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HomeMy WebLinkAboutLSA Associates Inc; 2024-11-14; PSA25-3546CADocusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677 A4 MASTER AGREEMENT FOR ENVIRONMENTAL PLANNING/ STUDIES SERVICES LSA ASSOCIATES, INC. ATTACHMENT R PSA25-3546CA THIS AGREEMENT is made and entered into as of the )q day of ~ • , 2024, by and between the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "City", and LSA Associates, Inc., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of a consulting firm that is experienced in environmental planning and studies. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to environmental planning and studies. D. Contractor has submitted a proposal to City under Request for Qualifications (RFQ) No. 24-3430CA 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2024, through November 30, 2027. The City Manager may amend the Agreement to extend it for two (l) additional one(.!.) year(s) periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Page 1 City Attorney Approved Version 5/22/2024 Nov. 12, 2024 Item #2 Page 248 of 680 ATTACHMENT R PSA25-3546CA Page 2 City Attorney Approved Version 5/22/2024 Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager (“Director”). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed five hundred thousand dollars ($500,000). Fees will be paid on a project-by-project basis and will be based on Contractor’s Schedule of Rates specified in Exhibit “A”. Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. If the City or CMWD elect to extend the term of the Master Services Agreement, adjustments to the rate schedule may be permitted. Upon receipt of a written request from the Contractor, the City or CMWD may consider approving a rate schedule increase. Rate schedule increases will be considered for each anniversary of the Agreement effective date after the initial three-year term. An increase to the rate schedule will be calculated based on the proceeding 12-month percentage change in the Consumer Price Index, San Diego Area, for All Urban Customers (CPI-U) , as reported by the Bureau of Labor Statistics or 5.0%, whichever is lower. If the CPI-U is a negative number, then the rate schedule will not be adjusted for that year. The Contractor must submit a request and justification to increase the rate schedule at least sixty days prior to the anniversary of the effective date, assuming the City or CMWD opt to extend the Master Services Agreement. The justification accompanying the written request should detail the rationale for the requested adjustment, and the requested adjustment amount, supported by relevant documentation (e.g., CPI-U or 5.0%, whichever is less). Approval of rate schedule increase by the City or CMWD must be documented in an amendment to the Agreement. 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 249 of 680 ATTACHMENT R PSA25-3546CA Page 3 City Attorney Approved Version 5/22/2024 dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9. CONTRACTOR EVALUATIONS Work performed under this Master Services Agreement may be subject to the City’s contractor evaluation program. Prior to the release of any task orders, the Contractor will be notified of the program requirements and will receive a copy of the evaluation criteria and process. The Contractor’s performance may be evaluated and the results will be considered for future task orders or agreements. 10. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 250 of 680 ATTACHMENT R PSA25-3546CA Page 4 City Attorney Approved Version 5/22/2024 Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 11. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 12. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed 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 willful misconduct or negligent act or omission 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. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 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. 13. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 13.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 251 of 680 ATTACHMENT R PSA25-3546CA Page 5 City Attorney Approved Version 5/22/2024 13.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 13.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 13.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 13.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 13.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 13.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 13.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 13.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 13.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 13.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 252 of 680 ATTACHMENT R PSA25-3546CA Page 6 City Attorney Approved Version 5/22/2024 14. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 15. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 16. