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HomeMy WebLinkAboutLSA Associates Inc; 2009-10-07; PWENG709PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 COASTAL RAIL TRAIL REACHES 4 & 5, PROJECT NO. 3455 This sixth Pro'ect Task Description and Fee Allotment, is entered into on ~une &. 20 10 , pursuant to an Agreement between LSA Associates, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated May 11, 2010, ("proposal"), attached as Appendix "A for the Coastal Rail Trail Reaches 4 & 5, (the "Project"). The Project services shall include third party review of alternatives matrix report being prepared for Caltrans, National Environmental Policy Act (NEPA) support and meeting attendance, and biological mapping and jurisdictional delineation on the east side of the railroad tracks from Cannon Road to Poinsettia Train Station. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within six (6) months thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A, attached. prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A. Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the Citv throuqh the mechanism of a se~arate Proiect Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $38,500.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL SERVICES Executed by Contractor this day of ,201-. TASK GROUP 1. Alternatives Matrix Support 2. NEPA Support and Meet~ngs Attendance 3. Jurisdictional Wetland and Waters Mapping and Biological Resources Mapping of Eastern Alignment 3. Reimbursable expenses TOTAL (Not-to-Exceed) CONTRACTOR: LSA Associates, Inc., a California corporation LSA Associates, Inc., a California corporation LUMP SUM FEE 5.000 15,000 13,500 5,000 $38,500 By: (sign here) n /d~ flcL;~, 7L0de-4- ---- (prin! nameltitle) (print nameltitle) rob. rr CCGH~ o 1.5 -4J.(o<. COC( -- JArl. .C~YLL, @ bH-&-e. crr, (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column 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. CITY 0-LSBAD, a aorporation of the State of California , ,L ,,, APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #07.24.02 ISA ASAO(i1A~TLS. IND. XIYEIISIUE L s A 1 PACIFIC CENTER REYIYLEY FXESNO ROCKLlN 103 PAI.OMAII AIXYOKC RD . SUITr IbU IGU.Y?I.SIII TFI ir. CULLINS PA1M SPRINGS ShN 1171' OBISPO CAKLSBhD. ICALIIOKNIA 92Oli ?b<i YI8 2&18 FAX lRVlNE PT. RICllMDNU SOUTH SAN 1VYANCISI:O May l I, 2010 Jacob Moeder City of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008 Subject: 2010 Environmental Consulting Services Carlsbad Rail Trail Reach 4 and 5 (LSA Project No. HCR0901) Dear Jacob: LSA Associates, Inc. (LSA) hereby submits this scope and budget for ongoing environmental consulting services in support of the subject project. LSA understands that the City of Carlsbad (City) will prepare a matrix for submittal to the California Department of Transportation (Caltrans) to analyze the feasibility of the alternative alignments for Reach 4 and 5 of the Carlsbad Rail Trail project. Specifically, this proposal addresses the following: Ongoing support of compliance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) LSA CEQA/NEPA and biology expert attendance at internal City meetings and meetings with Caltrans Mapping of the jurisdictional wetlands, waters, and biological resources associated with the Caltrans proposed alternative alignment on the eastern side of the rail line. This proposal is submitted with the understanding that the scope of services will be conducted during the 2010 calendar year under LSA's existing contract with the City to provide on-call environmental consulting services. SCOPE OF SERVICES Task 1 - Alternatives Matrix Support LSA will assist the City in review of the matrix and report requested by Caltrans to show the alternative alignments as well as all constraints associated with each alignment. LSA will provide third party review and comments on the matrix and report to be prepared by RBF Consulting. LSA is allowing for $5,000 in labor fees for this task, including an estimated 30 hours from Senior level planners and biologists and 10 hours for Principal level review and comments. Task 2 - NEPA Support and Meetings Attendance LSA will provide support for NEPA compliance, and an LSA NEPA expert and biologist will be available to accompany the City to meetings with Caltrans. Services provided under this task will include LSA NEPA expert advice, review of the alternatives matrix, and meeting attendance. LSA is allowing for $15,000 in labor fees for this task. PLhNNlNC I ENVIRONMENTAL SCIENCES I DESIGN Task 3 - Jurisdictional Wetland and Waters Mapping and Biological Resources Mapping of Eastern Alignment Several years have passed since the previous delineation of wetlands and waters potentially subject to the jurisdiction of the United States Army Corps of Engineers (Corps), the California Coastal Commission (CCC), and the California Depmment of Fish and Game (CDFG). LSA will map features potentially subject to the jurisdiction of the Corps, CCC, and CDFG. The jurisdictional waters mapping will provide baseline data for use in the impacts analysis of the eastern alignment in the biological resources constraints mapping described below. LSA biologists will conduct biological resources surveys of the eastern alignment and will prepare graphic exhibits indicating the biological resources within the project study area. LSA will use the previous report prepared by another consultant as reference but will need to survey the entire project study area physically in order to map and quantify the resources, using Global Positioning Systems (GPS) hardware and Geographic Information Systems (GIS) software. Upon receipt of a project design footprint from the City, LSA will calculate the extent of impacts to biological resources for the eastern alignment alternative. LSA has allowed for $13,500 in labor fees for this task. Task 3 does not include preparation of a formal Jurisdictional Delineation report, a Biological Resources report, or a Natural Environmental Study. Task 4 - Reimbursable Expenses LSA will track reimbursable expenses (reproduction costs, GPS unit daily fees, mileage, North County Transit District flagging fees, etc.), under Task 4. LSA estimates that $5,000 should be adequate for reimbursable expenses. ESTIMATED BUDGET LSA proposes to conduct the services described above on a time and materials basis pursuant to the terms and conditions of the existing on-call environmental services contract with the City. The total estimated budget is $38,500. LSA will include a spreadsheet indicating the labor that has been charged against each task to date, and the remaining budget per task, with each monthly invoice submitted to the City. Please provide written authorization to proceed. Thank you very much for requesting these services from LSA. Sincerely, Mike Trotta Principal M112110 ~~P:WCR0901 - Rail Trailwrojecr ManrgementVOIO Rail Trail Servrces Proposaldocn PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 LAKE CALAVERA DAM MITIGATION SITES, PROJECT NO. 3821 This fifth Project Task Description and Fee Allotment, is entered into on 4%'~ I/ Ht ,2d/fl , pursuant to an Agreement between LSA Associates, dc,$Cdifornia corporation. (Contractor'') and the City of Carlsbad ('City") dated October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 23, 2010, ("proposal"), attached as Appendix "A for the Lake Calavera Dam Mitigation Sites, (the "Project"). The Project services shall include protocol coastal California gnat catcher surveys in accordance with the Carlsbad Habitat Management Plan (HMP) guidelines for biological studies. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer _and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty five (45) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A, attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A. Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the Citv throi~qh the mechanism of a separate Proiect Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractors services for this Project Task Description and Fee Allotment is $3,000.