HomeMy WebLinkAboutLSA Associates Inc; 2012-06-29; UTIL879a.
UTIL879
AGREEMENT FOR ENVIRONMENTAL SERVICES
(LSA ASSOCIATES, INC.)
HIS AGREEMENT is made and entered into as of the day of
l/W/^ 2012, by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary
D*^rict of the City of Carisbad, ("CMWD"), and LSA ASSOCIATES, INC., a California
corporation, ("Contractor").
RECITALS
A. CMWD requires the professional services of a consultant that is experienced in
preparation of environmental documents and resource agency permitting.
B. Contractor has the necessary experience in providing professional services and
advice related to environmental documentation and permitting.
C. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are deflned in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date flrst above
written. The Executive Manager may amend the Agreement to extend it for two (2) additional
one (1) year periods or parts thereof in an amount not to exceed thirty thousand dollars
($30,000) per Agreement year. Extensions will be based upon a satisfactory review of
Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of
Directors. The parties will prepare a written amendment indicating the effective date and length
of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
twenty two thousand two hundred twenty five dollars ($22,225). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD
has accepted the work and/or Services specifled in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will
be under control of CMWD only as to the result to be accomplished, but will consult with CMWD
as necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. CMWD will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not
be required to pay any workers' compensation insurance or unemployment contributions on
behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD
and the City of Carisbad within thirty (30) days for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers' compensation payment which
CMWD may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD
may deduct the indemniflcation amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
CMWD for the acts and omissions of Contractor's subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions
of persons directly employed by Contractor. Nothing contained in this Agreement will create any
contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be
responsible for payment of subcontractors. Contractor will bind every subcontractor and every
subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work
unless speciflcally noted to the contrary in the subcontract and approved in writing by CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9- INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or eariy 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-:VH", OR
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with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless the
Risk Manager or Executive Manager approves a lower amount. These minimum amounts of
coverage will not constitute any limitations or cap on Contractor's indemniflcation obligations
under this Agreement. CMWD, its officers, agents and employees make no representation that
the limits of the insurance specifled 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.
10.1.1 Commercial General Liabilitv 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 Liabilitv (if the use of an automobile is involved for Contractor's
work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
10.1.3 Workers' Compensation and Emplover's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. 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 flve years following the date of completion of the work.
I I If box is checked, Professional Liability
CMWD's Initials Cdntractor's Initials Insurance requirement is waived.
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 CMWD will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to CMWD.
10.2.2 Contractor will obtain occurrence coverage; excluding Professional Liability,
which will be written as claims-made coverage.
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 CMWD
sent by certifled mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certiflcates of Insurance and Endorsements. Prior to CMWD's execution of
this Agreement, Contractor will furnish certiflcates of insurance and endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then CMWD will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
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maintain the required coverages. Contractor is responsible for any payments made by CMWD
to obtain or maintain insurance and CMWD may collect these payments from Contractor or
deduct the amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime,
complete and certifled copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be cleariy identiflable. Contractor will allow a representative of
CMWD during normal business hours to examine, audit, and make transcripts or copies of
records and any other documents created pursuant to this Agreement. Contractor will allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement for
a period of three (3) years from the date of flnal payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1)
copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and
Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD For Contractor
Name Sherri Howard Name Brianna Pilkinton
Title Associate Engineer Title Environmental Planner/Biologist
Carisbad Municipal Water District Address 703 Palomar Airport Road, Suite 260
Address 1635 Faraday Avenue Carisbad, CA 92011
Carisbad, CA 92008 Phone No. 760-931-5471
Phone No. 760-602-2756 Email Brianna.Wood@lsa-assoc.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that the services required
by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or CMWD will reduce such questions, and
their respective views, to writing. A copy of such documented dispute will be fonA/arded 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 fonA/arded
to the Executive Manager. The Executive Manager will consider the facts and solutions
recommended by each party and may then opt to direct a solution to the problem. In such
cases, the action of the Executive Manager will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD
may terminate this Agreement for nonperformance by notifying Contractor by certifled mail of
the termination. If CMWD decides to abandon or indeflnitely postpone the work or services
contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to
Contractor. Upon notiflcation of termination. Contractor has flve (5) business days to deliver any
documents owned by CMWD and all work in progress to CMWD address contained in this
Agreement. CMWD will make a determination of fact based upon the work product delivered to
CMWD and of the percentage of work that Contractor has performed which is usable and of
worth to CMWD in having the Agreement completed. Based upon that flnding CMWD will
determine the flnal payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of CMWD, Contractor will assemble the work
product and put it in order for proper fliing and closing and deliver it to CMWD. Contractor will be
paid for work performed to the termination date; however, the total will not exceed the lump sum
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fee payable under this Agreement. CMWD will make the final determination as to the portions of
tasks completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid oi* agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, CMWD will have the right to annul this Agreement without liability, or,
in its discretion, to deduct from the Agreement price or consideration, or othenA/ise recover, the
full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD
must be asserted as part of the agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to
criminal prosecution. Contractor acknowledges that California Government Code sections
12650 et seg.. the False Claims Act applies to this Agreement and, provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include
false claims made with deliberate ignorance of the false information or in reckless disregard of
the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative
debarment proceeding as the result of which Contractor may be prevented to act as a
Contractor on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this
Agreement.
