Loading...
HomeMy WebLinkAboutLSA Associates Inc; 2026-08-20; PSA27-4151TRANPSA27-4151TRAN City Attorney Approved Version 4/16/2026 Page 1 AGREEMENT FOR 2026 COASTAL BLUFF EMERGENCY - ENVIRONMENTAL SUPPORT SERVICES PROJECT NO. 6607 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 City requires the professional services of a consultant that is experienced in environmental. Contractor has the necessary experience in providing these professional services, 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 Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM The term of this Agreement will be effective from the date first above written to August 1, 2027. The City Manager or designee may amend the Agreement to extend it for one (1) additional six (6) month periods or parts of a year. 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. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed six thousand nine hundred forty dollars ($6,940). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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 the Services specified in Exhibit “A”. 4. 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 Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E 20th August PSA27-4151TRAN City Attorney Approved Version 4/16/2026 Page 2 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. 5. STATUS OF CONTRACTOR Contractor will perform the Services 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 results to be accomplished. 6. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless 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 willful misconduct or negligent act or omission 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. Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E PSA27-4151TRAN City Attorney Approved Version 4/16/2026 Page 3 The parties expressly agree that any payment, attorneys 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. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to City. The full limits available to the named insured shall also be available and applicable to the as an additional insured. Contractor shall provide a waiver of subrogation endorsement in favor of the City, its officers, officials, employees, and volunteers for the Workers' Compensation insurance policy. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 8. 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. For City For Contractor Name Macey Winter Name Jaime Morales Title Assistant Engineer Title Associate/Senior Biologist Department Public Works Address 2292 Faraday Avenue #71 City of Carlsbad Carlsbad, CA 92008 Address 1635 Faraday Avenue Phone No. 760-814-7149 Carlsbad, CA 92008 Email Jaime.Morales@lsa.net Phone No. 442-888-7357 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. Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E PSA27-4151TRAN City Attorney Approved Version 4/16/2026 Page 4 9. 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 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. 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. 12. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 13. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, California Government Code Sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E PSA27-4151TRAN City Attorney Approved Version 4/16/2026 Page 5 14. JURISDICTIONS 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. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 15. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 16. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 17. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 18. 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. 19. 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. 20. 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. [signatures on following page] Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E PSA27-4151TRAN City Attorney Approved Version 4/16/2026 Page 6 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: 315964B3-40AA-8041-81AE-F0DA1E38C92E EXHIBIT "A" SCOPE OF SERVICES Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E LSA is a business name of LSA Associates, Inc. CARLSBAD CLOVIS EMERYVILLE IRVINE LOS ANGELES PALM SPRINGS RIVERSIDE ROSEVILLE SAN LUIS OBISPO 2292 Faraday Avenue, Suite 71, Carlsbad, California 92008 760.931.5471 www.lsa.net July 27, 2026 Macey Winter, PE Transporta on Department, Public Works Branch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Macey. Winter@carlsbadca.gov Subject: Proposal to Provide Environmental Consul