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL SERVICES Executed by Contractor this 54 day of sy ,2010. I TASK GROUP 1 Protocol Coastal California Gnat Catcher Surveys 2. Report per HMP Guidelines 3. Reimbursable expenses TOTAL (Not-to-Exceed) CONTRACTOR: LSA Associates, Inc., a California corporation LSA Associates, Inc., a California corporation LUMP SUM FEE 1,500 1,300 200 $3,000 (name of Contractor) 3 (print nameltitle) (print nameltitle) POL, wcc.iul o IS$ -4>>o~.~a u . &yd@ /~ig~k~a=r~@l (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column 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. of the State of California By: Date: rw+ 2 20/~ APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: beputy City ~brney City Attorney Approved Version #07.24.02 APPENDIX "A" April 23,2010 LSA Ms. Sheni Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 LSA ASSOC14TPS. 1NC RIVERSIDE PICiilC CENTER BLRKEI.EY FPESNO llOCKLlN 703 PALOMAR AIRPORT RD , SUITI 260 760 331 5471 ,EL COLMA PALM SPRINGS SAN LUl5 OBlSPO CARLSBAD. CALIFORNIA 92011 7'0 918 2158 FAX FT. COLLlNS PT. RICHMOND SOUTH SAN FRANCISCO Subject: Proposal for Protocol Coastal California Gnatcatcher Surveys, Calavera Lake, City of Carlsbad, San Diego County, California (LSA Project No. HCR1004) Dear Sheni: LSA Associates, Inc. (LSA) is pleased to provide you with this proposal to conduct protocol coastal California gnatcatcher (Polioptila calijornica calijornica) surveys at one site near Calavera Lake, City of Carlsbad, San Diego County, California (see Figure 1, attached). LSA proposes to complete the surveys in accordance to the City of Carlsbad (City) Habitat Management Plan (HMP) Guidelines for Biological Studies, which requires 3 survey visits, 7 days apart during breeding season. SCOPE OF WORK Task 1: Protocol Coastal California Gnatcatcher Surveys In areas with coastal sage scrub or other suitable habitat for coastal California gnatcatcher (gnatcatcher), protocol surveys will be necessary to determine whether this species is present. Suitable habitat on site will be surveyed by a permitted LSA biologist pursuant to the United States Fish and Wildlife Service (USFWS) survey protocol for gnatcatcher issued on February 28, 1997. Per protocol methods, taped gnatcatcher vocalizations will be used to assist during the surveys. The LSA biologist will conduct three surveys during the breeding season (February 15 to August 30), between 6 a.m. and noon, at least one week apart. According to the terms of LSA's USFWS permit (Permit No. TE- 777965-9), LSA must notify the USFWS 10 days prior to conducting surveys and must report the results within 45 days of survey completion. LSA must submit the results (i.e., the report), including a graphic exhibit, to the USFWS and the California Department of Fish and Game (CDFG). To the extent that these data can be obtained through field observations, LSA will provide the number, ageflife stage (adult, independent juvenile, dependent juvenile, recently fledged juvenile, nestling, unknown), sex, andlor color band information (from top to bottom and from left to right) if any. Task 2: Report The report will include a list of animal species detected on the site and a general description of the plant communities. LSA will provide all information gathered during the survey in hard copy format and in digital format as a Portable Document File (PDF). Digital files will be provided via email, file transfer protocol site, or on one compact disk (CD). 01/23/10 (P\11CR1004 CALAV~XA CAGN Suxr.ra\C.~.r~~. CACN ~tovo,rr.nac) PLANNING I LNVIPONYFNTAI SClFNCES I DLSliiN LSA will present the report in draft form for your review. Please be advised that, in some cases, the conditions of LSA's permits require that LSA report survey results to the appropriate resource agencies (e.g., the USFWS) when conducting surveys where threatened or endangered species may be present. Upon receipt of your comments, if any, LSA will finalize and submit the report to you. LSA has budgeted for one round of revisions based on one consolidated set of comments and will coordinate with you during the revision process to ensure that all comments are addressed to your satisfaction. COST ESTIMATE LSA estimates a maximum budget of $3,000, which includes labor and reimbursable expenses, will be necessary to complete the protocol survey work specified in this proposal. Reimbursable expenses include mileage, equipment use, production, etc. Mileage and drive time will be billed to and from LSA's Carlsbad office, located at 703 Palomar Airport Road, Carlsbad, California. LSA will commence work on an hourly basis, in accordance with the contract provided by the City of Carlsbad, upon execution of the contract. The estimate of fees by task is as follows: LSA appreciates the opportunity to provide you with this proposal and hopes that this scope of work and cost estimate will satisfy your needs and expectations. If you have any questions concerning the contents of this proposal, please do not hesitate to contact Mike Trotta or me at (760) 931-5471. Sincerely, Principal Attachments: Figure 1: Project Location LSA Staff Resources 4/23/2010 (P:WCRIM)4 Calvvera CAGN Surveys\Calavera CAGN proposa1.d~) LS.4 ASSOC14TES. INC. L C I PAClFIC CENT.. RIVERSIDE BERKELEY FRLSNO ROCKLLN 703 PALOMAR AIRPORT RD. SUITE 260 160 931.5671 TEL COLMA PALM SPRINGS SAN LUIS OBlSPO 7bO 918 2458 FAY FT. COLLINS PT RlCHMOND SOUTH PAN FPIANCISCO LSA STAFF RESOURCES 04/23/10 (P:\HCR1004 CALA~~~~ CAGN Suxusra\C~rrrrxr CAGN s%u~osri.ooc) PLANNING I ENVIRONMENTAL SCIENCES I DESlGN o + Protocol Coastal Cal~omia Gnatcatcher Surveys Project Location SOURCB: USGS 7.5min. Qd. (h Lh Rcy, 1975) R:WCR~~~GISU(~~~~USOS.~~~ (UwB10) PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 LA COSTA AVENUE SLOPE REPAIR PROJECT NO. 6024 This fourth Proiect Task Description and Fee Allotment, is entered into on f?fl~/ *. /z, A?&// , pursuant Lo an Agreement between LSA ASSOCIATES, INC., a California corporation, ("Contractor") a?d the City of Carlsbad, ("City") dated October 7, 2009: (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental sewices in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 23, 2C10, ("proposal"), attached as Appendix "K'for the La Costa Avenue Slope Re?rtir, (the "Project"). The Project services shall irlclude update to biological resources technical reports required by Resource Agencies, assistance in permitting ancl cultural resources compliance documentation. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description arld Fee Allotment, signed by the City Engineer & a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractcr shall begin work within five (5) working days after receiving this fully execu!ed document a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the S:andard Specifications for Public Works Construction (Green Book). In no event shall Covlractor work beyond the term or authorized compensation of the Agreement, as hinended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotmeni", herein. Fees shall be paid on the basis of time and materials for each task grolrp shown in Table 1. Progress payments shall be based on time and msterials. Appendix "A, attached, prepared by Contractor and reviewed by City, shol~s the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that pdormance cf any and all tasks by the Contractor 'constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or ~ppendix "A", will be performed by the - ~ Contractor onlv upon authorization of the City throunh the mechanism of a separate Project Task Description and Fee Allotment anmIiase Order. In the event that City directs Contractor to curtai! or eliminate all. or ~ortions of the task arouDs identified in -~~-~~~ -~ ~ ~ ~- ~ ~ ~~ , - ~~, ~~~ Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Proiect ask Description and Fea Allotment is $15,340.00 City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL SERVICES Executed by Contractor this day of , ZOO-. TASK GROUP 1. Update to Biological Resources Technical Report 2. Coordination with Resource Agencies 3. Meetings 4. Cultural Resources TOTAL (Not-to-Exceed) CONTRACTOR: LSA ASSOCIATES, INC., a California corporation LUMP SUM FEE 3,000 2,400 4,440 5,500 $15,340 LSA ASSOCIATES, INC., a California corporation (name of Contr (print nameltitle) fd*m ccqhl @ /ST -4~~s (01 i/ 44 . dl? @/IA~%??