23. 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.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD and
Contractor and their respective successors. Neither this Agreement 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 CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
confiict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
LSA ASSOCIATES, INC., a California
corporation
(sign here)
(print name/title)
CARLSBAD MUNICIPAL WATER DISTRICT,
a Public Agency organized under the
Municipal Water Act of 1911 and a
Subsidiary Dis^t of the<Jiw of Carisbad
By:
President or Executive Manager
or Division Director as authorized by the
Executive Manager
By:
(sign here)
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General C/>unsel
By:
MALU K. bALL,
Assistant General Clbunsel
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EXHIBIT A
LSA LSA ASSOCIATES, INC. RIVERSIDE
PACIFIC CENTER BERKELEY FRESNO ROCKLIN
703 PALOMAR AIRPORT RD., SUITE 260 760.93 1.5471 TEL FT. COLLINS PALM SPRINGS SAN LUIS OBISPO
CARLSBAD, CALIFORNIA 92011 760.918.2458 FAX IRVINE PT. RICHMOND SOUTH SAN FRANCISCO
May 31, 2012
Ms. Sherri Howard
City of Carlsbad
1635 Faraday Avenue
Carlsbad, Califomia 92008-7314
Subject: Scope and Cost Estimate for Additional Environmental Consulting Services for the
Calavera Dam Vegetation Removal Project (LSA Proposal No. ZZZ213J1)
Dear Sherri:
At your request, LSA Associates, Inc., (LSA) hereby submits this scope and cost estimate for
additional environmental consulting services in support of the Calavera Dam Vegetation Removal
Project, in the City of Carlsbad, San Diego County, Califomia. Specifically, this proposal addresses
incorporation of changes to the project description in the Califomia Environmental Quality Act
(CEQA) documentation, finalization of CEQA documentation, assistance with agency permitting,
regulatory agency consultation, coordination and meetings with the City of Carlsbad (City), and
preparation of a conceptual mitigation plan for the Califomia Department offish and Game (CDFG).
LSA has previously completed tasks related to biological resource mapping and submitted a
Biological Resources Technical Report, a jurisdictional delineation and CDFG Assessment Report,
and a Cultural Resources Analysis and Memorandum. LSA also completed a screencheck draft ofthe
Environmental Impact Assessment (Initial Study/Mitigated Negative Declaration [IS/MND]), which
was submitted to the City July 5,2011.
The existing purchase order (PO #123801) has expired and a new PO number is requested to
accommodate newly requested tasks as well as previously authorized tasks that have not been
completed. Authorized tasks that have not yet been initiated for the project (PO#123801) include:
• Response to comments on the Public Draft IS/MND;
• Preparation of the Final IS/MND and Notice of Determination (NOD); and
• CDFG Permit Application Submittal and Coordination.
LSA expects to provide these services pursuant to its existing Master Services Agreement contract
with the City. All services approved pursuant to this proposal will be conducted on a time-and-
materials basis.
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PLANNING I ENVIRONMENTAL SCIENCES | DESIGN
LSA ASSOCIATES, INC.
