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
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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.
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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.
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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.
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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
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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
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
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Reimbursable Expenses
Total
Subtotal Labor
Subtotal Reimbursable Expenses
Phase 01 Constraints Plan Subtotal
PSA27-4151TRAN
Exhibit "A"
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