(~;- cIY (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: ~P'L /3, 2010 City Engineer or Authorized Signatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version b707.24.02 FiPPEFiDIX "A" LSA ASSOCIATES. INC. RlVERSlDE L S A I PACIFIC CENTER BERKELEY FRESNO ROCKI-IN 703 PALOMAR AIRPORT RD.. SUITE 200 760931.1471 TBL FT COLI.INS PALM SPRINGS SAN LUIS OBlSPO CARLSBAD, CALIFORNIA 9201 1 700 918 2458 PAX lRVlNE PT. RlCHMDND SOUTH SAN FRANCISCO February 23, 2010 Ms. Sherri Howard City of Carlsbad Public Works-Engineering Department 1635 Faraday Avenue Carlsbad, California 92008-73 14 Subject: Proposal for Environmental Services La Costa Avenue Slope Failure Repair Project (LSA Project No. HCR0902) Dear Shem: LSA Associates, Inc. (LSA) hereby submits this proposal for the subject project. Specifically, this proposal addresses ongoing tasks and tasks completed at the request of the City of Carlsbad (City) that were not addressed in our existing contract, including updates to the existing biological resources technical report (BRTR), consultation with resource agencies with regard to the need for environmental permitting, coordination/meetings with the City and cultural resources investigation. LSA understands that it will provide these services pursuant to the firm's existing on-call contract with the City. SCOPE OF SERVICES Task 1: Updates to the Biological Resources Technical Report LSA will update the existing BRTR according to revised impacts related to design changes not previously accounted for. Additionally, the BRTR will clarify the conceptual mitigation plan for the project. LSA will prepare a revised draft BRTR for submittal to the City in electronic format for review and comments. LSA has budgeted for one round of revisions. The scope includes evaluation of one project design, which is assumed to be final. Additional analyses resulting from changes in project description or design are not included in the scope and budget of this proposal. Task 2: Coordination with Resource Agencies At the request of the City, LSA staff has coordinated with agents from the United States Army Corps of Engineers (Corps), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Game (CDFG) to get agency input on the potential for the project to require permits for impacts to potentially jurisdictional waters of the United States or CDFG jurisdictional features (lake, river, or streambed) and associated habitat. During a preliminary cursory site visit, there were no obvious ordinary high water marks or streambed or banks, but the saturated soil conditions and water PLANNING I ENVlRONllENTAL SClENCES I DESIGN seepage on a slope are not normal circumstances. LSA proposes to follow up via phone calls and email correspondence. An additional site visit is not included in this scope. A multi-agency meeting, which LSA staff attended, was held at the CDFG on December 10, 2009, and potential jurisdiction was discussed. The results of these discussions indicated that the site was abnormal and jurisdiction is unclear. In the event that the RWQCB takes jurisdiction, the Corps agreed to take jurisdiction under Section 404 of the Federal Clean Water Act to avoid the need for Waste Discharge Requirements. LSA recommends confirmation with agencies that permit applications are not necessary. Ongoing coordination may or may not result in the need to apply for permits (i.e., notification). If permits are necessary, LSA can provide a separate scope and budget, which would include preparation of a Conceptual Mitigation Plan (not included in this scope). Task 3: Meetings LSA staff will attend a total of two public hearings (one Planning Commission and one City Council hearing). It is not anticipated that LSA technical specialists will be required to attend any public hearings related to processing the proposed projects. Attendance of technical specialists at meetings andlor public hearings can be provided at an additional cost negotiated at the time this service is requested. Additional meetings requested by City Staff can be provided at an additional cost negotiated at the time this service is requested. Task 4: Cultural Resources Cultural resources services will be conducted to Federal standards to ensure compliance with Section 106 of the National Historic Preservation Act (NHPA), which is a requirement for the Section 404 permit approval. A record search for the Romeria Street Drainage Repair and La Costa Slope Repair Projects will be conducted. An archaeological field survey is likely to be required unless the results of the records search indicate that the project area was surveyed adequately within the past five years by a professional archaeologist. The results of the record search and field survey (if necessary) will be recorded in a letter report (assumes negative findings) subject to review and approval by the Corps. This task has been budgeted on the basis that the project study area maps previously prepared by LSA will be accepted by the Corps as the Area of Potential Effects (APE) Map. This scope of work assumes that the City will prepare advertising materials and be responsible fox printing and distribution of materials as necessary. Therefore, LSA will provide the following products: Revised Biological Resources Technical Report (digital copy); and Cultural Resources Letter Report (digital copy). A budget breakdown is included below. UZ3/ZOIO (P:WCR0902 -La Cosra Avc\hoposal\La Costil Augment final.doc) ESTIMATED BUDGET Upon your written authorization to proceed, LSA proposes to conduct the scope of work described above on a time and materials basis in accordance with our existing contract with the City for on-call environmental consulting services for $15,340, as shown below. LSA will not exceed this budget estimate without your prior authorization and will not perform any work outside the activities described in this proposal without prior written authorization from the City. Please contact me at (760) 931-5471 or at mike.trotta@Isa-assoc.com with any questions or comments. Sincerely, Principal THE ABOVE-STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED CONSULTANT: CLIENT: LSA Associates, Inc. City of Carlsbad Authorized Signature Authorized Signature Principal Title Title Date Date 2/23/2010 (P:VICR0902 -La Costa AveWroposalVa Costa Augment fmal.doc) 3 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 ROMERIA CONCEPTUAL MITIGATION PLAN PROJECT NO. 6604 Project Task Description and Fee Allotment, is entered into on // /A, .J"b'/fl , pursuant to an Agreement between LSA ASSOCIA~ES, INC., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 23, 2010, ("proposal"), attached as Appendix "A" for the Romeria Conceptual Mitigation Plan. (the "Project"). The Project services shall include preparation of the conceptual and final mitigation plan as required by Resource Agency Permits and in compliance with City of Carlsbad Habitat Management Plan. 2. PROGRESS AND COMPLETION Contractor's receipt of fhis Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document a City Purchase Order. Contractor shall complete the work within two hundred forty (240) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A, attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A. Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor onlv upon authorization of the Citv through the mechanism of a separate Proiect Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $10,475.