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HomeMy WebLinkAboutLSA Associates Inc; 2017-01-17; TRAN1154TRAN1154 AMENDMENT NO. 1 TO EXTEND AGREEMENT FOR ENVIRONMENTAL SERVICES FOR EL CAMINO REAL AT CANNON RD INTERSECTION IMPROVEMENTS PROJECT LSA ASSOCIATES, INC. This Amendment No. 1 is entered into and effective as of the q -/rv day of JCl""VA t-~ , 2o_JY, extending and amending the agreement dated January 17, 217, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Lsa Associates, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for ceqa. RECITALS A. The Parties desire to extend and fund the Agreement for a period of one ( 1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on January 17, 2019 on a time and materials basis not-to-exceed thirty-one thousand three hundred dollars ($31,300). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 TRAN1154 4. 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 ~:rporatiodf/f ?'----,_____ (sign here) ~ob Mc.. Cano, CEo /Ch4i(ma.rL (print name/title) (print namehitle) CITY OF CARLSBAD, a municipal corporation of the State of California By If; 1f?:c.-~· Elaine Lukey / Public ~ Direct authorized by the City Manager 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 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, City Attorney BY: ~ Deputy City Attorney City Attorney Approved Version 1/30/13 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. PRODUCER CONTACT Robin Lee NAME: Dealey, Renton & Associates r.~~N,.\'n ~ ..... 714-427-6810 I ;t~ .,_,_ 714-427-6818 Lie. #0020739 ~~nA~~~~-rlee@dealeyrenton.com P.O. Box 10550 Santa Ana CA 92711-0550 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A ,Hartford Fire Ins. Co. 19682 INSURED LSAASSOCl1 INSURER B ,Twin City Fire Ins. Co. 29459 LSA Associates, Inc. INSURER c: Berkley Insurance Company 32603 20 Executive Park, Suite 200, INSURER D: Irvine CA 92614 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 119503872 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AuDL >SUI:!" POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY 57CESOF4492 9/30/2017 9/30/2018 EACH OCCURRENCE $1,000,000 ~ =i CLAIMS-MADE Q OCCUR DAMAGE TO RENTED ~ PREMISES /Ea occurrencei $300,000 ~ MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ 0PRO-DLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY 57UUNIF1488 9/30/2017 9/30/2018 rE~Mo11scu1(1NGLc LIMIT accident $1,000,000 - X ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ ~ $ B X UMBRELLA LIAB M OCCUR 57HUON0012 9/30/2017 9/30/2018 EACH OCCURRENCE $5,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 / OED I I RETENTION$ $ A WORKERS COMPENSATION 57WEGG5794 9/30/2017 9/30/2018 I PER I I OTH- AND EMPLOYERS" LIABILITY X STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $1,000,000 C Professional AEC901701401 9/30/2017 9/30/2018 $2,000,000 per Claim and Pollution $4,000,000 Anni Aggr. ./ Liability Claims Made DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability Re: Agreemt. #TRAN1448 -Calavera Dam Mitigation Site Long Term Monitoring. City of Carlsbad is an additional insured as respects to General Liability per policy form wording. Such insurance is Primary & Non-Contributory with Severability of Interest clause. A Waiver of Subrogation applies to General Liability & Workers Compensation coverage. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Road Carlsbad CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. ~HORIZED REPRESENTATIVE . ff)h I ~ 01.p © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD / POLICY NUMBER: 57CESOF4492 COMMERCIAL GENERAL LIABILITY CG, 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREF:ULL Y. ADDITIONAL INSURED -OWNERS, LESSEES C>R CONTRACTORS -SCHEDULED PERSON OR As required by written contractORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzatlon(s): Location(s) Of Covered Operations As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s} shown in the Schedule, but only with respect to liability for "bodily injury", •property damage• or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, induding materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same p~ject. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: 57CESOF4492 / COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS • COMPLETED OPERATIONS As required by written contract This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s): As required by written contract Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work• at the location designated and described In the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard" CG 20 370704 © ISO Properties, Inc., 2004 Page 1 of1 Policy Number: 57CESOF4492 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a daim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; HG 00 010605 (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. ® Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's oo,n insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or Page 13 of 18 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described inc. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A-Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I -Coverage A -Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or Page 14 of 18 (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. HG 00 010605 If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the HG 00 010605 insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. Page 15 of 18 EXCERPTS FROM CA 0001 (1013) HARTFORD BUSINESS AUTO COVERAGE Additional Insured: SECTION 11 -COVERED AUTO LIABILITY COVERAGE A.1. WHO IS AN INSURED: The following are "insureds" c. Anyone liable for the conduct of an "insured" ... but only to the extent of that liability. Primary Insurance: SECTION IV -BUSINESS AUTO CONDITIONS B. General Conditions -5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provide by this Coverage Form is excess over any other collectible insurance. c. Regardless of the provisions of paragraph a. above, this Coverage Form's Covered Auto Liability Coverage is primary for any liability assumed under an "insured contract". Cross Liability Clause: SECTION V -DEFINITIONS G. "Insured" means any person or organization qualifying as an insured in the Who is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. EXCERPTS FROM HA9916 (0312) HARTFORD COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 15. WAIVER OF SUBROGATION -We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement -California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured: LSA Associates, Inc. Producer: Dealey, Renton & Associates Schedule Person or Organization City of Carlsbad 1635 Faraday Road Carlsbad CA 92008 Additional Premium % We have the right to recover our payments from any- one liable for an injury-covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perfonn work under a written contract that requires you to obtain this agreement from us.) ~~u'ha-.p Authorized Representative WC040306 Policy Number 57WEGG5794 Effective Date 9/30/2017 Job Description Re: Agreemt. #TRAN1448 -Calavera Dam Mitigation Site Long Term Monitoring. City of Carlsbad You must maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. TRAN1154 AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES FOR EL CAMINO REAL AT CANNON RD INTERSECTION IMPROVEMENTS PROJECT LSA ASSOCIATES, INC. ""' THIS AGREEMENT is made and entered into as of the \-=\-~ day of Vlv , 20_il by and between the CITY OF CARLSBAD, a municipal corporation, ("Cit "),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 herein, City and Contractor agree as follows: 1. SCOPE OF WORK City 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 for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. 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 will be thirty one thousand three hundred thirty dollars ($31 ,330). 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 thirty one thousand three hundred thirty dollars ($31 ,330) per Agreement year. The 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". City Attorney Approved Version 4/1/15 TRAN1154 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 City. Contractor will be under 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 the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax 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 the City's election, City 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 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. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its 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 City incurs or makes to or on behalf of an injured employee under the City's 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. 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 City Attorney Approved Version 4/1/15 2 TRAN1154 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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 the City as an additional insured. 10.1.1 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 City). $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 City'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. 10.2 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 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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. City Attorney Approved Version 4/1/15 3 TRAN1154 10.5 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. 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 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 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 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. 14. 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. 15. 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 Name Brandon Miles Title Associate Engineer Department Public Works City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. 760-602-2745 For Contractor Name Mike Trotta Title Project Manager Address 703 Palomar Airport Road, Ste 260 Carlsbad, CA 92011 Phone No. 760.931.5471 Email mike. trotta@lsa-assoc. com 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. City Attorney Approved Version 4/1/15 4 TRAN1154 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 whose services are 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 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. 20. TERMINATION In the event of the 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. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event 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. 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 City Attorney Approved Version 4/1/15 5 TRAN1154 employee, any fee, comm1ss1on, 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. 22. 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 for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City 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 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. 