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Home My WebLink AboutLSA Associates Inc; 2023-08-01; PSA24-2261UTILPSA24-2261UTIL City Attorney Approved Version 6/30/2023 Page 1 of 8 AGREEMENT FOR NORTH AGUA HEDIONDA ENVIRONMENTAL CONSULTING SERVICES LSA ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and LSA Associates, Inc., a California corporation ("Contractor”). RECITALS City requires the professional services of an environmental consulting services consultant that is experienced in environmental consulting services. Contractor has the necessary experience in providing these professional services, 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 three (3) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be five thousand dollars ($5,000). 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. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. DocuSign Envelope ID: 2A72B590-3579-48EE-A74D-EE4C075B966A 1st August PSA24-2261UTIL City Attorney Approved Version 6/30/2023 Page 2 of 8 It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 5. 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. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7. 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. 8. 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. DocuSign Envelope ID: 2A72B590-3579-48EE-A74D-EE4C075B966A PSA24-2261UTIL City Attorney Approved Version 6/30/2023 Page 3 of 8 For City For Contractor Name Stephanie Harrison Name Jaime Morales Title Utilities Technical Services Manager Title Project Manager Department Public Works Address 703 Palomar Airport Road Ste. 280 City of Carlsbad Carlsbad, CA 92011 Address 5950 El Camino Real Phone No. 760-931-5471 Carlsbad, CA 92008 Email jaime.morales@lsa.net Phone No. (442)339-2310 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. 9. 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 as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 10. 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. 11. 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. 12. 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 DocuSign Envelope ID: 2A72B590-3579-48EE-A74D-EE4C075B966A PSA24-2261UTIL City Attorney Approved Version 6/30/2023 Page 4 of 8 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. 13. 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. 14. 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. 15. 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. [signatures on following page] DocuSign Envelope ID: 2A72B590-3579-48EE-A74D-EE4C075B966A PSA24-2261UTIL City Attorney Approved Version 6/30/2023 Page 5 of 8 16. 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) Vicki V. Quiram, Utilities Director, as authorized by the City Manager Anthony Petros, CEO (print name/title) By: (sign here) (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: CINDIE K. McMAHON, City Attorney By: Deputy City Attorney DocuSign Envelope ID: 2A72B590-3579-48EE-A74D-EE4C075B966A 703 Palomar Airport Road, Suite 280, Carlsbad, California 92011 760.931.5471 www.lsa.net July 11, 2023 Stephanie Harrison Utilities Technical Services Manager City of Carlsbad Public Works – Utilities Department 5950 El Camino Real Carlsbad CA 92008 Stephanie.Harrison@carlsbadca.gov Subject: Proposal for Environmental Consulting Services in Support of the North Agua Hedionda Sewer Manhole Easement Maintenance Project Dear Ms. Harrison: LSA is pleased to submit this proposal to the City of Carlsbad (City) to provide environmental consulting services in support of the North Agua Hedionda Sewer Manhole Easement Maintenance Project. Specifically, LSA proposes to provide as‐needed support to City staff during their preparation of a California Coastal Commission Coastal Development Permit (CDP) Application for the project. To that end, LSA proposes the following scope of work. SCOPE OF WORK The City’s current CDP for the project will expire in September 2023; therefore, the City has already begun preparing a new CDP application to avoid interruptions to manhole maintenance. The City is requesting that LSA provide as‐needed support in assembling the new application package. LSA will review the partially completed 2023 application form and associated attachments/exhibits for completeness. If any additional information is required, LSA will assist the City in obtaining it. This proposal includes budget for as‐needed coordination with City staff, and the provision of supplemental information and the preparation graphic exhibits for CDP application package finalization. ESTIMATED BUDGET LSA proposes to conduct the services described above on a time‐and‐materials basis in accordance with our attached billing rates for $5,000. 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. Thank you for requesting this proposal. PSA24-2261UTIL Exhibit "A" Page 6 of 8 DocuSign Envelope ID: 2A72B590-3579-48EE-A74D-EE4C075B966A LSA 7/11/23 (C:\Users\JMorales\OneDrive ‐ LSA Associates\Desktop\Proposals\NAHI CDP Support Proposal.docx) 2 Sincerely, LSA ASSOCIATES, INC. Jaime Morales Associate/Senior Biologist Attachment: Billing Rates PSA24-2261UTIL Exhibit "A" Page 7 of 8 DocuSign Envelope ID: 2A72B590-3579-48EE-A74D-EE4C075B966A PSA24-2261UTIL Exhibit "A" Page 8 of 8 DocuSign Envelope ID: 2A72B590-3579-48EE-A74D-EE4C075B966A DocuSign Envelope ID: 2A72B590-3579-48EE-A74D-EE4C075B966A ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE 9/30/2023 I DATE (MM/DD/YYYY) ~ 9/28/2022 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CONTACT NAME: 777 S. Figueroa Street, 52nd Fl. PHONE I FAX IA/C No Extl: IA/C Nol: CA License #0F15767 E-MAIL Los Angeles CA 90017 ADDRESS: (213) 689-0065 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A : The Continental Insurance Company 35289 INSURED LSA Associates, Inc. INSURER B : National Fire Insurance Co of Hartford 20478 1492002 20 Executive Park, Suite 200 INSURER c : Valley Forge Insurance Company 20508 Irvine CA 92614 INSURER D : Tokio Marine Specialty Insurance Company 23850 INSURERE : INSURERF : COVERAGES LSAAS0l CERTIFICATE NUMBER: 17532204 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n ••n,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY y y 7015505648 9/30/2022 9/30/2023 EACH OCCURRENCE $ 1.000 000 D CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED $ 1,000,000 PREMISES (Ea occurrence) X Cont. Liab. Incl. MED EXP (Any one person) $ 15.000 PERSONAL & ADV INJURY ~ s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2.000 000 Fl [K]PRO-D Loc PRODUCTS • COMP/OP AGG s 2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY y y 7015505617 9/30/2022 9/30/2023 COMBINED SINGLE LIMIT s 1.000 000 IEa accident\ f-- X ANY AUTO BODILY INJURY (Per person) $ xxxxxxx ~ OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ xxxxxxx f--AUTOS ONLY f--AUTOS HIRED NON-OWNED iP~?~~c~Je':igAMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY ~ ~ Comn./Coll. Ded s 1,000 A X UMBRELLA LIAB ~ OCCUR y y 7015505620 9/30/2022 9/30/2023 EACH OCCURRENCE s 5.000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s 5.000 000 DED I X I RETENTION s 10 000 $ xxxxxxx WORKERS COMPENSATION y I PER I I OTH-C AND EMPLOYERS' LIABILITY 7015505603 ~CA) 9/30/2022 9/30/2023 X STATUTE ER B Y/N 7015505469 AOS) 9/30/2022 9/30/2023 1.000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ 1.000 000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1.000 000 DESCRIPTION OF OPERATIONS below D Contractors Pollution & N N PPK2471137 9/30/2022 9/30/2023 $2,000,000 occ./$4,000,000 agg. Professional Liab. Ded. $50,000 retroactive date: 6/4/1976 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All work as required by written contract or agreement. City of Carlsbad is included as additional insured as respects to General Liability per attached endorsement. Primary and Non-Contributory Wording applies per attached endorsement. Cancellation provisions apply per the attached. Waiver of Subrogation applies on Workers Compensation, per the attached. CERTIFICATE HOLDER 17532204 City of Carlsbad/CMWD c/o EXlGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 NewYorkNY 10163-4668 CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD