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HomeMy WebLinkAboutLSA Associates Inc; 2026-06-18; PSA26-4096TRANPSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 1 AGREEMENT FOR TAMARACK CHANNEL ENVIRONMENTAL CONSULTING SERVICES LSA ASSOCIATES, INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2026, by and between the City of Carlsbad, California, a municipal corporation (“City”) and LSA Associates, Inc., a California corporation (“Contractor”). RECITALS A. City requires the professional services of a consultant that is experienced in environmental consulting services. B. Contractor has the necessary experience in providing professional services and advice related to environmental consulting services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (“Services”) that are defined in attached Exhibit “A”, which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 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 from the date first above written to November 10, 2026. The City Manager or designee may amend the Agreement to extend it for one (1) additional six (6) months period. 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. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-three thousand eight hundred dollars ($43,800). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 June 18th PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 2 If City elects to extend the Agreement, the amount shall not exceed forty-three thousand eight hundred dollars ($43,800) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit “A”. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A”. 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’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 dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. 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 City Engineer approves otherwise, 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. Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that 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, requests for information, 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 Contractor of any other requirements as may be specified in this Agreement. 7. 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 the 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 this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 3 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 City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. 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. 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. 9. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by 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 attorney’s fees arising out of the performance of the work described in this Agreement caused by any negligence, recklessness, or willful misconduct of 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 California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, 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 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 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 City’s self-administered workers’ compensation program 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. Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 4 11. 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. 11.1 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 City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and 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. 11.1.2 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. 11.1.3 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. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 5 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, 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 City. 11.2.4 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. 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. 14. 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. Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 6 15. 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. 16. 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 Michael O’Brien Name Adrianne Beazley Title PW Superintendent Title Admin Department PW-Tran Address 2292 Faraday Av Suite 71 City of Carlsbad Carlsbad, CA, 9208 Address 405 Oak Ave. Phone No. 760-271-0503 Carlsbad, CA, 92008 Email Adrianne.Beazely@lsa.net Phone No. 760-421-9158 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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 7 18. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall continue in full force and effect. 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. 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, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 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. Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 8 23. TERMINATION In the event of 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 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 ten (10) 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, 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 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 9 for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. 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 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. 