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL SERVICES Executed by Contractor this day of I 201- TASK GROUP 1 Conceptual Mitigation Plan (Draft) 2 Conceptual Mltlgatlon Plan (Flnal) TOTAL (Not-to-Exceed) CONTRACTOR: LSA ASSOCIATES, INC., a California corporation LUMP SUM FEE 2,775 00 7,700 00 $10,475.00 LSA ASSOCIATES, INC., a California corporation (name of Cont fl* (name of ontract r) h L By: By: (signAere) (print nameltitle) (print nameltitle) rob, ack-4 @ /si -~JL COY J I h4.u~ @ /SAQS~~C. coy (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president 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. By: APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: - ~k~ut~ City - Attorney I City Attorney Approved Version #07.24.02 APPENDIX "A" LEA ASSOCIATES. INC RIVERSIDE L S A 1 PACTFK BERKELEY FRESNO ROCKLIN 703 PALOMAR AIRPORT RD.. SUITE 260 700 931 5411 TEL FT. COLLINS PALM SPRINGS SAN LUIS OBlSPO CARLSBAD. CALIFORNIA 9201 1 1609182458 FAX lRVlNB PT RLCHMOND SOUTH SAN FRANCISCO February 23,2010 Ms. Shem Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-73 14 Subject: Proposal for Environmental Consulting Services RomeriaLa Costa Conceptual Mitigation Plan (LSA Proposal No. 2221685 1) Dear Sheni: LSA Associates, Inc., (LSA) hereby submits this proposal for environmental consulting services to the City of Carlsbad (City). Specifically, this proposal is for preparation of a conceptual mitigation plan, associated with the Romeria Street Drainage Project (Romeria) and the La Costa Avenue Slope Failure Project (La Costa) in the La Costa neighborhood of Carlsbad, San Diego County, California. LSA understands that it will provide these services pursuant to the firm's existing on-call contract with the City of Carlsbad (City). SCOPE OF SERVICES Due to the limited wetland and riparian resources in Southern California and the Federal "no net loss of wetlands" policy, the resource agencies require compensatory mitigation for virtually every permit or agreement issued where unavoidable impacts to jurisdictional waters will occur. Impacts to jurisdictional wetlands and non-wetland waters of the United States due to the proposed Romeria and the La Costa Projects will require mitigation. A combined mitigation strategy, both on site at the Romeria Project site and off site at the Lake Calavera Mitigation Parcel, has been proposed to resource agencies. This approach was tentatively accepted at a meeting with resource agency staff from the United States Army Corps of Engineers (Corps), Regional Water Quality Control Board (RWQCB), California Department of Fish and Game (CDFG) on November 10, 2009. Therefore, LSA will prepare a draft conceptual plan of the proposed mitigation for impacts to identified jurisdictional areas, and this conceptual plan will be included in the submittal packages for the Corps, RWQCB, and CDFG. PLANNING I ENVlRONMENrAL SCIENCES I DESIGN Conceptual Mitigation Plan The conceptual mitigation plan will include habitat restoration measures that will address the habitat types subject to impacts. The conceptual mitigation plan will be based on the results of the biological assessment of the sites and will include measures specifically designed to create, restore, and enhance the native vegetation communities that occur within the project vicinity. Typical measures will include habitat-specific seed mixes and rates, cuttings andlor container plant species selection and planting guidelines, maintenance requirements, herbicide application guidelines, performance standards designed to satisfy resource agency requirements, target goals, and scheduling. The conceptual mitigation plan will provide the framework for the final compensatory mitigation plan. The conceptual mitigation plan will be in compliance with the City Habitat Management Plan (HMP). Final Compensatory Mitigation Plan (Optional Task) Upon approval of the compensatory mitigation plan by the resource agencies, LSA can prepare a final compensatory mitigation and monitoring plan, including technical specifications and qualification requirements suitable for landscape contractor bidding as an optional task at the direction of the City. The final plan would include planting and imgation plans, which would be printed on Mylar at an appropriate scale (i.e., 24" x 36") to be signed and approved by the City. ESTIMATED BUDGET LSA proposes to conduct the services described above on a time and materials basis in accordance with the firm's contract with the City. As shown below, the estimated budget is $2,775 without the optional task and $10,475 with the optional task included. LSA will not exceed that amount without your prior authorization. If you agree with the terms and conditions of this proposal, please sign and return it to LSA, or provide some other form of authorization. Task Draft Conceptual Mitigation Plan (Optional) Final Conceptual Mitigation Plan GRAND TOTAL (Without Optional Task) GRAND TOTAL (With Optional Task) u23/201O (L:~PROPOSAL\ZZZ168JI-RoCosfa Mitigation Plan\ZZ%168JI-Rumeria-La Costa Concept Mil Plan Proposaldrr) Estimated Costs $2,775 $7,700 $2,775 $10,475 1 Please do not hesitate to contact me at (760) 931-5471 with any comments or questions regarding this proposal. Sincerely, THE ABOVE-STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED CONSULTANT: CLIENT: LSA Associates, Inc. Authorized Signature Authorized Signature Mike Trotta Print Name Print Name Principal Title Title February 23,2010 Date Datc 2/23/2010 (L:\PROPOSALVZZ168Jl-RoCos~ Mitigation Plan\ZZL168J I-Rorneria-La Costa Concepl Mit Ain Proposaldoc) PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 6606 KELLY DRIVE CHANNEL REPAIR T s second Project Task Description and Fee Allotment, is entered into on b , pursuant to an Agreement between LSA A%%c. $&lifb,% grt<acn , ("Contractor) and the City of Carlsbad (City") dated October 6, 2009, (the "Agreement1'), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated November 16, 2009, ("proposal"), attached as Appendix "A" for the Kelly Drive Drainage Channel Repair, (the "Project"). The Project services shall include preparation of biological mapping, technical reports, preparation of conceptual mitigation plan, attendance of pre-application meeting wlresource agencies, cultural resources review, meetings and site visits with City staff. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work immediately after receiving this fully executed document gxJ a City Purchase Order. Contractor shall complete the work within 180 (one hundred eighty) working days thereafter. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A, attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $31,300.00. City Attorney Approved Version tl07.24.02 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL SERVICES FOR KELLY DRIVE CHANNEL REPAIR City Attorney Approved Version #07.24.02 TASK GROUP Task 1 - Mapping of Biological Resources Task 2 - Jurisdictional Waters Mapping Task 3 - Meeting With the Regional Water Quality Control Board Task 4 - Preparation of Biological Resources Section of California Environmental Quality Act Documentation Task 5 - Mapping of Potential Mitigation Areas within City Lake Calavera Mitigation Bank Task 6 - Preparation of Conceptual Mitigation Plan Task 7 -Additional Coordination, Meetings, and Site Visits Task 8 -Attendance at Pre-Application Meeting at California Department of Fish and Game Office Task 9 - Cultural Resources Database Record Search and Pedestrian Survey (Owner's Option) TOTAL (Not-to-Exceed) LUMP SUM FEE $2,000.00 $2,000.00 $1,500.00 $6,000.00 $4,000.00 $5,000.00 $5,000.00 $1,800.00 $4,000.00 $31,300.00 Executed by Contractor this 7* day of BI~M!~ ,200 9 . CONTRACTOR: LSA Associates, Inc. a California corporation LSA Associates, Inc. a California cor~oration (name of cT ;;a( By: (sign here 2___ sign ere) /dflc k4-, ?~~i%4- ~-5 84&.Lq , CFd (print nameltitle) (print nameltitle) / fab ,wch, @ (~+-G~JK+ Qp, j2, .