetings and/or hearings are held outside the San Diego/Los Angeles area costs associated with travel will either be provided by the City or as added costs. ?