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. [signatures on following page] Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 10 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California LSA ASSOCIATES, INC., a California corporation By: By: (sign here) PAZ GOMEZ, Deputy City Manager, Public Works, as authorized by the City Manager Amy Fischer, Chief Executive Officer (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: _____________________________ Assistant City Attorney Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 PSA26-4096TRAN City Attorney Approved Version 4/16/2026 Page 11 EXHIBIT A SCOPE OF SERVICES AND FEE LSA will provide environmental consulting services in support of the proposed Tamarack Channel Maintenance Project (project) in Carlsbad (city), San Diego County, California. Specifically, LSA proposes to perform biological resources studies, resource agency coordination and permit application on/notification preparation, and environmental documentation in support of the project. Tasks Budget Task 1: Biological Resources Assessment $9,600 Task 2: Jurisdictional Delineation $9,200 Task 3: Categorical Exemption Memorandum and Notice of Exemption $5,400 Task 4: Resource Agency Permitting $17,100 Task 5: Project Management $2,500 TOTAL $43,800 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 CARLSBAD CLOVIS EMERYVILLE IRVINE LOS ANGELES PALM SPRINGS RIVERSIDE ROSEVILLE SAN LUIS OBISPO April 3, 2026 Dmitry Johnson City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dmitry.Johnson@carlsbadca.gov Subject: Proposal to Provide Environmental Consulting Services for the Tamarack Channel Maintenance Project (LSA Proposal No. 20262830.P) Dear Mr. Johnson: LSA is pleased to provide you with this proposal to provide environmental consulting services in support of the proposed Tamarack Channel Maintenance Project (project) in Carlsbad (city), San Diego County, California. Specifically, LSA proposes to perform biological resources studies, resource agency coordination and permit application on/notification preparation, and environmental documentation in support of the project. LSA’s understanding of the proposed project is based on information obtained during a site visit on March 18, 2026, information provided by city staff during a virtual meeting on March 26, 2026, and LSA’s overall knowledge of the city and its facilities, projects, and resources. With that and LSA’s experience working on projects with similar scopes, the following scope of work is proposed for the project. SCOPE OF WORK Task 1: Biological Resources Assessment Biological Resources Survey and Mapping Prior to conducting the field survey, LSA will review the California Department of Fish and Wildlife (CDFW) California Natural Diversity Data Base (CNDDB), California Native Plant Society database of rare plants, and other appropriate sources to identify special-status species or other resources with the potential to occur within or in the vicinity of the project study area, which includes the section of concrete-lined channel north of Tamarack Avenue between La Portalada Drive and Pontiac Drive and a 100-foot survey buffer. LSA will conduct a pedestrian survey of the entire project study area and map vegetation communities. LSA will use a field map containing the high-resolution aerial photograph base overlaid with the study area boundaries to mark the limits of vegetation communities and other biological resources, which will then be digitized using geographic information systems (GIS) so ware. LSA will assess the potential for special-status species to occur on site. Budget for this task includes travel me and a reimbursable mileage expense. PSA26-4096TRAN Exhibit "A" Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 4/3/26 (Z:\01-Proposals\01-Proposals by Year\2026\Natural Resources\20262830.P - Tamarack Ave Channel Maintenance\Tamarack Channel Maintenance Proposal 20262830.P.docx) 2 2292 Faraday Avenue, Suite 71, Carlsbad, California 92008 760.931.5471 www.lsa.net LSA is a business name of LSA Associates, Inc. Biological Resources Technical Report LSA will prepare a biological resources technical report in accordance with the city’s Habitat Management Plan and Guidelines for Biological Studies. The report will address the biological resources present within the project study area, relative sensitivity of any resources, and potential mitigation requirements for impacts to resources. LSA will summarize the results of the database search along with other information obtained during the field survey in a table addressing the likelihood for any listed special-status species to occur within the study area. Recommendations for further surveys or mitigation to avoid impacts to special-status species will be included in the report. Budget for this task allows for analysis of impacts to biological resources for one conceptual design footprint. LSA will submit the draft biological resources report to the city in electronic format for review. Upon completion of review and upon receipt of one set of consolidated comments, LSA will incorporate appropriate comments and finalize the report. Budget for this task allows for one round of revisions. Deliverables: Draft and Final Biological Resources Technical Reports in Microsoft Word and Portable Document Format (PDF) Task 2: Jurisdictional Delineation Jurisdictional Delineation Fieldwork Concurrent with the biological resources survey, LSA will also delineate the limits of waters and other aquatic resources potentially subject to the jurisdiction of the Regional Water Quality Control Board (RWQCB) (pursuant to the Porter-Cologne Water Quality Control Act) and streamed and associated riparian habitat subject to the jurisdiction of the CDFW (pursuant to Sec on 1602 of the California Fish and Game Code). Because the United States Army Corps of Engineers (USACE) does not currently regulate ephemeral drainages, LSA does not anticipate there to be waters of the United States within the project study area. The project is outside of the Coastal Zone and therefore is not subject to California Coastal Commission jurisdiction. Jurisdictional Delineation Report The results of the jurisdictional delineation will be summarized in a report suitable for submittal to the RWQCB and CDFW for purposes of regulatory permitting. Accordingly, the report will identify and quantify jurisdictional areas, including a breakdown of waters of the State as well as streambeds and any associated riparian habitat subject to jurisdiction of the CDFW within the study area. LSA will submit an electronic copy of the draft report to the city for one round of review. Upon completion of review, and upon receipt of one set of consolidated