&,, @ - ~~H-/$Y-GC pa, (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: 'Rh? t+ J& k City Engineer APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: deputy City ~ttornay City Attorney Approved Version #07.24.02 APPENDIX "A" LSA ASSOCIATES, INC. RIVERSIDE L S A 1 PACIFIC CENTER BERKELEY FRESNO ROCKLIN 703 PALOMAR AIRPORT RD.. SUITE 260 760.931.5471 TEL FT. COLLINS PALM SPRINGS SAN LUIS OBISPO CARLSBAD, CALIFORNIA 9201 1 760.918.2458 FAX IRVINE PT. RICHMOND SOUTH SAN FRANCISCO November 16,2009 Sheni Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-73 14 Subject: Proposal for Environmental Consulting Services Kelly Drive Drainage Channel Repair LSA Associates, Inc. Project No. HCR0904 Dear Sheni: LSA Associates, Inc., (LSA) hereby submits this proposal for environmental consulting services. Specifically, this document addresses preparation of a biological resources and impact assessment memorandum, mapping of waters subject to the jurisdiction of the United States Army Corps of Engineers (Corps), the California Department of Fish and Game (CDFG), and the Regional Water Quality Control Board (RWQCB), meeting with the resource agencies, preparation of biological resource and cultural resources sections of the California Environmental Quality Act (CEQA) document (presumed to be a mitigated negative declaration), mapping of potential mitigation areas within the City of Carlsbad (City) Lake Calavera preserve, preparation of a conceptual mitigation plan, and coordination and meetings with City staff (including site visits) in support of repairs of damaged portions of a City owned drainage channel adjacent to Kelly Drive in Carlsbad, San Diego County, California. LSA expects to provide these services pursuant to the firm's existing contract with the City. SCOPE OF SERVICES Task 1 - Mapping Biological Resources LSA biologists will map the biological resources within the project study area. The vegetation communities will be mapped and the proposed project impacts to biological resources will be quantified. Mapping will be done in accordance with the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP). Task 2 - Jurisdictional Waters Mapping LSA biologists will prepare a map indicating the locations of waters and streambed potentially subject to the jurisdiction of the United States Army Corps of Engineers (Corps), the Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Game (CDFG), pursuant to the Sections 404 and 401 of the Clean Water Act and the California Fish and Game Code, respectively. Due to the nature of the project site (clearly defined concrete lined channel with easily discernible jurisdictional features) LSA will map the potentially jurisdictional areas without conducting a formal 10128109 (P:\HCR0904U<elly Drive Storm Drain Repair Project Proposal.doc) 1 LSA ASSOCIATES, INC PROPOSAL TO PROVIDE ENVIRONMENTAL SERVICES NOVEMBER ZOO9 KELLY DRIVE DRAINAGE CHANNEL REPAIR CITY OF CARLSBAD, CALIFORNIA jurisdictional delineation. Should the resource agencies require a formal delineation, additional budget will be necessary. Task 3 - Meeting With the Regional Water Quality Control Board LSA will accompany City staff to meet with the RWQCB in regards to the subject project. The purpose of the meeting will be to identify what mitigation the RWQCB will require in order to prepare a Clean Water Act Section 401 Certification of Water Quality. Task 4 - Preparation of Biological Resources and Cultural Resources Sections of California Environmental Quality Act Documentation LSA will prepare the biological resources section and the cultural resources section of the document prepared in compliance with the California Environmental Quality Act (CEQA), presumed to be a mitigated negative declaration. Task 5 - Mapping Potential Mitigation Areas within City Lake Calavera Mitigation Bank LSA will accompany City staff to review and map areas within the City Lake Calavera Mitigation Bank that are likely to provide opportunities for mitigation in the form of wetland riparian creation, restoration, and enhancement to offset impacts to jurisdictional areas for the subject project as well as other City projects. Task 6 - Preparation of Conceptual Mitigation Plan LSA will prepare a conceptual mitigation plan designed to offset impacts to jurisdictional areas from channel repairs. The conceptual plan will include graphic exhibits and text describing the conceptual mitigation measures. The conceptual plan will not be prepared as a final compensatory mitigation plan, and it will not be suitable for use as a document for contractors to use in bidding on implementing proposed mitigation measures. Task 7 - Additional Coordination, Meetings, and Site Visits This task allows LSA to coordinate with and meet City staff as well as to conduct additional site visits, if necessary. Task 8 - Attendance at Pre-Application Meeting at California Department of Fish and Game Office LSA will accompany City staff at a pre-application meeting at the San Diego office of the CDFG. The purpose of the meeting is to describe the project and proposed mitigation prior to the City submitting permit application packages (to be prepared by others). LSA is allowing for one meeting to include an LSA biologist and an environmental planner. Task 9 - Cultural Resources Database Record Search and Pedestrian Survey (Owner's Option) If the Corps requires analysis pursuant to Section 106 of the National Historic Preservation Act, then LSA will conduct a database record search and a pedestrian site survey (if warranted). A brief letter report will document the findings of the database record search and pedestrian survey. This report 10/30/09 (P:\HCR0904Kelly Drive Storm Drain Repair Project Proposal.doc) LSA ASSOCIATES, INC PROPOSAL TO PROVIDE ENVIRONMENTAL SERVICES NOVEMBER ZOO9 KELLY DRIVE DRAINAGE CHANNEL REPAIR CITY OF CARLSBAD, CALIFORNIA assumes negative findings. The site is previously disturbed and appears to be a non-historic built environment, in which case this task may not be necessary, subject to the discretion of the Corps. LSA will not conduct services under this task unless so directed by the City. ESTIMATED BUDGET LSA proposes to conduct the services described above on a time and materials basis in accordance with the firm's contract with the City. This budget does not include reimbursable expenses, which will be included in monthly invoicing. However, LSA does not foresee any reimbursable expenses other than fees for the record search. The estimated labor budget is $31,300 (see table below). LSA will not exceed that amount without your prior authorization. If you agree with the terms and conditions of this proposal, please sign where indicated and return to LSA, or provide some other form of authorization. Please do not hesitate to contact me at (760) 93 1-547 1 with any comments or questions regarding this proposal. Sincerely, LSA ASSOCIATES, INC. Mike Trotta Principal Attachment 10/30/09 (P:\HCR0904U<elly Drive Stom Drain Repair Project Proposal.doc) LSA ASSOCIATES, INC PROPOSAL TO PROVIDE ENVIRONMENTAL SERVICES NOVEMBER 2009 KELLY DRIVE DRAINAGE CHANNEL REPAIR CITY OF CARLSBAD, CALIFORNIA THE ABOVE-STATED TERMS regarding the proposed environmental services for the Kelly Drive Storm Drain repair project in the amount of $31,300 ARE HEREBY ACCEPTED AND AUTHORIZED. CONSULTANT: LSA Associates, Inc. CLIENT: City of Carlsbad Authorized Signature Authorized Signature Principal Title Title November 16,2009 Date Date KELLY DRIVE DRAINAGE REPAIR: BUDGET 10/30/09 (P:\HCR0904Kelly Drive Storm Drain Repair Project Proposal.doc) TASK Task 1 - Mapping of Biological Resources Task 2 - Jurisdictional Waters Mapping Task 3 - Meeting With the Regional Water Quality Control Board Task 4 - Preparation of Biological Resources Section of California Environmental Quality Act Documentation Task 5 - Mapping of Potential Mitigation Areas within City Lake Calavera Mitigation Bank Task 6 - Preparation of Conceptual Mitigation Plan Task 7 - Additional Coordination, Meetings, and Site Visits Task 8 - Attendance at Pre-Application Meeting at California Department of Fish And Game Office Task 9 - Cultural Resources Database Record Search and Pedestrian Survey (Owner's Option) Grand Total COST $ 2,000.00 $ 2,000.00 $ 1,500.00 $ 6,000.00 $ 4,000.00 $ 5,000.00 $ 5,000.00 $ 1,800.00 $ 4,000.00 $3 1,300.00 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO: 6604 ROMERIA DRAINAGE IMPROVEMENT n and Fee Allotment, is entered into on , pursuant to an Agreement between LSA Associates, Inc. a California corporation , ("Contractor") and the City of Carlsbad, ("City") dated October 6, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated November 17, 2009, ("proposal"), attached as Appendix "A" for the Romeria Drainage Improvement, (the "Project"). The Project services shall include update biological mapping and technical reports, preparation of permit applications for USACOE, CA Dept. of Fish and Game, Regional Water Quality Control Board Permits, meeting and coordination with Resource Agencies and City Staff. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work immediately after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 180 (one hundred eighty) working days thereafter. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A, attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A. Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Proiect Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $14,210.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT ROMERIA DRAINAGE IMPROVEMENT Executed by Contractor this 7$4 day of &@4b ,200 7 . TASK GROUP Biological Resources Report U.S. Army Corps of Engineers Permit Application California Department of Fish and Game Permit Application Regional Water Quality Control Board Application Meetings and Coordination with Resource Agencies Assistance with ISIMND TOTAL (Not-to-Exceed) CONTRACTOR: LSA Associates, Inc. a California corporation LUMP SUM FEE $3,680.00 $2,110.00 $2,110.00 $2,470.00 $2,250.00 $1,590.00 $14,210.00 (sign here) (print nameltitle) LSA Associates, Inc. a California corporation (name~contractgr( (print nameltitle) rd, MCUnq @ 1~4-41~~. (0- rr/b, 84 &&@/s/-~!sc~ '04 (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president 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. CITY OF CARLSBAD, a municipal corporation of the State of California City Engineer APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Date: /L//~/o P I City Attorney Approved Version #07.24.02 APPENDIX "A" LSA ASSOCIATES. INC RIVERSIDE L S A 1 PACIFIC CENTER BERKELEY FRESNO ROCKLlN 703 PALOMAR AIRPORT RD.. SUITE 260 760.931.5471 TEL FT. COLLINS PALM SPRINGS SAN LUIS OBISPO CARLSBAD, CALIFORNIA 9201 1 760.918.2458 FAX IRVINE PT. RICHMOND SOUTH SAN FRANCISCO November 17,2009 Sherri Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-73 14 Subject: Proposal for Environmental Consulting Services Romeria Street Drainage Repair Project LSA Project Number HCR080 1 Dear Sherri: LSA Associates, Inc., (LSA) hereby submits this proposal for environmental consulting services. Specifically, this proposal addresses regulatory agency consultation, coordination and meetings with the City of Carlsbad (City) and agency representatives, preparation of a conceptual mitigation plan, assistance with California Environmental Quality Act (CEQA) document revision, finalization of the jurisdictional delineation and permit application packages, adjustments to the Biological Resources Report (November 2008) based on recent revisions to the design associated with the removal and replacement of the existing Romeria Street drainage channel, and construction of a permanent maintenance access road in the La Costa neighborhood of Carlsbad, San Diego County, California. LSA understands that it will provide these services pursuant to the firm's existing on-call contract with the City of Carlsbad (City). SCOPE OF SERVICES Task 1 - Update the Biological Resources Report LSA biologists will revise the existing Biological Resources Report to provide for changes in the original project design, including updates to impact analysis and figures. LSA will submit the draft Biological Resources Report to the City in electronic format for review. Budget for this task allows for one round of revisions. Task 2 - Assistance updating the ISIMND LSA will assist the City with updates to the biological section of the existing CEQA document. The firm understands that the biological section updates will clarify the impacts and mitigation presented in the existing Initial Study and Mitigated Negative Declaration (ISIMND) prepared by the City. LSA anticipates that this task will require no more than 16 hours to complete. If additional work is required, LSA will be happy to submit a scope and budget for that work. 11/17/2009(P:\HCR0801 - Romeria St\Proposal\Romeria Augment 11-17-09.doc) LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES NOVEMBER 1009 ROMERIA STREET DRAINAGE REPAIR CITY OF CARLSBAD, CALIFORNIA Task 3 - Regulatory Permitting Assistance Task 3a: U.S. Army Corps of Engineers Permit Application. An LSA permitting specialist will revise a Pre-Construction Notification (PCN) and prepare a Preliminary Jurisdictional Delineation Form for submittal to the Corps, requesting a permit pursuant to Section 404 of the Clean Water Act. LSA assumes that a Nationwide Permit will be sufficient for the project and that a PCN will be required. In the unlikely event that the project requires an Individual Permit, additional budget will be required. LSA will provide a draft version of the PCN to the City prior to agency submittal. LSA has budgeted for one round of revisions. Budget for this task is based on the assumption that the project will not result in impacts to cultural resources and, therefore, will not be subject to analysis pursuant to Section 106 of the National Historic Preservation Act. Authorization likely will require submittal of as-built engineering plans for the existing facility in addition to plans for the proposed replacement channel. Budget for this task assumes coordination with design engineers, data procurement, and transfer. Task 3b: California Department of Fish and Game Permit Application. An LSA permitting specialist will revise a Section 1602 Notification of Lake or Streambed Alteration (CDFG Form 2023 including Attachments C (Water Diversion) and D (Routine Maintenance). LSA will provide the City with a draft version of the application prior to agency submittal. LSA has budgeted for one round of revisions to this application. Task 3c: Regional Water Quality Control Board Application. An LSA permitting specialist will revise an application for water quality certification to be submitted to the San Diego RWQCB pursuant to Section 401 of the Clean Water Act. LSA will provide the City with a draft version of the certification application package for review prior to agency submittal. LSA has budgeted for one round of revisions to this application. Task 3d: Meetings and Coordination with Resource Agencies. Budget for this task allows for coordination with the resource agents during the permitting process. Site visits are not expected to be required as most agency personnel have viewed the site and have been supplied with photographs documenting existing environmental conditions. Any additional site visits can be budgeted separately. ESTIMATED BUDGET LSA proposes to conduct the services described above on a time and materials basis in accordance with the firm's contract with the City. The estimated budget is $14,210 (see table below). LSA will not exceed that amount without your prior authorization. 