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Home My WebLink AboutLSA Associates Inc; 2020-12-21; PSA21-1351TRANPSA21-1351TRAN City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CARLSBAD BOULEVARD AND ENCINAS CREEK CORREGATED METAL PIPE (CMP) REPLACEMENT SERVICES LSA ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 20___, by and between the City of Carlsbad, a municipal corporation, ("City"), and LSA Associates, Inc., a California corporation, ("Contractor”). RECITALS A. City requires the professional services of a biological resources survey, mapping and reporting consultant. B. Contractor has the necessary professional experience in providing biological resources surveying, mapping and letter reporting services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in 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 four (4) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed four thousand six hundred dollars ($4,600). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City 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 City. Contractor will be under the control of City only as to the results to be accomplished. 5. 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 attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. DocuSign Envelope ID: BD997A76-F361-43D5-88F3-BE6048885977 December 21st 20 PSA21-1351TRAN City Attorney Approved Version 6/12/18 2 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 Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City 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 the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Jason Evans Name Jaime Morales Title Associate Engineer Title Project Manager Department Public Works Address 703 Palomar Airport Road, Ste 280 City of Carlsbad Carlsbad, CA 92011 Address 1635 Faraday Avenue Phone No. (760) 931-5471 Carlsbad, CA 92008 Email jaime.morales@lsa.net Phone No. 760-268-4795 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. 8. 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 categories. Yes☒ No ☐ 9. 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. DocuSign Envelope ID: BD997A76-F361-43D5-88F3-BE6048885977 PSA21-1351TRAN City Attorney Approved Version 6/12/18 3 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City 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. 11. 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 the City of Carlsbad to terminate this Agreement. 12. 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. 13. 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 City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: BD997A76-F361-43D5-88F3-BE6048885977 PSA21-1351TRAN City Attorney Approved Version 6/12/18 4 15. 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Mike Trotta, Chairman (print name/title) By: (sign here) Nicole Dubois, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: Assistant City Attorney DocuSign Envelope ID: BD997A76-F361-43D5-88F3-BE6048885977 PSA21-1351TRAN City Attorney Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: BD997A76-F361-43D5-88F3-BE6048885977 LSA is a business name of LSA Associates, Inc. 11/18/20 (C:\Users\JMorales\OneDrive ‐ LSA Associates\Desktop\Proposals\AAA617‐Encinas CMP Replacement.docx) CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO 703 Palomar Airport Road, Suite 280, Carlsbad, California 92011 760.931.5471 www.lsa.net November 18, 2020 Jason Evans, PE, QSD/P City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Via email: jason.evans@carlsbadca.gov Subject: Proposal for Environmental Consulting Services in Support of the Carlsbad Boulevard at Encinas Creek CMP Replacement Project Dear Mr. Evans: LSA hereby submits this proposal for environmental consulting services. Specifically, LSA proposes to conduct a biological resources survey and prepare a brief letter report in support of the subject project at the intersection of Carlsbad Boulevard and Encinas Creek in the City of Carlsbad (City), San Diego County, California. SCOPE OF SERVICES: BIOLOGICAL RESOURCES ASSESSMENT Task 1: Biological Resources Survey and Mapping Prior to conducting the field survey, LSA will review the California Department of Fish and Wildlife California Natural Diversity Database, California Native Plant Society database of rare plants, the Carlsbad Habitat Management Plan (HMP), and other appropriate sources to identify special‐status species or other resources with the potential to occur within, or in the vicinity of, the project study area. LSA will conduct a pedestrian survey of the entire project study area and map vegetation communities according to the HMP vegetation classifications. LSA will also identify the boundary of the nearest resource agency jurisdictional aquatic resources and riparian habitat for avoidance during project design. LSA will use a field map containing a recent aerial photograph base overlaid with project‐level topographic data and study area boundaries to record vegetation communities and aquatic resources limits on site, which will then be digitized using geographic information systems software. LSA will assess the potential for special‐status species to occur on site. Task 2: Biological Resources Letter Report LSA will prepare a brief biological resources letter report. The report will address the biological resources present within the project study area, the relative sensitivity of any resources, proposed impacts to biological resources, and potential mitigation requirements for impacts to resources. LSA will summarize the results of the database search along with other information obtained during field survey. Recommendations for further surveys and/or mitigation to avoid impacts to special‐status species will be included in the letter. Budget for this task allows for analysis of impacts to biological resources for one conceptual design footprint provided by you or the design team in digital format. LSA will submit the draft letter report to you in electronic format for review. Upon completion of DocuSign Envelope ID: BD997A76-F361-43D5-88F3-BE6048885977 11/18/20 (C:\Users\JMorales\OneDrive ‐ LSA Associates\Desktop\Proposals\AAA617‐Encinas CMP Replacement.docx) 2 review and upon receipt of one set of consolidated comments, LSA will incorporate appropriate comments and finalize the letter report. Budget for this task allows for one round of