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 17. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 18. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Eleida Felix Yackel Name Adrianne Beazley Title Senior Contract Administrator Title Project Manager Dept Public Works Address 2292 Faraday Avenue, Suite 71 CITY OF CARLSBAD Carlsbad, CA 92008 Address 1635 Faraday Avenue Phone 760-931-5471 M: 760-271-0503 Carlsbad, CA 92008 Email Adrianne. Beazley@lsa.net Phone 442-339-2767 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 253 of 680 ATTACHMENT R PSA25-3546CA Page 7 City Attorney Approved Version 5/22/2024 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering ______________ (___) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 00 Nov. 12, 2024 Item #2 Page 254 of 680 ATTACHMENT R PSA25-3546CA Page 8 City Attorney Approved Version 5/22/2024 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. THIRD-PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 30. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 255 of 680 ATTACHMENT R PSA25-3546CA Page 9 City Attorney Approved Version 5/22/2024 and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. 31. 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. Executed by Contractor this___________ day of _______________________, 2024. Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 October18th Nov. 12, 2024 Item #2 Page 256 of 680 Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 CONTRACTOR LSA Associates, Inc., a California corporation By: 4~Pwos (sign here) Anthony Petros, Chief Executive Officer (print name/title) By: (sign here) (print name/title) ATTACHMENT R PSA25-3546CA CITY OF CARLSBAD, a municipal corporation of the State of California By -~~ayor ATTEST: SHERRY FREISINGER, City Clerk By: CW- Deputy City Clerk 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 : CINDIE K. McMAHON, City Attorney BY: &ilA..A {h.m.r~ Assistant City Attorney Page 10 City Attorney Approved Version 5/22/2024 Nov. 12, 2024 Item #2 Page 257 of 680 ATTACHMENT R PSA25-3546CA Page 11 City Attorney Approved Version 5/22/2024 EXHIBIT A SCOPE OF SERVICES AND FEES Perform a variety of environmental planning and study related tasks as outlined in individual Project Task Descriptions & Fee Allotments (PTD&FA), related to the following: A. Agency Coordination. B. Assistance with Environmental Permitting. C. Biological Monitoring. D. Cultural Resources & Native American Monitoring. E. Environmental Compliance Tracking. F. Environmental Initial Studies / Environmental Documentation. wz G. Habitat enhancement, including invasive species removal. H. Installation of minor erosion control. I. Mitigation and Monitoring Plans. J. Preparation of Technical Studies. K. Site Surveys. L. Special Studies. M. Sustainability Research. Requests for work not listed above must be contracted under separate agreement. Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 258 of 680 1 LSA Rates Category 6: Environmental Planning/Studies Name/Title and Role Rate Blake Selna, Principal/Biologist Principal in Charge $335 Adrianne Beazley, Associate/Senior Environmental Planner Project Manager/Environmental Task Lead $260 Jaime Morales, Associate/Senior Biologist Deputy Project Manager/Biological Resources Task Lead $200 Jayna Harris, Associate/Environmental Planner Environmental Planning $270 Brianna Shaw, Senior Environmental Planner Environmental Planning $200 Olivia Gastaldo, Environmental Planner Environmental Planning $145 Jodi Ross-Borrego, Principal/Biologist Biological Resources $295 Christina Van Oosten, Senior Biologist Biological Resources $185 Stan Spencer, Ph.D., Associate/Senior Biologist, Botanist, Certified Arborist Biological Resources $175 Heather Monteleone, Senior Biologist Biological Resources $175 Eva Newby, Assistant Biologist Biological Resources $130 Julia Lung, Assistant Biologist Biological Resources $125 Lloyd Sample, Principal/Archaeological and Paleontological Resources Cultural Resources –Oversight $280 Ivan Strudwick, RPA, Associate/Archaeologist Cultural Resources – Archaeology/Tribal Consultation Lead $210 Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 259 of 680 2 Category 6: Environmental Planning/Studies Name/Title and Role Rate Chris Morgan, RPA, Archaeologist Cultural Resources – Archaeology/Tribal Consultation $150 Casey Tibbet, Associate/Historian/Architectural Historian Historic Resources Lead – Built Environment $205 Kelly Vreeland, M.Sc., Paleontologist Paleontological Resources Lead $175 Jessica Coria, Associate/Director of Air Quality and Climate Change Services Air Quality/GHG Emissions, Climate Change and Sustainability Lead $270 Cara Cunningham, Associate/Senior Environmental Planner Air Quality/GHG Emissions, Climate Change and Sustainability $215 John (J.T.) Stephens, Principal/Senior Noise and Vibration Specialist Noise and Vibration Lead $285 Jason Lui, Associate/Senior Noise Specialist