ng Services for the for Carlsbad Boulevard Emergency Slope Repair Project Dear Ms. Winter: LSA is pleased to provide you with this proposal to provide environmental consul ng services in support of the Carlsbad Boulevard Emergency Slope Repair Project (project) in Carlsbad (city), San Diego County, California. Specifically, LSA proposes to prepare a constraints plan and biological memorandum, which will be included in an a er-the-fact coastal development permit applica on to the city Planning Department. The proposed scope of work is based on the following comments provided by the city Planning Department. Constraints Plan. The applica on does not include a constraints plan consistent with Part L of the P-2 checklist. Please provide a constraints plan iden fying sensi ve biological habitat, coastal bluff features, easement limits, and any other environmental constraints within and within 100 feet of the project site. The constraints plan shall iden fy all vegetaon communi es using the Modified Holland classifica on system consistent with the Carlsbad Habitat Management Plan. Biological Memorandum. The applica on includes a vegeta on map prepared by LSA (Figure 1, dated January 12, 2026) iden fying vegeta on communies within the study area prior to construc on, which provides a useful pre-construc on baseline. To support the required Local Coastal Program findings under the Mello II Segment, including Policies 3-1.9, 3-1.10 and 4-4, and to demonstrate consistency with the Carlsbad Habitat Management Plan's Coastal Zone-specific requirements, including the no-net-loss standard, the applica on record must include documenta on addressing the biological condi ons of the site, the extent of any impacts resul ng from construc on, and the status and details of site restora on. At a minimum, please provide a leer or memorandum from LSA or another qualified biologist that: (a) briefly describes the pre-construc on biological condions of the project site, referencing the LSA vegeta on map as appropriate; (b) iden fies the type and approximate extent of any na ve vegeta on or sensi ve habitat disturbed during construc on; (c) confirms that no mi ga on is required based on the nature and extent of disturbance; and (d) describes any restora on or revegeta on measures installed following PSA27-4151TRAN Exhibit "A" Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E 27/27/26 (h ps://lsaassoc-my.sharepoint.com/personal/jaime_morales_lsa_net/Documents/Desktop/Proposals/Cbad Blvd Emergency Slope Repair Proposal.docx) construc on, including plant species, quan es, and locaon, or confirms that no restora on was required given site condi ons. SCOPE OF WORK Task 1: Constraints Plan Exhibit LSA will prepare a constraints plan exhibit iden fying sensi ve biological habitat, coastal bluff features, easement limits, and any other environmental constraints within and within 100 feet of the project site. The constraints plan exhibit shall iden fy all vegeta on communies using the Modified Holland classifica on system consistent with the Carlsbad Habitat Management Plan. LSA will submit an electronic copy of the dra exhibit to the city for one round of review. Upon comple on of review, and upon receipt of one set of consolidated comments, LSA will incorporate appropriate comments and finalize the exhibit. Budget for this task allows for one round of revisions. Task 2: Biological Memorandum LSA will prepare a memorandum that briefly describes the pre-construc on biological condi ons of the project site, referencing the LSA vegeta on map as appropriate; iden fies the type and approximate extent of any na ve vegeta on or sensi ve habitat disturbed during construc on; confirms that no mi ga on is required based on the nature and extent of disturbance; and describes any restora on or revegeta on measures installed following construc on, including plant species, quan es, and loca on, or confirms that no restora on was required given site condi ons. LSA will submit an electronic copy of the dra memorandum to the city for one round of review. Upon comple on of review, and upon receipt of one set of consolidated comments, LSA will incorporate appropriate comments and finalize the memorandum. Budget for this task allows for one round of revisions. BUDGET Table A details LSA’s budget for this scope of work. Table A: Budget Tasks Budget Task 1: Constraints Plan Exhibit $3,411.25 Task 2: Biological Memorandum $3,528.75 TOTAL $6,940.00 LSA proposes to conduct the services described above on a me-and-materials basis. LSA will