HomeMy WebLinkAboutLSA Associates Inc; 2016-08-08; TRAN1448TRAN1448
AMENDMENT N0.1 TO AGREEMENT FOR CALAVERA DAM MITIGATION SITE
LONG-TERM MONITORING SERVICES
LSA ASSOCIATES, INC.
;;;;{his A~o.1 is entered into and effective as of the c2 / P day of
Q 0 'V rYI , 2016, amending the agreement dated August 8, 2016,
(the "Agreement") by and between the Carlsbad Municipal Water District, a Public Agency
organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad,
("CMWD"), and LSA Associates, Inc., a California corporation, ("Contractor") (collectively, the
"Parties") for biological monitoring services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to provide additional
biological monitoring in conformance with project permits; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total Agreement amount shall not exceed seventy three thousand six
hundred twenty dollars ($73,620).
2. CMWD will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials .basis not-to-exceed five thousand two hundred dollars
($5,200). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently
detailed to include hours performed, hourly rates, and related activities and costs for approval by
CMWD.
3. Contractor will complete all work described in Exhibit "A" by December 31, 2016.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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6. The individuals executing this Amendment 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 Amendment.
CONTRACTOR
LSA ASSOCIATES, INC.,
A California contractor
By:
(print name/title)
(s1 n here)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary Dist ict of the City of
Carlsbad
By:
ATIEST:
CL~Vl NA£1Ji_~ 0=-
BARBARA ENGLESON
e.~s&\U\l\ LA. £vAnS, 'J r ofuovmat\\ Secretary
(print name/title) LtV\AJffM£Vrt
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
. attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group 8
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
By:--F-~::=:..=....!=::..=::::~..-o~~~I..L---
Deputy General Counsel
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EXHIBIT "A"
SCOPE OF SERVICES
Provide biological monitoring to ensure impacts to non-native vegetation are minimized at
Calavera Dam Routine Maintenance Project Revegetation Site for a fee not to exceed $5,200.
Hourly Billing Rates:
Senior Biologist $90-$175
Assistant Biologist $65-$100
Direct Expenses:
LSA Vehicle Mileage $0.54 per mile
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Task Description/Term
Task 1: Site Preparation and
Nonative Vegetation
Removal Monitoring
Task 2: Plant and Seedd
Installation Monitoring
Task 3: 102-Day Plant
Establishment Period
Task 4:CDFW Mitigation
Installation Report
Task 5: 5-Year Maintenance
Qualitative Monitoring
Task 6: 5-Year Maintenance
Quantitative Monitoring
Task 7: 5-Year Maintenance
aeriod Annual Report
Task 8: Project
Management/coordination/
Meetings
Amendment 1
TOTAL
Calavera Dam Mitigation Monitoring and Reporting
LSA Associates, Inc.
Initial Services: Long Term Monitoring and Reporting
Project 120-0ay Plant
Implementation Establishment Period Year 1: April Year 2: April Year3: April
June through Oecember 2016 through 2017 -March 2018-March 2019-March
November 2016 March 2017 2018 2019 2020
$ 3,550
$ 3,550
$ 2,795
$ 3,185
$ 3,966 $ 3,466 $ 3,466
$ 2,501 $ 2,001 $ 2,001
$ 3,485 $ 2,985 $ 2,885
$ 3,000 $ 1,000 $ 1,500 $ 1,000 $ 1,000
$ 5,200
5 10,100 15 12,180 5 11.452 5 9,452 15 9,352
11/8/16 -revised to incorporate changes per Amendment #1
Attachment "A"
Year4: April Year 5: April Agency Sign-off:
2020-March 20121 -March April2022-
2021 2022 September 2022 TOTAL
$ 3,550
$ 3,550
$ 2,795
$ 3,185
$ 3,466 $ 3,466 $ 17,830
$ 2,001 $ 2,001 $ 10,505
$ 2,885 $ 3,185 $ 15,425
$ 1,000 $ 1,000 $ 2,080 $ 11,580
$ 5,200
5 9,352 15 9,652 5 2,080 i 5 73,620
AGREEMENT FOR CALAVERA DAM MITIGATION SITE
LONG-TERM MONITORING SERVICES
LSA ASSOCIATES, INC.
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THIS AGREEMENT is made and entered into as of the ~ .zZ day of
---b--""""""6-"'1,............,_.__ __ , 2016, by and between the CARLSBAD MUNICIPAL WATER DISTRICT,
a Publ"c ~gency organized under the Municipal Water Act of 1911, and a Subsidiary District of
the C of Carlsbad, ("CMWD"), and LSA ASSOCIATES, INC., a California corporation,
("Contractor").