comments, LSA will incorporate appropriate comments and finalize the report. Budget for this task allows for one round of revisions. Deliverables: Draft and Final Jurisdictional Delineation Reports in Microsoft Word and PDF Task 3: Categorical Exemption Memorandum and Notice of Exemption Draft Categorical Exemption Memorandum Based on LSA’s understanding of the project and familiarity with the surrounding area, the project would qualify for a California Environmental Quality Act (CEQA) Categorical Exemption (CE) pursuant to Article 19 of the State CEQA Guidelines, Sec on 15301 (Class 1, Exis ng Facilities). PSA26-4096TRAN Exhibit "A" Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 4/3/26 (Z:\01-Proposals\01-Proposals by Year\2026\Natural Resources\20262830.P - Tamarack Ave Channel Maintenance\Tamarack Channel Maintenance Proposal 20262830.P.docx) 3 LSA will document the determination for the exempt status in a Notice of Exemption (NOE) accompanied by a supporting CE memorandum. The CE memorandum will address each of the CEQA topics at a level of detail appropriate for the project to substantiate that the project qualifies for a CE from CEQA and that none of the exceptions identified in State CEQA Guidelines Sec on 15300.2 or in the city’s Municipal Code apply. It is anticipated that standard conditions of approval, compliance with applicable regulatory and permitting requirements, and best management practices (BMPs) may be identified in the analysis to demonstrate that no significant impacts to the environment would occur. The most up-to-date project plans will be an ached to the memorandum, along with any supporting figures produced by LSA. LSA will organize the information and prepare a Draft NOE and CE memorandum for Planning Division and Public Works staff review. Deliverables: Draft NOE and CE Memorandum in Microsoft Word and PDF Final Categorical Exemption Memorandum and Notice of Exemption Based on receipt of one set of consolidated and noncontradictory comments from the city, LSA will prepare a Final NOE and CE memorandum. The Planning Division will need to maintain the CE memorandum on file during the 35-day statute of limitations for appeal pursuant to State CEQA Guidelines Sec on 15112(c)(2). In addition, LSA will prepare an NOE for the Planning Division to file with the San Diego County Clerk in accordance with Sec on 15062 of the State CEQA Guidelines and upload it to the CEQA portal. The 35-day statute of limitations to appeal the project begins on the first day that the County Clerk posts the NOE to the list of notices on its website.1 LSA assumes that the city will provide any data prepared for the project and that it would be adequate for CEQA compliance. LSA will submit a Final CE and NOE in Microsoft Word and PDF format to the Planning Division to file with the San Diego County Clerk within 2 weeks of receipt of final comments on the draft. Deliverables: Final NOE and CE Memorandum in Microsoft Word and PDF Task 4: Resource Agency Permitting Resource Agency Coordination LSA will schedule and attend a virtual meeting with representatives from the resource agencies (RWQCB and CDFW) and the project team to introduce resource agency staff to the proposed project and to discuss impacts, applicable permitting strategies, and mitigation requirements. Budget for this task includes me for miscellaneous phone and email coordination, as well as meeting participation. 1 The statute of limitations period is not a public review period or waiting period for the person whose project has been approved. The project sponsor may proceed to carry out the project as soon as the necessary permits have been granted. The statute of limitations cuts off the right of another person to file a court action challenging approval of the project after the specified me period has expired. If a Notice of Exemption is not filed, a 180-day statue of limitations will apply. PSA26-4096TRAN Exhibit "A" Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 4/3/26 (Z:\01-Proposals\01-Proposals by Year\2026\Natural Resources\20262830.P - Tamarack Ave Channel Maintenance\Tamarack Channel Maintenance Proposal 20262830.P.docx) 4 Regional Water Quality Control Board Through provisions of the Porter-Cologne Water Quality Control Act, the RWQCB has jurisdiction over waters of the State. Project activities affecting waters of the State will require a permit from this agency. This effort involves preparing an application package, including a detailed application form and fee calculation, for submittal to the RWQCB. The form addresses water quality and wetland issues, BMPs, flow volumes and velocities, and potential impacts to beneficial water uses. The RWQCB requires an application filing fee for fill or dredge operations based on the amount of filling or dredging anticipated to occur within waters of the State. The RWQCB may also require annual fees for on-going work or mitigation activities. LSA has budgeted for this task with the understanding that the city will pay any and all fees associated with regulatory agency permitting. Budget for this task includes as needed coordination with city and RWQCB staff throughout the permitting process, including discussions related to appropriate mitigation for impacts. LSA will work diligently with and be actively responsive to the RWQCB; however, extended duration of agency review or communication may require additional budget. Deliverable: RWQCB Permit Application Package in PDF format. California Department of Fish and Wildlife Lake or Streambed Alteration Agreement Application Through provisions of the California Fish and Game Code (Sec on 1600 et seq.), the CDFW has jurisdiction to enter into agreements for any alteration of a river, stream, or lake where fish or wildlife resources may be adversely affected. LSA will prepare and submit a Notification of Streambed Altera on to the CDFW via the agency’s Environmental Permit Information Management System (EPIMS). The notification describes the project in detail and addresses project impacts to waterbodies, habitat, and