HomeMy WebLinkAboutLSA Associates Inc; 2014-04-24; UTIL1081UTIL1081
AGREEMENT FOR BIOLOGICAL SURVEY SERVICES
(LSA ASSOCIATES, INC.)
:NT is made and entered into as of the e^y/^ day of
2014, by and between the CARLSBAD MUNICIPAL
WATER 0ISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad, ("CMWD"), and LSA ASSOCIATES, INC., a
California corporation ("Contractor").
RECITALS
CMWD requires the professional services of an environmental consulting firm that is
experienced in biological surveys and reports. Contractor has the necessary experience in
providing these professional services, has submitted a proposal to CMWD and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be five thousand nine hundred dollars
($5,900). 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 the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of CMWD. Contractor will be under the control of
CMWD only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD 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 CMWD incurs
or makes to or on behalf of an injured employee under the CMWD'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 ofthis Agreement.
General Counsel Approved Version 1/30/13
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance,
and professional liability insurance from an insurance company authorized to transact the
business of insurance in the State of California which has a current rating in the Best's Key
Rating guide of at least A-:VII OR 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", in an amount of not less than one million dollars ($1,000,000) each, unless
othenwise authorized and approved by the Risk Manager or the Executive Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to CMWD by certified mail. CMWD will be
named as additional insured on General Liability which shall provide primary coverage to
CMWD. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD,
prior to CMWD's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
CMWD or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time
of termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650,
et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for CMWD to terminate this
Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any
disputes between the parties arising out of this Agreement is the State Superior Court, San Diego
County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of CMWD.
13. AMENDMENTS
This Agreement may be amended by mutual consent of CMWD and Contractor. Any
amendment will be in writing, signed by both parties, with a statement of estimated changes in
charges or time schedule.
General Counsel Approved Version 1/30/13
14. 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)
Robert H. McCann / President
(print name/title)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary District of the City of Carlsbad
Mr^xccutivc Manager or Director
Jim Howell
tere)
Firoz Jamal>CFO^
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
General Counsel Approved Version 1/30/13
LSA
EXHIBIT A
LSA ASSOCIATES. INC.
PACIFIC CENTER BERKELEY FRESNO RIVERSIDE
703 PALOMARAIRPORT RD.. SUITE 260 760.931.5471 TEL COLMA PALM SPRINGS ROCKLIN
CARLSBAD, CALIFORNIA 9201 1 7 6 0. 91 8.2 4 58 FAX FT. COLLINS PT. RICHMOND S AN LU IS O B IS P O
March 31, 2014
Mr. Mark Biskup
City of Carlsbad
1635 Faraday Avenue
Carlsbad, Califomia 92008
Subject: Proposal for Protocol Coastal Califomia Gnatcatcher Surveys, Maerkle Reservoir
Hydroelectric Facility, City of Carlsbad, San Diego County, Califomia
Dear Mr. Biskup:
LSA Associates, Inc. (LSA) is pleased to provide you vk'ith this proposal to conduct protocol coastal
Califomia gnatcatcher {Polioptila californica californica) surveys at the Maerkle Reservoir, City of
Carlsbad, San Diego County, Califomia (see Site Plan 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 (Febmary 15
through August 30).
SCOPE OF WORK
Task 1: Protocol Coastal California Gnatcatcher Surveys
In areas with coastal sage scmb or other suitable habitat for coastal Califomia gnatcatcher
(gnatcatcher), protocol surveys will be necessary to determine whether this species is present. Suitable
habitat on site and surrounding the project site (up to 500 feet, depending on presence of suitable
habitat in surrounding area) will be surveyed by a permitted LSA biologist pursuant to the United
States Fish and Wildlife Service (USFWS) survey protocol for gnatcatcher issued on Febmary 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 (Febmary 15 to August 30),
between 6 a.m. and noon, at least one week apart. The last of the surveys shall be conducted no more
than 3 days prior to initiation of constmction. 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 Califomia Department of Fish and Game (CDFG).
To the extent that these data can be obtained through field observations, LSA will provide the number,
age/life stage (adult, independent juvenile, dependent juvenile, recently fledged juvenile, nestling,
unknown), sex, and/or color band information (from top to bottom and from left to right) if any.
Incidental observations of nesting birds or migratory bird species (including raptors and riparian
species) will be documented during the field visits and included in the letter report.
If nests of listed birds, migratory birds, raptors, or other sensitive species are located, the LSA biologist
will establish a buffer around active nests (in accordance with the HMP and site plans, attached).
PLANNING I ENVIRONMENTAL SCIENCES 1 DESIGN
LSA ASSOCIATES. INC.
Task 2: Report
The report will include a list of animal species detected on the site and a general description ofthe
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).
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.
Please note that if the project site, or surrounding area (within 500 feet ofthe project site) is
determined to be occupied by listed bird species, noise monitoring could be required. If further noise
monitoring or reporting is required additional scope and budget for continued monitoring and analysis
can be provided.
COST ESTIMATE
LSA estimates a maximum budget of $5,590 which includes labor and reimbursable expenses, will be
necessary to complete the protocol survey work and optional noise monitoring task specified in this
proposal. Reimbursable expenses include mileage, equipment use, production, etc.
LSA will commence work on an hourly basis, in accordance with the contract provided by the City of
Carlsbad, upon execution ofthe contract. The estimate of fees by task is as follows:
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proposal.doc)
LSA ASSOCIATES, ING.
Task Estimated Budget
Task 1: Protocol Coastal California Gnatcatcher Surveys $2,990
Task 2: Report $2,300
Reimbursable expenses $300
TOTAL $5,590
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 conceming the
contents of this proposal, please do not hesitate to contact me at (760) 931-5471.
Sincerely,
LSA ASSOCIATES, INC.
Brianna Pilkinton
Senior Environmental Planner
Attachments: Site Plan
LSA Staff Resources
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proposal.doc)
LSA LSA ASSOCIATES, INC.
PACIFIC CENTER
703 PALOMAR AIRPORT RD.. SUITE 260
CARLSBAD. CALIFORNIA 9201 1
760.931.5471 TEL
760.918.2458 FAX
BERKELEY
COLMA
FT. COLLINS
FRESNO
PALM SPRINGS
PT. RICHMOND
RIVERSIDE
ROCKLIN
SAN LUIS OBISPO
LSA STAFF RESOURCES
Name Title/(Hourly Billing Rate) Project Role
Mike Trotta Principal ($200) Principal-In-Charge; document review
Brianna Pilkinton Senior Environmental
Planner($110)
Project Manager, team coordination, document
review
Ingri Quon Associate Biologist ($130) Permitted biologist to conduct coastal Califomia
gnatcatcher surveys
Justin Roos GIS Specialist ($130) Geographic Information Systems
Steve Dong Editor ($100) Word processing and editing
PLANNING 1 ENVIRONMENTAL SCIENCES I DESIGN