RECITALS
A. CMWD requires the professional services of a contractor that is experienced in
providing environmental services related to biological monitoring, reporting and annual report
preparation in compliance with Resource Agency permits.
B. Contractor has the necessary experience in providing professional services and
advice related to the monitoring and reporting for the removal of the Calavera Palm Grove and
monitoring for the habitat restoration planting and the required long-term monitoring of the
maintenance and establishment of the native plant restoration.
C. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
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 through September
30, 2022. The Executive Manager may amend the Agreement to extend it for one (1) additional
one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of
Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of
Directors. 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 through March 31, 2018 shall not exceed
twenty eight thousand five hundred thirty two dollars ($28,532). The total feel payable for each
Agreement year thereafter shall be as reflected in the Table which is attached hereto as
Attachment "A". Progress payments will be made in accordance with the project budget listed in
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Attachment "A". No other compensation for the Services will be allowed except for items covered
by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the
amount shall not exceed fifteen thousand dollars ($15,000) per Agreement year.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. 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 CMWD. Contractor will
be under control of CMWD only as to the result to be accomplished, but will consult with CMWD
as necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. CMWD will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD
and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security,
overtime payment, unemployment payment or workers' compensation payment which CMWD
may be required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the
indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
CMWD 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 CMWD. 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 CMWD.
8. OTHERCONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers,
officials, employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein caused by
any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the
City of Carlsbad incurs or makes to or on behalf of an injured employee under the their self-
administered workers' compensation is included as a loss, expense or cost for the purposes of
this section, and that this section will survive the expiration or early termination of this Agreement.
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10. 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.
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless the
Risk Manager or Executive 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. CMWD, 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 CMWD as an additional insured.
1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occurrence limit.
1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's
work for CMWD). $1 ,000,000 combined single-limit per accident for bodily injury and property
damage.
1 0.1.3 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 CMWD's satisfaction, a declaration stating this.
1 0.1.4 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.
1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
1 0.2.1 CMWD will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to CMWD.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
1 0.2.3 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 CMWD sent
by certified mail pursuant to the Notice provisions of this Agreement.
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10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of
this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then CMWD 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 CMWD
to obtain or maintain insurance and CMWD may collect these payments from Contractor or
deduct the amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and endorsements.
11. 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.
12. 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 CMWD
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 three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of CMWD. 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 CMWD. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and
Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of CMWD and on behalf of Contractor under this Agreement.
ForCMWD
Name Sherri Howard
Title Associate Engineer
Carlsbad Municipal Water District
Address 1635 Faraday Avenue
Carlsbad, Ca 92008
Phone 760-602-2756
4
For Contractor
Name
Title
Jaime Morales
Senior Biologist
Address 703 Palomar Airport Road Suite 260
Carlsbad, CA 92011
Phone
E-mail
760-931-54 71
Jaime.Morales@lsa.net
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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.
16. 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. The Contractor shall report
investments or interests in all four categories.
17. 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 that the services required
by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. 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 CMWD 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 ( 1 0) business days. If the resolution thus obtained
is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the
Executive Manager. The Executive 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 Executive 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.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If CMWD decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, CMWD 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 CMWD and all work in progress to CMWD address contained in this
Agreement. CMWD will make a determination of fact based upon the work product delivered to
CMWD and of the percentage of work that Contractor has performed which is usable and of worth
to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the
final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of CMWD, Contractor will assemble the work product
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and put it in order for proper filing and closing and deliver it to CMWD. 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. CMWD will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. 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, CMWD 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.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD 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 CMWD, 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 CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for CMWD to terminate this Agreement.
23. JURISDICTION AND VENUE
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.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD 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 CMWD, which shall not be unreasonably withheld.
25. 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.
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26. 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.