revisions. ESTIMATED BUDGET Task Cost Task 1: Biological Resources Survey and Mapping $700 Task 2: Biological Resources Letter Report $3,900 TOTAL $4,600 LSA proposes to conduct the services described above on a time‐and‐materials basis for $4,600. LSA will not exceed this amount without your prior authorization. If you are in agreement with the terms and conditions of this proposal, please provide written authorization to proceed. Sincerely, LSA ASSOCIATES, INC. Jaime Morales Senior Biologist Attachment: Billing Rates DocuSign Envelope ID: BD997A76-F361-43D5-88F3-BE6048885977 JUNE 2020 SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES L:\CORP\Contract rev 060120.docx «06/01/20» 4 HOURLY BILLING RATES EFFECTIVE JUNE 2020 Job Classification Hourly Rate Range1,2 Planning Environmental Transportation Air/Noise Cultural/ Paleontological Resources Biology GIS Principal Principal Principal Principal Principal Principal Principal $175–390 Associate Associate Associate Associate Associate Associate Associate $125–245 Senior Planner Senior Environmental Planner Senior Transportation Planner/Engineer Senior Air Quality/Noise Specialist Senior Cultural Resources Manager/ Paleontologist Senior Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Senior GIS Specialist $115–220 Planner Environmental Planner Transportation Planner/Engineer Air Quality/ Noise Specialist/ Climate Change Specialist Cultural Resources Manager Archaeologist/ Architectural Historian/ Paleontologist Biologist/Botanist/ Wildlife Biologist/ Ecologist/Soil Scientist/ Herpetologist/ Arborist GIS Specialist $85–150 Assistant Planner Assistant Environmental Planner Assistant Transportation Planner/Engineer Air Quality/ Noise Analyst Cultural Resources Analyst Assistant Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Assistant GIS Specialist $85–100 Field Services Senior Field Crew/Field Crew $80–100 Office Services Graphics $115–150 Marketing $75–125 Office Assistant $65–115 Project Assistant $70–145 Research Assistant/Intern $50–80 Word Processing/Technical Editing $95–125 1 The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications. 2 Hourly rates are subject to review at least annually, on or about June 1 of each year, and may be adjusted to reflect changing labor costs at LSA’s discretion at that time. LSA IN-HOUSE DIRECT COSTS EFFECTIVE JUNE 20201 Description Unit Cost Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page GPS Unit $75.00 per day Reproduction (8.5 x 11) Color $0.40 per page Total Station Surveying Instrument $50.00 per day Reproduction (11 x 17) B/W $0.10 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) Color $0.75 per page Laser Rangefinder $25.00 per day CD Production $5.00 per CD Sound Meter $75.00 per day USB Flash Drive $5.00 per drive Sound Meter with Velocity Transducer $85.00 per day Plotting $3.75 per sq ft Aerial Photo Cost Aerial Drone $200.00 per day Boat Rental $125.00 per day Mileage On-Road Current federal rate Water Quality Meter $25.00 per day Mileage Off-Road Current federal rate Night Vision Goggles $50.00 per unit per night 1 Direct costs shall be reimbursed at cost plus 10 percent. DocuSign Envelope ID: BD997A76-F361-43D5-88F3-BE6048885977 INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Fire Insurance Co of Hartford The Continental Insurance Company Tokio Marine Specialty Insurance Co. Valley Forge Insurance Company 10/28/2020 Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC 1 Polaris Way #300 Aliso Viejo, CA 92656 Simson Soetanto 949-900-1211 858-452-7530 simson.soetanto@marshmma.com LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine, CA 92614 INSURED: POLICY #: POLICY PERIOD: TO LSA Associates, Inc. 6081697256 09/30/2020 09/30/2021 © 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned by __________________________________________ WC 00 03 13 (Ed. 4-84) Where required by written contract signed prior to loss INSURED: POLICY #: POLICY PERIOD: TO LSA Associates, Inc. 6081697242 09/30/2020 09/30/2021 It is understood and agreed that this endorsement amends the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1.Numberofdaysadvance notice: 10 Days if we cancel for non-payment of premium. 30 Days if the policy is cancelled for any other reason,or if coverage is restricted or reduced by endorsement. 2.Person or Organization’s Name and Address Name: Attention: Street Address: City,State,ZIP: e-mail address: All other terms and conditions of the Policy remain unchanged. ©Copyright CNA All Rights Reserved. NOTICE OF CANCELLATION OR MATERIAL CHANGE – DESIGNATED PERSON OR ORGANIZATION INSURED: POLICY #: POLICY PERIOD: TO 09/30/2020 09/30/20216081697225 LSA Associates, Inc. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 INSURED: POLICY PERIOD: POLICY #: TO: LSA Associates, Inc. 6081697256 09/30/2020 09/30/2021 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 This endorsement modifies insurance provided under the WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY: In the event of cancellation or material change that reduces or restricts coverage during the policy period, we agree to send prior written notice in the manner prescribed, to the person or organization listed in the Schedule. SCHEDULE 1. Number of days advance notice: For nonpayment of premium: 30 For any other reason: 30 2. Name & Address of Person or Organization: All other terms and conditions of the policy remain unchanged. ©Copyright CNA All Rights Reserved. INSURED: POLICY #: POLICY PERIOD: TO LSA Associates, Inc. 09/30/202109/30/20206081697242 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: I.In the event of cancellation of this coverage during the policy period for a reason other than nonpayment of premium, the Insurer agrees to mail prior written notice of cancellation to: SCHEDULE Name Address Number of Days Advanced Notice II.If this Endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY, then the bolded term “policy period”is deleted in its entirety and replaced with the term “policy period”. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. CHANGES – NOTICE OF CANCELLATION ENDORSEMENT 30 ©Copyright CNA All Rights Reserved. Form No: CNA75525XX (03-2015) Underwriting Company: UWCOMP, UWADDR1 UWADDR2, UWCITY, UWSTATE UWZIP INSURED: POLICY #: POLICY PERIOD: TO LSA Associates, Inc. 09/30/2020 09/30/20216081697273 c/o EXIGIS Insurance Compliance ServicesCity of Carlsbad/CMWD