wildlife, including special-status species. CDFW requires a filing fee and a project fee for each aspect of work that can reasonably be called a separate impact to resources in different areas of an overall project. LSA proposes to present this as one project. LSA has budgeted for this task with the understanding that the city will pay any and all fees associated with regulatory agency permitting. Budget for this task includes as needed coordination with city and CDFW staff throughout the permitting process, including discussions related to appropriate mitigation for impacts. LSA will work diligently with and be actively responsive to the CDFW; however, extended duration of agency review or communication may require additional budget. Deliverable: Notification to the CDFW via EPIMS Task 5: Project Management Budget for this task includes up to 12 hours for an associate biologist/project manager to provide as- needed support related, but not limited, to project progress, contracting/invoicing, and meetings for the duration of LSA’s scope of work. Support would be provided via email, phone, or virtual/site meeting. Table A: Schedule Task Schedule PSA26-4096TRAN Exhibit "A" Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 4/3/26 (Z:\01-Proposals\01-Proposals by Year\2026\Natural Resources\20262830.P - Tamarack Ave Channel Maintenance\Tamarack Channel Maintenance Proposal 20262830.P.docx) 5 Task 1: Biological Resources Assessment To begin within 2 weeks of receipt of a Purchase Order. Dra report will be submitted within 4 weeks of the survey, pending receipt of project description and limits from the city. Final report will be submitted within 2 weeks of receipt of comments on draft. Task 2: Jurisdictional Delineation To begin within 2 weeks of receipt of a Purchase Order. Dra report will be submitted within 4 weeks of the survey, pending receipt of project description and limits from the city. Final report will be submitted within 2 weeks of receipt of comments on draft. Task 3: Categorical Exemption Memorandum and Notice of Exemption Draft NOE and CE Memorandum within 2 weeks of completion of draft biological resources report. Final NOE and CE Memorandum within 2 weeks of receipt of comments on draft. Task 4: Resource Agency Permi ng LSA will schedule a meeting with the agencies after finalization of the biological and jurisdictional delineation reports. Notification preparation will commence immediately after the meeting. The permitting process can last several months. Task 5: Project Management Throughout the duration of LSA’s scope of work. BUDGET Table B details LSA’s budget for this scope of work. Table B: Budget Tasks Budget Task 1: Biological Resources Assessment $9,600 Task 2: Jurisdictional Delineation $9,200 Task 3: Categorical Exemption Memorandum and Notice of Exemption $5,400 Task 4: Resource Agency Permitting $17,100 Task 5: Project Management $2,500 TOTAL $43,800 LSA proposes to conduct the services described above on a me-and-materials basis. LSA will not exceed this amount without your prior authorization. If you are in agreement with the terms and conditions of this proposal, please provide written authorization to proceed. Sincerely, Attachment: Billing Rates LSA Associates, Inc. Jaime Morales Associate/Senior Biologist Blake Selna Principal PSA26-4096TRAN Exhibit "A" Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 HOURLY BILLING RATES EFFECTIVE JANUARY 2026 Job Classification Hourly Rate Range1,2 Environmental Planning Transportation Air Quality/ Climate Change Noise Cultural/ Paleontological Resources Natural Resources GIS Principal Principal Principal Principal Principal Principal Principal $250–$350 Associate Associate Associate Associate Associate Associate Associate $170–$270 Senior Planner Senior Transportation Planner/ Engineer Senior Air Quality/ Climate Change Specialist Senior Noise Specialist/Senior Noise Engineer Senior Archaeologist/ Architectural Historian/ Paleontologist Senior Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Senior GIS Specialist $110–$240 Planner Transportation Planner/ Engineer Air Quality/ Climate Change Specialist Noise Specialist/Noise Engineer Archaeologist/ Architectural Historian/ Paleontologist Biologist/Botanist/ Wildlife Biologist/ Ecologist/Soil Scientist/ Herpetologist/ Arborist GIS Specialist $110–$190 Assistant Planner Assistant Transportation Planner/ Engineer Air Quality/ Climate Change Analyst Noise Analyst Field Archaeologist/ Paleontologist Assistant Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Assistant GIS Specialist $95–$150 Office Services Marketing $0–$185 Office Assistant/Discipline Assistant $110–$150 Project Accountant $110–$140 Document Management/Technical Editing/Graphics $115–$160 1 The hourly rate for work involving actual me in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications. 2 Hourly rates are subject to review at least annually, on or about December 1 of each year, and may be adjusted to reflect changing labor costs at LSA’s discretion at that me. LSA IN-HOUSE REIMBURSABLE 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 J ANUARY 2026 S CHEDULE OF S TANDARD C ONTRACT P ROVISIONS AND B ILLING R ATES PSA26-4096TRAN Exhibit "A" Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Differentially Corrected GPS $75.00 per day Plotting $3.75 per sq ft Water Quality Meter $25.00 per day Aerial Drone $200.00 per day Night Vision Goggles $50.00 per unit per night Mileage On-Road Current federal rate Wildlife Camera $25.00 per day Mileage Off-Road Current federal rate GPS Booster $25.00 per day Tree Tag $1.00 Bat Monitoring Survey Kit $75.00 per day Small Mammal Trap $1.00 per trap per day 1 Other direct costs shall be reimbursed at cost plus 10 percent. W:\Projects\Ac ve\0000 Contract Review Checklist & Related Documents\Contract Redlines. Language and Notes\LSA Standard Contract\2026 1 Update\StandardContractProvisions_Jan_2026.docx PSA26-4096TRAN Exhibit "A" Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2 Docusign Envelope ID: A6A2F1A7-C5DC-8100-8285-82F5295C54A2