CONTRACTOR
LSA ASSOCIATES, INC,
a California corporation
By:
Les Card I Chairman
(print name/title)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under
the Municipal Water A of 1911, and a
Subs~di~~~trict o ity of Carlsbad
By:;r~
Patriek A. Tl1or 11as I Pt:tbHe Works E>ir ector
'-'., c.v ; ..... c..~o...~~-..-.\
€: " e..c. '"""~; v ...... "t-> ; ... c.'-\-Pv
(si~n here) ,
'Robe/-4-.Jitz ~fl.~trErO> R~~ lol~
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
By: ~a~~"-=~
Assistant General Counsel .&~
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CERTIFICATE OF THE SECRETARY OF
LSA ASSOCIATES, INC., A CALIFORNIA CORPORATION
'
I, the undersigned, hereby certify:
1. That I am the duly appointed Secretary ofLSA Associates, Inc., a California
corporation;
2. That the Board of Directors of the corporation, acting by unanimous written
consent pursuant to the Bylaws of the corporation, has duly adopted the following resolution:
"RESOLVED, Les Card, Tim Lacy, Rob McCann, and Mike Trotta or any one of
them acting alone, are authorized to sign on behalf of the corporation contracts for the
performance of professional services provided by this corporation. Rosalena Evans is
authorized to sign when the contract requires two officers. The signature of any one
of said officers upon any such contracts shall be binding upon this corporation;
provided, however, that any contract involving professional services valued at more
than $250,000 shall also be signed by the Chief Executive Officer (Les Card) or the
President (Rob McCann) or the Executive Vice President (Mike Trotta) in addition to
one other authorized signer. No other persons are authorized to sign contracts for the
performance of professional services."
3. That the foregoing resolution has not been modified or rescinded, and is in full
force and effect.
Dated as ofMay 19, 2016
Tim Lacy -"'2)
617/16 (C:\Users\ Tim\AppData\Local\Microsoft\ Windows\ Temporary Internet Files\Content.Outlook\003DG73T\CERTIFICA TE OF
THE SECRETARY OF LSA MAY 2016-C2.doc)
L SA LSA ASSOCIATES, INC.
703 PALOMAR AIRPORT ROAD
SUITE 260
CARLSBAD, CALIFORNIA 92011
June 23, 2016
Sherri Howard
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008-73145
7ti0.931.5471 TEL
760.918.2458 FAX
BERKELEY
FRESNO
IRVINE
PALM SPRINGS
PT. RICHMOND
RIVERSIDE
ROCKLIN
SAN LUIS OBISPO
Exhibit "A"
Subject: Calavera Dam Mitigation Monitoring and Reporting Proposal (LSA Proposal No.
ZZZ213Jl)
Dear Ms. Howard:
LSA Associates, Inc. (LSA) is pleased to submit this proposal to continue providing environmental
consulting services in support of the subject project. Specifically, LSA proposes to monitor the
establishment and progress of the off-site revegetation areas during the 120-day Plant Establishment
Period (PEP) and 5-year maintenance period, as required by the project's California Department of
Fish and Wildlife (CDFW) Streambed Alteration Agreement (No. 1600-2013-0241-R5) and the
CDFW -approved Calavera Dam Routine Maintenance Project Revegetation Plan (Revegetation
Plan) prepared by LSA in December 2015. LSA understands that vegetation-clearing activities will be
conducted beginning mid-September and last through November, which is outside of the bird
breeding season and bat reproductive season; therefore, preclearing surveys for nesting birds and
special-status bats will not be required.
SCOPE OF SERVICES
Task 1: Site Preparation and Nonnative Vegetation Removal Monitoring
LSA will conduct periodic monitoring of site preparation and palm tree/nonnative plant species
removal activities. After each monitoring visit, LSA will provide the City of Carlsbad (City) and
landscape contractor with a memorandum describing the activities that were observed during the visit.
LSA has budgeted for up to five monitoring visits, including travel time and preparation of a
memorandum for each visit.
Task 2: Plant and Seed Installation Monitoring
LSA will conduct periodic monitoring of container plant installation and seed mix application. After
each monitoring visit, LSA will provide the City and landscape contractor with a memorandum
describing the activities that were observed during the visit. LSA has budgeted for up to five
monitoring visits, including travel time and preparation of a memorandum for each visit.
Task 3: 120-Day Plant Establishment Period Monitoring
In accordance with the Revegetation Plan, LSA will conduct monitoring of the revegetation areas at
least once every two weeks during months 1 and 2, and then monthly during months 3 and 4. At a
minimum, LSA shall monitor the following:
(6/23/2016) P:\HCR1601-Calavera Dam Mitigation Mon and Rep\ZZZ213Jl-LSA Proposal Calavera Dam Mitigation Monitoring and Reporting
Project_Revised.docx
PLANNING ENVIRONMENTAL SCIENCES DESIGN
LSA ASSOCIATES, INC.
• Success of exotic weed eradication;
• Plant survival and vegetative cover;
• Seed germination; and
• Presence and density of weeds.
After each monitoring visit, LSA will provide the City and landscape contractor with a memorandum
describing the conditions that were observed during the visit. LSA has budgeted for six monitoring
visits, including travel time and preparation of a memorandum for each visit.