11117/2009(P:\HCR0801 - Romeria StWroposal\Romeria Augment 11-17-09.doc) LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES NOVEMBER 2009 ROMERIA STREET DRAINAGE REPAIR CITY OF CARLSBAD, CALIFORNIA BUDGET If you agree with the terms and conditions of this proposal, please sign and return it to LSA, or provide some other form of authorization. TASK Biological Resources Report U.S. Army Corps of Engineers Permit Application California Department of Fish and Game Permit Application Regional Water Quality Control Board Application Meetings and Coordination with Resource Agencies Assistance with ISJMND GRAND TOTAL Please do not hesitate to contact me at (760) 93 1-5471 with any comments or questions regarding this proposal. ESTIMATED COSTS $ 3,680.00 $2,110.00 $2,110.00 $2,470.00 $2,250.00 $1,590.00 $ 14,210.00 Sincerely, LSA ASSOCIATES, INC. Mike Trotta Principal 11/17/2009(P:\HCR0801 - Romeria St\Proposal\Romeria Augment 11-17-09.doc) LSA ASSOCIATES, INC. PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES NOVEMBER 2009 ROMERIA STREET DRAINAGE REPAIR CITY OF CARLSBAD, CALIFORNIA THE ABOVE-STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED CONSULTANT: CLIENT: LSA Associates, Inc. City of Carlsbad Authorized Signature Authorized Signature Title Title Date Date 11/17/2009(P:\HCR0801 - Romeria StWroposal\Romeria Augment 1 I-17-09.doc) PWENG709 MASTER AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL PLANNING SERVICES (LSA ASSOCIATES, INC.) THIS AGREEMENT is made and entered into as of the ~/^ day of 2009, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and LSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in environmental planning. B. The professional services are required on a non-exclusive, project-by- project basis. C. Contractor has the necessary experience in providing professional services and advice related to environmental planning. D. Selection of Contractor is expected to achieve the desired results in an expedited fashion. E. 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 three (3) years starting December 6, 2009. City Attorney Approved Version #04/03/02 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 4 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Public Works Director or Deputy City Engineer, as his designee. The Public Works Director or Deputy City Engineer, as his designee will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred fifty thousand dollars ($150,000) per Agreement year. The total amount of the Agreement shall not exceed four hundred fifty thousand dollars ($450,000) for the complete Agreement term. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager, or Public Works Director, as his designee, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 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. City Attorney Approved Version #04/03/02 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 in whole or in part by any willful misconduct or negligent act or omission 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-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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. City Attorney Approved Version #04/03/02 10.1.1 Commercial General Liability Insurance. $1.000.000 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. 10.1.2 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. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 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: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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. 10.5 Submission of Insurance Policies. City 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. City Attorney Approved Version #04/03/02 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name William Plummer Name Mona DeLeon Title Deputy City Engineer Title Principal Dept Public Works-Engineering Design CITY OF CARLSBAD LSA ASSOCIATES, INC. Address 1635 Faraday Avenue Address 703 Palomar Airport Road, Suite 260 Carlsbad, CA 92008 Carlsbad, CA 92011 Phone No. (760) 602-2768 Phone No. (760)931-5471 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 City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04/03/02 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 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 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. 6 City Attorney Approved Version #04/03/02 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 employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 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. JURISDICTIONS 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. 7 City Attorney Approved Version #04/03/02 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 or 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. City Attorney Approved Version #04/03/02 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. Executed by Contractor this CONTRACTOR: LSA ASSOCIATES, INC., a California corporation day of su CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here)3iD Maiw •or Mayor (print name/title) ATTEST: (e-mail address) By:r_X U3RRAINBM. WOO0 Clerk-^ (print name/title) (e-mail address) (Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, document must be signed by one from each column: Column A Chairman, president or vice-president Column 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.) CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney RY- ^/\l (s V C > -J^""> DT . -^ iL>C_>C\-^T -s**£ Deputy^Clty Ttftorney ^ 9 City Attorney Approved Version #04/03/02 I EXHIBIT "A" CARLSBAD MASTER.AGRKEMENT CONSULTING SKRVICK ENVIRONMENTAL PLANNING I I I I I I I I I I I I « Ensure timely completion of project deliverables. • Review project sta tus with client project manager at regular project intervals to ensure implementation of the original scope of work and harmonious functioning of all team members. Identify any potential conflicts with schedule or budget due to potential changes in scope or client direction. « Review performance with client project manager on a regular basis to make any adjustments required for successful project completion and to determine improvements for future projects. HANDLING MULTIPLE TASK ORDERS USA's depth of staffing resources beyond this core project team will enable us to respond to multiple task orders that may be requested over the 3-year period of the agreement. LSA routinely draws on staff from multiple offices to meet client needs and to ensure that the best qualified personnel are assigned to each project. Ms, Beazley and Ms. DeLeon frequently manage and participate on multi-office project teams, and have established working relationships with staff in all of LSA's disciplines. The proposed LSA team includes Ms. Escario, a Senior Planner with recent experience in San Diego County, who would be able to serve as an assistant or alternate project manager in support of concurrent task orders. Both Ms. Beazley and Ms. Escario have extensive experience working with other members of the LSA project team. 5.0 RATE SCHEDULE LSA is proposing the following schedule of fees for personnel on the project team. These rates will be used for the duration of the 3-year agreement and will be valid as specified in the contract. Fees associated with the use of subconsultants and with reimbursable expenses will be marked up 10 percent to allow for the additional costs associated with management, procurement, and billing. A fee schedule for subconsultant Ninyo & Moore is included in Attachment B. LSA HOURLY BILLING' RATES FOR KFV AND SUPPORTST\FF Staff Mona DeLeon, Principal - Environmental Planning Adrianne Beazley - Senior Environmental Planner Renee Escario - Senior Planner Brianna Wood - Environmental Planner Megan Mettee - Environmental Planner Zac Henderson, Associate - CIS Mike Trotta, Principal — Biological Resources Dan Rosie - Senior Biologist Jaime Morales - Biologist Mark Billings - Biologist Tony Chung, Principal - Air Quality/Noise Hourly Rate $ 177.38 $ 118.25 $ 129.00 S 96.75 S 96.75 $ 150.50 $ 172.00 $ 123.63 S 96.75 S 80.63 S 204.25 Stag Keith Lay, Associate Air Quality /Noise Ron Bagger - Senior Air Quality Specialist Tony Petros, Principal - Transportation/Traffic Joseph Jimenez — Transportation Engineer Pritam Deshmukh - Senior Transportation Engineer Deborah McLean, Principal - Cultural Resources Rod McLean - Senior Cultural Resources Manager Principal (range) Senior Professional (range) Professional (range) Assistant Professional (range) Hourly Kale $ 145.13 $ 118.25 S 204.25 S 107.50 j S 145.13 $ 172.00 S 155.88 S 147.00-S 288.75 $ 89.25-$ 199.50 S 73.50-S 105.00 S 52.50-$ 105.00 .STATEMENT OF QUAIJFI'CATKlNS CARLSBAD MASTER AGREEMENT CONSULTING ENVIRONMENTAL PLANNING LSA IN-HOUSE DIRECT EXPENSES Direct Expense Reproduction Color Reproduction (8.5 x 1 1) Color Reproduction (11 x 17) CD Production Plotting Unit Cost SO. 10 per page SI. 00 per page $2. 50 per page $5.00 per CD $5.00 per linear foot Direct Fvpense Mileage: Road* Mileage: Off-Road* GPS Unit Sound Meter Aerial Photos In it Cost $0.55 per mile S0.70 per mile $ 100.00 per day $75. 