SCOPE OF WORK
Task 1.0: Resource Agency Permitting
Task 1.1: California Department of Fish and Game Permit Application. An LSA permitting
specialist will prepare a Section 1602 Notification of Lake or Streambed Alteration (CDFG Form
2023 including Attachment 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. The standard permit application fee will be provided by the City and included with
submittal of the permit application package.
Task 1.2: Meetings and Coordination with the CDFG. Budget for this task allows for coordination
with the resource agency during the permitting process. One site visit and a pre-application meeting
are included in this cost estimate. Any additional site visits can be included in a separate scope and
cost estimate.
Task 2.0: Mitigation Strategy and Plan (Optional)
Task 2.1: Initial Mitigation Coordination. Due to the limited wetland and riparian resources in
Southem Califomia 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, i.e., impacts to CDFG jurisdictional habitat. Two meetings with City
staff to address mitigation strategy are included in this task.
Task 2.2: Conceptual Habitat Mitigation and Monitoring Plan (HMMP). The conceptual HMMP
will include habitat restoration measures that will address the habitat types subject to impacts. The
conceptual HMMP 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 and/or 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 HMMP will
provide the framework for the fmal compensatory HMMP. LSA will prepare a draft conceptual
HMMP of the proposed mitigation for impacts to identified jurisdictional areas, and this conceptual
HMMP will be included in the permit package for CDFG. The conceptual HMMP will be in
compliance with the City Habitat Management Plan (HMP).
Task 2.3: Final Habitat Mitigation and Monitoring Plan. Upon approval of the compensatory
HMMP by the resource agency (CDFG), LSA can prepare a final HMMP, including technical
specifications and qualification requirements suitable for landscape contractor bidding. The City
would provide signed planting and irrigation plans.
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LSA ASSOCIATES, INC.
Task 3.0: Revisions to IS/MND and Preparation ofthe Public Draft IS/MND
Task 3.1: Revisions and review of Screencheck IS/MND. LSA prepared a Screencheck Draft
IS/MND, which was submitted to the City on July 5,2011. It was subsequently reviewed by City
staff During the review process, changes were made to the project description. LSA proposes to
integrate the City's changes to the project description and the analysis included in the IS/MND. At the
City's request, one additional round of review to the screencheck draft IS/MND has been included in
this scope.
Task 3.2: Mitigation Monitoring and Reporting Program (MMRP). Following completion of
processing ofthe IS/MND, LSA will prepare an MMRP, in accordance with the City's standard
format, to implement the mitigation measures (if any) required in the IS/MND for the proposed
project. The mitigation measures will be included in a matrix check-off format for ease in tracking
implementation. One draft version of the MMRP will be submitted in digital format for the City's
review, followed by a fmal MMRP in digital format that incorporates relevant comments from City
staff
Task 3.3: Public Draft IS/MND. Upon receipt of a consolidated, non-contradictory set of comments
from City staff, LSA will revise the Screencheck Draft IS/MND as appropriate. After any required
revisions have been incorporated into the document, LSA will prepare the Draft IS/MND and will
provide the City with up to fifteen (15) copies for public review (assumes a maximum cost of $30 per
copy). The IS/MND will be circulated for a minimum 20-day public review period. In the event the
project is determined to be of areawide, regional, or Statewide significance (per CEQA §15206), the
Draft IS/MND will be submitted to the State Clearinghouse (Govemor's Office of Planning and
Research) for distribution to State agencies. In this circumstance, the document would be available
for a 30-day public review period. This scope assumes the City will distribute the Draft IS/MND to
local agencies for public review, and that submittal to the State Clearinghouse will not be required
The City will be responsible for providing notice of the availability of the IS/MND in local
newspaper(s), and for filing the necessary notices with the San Diego County Clerk. This scope and
budget assumes one round of review by the City. Additional rounds of review may be conducted
under an augment to this scope and budget.
Note: Ifthe Initial Study concludes that any significant environmental impact cannot be
mitigated to a less than significant level, an IS/MND is not the appropriate form of
environmental documentation for CEQA clearance of the proposed project. LSA will
contact the project proponent in the event this condition occurs.