Task 4: CDFW Mitigation Installation Report
LSA will prepare a report acknowledging the completion of the revegetation effort and documenting
the as-built status of the revegetation areas. LSA will provide the report to the City in draft form for
review and approval within 30 days of the conclusion of the 120-day PEP. Upon receipt of one set of
consolidated comments, LSA will finalize the report and provide it to the City and the CDFW. LSA
will also provide the CDFW with geographic information system (GIS) shapefiles and appropriate
metadata of the mitigation site. The report and GIS information are to be submitted to the CDFW
within 45 days after finalizing the revegetation effort (conclusion of the 120-day PEP).
Task 5: 5-Year Maintenance Period Qualitative Monitoring
As with Task 3, LSA will continue to qualitatively assess the progress of the revegetation areas, per
the Revegetation Plan. LSA will visit the site monthly during Years 1 and 2, and then quarterly
during Years 3 through 5. After each monitoring visit, LSA will provide the City and landscape
contractor with a memorandum describing the conditions that were observed during the visit. LSA
has budgeted for 36 monitoring visits, including travel time and preparation of a memorandum for
each visit.
Task 6: 5-Year Maintenance Period Quantitative Monitoring
LSA will conduct a quantitative assessment annually during late spring or early summer. Each
quantitative assessment will include a visual assessment and quantitative (transect data collection)
sampling within the revegetation areas. This sampling will include assessments of cover (native,
nonnative, and bare ground), as well as measurements of the tree and shrub heights and container
plant mortality. LSA will record the names of all plant and animal species observed during each
quantitative assessment, and will document any issues that require attention for the site to meet the
performance criteria stipulated in the Revegetation Plan. LSA will take photographs from established
photopoints. LSA has budgeted for five quantitative assessments, including travel time.
Task 7: 5-Year Maintenance Period Annual Reports
The results of each quantitative assessment will be summarized in an annual report, which will
include the results of the quantitative assessment and a description of the maintenance and monitoring
activities performed during the year. Each report will also include names, qualifications, and
affiliations of the persons contributing to the report; wildlife species observed at the site during
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Project_Revised.docx 2
LSA ASSOCIATES, INC.
monitoring visits, including special-status species and/or listed species; and photographs. Each report
will be provided in draft form to the City for review and approval. Upon receipt of one set of
consolidated comments, LSA will finalize the report and provide it to the City, landscape contractor,
and CDFW. LSA has budgeted for the preparation of five annual reports.
Task 8: Project Management/Coordination/Meetings
LSA will attend monthly meetings with City staff and a representative from a public relations firm
from the initiation ofthe project through the 2016 calendar year. This budget includes time for as-
necessary coordination with City staff and the public relations representative, as well as time for the
resource agency sign-off process at the conclusion of the 5-year maintenance and monitoring period,
contingent upon the site meeting the performance criteria stipulated in the Revegetation Plan. This
budget also includes time for annual project oversight.
ESTIMATED BUDGET
LSA proposes to conduct the services described above on a time and materials basis. LSA estimates
that these services can be completed for $65,920 in accordance with the following table. LSA will not
exceed this amount without your prior authorization.
Task
Task 1: Site Preparation and Nonnative Vegetation Removal Monitoring
Task 2: Plant and Seed Installation Monitoring
Task 3: 120-Day Plant Establishment Period Monitoring
Task 4: CDFW Mitigation Installation Report
Task 5: 5-Year Maintenance Period Qualitative Monitoring
Task 6: 5-Year Maintenance Period Quantitative Monitoring
Task 7: 5-Year Maintenance Period Annual Reports
Task 8: Project Management/Coordination/Meetings
Total
If you are in agreement with the terms and conditions of this proposal, please provide written
authorization to proceed.
Sincerely,
LS{\ ASSOCIATES, INC.
---~------/\
/" ~,, J '-------~-~--.
I '· \, ', Jaim~ Mdrales
Senior Biologist
Attachments: 1) 5-Year Budget Table; 2) Fee Schedule
Cost
$3,550
$3,550
$2,795
$3,185
$17,830
$10,505
$15,425
$11,580
$68,420
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Project_Revised.docx 3
LSA ASSOCIATES, INC.