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. Ill /II Ill Ill City Attorney Approved Version 4/1/15 6 TRAN1154 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: (} /(sign here) Les C~rri Leg~irfYL4;,f~ (print n~me/t1 le) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey I ng Public Works Director as authorized by the City Manager 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 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, City Attorney BY:~ --~----~----------------Deputy City Attorney City Attorney Approved Version 4/1/15 7 UNANIMOUS WRITTEN CONSENT TO ACTION WITHOUT A MEETING OF THE BOARD OF DIRECTORS OF LSA ASSOCIATES, INC. a California Corporation The undersigned, being all of the members of the Board of Directors (the "Board") of LSA Associates, Inc., a California corporation (the "Corporation") who would be entitled to notice of a special meeting of the Board for the purpose of taking the actions and adopting the resolutions set forth below, do hereby waive such notice, take the following actions, adopt the following resolutions by unanimous written consent to action without a meeting pursuant to Section 307 of the Corporations Code of the State of California, and direct that this consent be filed with the minutes of the Corporation: SIGNING AUTHORITY WHEREAS, the Board is authorized, pursuant to the Bylaws of the Corporation, to elect or appoint officers, assistant officers and agents of the Corporation and to expressly delegate to said officers or agents such duties and authority as the Board shall deem necessary and as the needs of the Corporation may require including, without limitation, specific signatory rights on behalf of the Corporation; WHEREAS, pursuant to the Bylaws of the Corporation, the Board previously elected the following officers and agents of the Corporation: Les Card Chief Executive Officer Rob McCann President Mike Trotta Executive Vice President Tim Lacy Secretary Rosalena Evans Vice President Financial Management; and WHEREAS, pursuant to the Bylaws the Board desires to expressly grant to the foregoing officers of the Corporation certain rights and powers of signatory, including the right to make, execute, sign, acknowledge, file and deliver contracts for the performance of professional services provided by the Corporation. NOW, THEREFORE, BE IT 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, 40609792vl 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. RESOL YEO, that all acts and deeds heretofore done or action taken by any officer or agent of the Corporation for and on behalf of the Corporation, in entering into, executing, acknowledging or attesting to any arrangements, agreements, instruments or documents which carry out the terms and intentions of any of the foregoing resolutions are hereby in all respects ratified, approved and confirmed; and it is further RESOLVED, that this Unanimous Written Consent may be signed in any number of counterparts, each of which (including any facsimile or "PDF" copies) shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument, and that such counterparts (including any facsimile or "PDF" copies) shall together constitute but one and the same instrument; and RESOLVED, that the fully executed copy of this Unanimous Written Consent shall be delivered to the Secretary of the Corporation for inclusion in the minutes of the proceedings of the Board. [Remainder of Page Intentionally Left Blank] 40609792vl IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Board of Directors in Lieu of Special Meeting as of May 19, 20 16. BOARD: Dan Airola Jeff Bray Mike Trotta Doug Frost Tom Nielsen 40609792vl LSA November 9, 2016 Brandon Miles Associate Engineer Public Works City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Exhibit "A" Subject: Proposal to Provide Environmental Consulting Services for the El Camino Real at Cannon Road Intersection Improvements Project in the City of Carlsbad (LSA Proposal No. ZZZ458J1) Dear Mr. Miles: BERKELEY CARLSBAD FRESNO IRVINE PALM SPRINGS POINT RICHMOND RIVERSIDE ROCKLIN SAN LUIS OBISPO LSA Associates, Inc. (LSA) is pleased to provide this proposal for California Environmental Quality Act (CEQA) environmental consulting services. Specifically, this proposal addresses the preparation of the appropriate environmental document and technical studies for the El Camino Real at Cannon Road Intersection Improvements Project. PROJECT UNDERSTANDING The purpose of the proposed project is to improve operations at the intersection of El Camino Real (ECR) and Cannon Road .. The project proposes to restripe the ECR Bridge over the Agua Hedionda Creek to provide three lanes, a bike lane, and a right-turn only lane. A separate pedestrian bridge is proposed adjacent to the north side of the bridge to complete the missing section of sidewalk, and to widen the sidewalk on the south side of the bridge for improved pedestrian connectivity. The proposed northbound pedestrian bridge would be a prefabricated steel truss bridge, 8 feet wide and 114 feet 8 inches long, connecting the sidewalk along El Camino Real to the sidewalk at the Cannon Road intersection. The vertical profile of the proposed steel truss bridge would be relatively flat with the deck approximately 18 inches higher than the top of the existing ECR Bridge to achieve positive freeboard clearance during a 100-year storm event. No new lighting fixtures are proposed for the pedestrian bridge. A new curb ramp would be constructed east of the proposed pedestrian bridge to allow westbound bicyclists the option to exit the bicycle lane and utilize the pedestrian bridge instead of riding in the combined bike lane/right-turn lane within El Camino Real. Widening of the southern sidewalk requires construction of a new concrete cantilever slab over the existing cantilever slab, to widen the sidewalk by approximately 4 feet. The existing hand railing would be relocated to the new sidewalk edge. New bridge railings would be installed to replace the existing obsolete bridge railings. Utility relocation would also be required. 