00 per day $200. 00 per photo * LSA will bill mileage at the current Internal Revenue Service rates. 6.0 STANDARD CONTRACT AGREEMENT LSA has reviewed and accepted the standard professional services agreement provided as Attachment A to the City's Request for Qualifications. LSA understands that the City does not intend to make any changes to the terms of this contract. EXHIBIT "A" (continued) City of Carlsbad On-Call Master Agreement Consulting Services May 8, 2009 Proposal No. S-7173 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist $ 148 Senior Engineer/Geologist/Environmental Scientist $ 141 Senior Project Engineer/Geologist/Environmental Scientist $ 137 Project Engineer/Geologist/Environmental Scientist $ 133 Certified Asbestos Consultant $ 120 Senior Staff Engineer/Geologist/Environmental Scientist $ 118 Staff Engineer/Geologist/Environmental Scientist $ 109 GIS Analyst $ 109 CSST1/LIA2/LPM3 $ 100 Nondestructive Examination Technician, UT, MT, LP* $ 98 Field Operations Manager ". $ 95 Supervisory Technician* $ 89 Pull Test Technician and Equipment* $ 85 Senior Field/Laboratory Technician* ,. $ 85 Field/Laboratory Technician* $ 85 ACI Concrete Technician* $ 85 Concrete/Asphalt Batch Plant Inspector* $ 85 Special Inspector, Reinforced Concrete* $ 85 Special Inspector, Pre-stressed Concrete* $ 85 Special Inspector, Reinforced Masonry* $ 85 Special Inspector, Structural Steel* $ 85 Special Inspector, Welding, AWS* $ 85 Special Inspector, Fireproofing* $ 85 Technical lllustrator/CAD Operator $ 75 Geotechnical/Environmental/Laboratory Assistant $ 60 Information Specialist $ 55 Data Processing, Technical Editing, or Reproduction $ 50 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES XRF Lead Analysis $ 250/day PID/FID Usage $ 120/day Air Sampling Cassettes $ 100/case Level C Personal Protective Equipment (person/day [p/d]) $ 55/day Air Sampling Pump Usage $ 45/day OTHER CHARGES Expert Witness Testimony $ 300/hr Concrete Coring Equipment (includes one technician) $ 145 /hr Special Preparation of Standard Test Specimens $ 71 /hr Inclinometer Usage $ 32/hr Vapor Emission Kits $ 30/kit Rebar Locator (Pachometer) $ 10/hr Nuclear Density Gauge Usage $ 9/hr Field Vehicle Usage $ 8/hr Asbestos Point Count Analysis (24-Hour TAT) $ 65 lea Asbestos Point Count Analysis (72-Hour TAT) $ 45 lea Asbestos Air Sample (TEM - 24-Hour TAT) $ 65 lea Asbestos Air Sample (TEM - 72-Hour TAT) $ 60 lea Asbestos Air Sample (PCM - 24-Hour TAT) $ 12 lea Asbestos Air Sample (PCM - 72-Hour TAT) $ 10/ea PLM Bulk/Soil Analysis (24-Hour TAT) $ 12 lea PLM Bulk/Soil Analysis (72-Hour TAT) $ 7.50 lea TEM Bulk Analysis (24-Hour TAT) $ 85 lea TEM Bulk Analysis (72-Hour TAT) I $ 71 lea Lead Air, Dust Wipe, and Paint Chip Analysis (24-Hour TAT) $ 12 ea City of Carlsbad On-Call Master Agreement Consulting Services May 8, 2009 Proposal No. S-7173 ^^1 i ^^j i Direct Project Expenses Laboratory testing, geophysical equipment, and other special equipment provided upon request. Overtime rates will be charged at 1.5 times the normal hourly rate. Cost plus 10% NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. 'Indicates rates that are based on the 2008 Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. 1. CSST = Certified Site Surveillance Technician 2. LPM = Lead Project Monitor 3. LIA = Lead Inspector/Assessor I I I I I I I I I I I City of Carlsbad On-Call Master Agreement Consulting Services May 8, 2009 Proposal No. S-7173 .* SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Atterberg Limits, D 4318, CT 204 $ 145 California Bearing Ratio (CBR), D1883 $ 440 Chloride and Sulfate Content, CT417 & CT422 $ 135 Consolidation, D 2435, CT 219 $ 275 Consolidation-Time Rate, D2435, CT219 $ 70 Direct Shear-Remolded, D 3080 $ 290 Direct Shear-Undisturbed, D 3080 $ 250 Durability Index, CT 229 $ 150 Expansion Index, D4829, UBC18-2 $ 165 Expansion Potential (Method A), D 4546 $ 145 Expansive Pressure (Method C), D4546 $ 145 Geofabric Tensile and Elongation Test, D 4632 $ 165 Hydraulic Conductivity, D 5084 $ 300 Hydrometer Analysis, D 422, CT203 $ 190 Moisture, Ash, & Organic Matter of Peat/Organic Soils $ 110 Moisture Only, D 2216, CT 226 $ 30 Moisture and Density, D 2937 $ 39 Permeability, CH, D 2434, CT 220 $ 230 pH and Resistivity, CT 643 $ 140 Proctor Density D 1557,0 698, CT 216, & $ 180 AASHTO T-180 (Rock corrections add $80) R-value, D2844, CT301 $ 250 Sand Equivalent, D 2419, CT 217 $ 90 Sieve Analysis, D 422, CT 202 $ 110 Sieve Analysis, 200 Wash, D1140, CT202 $ 90 Specific Gravity, D 854 $ 90 Triaxial Shear, C.D, D 4767, T 297 $ 390 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt. .$ 330 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt. $ 190 Triaxial Shear, U.U., D 2850 $ 140 Unconfined Compression, D 2166, T 208 $ 100 Wax Density, D1188 $ 90 Roofing Built-up Roofing, cut-out samples, D2829 $ 165 Roofing Materials Analysis, D 2829 $ 500 Roofing Tile Absorption, (set of 5), UBC 15-5 $ 190 Roofing Tile Strength Test, (set of 5), UBC 15-5 $ 190 Masonry Brick Absorption, 24-hour submersion, C 67 $ 45 Brick Absorption, 5-hour boiling, C 67 $ 55 Brick Absorption, 7-day, C 67 $ 60 Brick Compression Test, C 67 $ 45 Brick Efflorescence, C 67 $ 45 Brick Modulus of Rupture, C 67 $ 40 Brick Moisture as received, C 67 $ 35 Brick Saturation Coefficient, C 67 $ 50 Concrete Block Compression Test, 8x8x16, C 140 $ 60 Concrete Block Conformance Package, C 90 $ 440 Concrete Block Linear Shrinkage, C 426 $ 120 Concrete Block Unit Weight and Absorption, C 140 $ 55 Cores, Compression or Shear Bond, CA Code $ 55 Masonry Grout, 3x3x6 prism compression, UBC 21-18 $ 30 Masonry Mortar, 2x4 cylinder compression, UBC 21-16 $ 30 Masonry Prism, half size, compression, UBC 21-17 $ 110 Concrete Cement Analysis Chemical and Physical, C109 $ 1,650 Compression Tests, 6x12 Cylinder, C 39 $ 22 Concrete Mix Design Review, Job Spec $ 140 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI $ 750 Concrete Cores, Compression (excludes sampling), C42 $ 55 Drying Shrinkage, C 157 $ 250 Flexural Test, C 78 $ 50 Flexural Test, C 293 $ 55 Flexural Test, CT 523 $ 60 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI $ 250 Jobsite Testing Laboratory Quote Lightweight Concrete Fill, Compression, C 495 $ 40 Petrographic Analysis, C 856 $ 1,100 Splitting Tensile Strength, C 496 $ 80 Reinforcing and Structural Steel Fireproofing Density Test, UBC 7-6 '. $ 55 Hardness Test, Rockwell, A-370 $ 50 High Strength Bolt, Nut & Washer Conformance, set, A-32 $ 120 Mechanically Spliced Reinforcing Tensile Test, ACI $ 95 Pre-Stress Strand (7 wire), A 416 $ 140 Chemical Analysis, A-36.A-615 $ 120 Reinforcing Tensile or Bend up to No. 11.A615& A706 $ 50 Structural Steel Tensile Test: Up to 200,000 Ibs. (machining extra), A 370 $ 70 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI $ 55 Asphalt Concrete Asphalt Mix Design, Caltrans $ 2,200 Asphalt Mix Design Review, Job Spec $ 150 Extraction, % Asphalt, including Gradation, D 2172, CT310 $ 215 Film Stripping, CT 302 $ 100 Hveem Stability and Unit Weight CTM or ASTM, CT366 $ 195 Marshall Stability, Flow and Unit Weight, T-245 $ 215 Maximum Theoretical Unit Weight, D 2041 $ 120 Swell, CT 305 $ 165 Unit Weight sample or core, D2726, CT308 $ 90 Aggregates Absorption, Coarse, C 127 $ Absorption, Fine, C 128 $ Clay Lumps and Friable Particles, C 142 $ Cleanness Value, CT 227 $ Crushed Particles, CT 205 $ Durability, Coarse, CT 229 $ Durability, Fine, CT 229 $ Los Angeles Abrasion, C 131 or C 535 $ Mortar making properties of fine aggreg ate, C 87 »*.........$ Organic Impurities, C40 $ Potential Reactivity of Aggregate (Chemical Method), C 289 $ Sand Equivalent, CT 217 $ Sieve Analysis, Coarse Aggregate, C 136 $ Sieve Analysis, Fine Aggregate (including wash), C136 $ Sodium Sulfate Sound ness (per size fraction), C 88 $ Specific Gravity, Coarse, C 127 $ Specific Gravity, Fine, C 128 $ 35 35 100 120 140 130 130 180 275 55 390 90 105 105 160 75 85 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.