Task 4.0: Responses to Comments
Upon close ofthe Draft IS/MND public review period, LSA will prepare responses to public and
agency comments on the document. Given that the number and/or extent of public comments cannot
be predicted, this scope^udget estimates up to 20 hours of staff time for preparation of responses to
written comments. Recirculation of the environmental document is not anticipated and is not included
in this fee estimate.
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LSA ASSOCIATES, INC.
LSA will formulate responses to the Draft IS/IVIND comments within two weeks of receipt of a
complete set of comments received during the public review period. Once draft responses to
comments are completed, they will be submitted to the City for review and comment. This scope
includes one round of review by the City. As required, the Draft IS/MND will be revised to
incorporate relevant comments/data received during the public review period. Revisions to the Draft
IS/MND will be identified to facilitate subsequent review. LSA will determine whether the Draft IS/
MND requires recirculation, and the firm will provide findings/text in support of its determination per
CEQA Guidelines Section 15073.5. As stated previously, recirculation is neither anticipated nor
included in this scope. All comments received on the Draft IS/MND during the public review period,
along with responses to those comments, will be included as an Appendix to the Final IS/MND.
Task 5.0: Final IS/MND and Notice of Determination
LSA will prepare up to three (3) hard copies and one digital copy (as PDF and Microsoft Word files)
of the Final IS/MND, including the responses to comments (if any), MMRP, and supporting
documentation. This scope includes LSA attendance at up to two meetings related to approval of the
proposed project.
Subsequent to adoption of the IS/MND, LSA will provide the City with the Notice of Determination
(NOD) for submission to the County Clerk and State Clearinghouse. While LSA will prepare the
NOD, it is the responsibility ofthe City to file the NOD with the County Clerk and State
Clearinghouse. It should be noted that failure to file the NOD within five business days of project
approval could substantially increase the period in which the project approval may be legally
challenged. LSA will complete applicable forms to comply with AB 3158 (CDFG filing fees) and
will provide them to the City for filing.
This cost estimate does not include any public noticing ofthe environmental document in the
newspaper(s), filing of the NOD with the County Clerk and State Clearinghouse, or payment ofthe
fees to the County and/or CDFG.
BUDGET ESTIMATE
We propose to accomplish the above-detailed tasks on an hourly basis, consistent with our master
services agreement. We estimate that a budget of $13,155 will be required to complete the work effort
associated with the non-optional tasks (revisions to screencheck IS/MND, finalization of IS/MND,
and resource agency permit submittal). A budget of $22,225 is required to complete the work effort
including the optional mitigation strategy and plan. This estimate will not be exceeded without prior
authorization.
Task Budget
Task 1.0: Resource Agency Permitting
1.1: CDFG Permit Application
1.2: Resource Agency Meetings and Coordination
$ 2,330
$ 1,210
$ 1,120
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LSA ASSOCIATES, INC.
Task Budget
Task 2.0: Mitigation Strategy and Plan (Optional)
2.1: Mitigation Strategy
2.2: Conceptual Mitigation Plan
2.3: Final Compensatory Mitigation Plan
$ 9,070
$ 1,060
$ 3,770
$ 4,240
Task 3.0: Revisions to IS/MND
3.1: Revisions to Screencheck Draft IS/MND
3.2: MMRP
3.3: Public Draft IS/MND
$ 6,985
$ 2,840
$ 1,415
$ 2,730
Task 4.0: Response to Comments $ 2,120
Task 5.0: Final IS/MND $ 1,720
Reimbursables $ 485
TOTAL with Optional Tasks
TOTAL without Optional Tasks $ 13,155
SCHEDULE
Revisions to the Screencheck Draft IS/MND for the proposed project can be completed within 2
weeks of the receipt of all relevant and required project-specific information. LSA will make every
effort to provide the revised Screencheck Draft IS/MND to the City by June 8,2012 for intemal City
review. Resource Agency Permits typically take between 6 weeks and 6 months to be approved.
Thank you for allowing LSA the opportunity to submit this scope and cost estimate for your proposed
project. If you require additional information, you may contact me at (760) 931-5471.
Sincerely,
LSA ASSOCIATES, INC.
Brianna Pilkinton
Environmental Planner/Biologist
(5/31/2012) P:\HCR1102 - Calavera Dam Routine Maintenance\Project Management\ZZZ213Jl-Revised Scope_5-29-12.doc