703 Palomar Airport Road, Suite 260, Carlsbad, California 92011 760.931.5471 www.lsa.net INITIAL STUDY/MITIGATED NEGATIVE DECLARATION An Initial Study (IS) is a preliminary analysis prepared to determine whether a Negative Declaration (ND) or Mitigated Negative Declaration (MND) would sufficiently address potential environmental impacts resulting from project development or if an Environmental Impact Report {EIR) must be prepared. An ND or MND is appropriate when the IS shows that there is no substantial evidence that a project may have a significant effect on the environment or if, with the inclusion of mitigation measures, such potential impacts can be reduced to a less than significant level. Based on the aforementioned understanding of the proposed project pursuant to information provided by the City and the Project Engineer, LSA is proposing the following Scope of Work, cost estimate, and typical schedule to complete an Initial Study/Mitigated Negative Declaration (IS/MND) necessary for the evaluation of potential environmental impacts associated with development of the proposed project. If the IS concludes that potentially significant impacts would result from development of the proposed improvements, and if those impacts can be reduced to a less than significant level with the incorporation of mitigation measures, this scope and budget includes the identification of such mitigation measures. If the IS concludes that no potentially significant impacts would result from development of the proposed uses, the preparation of an ND would occur and several tasks identified in the scope below (e.g., preparation of a Mitigation Monitoring and Reporting Program [MMRP]) would not be required. If the IS concludes that any significant environmental impact cannot be mitigated below a level of significance, then an MND is not the appropriate form of environmental documentation for CEQA clearance of the proposed project and the project would require an EIR. For purposes of this proposal, the scope assumes the preparation of an IS/MND. LSA will notify you as soon as possible during the analysis if an IS/MND is not the appropriate environmental document. SCOPE OF WORK TASK 1: Initial Study The IS will be prepared in compliance with CEQA and the State's CEQA Guidelines as amended. The IS/MND will utilize the City's preferred format for the preparation of environmental documents and will include thorough responses to each of the IS Checklist questions to determine the potential environmental effects of the proposed project. Prior to this work effort, LSA will identify its document and information needs. It is anticipated that the data necessary to conduct an accurate and thorough assessment of the potential impacts that may result from the proposed project can be obtained from the City and/or Project Engineer. To commence work on the IS, some or all of the following information may be required: • Any previously prepared technical studies prepared for the proposed project; • Relevant planning documents that may have been prepared for project area, if any (e.g., related CEQA documentation); 2 • Digital data, including the site map for the proposed project showing site limits and maximum extent of ground disturbance; • The most recent site plan delineating the location, configuration, and size of any proposed on- site structures; • A detailed, written project description that identifies the size, intended use, type of construction and construction equipment, construction schedule, construction staffing, site coverage, and location of proposed on-site structures, and facilities; • Reproducible illustrative drawings/simulations/elevations of the proposed on-site uses, if appropriate; and • Right-of-entry authorization (for required surveys). During this task, LSA staff will review the previously prepared technical studies, planning documents, or CEQA studies (if any) for relevancy. This review will not determine the adequacy ofthese studies, nor will it involve any new research or fieldwork to verify or revise the findings of any previously prepared technical study. Information from these studies may be used in the analysis of the project impacts in the IS. LSA staff will conduct an inspection of the project site and the surrounding area. The purpose of this reconnaissance will be to gain an understanding of existing conditions, the physical setting ofthe proposed project site, and the relationship between the project site and adjacent land uses. The IS will include a detailed project description based on information provided by the City and/or Project Engineer. The IS will be used by City staff to determine potential environmental effects of the project implementation and make a determination as to the appropriate environmental clearance for the project. LSA will assemble all pertinent data provided by and/or commissioned by the City and other relevant sources. LSA will review the City's General Plan, pertinent environmental records for the site, City-prepared reports, and/or other relevant documents to ascertain the existence of and/or extent of potential environmental impacts. An assessment of the following environmental issues as they relate to the proposed project, applicable City standards, and/or the standards of State or Federal entities will be conducted. Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gases and Global Climate Change • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing Public Services Recreation • Traffic and Circulation • Utilities • Mandatory Findings of Significance 3 LSA will prepare a Screencheck Draft IS and submit an electronic copy of the Screencheck Draft IS for review by City staff. Upon receipt of a consolidated and non-contradictory set of comments from City staff, LSA will revise the document as appropriate and submit an electronic copy of the Revised IS. Output: Note: Submittal of Screen check Draft IS and Revised IS to City staff. As previously stated, for purposes of this proposal, the scope assumes the preparation of an IS/MND. LSA will notify you as soon as possible during the analysis if an IS/MND is not the appropriate environmental document. TASK 2: Technical Studies Construction of the project could potentially increase noise levels at nearby sensitive receptors and could expose sensitive receptors to increased noise impacts. LSA will prepare a noise analysis for the proposed project in response to the IS Checklist questions. The noise analysis will include a quantitative assessment of noise impacts on sensitive receptors related to project construction and operation. Using traffic data provided to LSA by the City, LSA will utilize the Federal Highway Administration (FHWA) Highway Noise Prediction Model (FHWA-RD-77-108) noise model to determine the increase in noise associated with the project. LSA will recommend mitigation measures consistent with best practices, as determined by the analysis. The air quality and greenhouse gas emissions section of the Draft IS will include a quantitative assessment of project construction and operational impacts and a recommendation of mitigation measures consistent with the San Diego County Air Pollution Control District Guidelines. Costs associated with technical analyses for noise and air quality/greenhouse gas emissions are included in Task 1. Task 2.1: Biological Resources Technical Report Completion LSA will complete a biological resources technical report that was initiated in December 2014 as an update to a previous study conducted by RECON Environmental, Inc., in August 2002. Due to deliberations between the City and engineers regarding project design revisions, LSA was instructed by the City in early 2015 to halt report completion. To complete the report, LSA will visit the site to note any changes that have occurred to biological resources since the last survey. If necessary, LSA will modify the vegetation map it created in January 2015. The biological resources technical report will conform to City Guidelines and will include a summary of biological resources present within the project area, potential for occurrence of special-status species, evaluation of impacts to biological resources associated with the most current impact footprint, and measures for avoidance or minimization of impacts to these resources. Output: LSA will provide the City with a draft version of the biological resources technical report. Upon receipt of one set of consolidated, non-contradictory comments, LSA will provide the City with a final version. The budget includes time for one round of revisions. 4 TASK 3: Public Review Draft MND After any required revisions from internal City staff review have been incorporated into the IS (from Task 1), LSA will revise and prepare the IS/MND for public review. LSA will provide the City with up to twenty (20) hard copies of the Draft IS/MND, one (1) electronic copy of the Draft IS/MND, and one (1) copy of references utilized in the Draft IS/MND for public review. The IS/MND will be circulated for a minimum 20-day public review period. In the event the project is determined to be of regional or Statewide significance (per CEQA § 15206), the Draft IS/MND must be submitted to the State Clearinghouse (Governor's Office of Planning and Research) for distribution to State agencies. Under this circumstance, the document must be available for a 30-day public review period. It is assumed in this scope that the City will distribute the Draft IS/MND to local agencies for public review. The City will be responsible for providing notice of the availability of the IS/MND in local newspaper(s), and for filing the necessary notices with the San Diego County Clerk. If required by the City (or if the project is determined to be or regional or Statewide significance), LSA can submit fifteen (15) copies of the document to the State Clearinghouse. The submittal of the copies of the document to the State Clearinghouse is an optional task identified in Task 8 of this proposal. Output: Up to twenty (20) hard copies ofthe Draft IS/MND, one (1) electronic copy of the Draft IS/MND, and one (1) copy of references utilized in the Draft IS/MND for public review. TASK 4: Response to Comments Upon close of the public review period, LSA will prepare responses to public and agency comments received regarding the Draft IS/MND. Given that it is not possible to predict the number and/or extent of public comments to be received on the IS/MND, this scope/budget estimates up to 20 hours of professional staff time for