not exceed this amount without your prior authoriza on. If you are in agreement with the terms and condi ons of this proposal, please provide wri en authoriza on to proceed. PSA27-4151TRAN Exhibit "A" Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E 37/27/26 (h ps://lsaassoc-my.sharepoint.com/personal/jaime_morales_lsa_net/Documents/Desktop/Proposals/Cbad Blvd Emergency Slope Repair Proposal.docx) Sincerely, LSA Associates, Inc. Jaime Morales Associate/Senior Biologist Blake Selna Principal A achment: Billing Rates Hourly Breakdown PSA27-4151TRAN Exhibit "A" Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E 1 JANUARY 2026 SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES W:\Projects\Ac ve\0000 Contract Review Checklist & Related Documents\Contract Redlines. Language and Notes\LSA Standard Contract\2026 Update\StandardContractProvisions_Jan_2026.docx HOURLY BILLING RATES EFFECTIVE JANUARY 2026 Job Classification Hourly Rate Range1,2 Environmental Planning Transporta on 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 Transporta on 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 Scien st/ Herpetologist/ Arborist Senior GIS Specialist $110–$240 Planner Transporta on Planner/ Engineer Air Quality/ Climate Change Specialist Noise Specialist/Noise Engineer Archaeologist/ Architectural Historian/ Paleontologist Biologist/Botanist/ Wildlife Biologist/ Ecologist/Soil Scien st/ Herpetologist/ Arborist GIS Specialist $110–$190 Assistant Planner Assistant Transporta on Planner/ Engineer Air Quality/ Climate Change Analyst Noise Analyst Field Archaeologist/ Paleontologist Assistant Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scien st/ Herpetologist/ Arborist Assistant GIS Specialist $95–$150 Office Services Marke ng $0–$185 Office Assistant/Discipline Assistant $110–$150 Project Accountant $110 $140 Document Management/Technical Edi ng/Graphics $115 $160 1 The hourly rate for work involving actual me in court (e.g., giving deposi ons or similar expert tes mony) will be billed at $400 per hour regardless of job classifica ons. 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 discre on at that me. LSA IN-HOUSE REIMBURSABLE COSTS1 Descrip on UnitCost Descrip on UnitCost Reproduc on (8.5 x 11) B/W $0.07 per page Total Sta on Surveying Instrument $50.00 per day Reproduc on (8.5 x 11) Color $0.40 per page Level (Laser or Op cal)$25.00perday Reproduc on (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00perday Reproduc on (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Produc on $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Differen ally Corrected GPS $75.00 per day Plo ng $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. PSA27-4151TRAN Exhibit "A" Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E LSA City of Carlsbad Public Works Carlsbad: Cbad Blvd Emergency Slope Repair 7/27/2026 Escalation 5% % in Year 100% Year 1 $330 $255 $125 $330 $205 $165 $150 $150 100% Weighted Average $330 $255 $125 $330 $205 $165 $150 $150 Phase 01 Constraints Plan 1.1 contraints plan 1.00 6.25 12.00 19.25 $3,411.25 1.2 0.00 $0.00 1.3 0.00 $0.00 0.00 0.00 0.00 1.00 6.25 0.00 12.00 0.00 19.25 $3,411.25 Phase 02 Bio Memo 2.1 bio memo 1.00 9.75 6.00 2.00 18.75 $3,528.75 2.2 0.00 $0.00 2.3 0.00 $0.00 0.00 0.00 0.00 1.00 9.75 0.00 6.00 2.00 18.75 $3,528.75 0.00 0.00 0.00 2.00 16.00 0.00 18.00 2.00 38.00 $6,940.00 Lodging/Meals $0.00 Records Search $0.00 Reproduction $0.00 Aerial Drone $0.00 Mileage $0.00 GPS Units $0.00 Total Station Surveying Equipment $0.00 Laser Level $0.00 Laser Rangefinder $0.00 Sound Meter $0.00 Sound Meter w/Velocity Transducer $0.00 Aerial Photo $0.00 Boat Rental $0.00 Water Quality Meter $0.00 Postage/Delivery $0.00 Night Vision Goggles Boat Rental $0.00 Fossil Locality Search $0.00 Tolls $0.00 Wildlife Camera $0.00 $0.00 $0.00 $0.00 $0.00 $6,940.00 Total LSA FeesTo t a l L S A H o u r s Phase 02 Bio Memo Subtotal Wo r d P r o c e s s i n g / A d m i n En v i r o n m e n t a l P r i n c i p a l Pa m R e a d i n g As s o c i a t e E n v . P l a n n e r Ad r i a n n e B e a z l e y En v i r o n m e n t a l P l a n n e r Ja e l y n L a w Bio P r i n i c p a l B l a k e S e l n a PM / A s s o c i a t e B i o l o g i s t J a m i e Mo r a l e s Bio l o g i s t J u l i a L u n g GI S / G r a p h i c s Reimbursable Expenses Total Subtotal Labor Subtotal Reimbursable Expenses Phase 01 Constraints Plan Subtotal PSA27-4151TRAN Exhibit "A" Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E Docusign Envelope ID: 315964B3-40AA-8041-81AE-F0DA1E38C92E