HomeMy WebLinkAboutLSA Associates Inc; 2026-06-18; PSA26-4096TRANPSA26-4096TRAN
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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]
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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
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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
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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.
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Exhibit "A"
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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
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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
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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.
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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