preparation of responses to written comments. LSA will formulate responses to the comments received on the Draft IS/MND within two weeks of receipt of a complete set of comments received during the public review period. Once draft responses to comments are completed, they will be submitted to the City for review and comment. As required, the Draft 15/MND can be revised to incorporate relevant comments/data received during the public review period or LSA can provide a memorandum which would include the comments and responses to the comments that can be appended to the Draft 15/MND and included in the City's Staff Report. All comments received on the Draft 15/MND during the public review period, as well as the responses to comments, will be included as an appendix to the FinaiiS/MND. This scope includes one round of review from City staff. Additional rounds of review may be conducted under an augment to this scope and budget. Output: Electronic copy of the Response to Comments Memorandum and an electronic copy of the revised Response to Comments Memorandum. 5 TASK 5: Screencheck Final MND and Mitigation Monitoring and Reporting Program (MMRP) Following completion of processing of the IS/MND, LSA will prepare an MMRP to implement the mitigation measures (if any) required in the IS/MND for the proposed project. The mitigation measures will be included in a matrix check-off format for ease in tracking. A Screen check Final MND and MMRP will be submitted to the City for review. Output: Electronic copies of the Screencheck Final MND and MMRP for review by the City. Note: If the IS concludes that no significant environmental impact would occur, an ND may be the appropriate form of environmental documentation for CEQA clearance of the proposed project. If an ND is appropriate, no MMRP would be necessary. TASK 6: Final MND and MMRP Upon receipt of a consolidated and non-contradictory set of comments from City staff, LSA will revise the Screencheck Final MND and MMRP document as appropriate. After any required revisions have been incorporated into the document, LSA will prepare the Final MND and MMRP for City staff review. LSA will provide the City with an electronic copy and up to fifteen (15) hard copies of the FinaiiS/MND including responses to comments (if any), the MMRP, and supporting documentation. Subsequent to adoption of the IS/MND, the City will prepare the Notice of Determination (NOD) for submission to the San Diego County Clerk. It is the responsibility of the City to file the NOD with the San Diego County Clerk after the approval of the project. It should be noted that failure to file the NOD within five business days of project approval will substantially increase the period in which the project approval may be legally challenged. The cost estimate does not include any public noticing of the environmental document in the newspaper(s), filing of the NOD with the County Clerk, or payment of the fees to the County and CDFW, if required. Output: Up to one (1) electronic copy and fifteen (15) hard copies ofthe FinaiiS/MND, response to comments (if any), MMRP, and supporting documentation. TASK 7: Project Management, Meetings, and Quality Control Task 7.1: Staff Meetings and Public Hearings LSA will attend up to two (2) coordination meetings with City staff, and up to one (1) meeting or hearing of the City to consider approval of the IS/MND and action on the proposed project. If requested, LSA will make presentations explaining the content, findings, and determinations of the IS/MND, and will respond to relevant comments raised during public hearings. Task 7.2: Project Management and Quality Control LSA's philosophy is to provide the highest quality professional services on every project. This requires implementation of strategies to ensure quality at the beginning and throughout the life of each project and beyond. Specific quality control and project management tasks include the following: 6 • Assign the most appropriate Principal in Charge and Project Manager for the project and ensure their availability throughout the project. • Have the LSA Project Manager, along with the City's Project Manager, systematically review the work program to ensure that both have clear understanding of project definition and Scope of Work. • Assign a project team with experience on similar projects and coordinate with task managers to ensure staffing availability. • Ensure that applicable local, County, State, and Federal standards, policies, and procedures are jointly understood by project team members. • Ensure timely delivery of project documents. LSA's commitment to meeting scheduling needs and project demands extends to doing whatever it takes to complete the job within established time frames. • Ensure quality of preliminary work products and cost estimates, and timely delivery at lowest cost. Review project status with the City at agreed-upon intervals, to ensure implementation of the original Scope of Work and harmonious functioning of all team members. Identify any potential conflicts due to potential changes in scope. The work program is intended to ensure the smooth functioning of the CEQA process for the project by maintaining open communications with City staff and the project team. LSA will maintain a continuous liaison with City staff and the project team by identifying and defining key issues as they arise and coordinating responses acceptable to the City staff and project team. Output: Attendance at up to two (2) staff coordination meetings or