Noise and Vibration $205 Dean Arizabal, Principal Transportation Planner Transportation/Traffic/VMT Lead $280 Meredith Canterbury, Senior Geographic Information Systems Analyst GIS Lead $205 Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 260 of 680 3 LSA Hourly Billing Rates by Classification1 Job Classification Hourly Rate Range1 Environmental Planning Transportation Air/Noise Cultural/ Paleontological Resources Biology GIS Principal Principal Principal Principal Principal Principal $190–$400 Associate Associate Associate Associate Associate Associate $150–$270 Senior Planner Senior Transportation Planner/Engineer Senior Air Quality/ Noise Specialist/ Noise Engineer Senior Archaeologist/ Architectural Historian/ Paleontologist Senior Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/Arborist Senior GIS Specialist $130–$255 Planner Transportation Planner/Engineer Air Quality/ Noise Specialist/ Noise Engineer/ Climate Change Specialist Archaeologist/ Architectural Historian/ Paleontologist Biologist/Botanist/ Wildlife Biologist/ Ecologist/Soil Scientist/ Herpetologist/Arborist GIS Specialist $100–$180 Assistant Planner Assistant Transportation Planner/Engineer Air Quality/ Noise Analyst Field Archaeologist/ Paleontologist Assistant Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/Arborist Assistant GIS Specialist $85–$140 Office Services Marketing $110–$200 Office Assistant $110–$165 Project Accountant $110–$145 Document Management/Technical Editing/Graphics $115–$175 1 The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications. LSA In‐House Direct Costs1 Description Unit Cost Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost Plotting $3.75 per sq ft GPS Unit $75.00 per day Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On-Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage Off-Road Current federal rate Wildlife Camera $25.00 per day 1 Direct costs shall be reimbursed at cost plus 10 percent. Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 261 of 680 4 Habitat West Rates Category 6: Environmental Planning/Studies Name/Title and Role Rate Gigi Hurst, President/CEO Habitat Specialist $135 Restoration Supervisor $90 Habitat Maintenance Manager $72 Foreman w/truck $62 Habitat Technician Level 1 – in field $52 Habitat Technician Level 2 – in field $59 Herbicide Applicator: all crew $62 Irrigation Specialist $65 Irrigation Technician $49 Administrative Staff $50 Equipment Operator: depends on type of equipment: TBD $70 Equipment/Materials Rates Rate Water Trailer 500 gallon $125.00/day Dump Trailer $75.00/day Landscape Dump Truck $90.00/day Kawasaki Mule-4x4 $75.00/day Water Fees Actual Cost Billed Through Contract Dump Fees Actual Cost Water Truck 2000 Gallons $440.00/day Roll-Off Dump Trailer $840.00 each Chipper $440.00/day Walk Behind 32-inch Deck Mower $175.00/day Weed Wackers $35.00/day Chain Saw $50.00/day Herbicide/Dye Use Actual Cost varies Escalation Rate As per City of Carlsbad Contract Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 262 of 680 5 Geosyntec Rates Category 6: Environmental Planning/Studies Name/Title and Role Rate Alex Greene, PG, CEG, Senior Principal Engineering Geologist Engineering Geology $315 Jared Warner, PG, CEG, CPG, Senior Engineering Geologist Engineering Geology $270 Cory Russell, PE, Senior Engineer Geotechnical Engineering $270 Staff Professional $165 Senior Staff Professional $190 Professional $215 Project Professional $240 Senior Professional $270 Principal $295 Senior Principal $315 Technician I $88 Technician II $96 Senior Technician I $107 Senior Technician II $115 Site Manager I $128 Site Manager II $140 Construction Manager I $152 Construction Manager II $164 Senior Designer $207 Designer $170 Senior Drafter/Senior CADD Operator $155 Drafter/CADD Operator/Artist $140 Project Administrator $75 Clerical $75 Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 263 of 680 6 Additional In-House Costs Rate Direct Expenses Cost plus 10% Subcontract Services Cost plus 10% Technology/Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $15 Personal Automobile (per mile) Current Gov’t Rate Photocopies (per page) $0.09 Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Index for Engineering Services. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. Construction management fee presented upon request. Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 264 of 680 7 RICK Engineering Rates Category 6: Environmental Planning/Studies Name/Title and Role Rate Teresa Wilkinson, Director of Environmental Planning Environmental Planning Support Services $270 Greg Mattson, AICP, Senior Planner Environmental Planning Support Services $204 Andrew Thies, CFM, Principal Water Resources Designer Water Resources $187 Principal Consultant (Special Projects) $331 Principal $320 Associate Principal $298 Associate/Manager $276 Expert Witness $496 Court Appearance per half day or part $1,985 Senior Project Manager/Engineering Manager $270 Principal Project Engineer/Manager $254 Associate Project Engineer/Manager $226 Assistant Project Engineer/Manager $209 Principal Engineering Designer $187 Associate Engineering Designer $165 Assistant Engineering Designer $149 Principal Engineering Drafter $143 Associate Engineering Drafter $132 Assistant Engineering Drafter $121 Senior Technical Manager $215 Senior Transportation/Traffic Engineer $265 Principal Transportation/Traffic Engineer $254 Associate Transportation/Traffic Engineer $226 Assistant Transportation/Traffic Engineer $209 Principal Transportation/Traffic Designer $187 Associate Transportation/Traffic Designer $165 Assistant Transportation/Traffic Designer $149 Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 265 of 680 8 Category 6: Environmental Planning/Studies Name/Title and Role Rate Principal Planner II $243 Principal Planner I $226 Senior Planner II $209 Senior Planner I $198 Associate Planner $176 Assistant Planner $154 Planning Technician $132 Principal Project Landscape Architect/Manager $226 Associate Project Landscape Architect/Manager $204 Assistant Project Landscape Architect/Manager $182 Principal Landscape/Urban Designer $154 Associate Landscape/Urban Designer $143 Assistant Landscape/Urban Designer $127 Director of Environmental Planning Services $270 Principal Environmental Project Manager $232 Associate Environmental Project Manager $215 Assistant Environmental Project Manager $198 Principal Environmental Planner/Analyst $182 Associate Environmental Planner/Analyst $160 Assistant Environmental Planner/Analyst $138 Environmental Technician $121 Principal Water Resources Engineer/Manager $259 Principal Water Resources Designer $187 Associate Water Resources Designer $165 Assistant Water Resources Designer $149 Principal Stormwater Project Manager $221 Associate Stormwater Project Manager $204 Assistant Stormwater Project Manager $182 Principal Stormwater Specialist $160 Associate Stormwater Specialist $149 Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 266 of 680 9 Category 6: Environmental Planning/Studies Name/Title and Role Rate Assistant Stormwater Specialist $132 GIS Manager $221 GIS Asset Manager $215 GIS Programmer $187 Principal GIS Project Manager $209 Associate GIS Project Manager $193 Assistant GIS Project Manager $176 Principal GIS Analyst $165 Associate GIS Analyst $154 Assistant GIS Analyst $138 Graphics Designer $160 CAD Manager $198 Field Supervisor $243 One-person Survey Party $198 One-person Survey Party with Robotics $254 Two-person Survey Party $309 Three-person Survey Party $419 3D Laser Scanning Crew (One Person) $232 3D Laser Scanning Crew (Two Person) $342 Principal 3D Laser Scanning Project Manager $221 Associate 3D Laser Scanning Project Manager $193 Assistant 3D Laser Scanning Project Manager $182 Principal 3D Laser Scanning Specialist $160 Associate 3D Laser Scanning Specialist $149 Assistant 3D Laser Scanning Specialist $138 Principal 3D Laser Scanning Technician $127 Associate 3D Laser Scanning Technician $116 Assistant 3D Laser Scanning Technician $105 Photogrammetry Supervisor $204 Principal Photogrammetrist $176 Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 267 of 680 10 Category 6: Environmental Planning/Studies Name/Title and Role Rate Associate Photogrammetrist $143 Assistant Photogrammetrist $132 Principal Survey Analyst $215 Associate Survey Analyst $176 Assistant Survey Analyst $143 Associate Project Administrator $110 Assistant Project Administrator $88 Administrative Assistant/Manager $94 Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 268 of 680 11 Rincon Band of Luiseño Indians Rates Category 6: Environmental Planning/Studies Name/Title and Role Rate Cheryl Madrigal, Program Manager/Tribal Historic Preservation Officer Native American Monitoring N/A – management time is included as overhead cost in site monitor’s hourly fee Shuuluk Linton, Tribal Historic Preservation Coordinator Native American Monitoring N/A – management time is included as overhead cost in site monitor’s hourly fee Jocelyne Reyes, Native American Site Monitor Native American Monitoring $78 Additional In-House Costs Rate Vehicle Mileage per current GSA Rate $0.67 per mile * *Native American monitoring hourly rate includes comprehensive general liability, property damage and bodily injury insurance in an amount of not less than $1 million dollars per occurrence, as well as worker’s compensation insurance of no less than $1 million dollars. The hourly rate of compensation paid to the Tribal Monitor shall be fixed for the initial 3-year contract term and then adjusted for inflation annually subject to the terms of the contract. The adjustment, if any, shall be calculated in accordance with the United States Department of Labor, Bureau of Labor Statistics, Revised Consumer Price Index adjusted once a year. Docusign Envelope ID: C2E8ADCB-CBBD-4890-B92D-8739BA4677A4 Nov. 12, 2024 Item #2 Page 269 of 680