HOURLY BILLING RATES EFFECTIVE JANUARY 2016
Job Classification Hourly Rate
Planning Environmental Transportation Air/Noise Cultural Resources Biology GIS Rang_e1.2
Principal Principal Principal Principal Principal Principal Principal $155-315
Associate Associate Associate Associate Associate Associate Associate $85-200
Senior Planner Senior Senior Transportation Senior Air Quality/ Senior Cultural Senior Biologist/ Senior GIS $90-175
Environmental Planner/Engineer Noise Specialist Resources Manager Botanist/Wildlife Specialist
Planner Biologist/Ecologist/Soil
Scientist/Herpetologist/
Arborist
Planner Environmental Transportation Air Quality/Noise Cultural Resources Biologist/Botanist/ GIS Specialist $85-125
Planner Planner/Engineer Specialist Manager Wildlife Biologist/
Ecologist/Soil Scientist/
Herpetologist/ Arborist
Assistant Planner Assistant Assistant Air Quality/Noise Cultural Resources Assistant Biologist/ Assistant GIS $65-100
Environmental Transportation Analyst Analyst Botanist/Wildlife Specialist
Planner Planner/Engineer Biologist/Ecologist/Soil
Scientist/Herpetologist/
Arborist
Field Services
Senior Field Crew/Field Crew $55-90
Office Services
Research Assistant/Technician $45-60
Graphics $105-125
Office Assistant $55-100
Word Processing/Technical $75-100
Editing
The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $400 per hour regardless of job classificatiOns.
Hourly rates are subject to review at least annually, on or about June I of each year, and may be adjusted to reflect changing labor costs at LSA's discretion at that time.
C:\UsersVMorales\Desktop\Schedule of Standard Contract Provision January 2016.docx <<03/11116>> 4
.
LSA ASSOCIATES, INC.
LSA IN-HOUSE DIRECT EXPENSES
JANUARY 2016
Unit Cost
Reproduction (8.5 X 11) BIW $.07 per page
Reproduction (8.5 X 11) Color $.40 per page
Reproduction (llx17) BIW $.10 per page
Reproduction (11 X 17) Color $.75 per page
CD Production $5.00 per CD
Plotting $3.75 per sf
Mileage On Road $.54 per mile
Mileage Off-Road $.69 per mile
GPS Unit $75.00 per day
Total Station Surveying Instrument $50.00 per day
Level (Laser or Optical) $25.00 per day
Laser Rangefinder $25.00 per day
Sound Meter $75.00 per day
Aerial Photo Cost
Boat Rental $125.00/day
Water Quality Meter $25.00/day
C:\UsersVMorales\Desktop\Schedule of Standard Contract Provision January 2016.docx <<03/1 1116>> 5
Task Description/Term
Task 1: Site Preparation and
Nonative Vegetation
Removal Monitoring
Task 2: Plant and Seedd
Installation Monitoring
Task 3: 102-Day Plant
Establishment Period
Task 4:CDFW Mitigation
Installation Report
Task 5: 5-Year Maintenance
Qualitative Monitoring
Task 6: 5-Year Maintenance
Quantitative Monitoring
Task 7: 5-Year Maintenance
aeriod Annual Report
Task 8: Project
Management/coordination/
Meetings
TOTAL
Calavera Dam Mitigation Monitoring and Reporting
LSA Associates, Inc.
Initial Services: Long Term Monitoring and Reporting
Project 120-Day Plant
Implementation Establishment Period Year 1: April Year 2: April Year 3: April
June through December 2016 through 2017 -March 2018-March 2019 -March
November 2016 March 2017 2018 2019 2020
$ 3,550.00
$ 3,550.00
$ 2,795.00
$ 3,185.00
$ 3,966.00 $ 3,466.00 $ 3,466.00
$ 2,501.00 $ 2,001.00 $ 2,001.00
$ 3,485.00 $ 2,985.00 $ 2,885.00
$ 3,000.00 $ 1,000.00 $ 1,500.00 $ 1,000.00 $ 1,000.00
$ 10,1_()~~ 1_ - ------6,980.0_0_ $ 11,452.00 $ 9,452.00 2_~3~~·~0-
Attachment "A"
Year 4: April Year 5: April Agency Sign-off:
2020 -March 20121 -March April2022-
2021 2022 September 2022 TOTAL
$ 3,550.00
$ 3,550.00
$ 2,795.00
$ 3,185.00
$ 3,466.00 $ 3,466.00 $ 17,830.00
$ 2,001.00 $ 2,001.00 $ 10,505.00
$ 2,885.00 $ 3,185.00 $ 15,425.00
$ 1,000.00 $ 1,000.00 $ 2,080.00 $ 11,580.00
s_ 9,352.00_ $ 9,652.00 $ 2,080.00 $ 68,420.00