conference calls and one (1) meeting/hearing to consider approval of the MND and appropriate action on the project. Ongoing coordination among LSA, City staff, and the applicant team will ensure the smooth functioning of the CEQA program. TASK 8: Optional Tasks Task 8.1: Assist with Assembly Bill 52 Native American Consultation Per Assembly Bill 52 (AB 52), Native American consultation is required for any CEQA project that has a Notice of Preparation or Notice of Negative Declaration filed or MND on or after July 1, 2015. The Lead Agency must notify Tribes that have requested to be notified regarding projects within 14 days of determining that a project application is complete or deciding to undertake a project (i.e., prior to the release of the environmental document}. While this is a government-to-government process between the City and the Native American tribe(s) that request consultation per AB 52 or as identified by the Native American Heritage Commission (NAHC), LSA is available to assist the City with AB 52 consultation. If requested, tasks may include the following: LSA will contact the NAHC to request a list of tribes/groups/individuals with ancestral ties to the project area that could have interest in consulting with the City on the proposed project. LSA will then contact each party on behalf ofthe 7 City via certified letter, describing the proposed project and requesting that the recipient respond within 30 days if they would like to consult with the City on the proposed project. The process, including all communication and any responses, will be summarized in a memorandum that can be included in the environmental document to support the City's efforts at consultation per AB 52. this This scope and budget estimates up to 50 hours of professional staff time for AB 52 assistance. TASK 9: Reimbursable Costs Reimbursable costs outlined in this cost proposal include costs associated with document production, CD production, mileage, and overnight mail services costs. SCHEDULE L5A anticipates this project can be completed in approximately six (6) months. The following schedule provides estimated time frames for each task and will be adjusted as necessary per discussion with the City and project team, taking into consideration key factors such as receipt of project information by L5A, the extent of comments received on the Draft 15/MND, and/or review of products by the City staff. If a more aggressive schedule is desired, it should be noted that L5A has demonstrated its ability to maintain project schedules under aggressive deadlines for many projects in southern California. L5A recommends that the project team review and discuss the schedule for the environmental document and make changes, as necessary, at the project kickoff meeting. tOTAl Time periods are sequential from completion of the previous task. Period1 4 weeks from authorization to proceed 3 weeks2 From receipt of required and relevant project-specific information and completion of technical reports. If the 15/MND is not sent to the State Clearinghouse, the public review period can be reduced to 20 days. BUDGET ESTIMATE L5A proposes to accomplish the above-detailed tasks on an hourly basis. We estimate that a budget of $31,330 (without optional tasks) and $36,580 (with optional tasks) will be required to complete the work effort associated with the 15/MND and identified technical studies. This estimate will not be exceeded without prior authorization. This estimate does not include the preparation of additional supporting technical studies. In the event that additional supporting technical studies are needed, a separate contract may be prepared. 8 Task Budget I Task 1: Initial Study $ 10,620 Task 2: Technical Studies -l Task 2.1: Biological Resources Technical Report Completion $ 3,700 Task 3: Public Review Draft MND $ 4,315 Task 4: Response to Comments r-$ 2,610 Task 5: Screen check Final MND and MMRP I $ 3,500 Task 6: Final MND, MMRP, and NOD $ 1,655 Task 7: Project Management, Meetings, and Quality Control $ 4,080 Task 8: Optional Tasks (AB 52 Assistance) $ 5,250 Task 9: Reimbursable Costs1 $ 850 TOTAL (without optional tasks) Reimbursable costs include CD production, mileage, printing, mailing, and overnight mail {as needed). Thank you for allowing LSA the opportunity to submit this proposal for your proposed project. If you require additional information, you may contact me at (760) 931-5471. Sincerely, Mike Trotta Principal Attachment: Hourly Cost Breakdown 9 I I LSAASSOCIATES INC IS/MND COST ESTIMATE Principal AQ /Noise Senior Biologist Cultural Resources Sr. Transportation Word LSA ~ In Charge Principal -Env Sr PI Planner Associate Biologist Manager Planner Processing Graphics Support Total Costs Tasks I Hourly Rate --> $215 $225 $125 $100 $165 $115 $80 $100 $140 $105 $100 $70 Hours (Reimb.) t 1.0 Initial Study 2 2 12 30 18 4 8 8 1 85 $10,620 2.1 Updated Biological Assessment 2 1 16 4 2 8 33 $50 $3,700 3.0 Public Review MND 3 8 16 4 2 6 39 $500 $4,315 4.0 Response to Comments 4 4 10 2 20 $2,610 5.0 Screencheck Final MND/MMRP 2 2 8 12 4 28 $3,500 6.0 Final MND/MMRP 1 2 8 2 1 1 15 $250 $1,655 7.0 Project Management 2 4 22 28 $50 $4,080 8.0 Optional Tasks 8.1: AB 52 Assistance 2 40 4 4 50 $5,250 9.0 Reimbursable Costs $850 I I rroTAL HOURS 10 16 56 77 18 16 4 4 26 23 8 258 ri'OTAL COST $2,150 $3,600 $7,000 $7,700 $2,970 $1,840 $320 $560 $2,730 $2,300 $560 $850 II $31,330 ILSALABOR $30,480 ILSA REIMBURSIBLES $850 !OPTIONAL TASKS $5,250 rroTAL BUDGET ESTIMATE** $31,330