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HomeMy WebLinkAboutEnvironmental Science Associates; 2017-07-12; TRAN1571TRAN1571 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 10 PROJECT NO. 3338, 5049 and 6604 This tenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Environmental Science Associates, ("Contractor") a California corporation, and the City of Carlsbad, ("City") dated July 20, 2017, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Project Management in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated March 18, 2020, (“proposal”), attached as Appendix "A" for Environmental Management Services, (the “Project"). The Project services shall include Environmental project management, including the oversight and monitoring of consultants and contractors, to ensure maintenance and monitoring activities are completed in compliance with engineering transportation project permits. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred and sixty (260) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master 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 work days. 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 DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D April 3, 2020 TRAN1571 City Attorney Approved Version 7/19/17 2 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 $70,573. TABLE 1 FEE ALLOTMENT PROJECT MANAGEMENT OF ENVIRONMENTAL MAINTENANCE AND MITIGATION PROJECTS WITHIN THE ENGINEERING TRANSPORTATION DIVISION TASK GROUP TIME & MATERIALS 3338 - Agua Hedionda Creek Channel Maintenance $13,966 1636312 - Buena Vista Creek Channel Maintenance District $16,678 5049 - Calavera Dam Vegetation Maintenance and Associated Mitigation Site $25,755 6604- Romeria Mitigation Sites $14,174 TOTAL (Not-to-Exceed) $70,573 CONTRACTOR Environmental Science Associates Environmental Science Associates (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Bobbette Biddulph, Senior Vice President (print name/title) (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Geoff Patnoe, Assistant City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D April 3, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D City of Carlsbad Environmental Management Services Program 2020 Task Order Under a Master Agreement for Professional Environmental Services (TRAN1571) executed in June 2017, Environmental Science Associates (ESA) is providing services for the City of Carlsbad (City) Environmental Management Services (EMS) Program. The term of the Master Agreement is effective until November 30, 2021. Under this Agreement, ESA provided services via task orders (purchase orders) during the latter half of 2017, 2018, and early 2019 to early 2020. This current task order is for services for four projects during 2020. Proposed services will be provided by ESA. The ESA team under this Master Agreement includes as-needed subcontractors Rocks Biological Consulting (for supplemental biological services), D&D Wildlife Habitat Restoration (for vegetation- related field services and input on construction related issues), and Lewis & Brisbois (for real estate and legal support services). Services from these team members can be provided upon request by the City. Period of Performance The period of performance for ESA for this task order will be in effect for one year from its authorization date. After the completion of this period of performance, the City has the option of amending the agreement and extending the period of performance or issuing new task orders for services through 2021. Scope of Work Overview The scope of work includes work that will be conducted on regular intervals in addition to as-needed services requested by the City. The EMS Program projects include vegetation maintenance projects and habitat restoration/mitigation projects but can include support on other types of projects as requested by the City. ESA will work with and for the City (fulfilling a role similar to adjunct staff) and the overall project scope will primarily involve: (1) information additions and maintenance of the EMS Program database; (2) monitoring and management of consultants and contractors to ensure they are fulfilling their contract/scope requirements and are completing tasks within budget and schedule; (3) oversight of permit compliance and payment of fees by the City, facilitating permit sign-off, and assisting with permit applications and obtaining permits for new projects; and (4) providing project management services and preparation of documents as requested by the City. Provided below is a review of the four projects followed by a review of anticipated work. The four projects include: Agua Hedionda Creek Channel Maintenance; Buena Vista Creek Channel Maintenance; Lake Calavera Dam Maintenance and Lake Calavera Dam Vegetation Maintenance Mitigation (combined as one project); and Romeria Channel Improvements Mitigation (including La Costa Slope Repair). Projects and Scope of Work Tasks Project Task 1: Agua Hedionda Creek Channel Maintenance The Agua Hedionda Creek Channel Maintenance project is being conducted within Agua Hedionda Creek channel between Cannon Road and El Camino Real Bridges. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The current maintenance activities are necessary to reduce flooding potential of public infrastructure and upstream residences. Maintenance activities consist of routine monthly maintenance and trash removal. Annually, approximately 1.0-acre of vegetation is removed from the channel. Currently the project does not include dredging. DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D The project was approved and is operating under a California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (SAA) (Notification No. #1600-2013-0302-R5) issued in 2014. The initial term of the SAA expired in August 15, 2019. The City received an extension in August 2019 which extended the SAA five years until August 15, 2024. The City approved this project and a larger stream restoration project as EIR 04-02(A)/CDP 06- 04x1(A)/SUP 06-02x1(A) – Agua Hedionda and Calavera Creeks. Mitigation for impacts to the channel were permanently mitigated for through the purchase of mitigation credits including a combination of creation/restoration and enhancement at the North County Habitat Bank (NCHB) at a 2:1 replacement ratio. Project Task 2: Buena Vista Creek Channel Maintenance The Buena Vista Creek Channel Maintenance District project (Buena Vista Channel Maintenance) is conducted within Buena Vista Creek Channel between Jefferson Street and South Vista Way Bridges. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The maintenance program has been designed to provide flood conveyance and protection for up to a 20-year storm event. Maintenance activities consist of routine vegetation removal at three outfall outlets and trash removal. Annually, vegetation is cleared from different portions of the channel. The site is within the ‘Standards Area’ of the City of Carlsbad (City) Habitat Management Plan (HMP). The maintenance program will be entering its sixteenth (17th) year in 2020. The City originally approved the Buena Vista Channel Maintenance project by an Environmental Impact Report (EIR) (EIR 02-03) that covered the first ten (10) years of the program. Since that time, the project has been covered by a Supplemental EIR (SEIR) (SEIR 02-03A). The City applied for permits and the project was approved and is operating under a CDFW SAA (SAA Notification No. # 1600-2013-0135-R5), and a California Coastal Commission (CCC) permit (CDP 6-13-0713). The City received an extension in September 2019 which extended the SAA five years until November 30, 2024. In addition, the City received an amendment in April 2019 which extended the CCC permit five years until June 17, 2024. Project Task 3: Lake Calavera Dam Maintenance Project & Lake Calavera Dam Mitigation Sites Lake Calavera Dam Vegetation Maintenance. The Lake Calavera Dam Vegetation Maintenance project requires removal of vegetation from the dam and spillway to allow for visual inspection and to maintain a clear spillway to comply with the State of California Division of Safety of Dams (DSOD) requirements. The project site is located at the southwestern end of Lake Calavera, off Tamarack Avenue. The parcel encompassing the Lake Calavera Reservoir is owned by the City and the Carlsbad Municipal Water District (CMWD) operates and maintains the dam. CMWD no longer needs the reservoir for drinking water purposes and the dam is functioning as a storm water retention facility. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The project occurs within the City’s HMP Preserve Hardline area (i.e., within the Lake Calavera Preserve). Maintenance activities consists of quarterly removal (unless the City requests that the contractor conduct additional maintenance events) of approximately 2.4 acres of vegetation. A Mitigated Negative Declaration (EIA 11-02) was filed for the project and a Notice of Determination filed with the San Diego County Recorded December 18, 2012. A CDFW SAA (Notification No. # 1600-2013-0241-R5) was issued on January 22, 2016 which expires on January 15, 2026. Lake Calavera Dam Vegetation Maintenance Mitigation Sites. The Lake Calavera Dam Vegetation Maintenance Mitigation Sites are comprised of three areas in the northeastern portion of the Lake Calavera Preserve. The areas DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D were selected for removal of non-native palm trees, in addition to several other species of non-native trees, followed by native habitat restoration. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The three areas occur approximately 3,600 feet northeast of Calavera Dam and south of Lake Boulevard within the City’s HMP Preserve Hardline area. The three areas provide 0.773 acre of riparian scrub and freshwater marsh restoration and enhancement and 0.015 acre of riparian scrub creation. Installation of the sites was completed on November 17, 2016 and the 120-day ended on March 14, 2017. The project is now in post-installation Year 4 (i.e., Year 3 ended March 13, 2020) of a 5-year maintenance and monitoring period. The requirement for project mitigation is included in the same CDFW permit issued for the dam vegetation maintenance (CDFW SAA Notification No # 1600-2013-0241-R5) which was issued on January 22, 2016 and expires January 15, 2026. Project Task 4: Romeria Channel Improvements Mitigation Sites (including La Costa Avenue Slope Repair) The Romeria Channel Improvements Mitigation project (Romeria Channel) includes three mitigation sites, two are located offsite at the Lake Calavera Preserve totaling approximately 0.70 acre (0.15 acre of mitigation credit) and the third is located on-site at the Romeria Channel site which totals approximately 0.60 acre (0.07 acre of mitigation credit). Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The Lake Calavera wetland creation site (0.058 acre of mitigation credit) is located near the northern bank of the reservoir. Installation of this site was completed in August 2010. The Lake Boulevard wetland restoration site (0.092 acre of mitigation credit), which is also in the Lake Calavera Preserve, is located south of and adjacent to Lake Boulevard. Installation of this site was completed in March 2015. The on-site Romeria wetland restoration site (0.07 acre of mitigation credit) was installed in October 2016. The 120-day plant establishment period (PEP) ended on February 22, 2017. Although the offsite areas were installed earlier than the on-site mitigation area, their maintenance and monitoring schedules have been synchronized with installation of the on-site area, such that the three sites are now in Year 4 (i.e., Year 3 ended February 22, 2020) of a 5-year maintenance and monitoring period. The City approved the Romeria Channel project via an Initial Study (Case No. HMP 09-03; August 5, 2009). The City applied for permits and the project was approved and is operating under a CDFW “Operation of Law” process (CDFW did not issue an agreement within a required timeframe and provided default approval under “Operation of Law”), a Regional Water Quality Control Board 401 Certification (No. 10C-093), and U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP) No. 3 (File No. SPL-2010-00490-PJB) (note: the same USACE letter dated March 14, 2014 provided concurrence the La Costa Avenue Slope Repair project could operate under NWP18). The La Costa Avenue Slope Repair restoration site is located west of Romeria Street along the south side of La Costa Avenue. The 0.20-acre habitat restoration site is in Year 4 of a 5-year maintenance period. Maintenance activities are being conducted by a contractor retained by the City. The City approved the La Costa Avenue Slope Repair project via HDP 10-03/HMP 10-01 August 30, 2010. The City applied for permits and the project was approved and is operating under a USACE NWP 18 (File No. SPL-2010-00490-PJB). Summary of Anticipated Work for the Four Projects Provided below is a review of anticipated work for the four projects. Since the task order includes an as-needed component, additional services and support on additional projects may be requested by the City not listed herein. DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D Database Additions and Maintenance During 2018, ESA coordinated with the City to prepare a draft database of information for the EMS program projects. The database was assembled using the Microsoft 365 program which can be viewed and used by the City and ESA. During the term of this task order, ESA will coordinate with the City to add new information (e.g., monitoring reports, updated permits, updated or new GIS data, etc.) to the database and maintain the existing files. Information and features that will be updated or added include, for example, 1 to 2-page project and permit summaries and Outlook schedule notifications regarding when permit renewals are needed, monitoring reports are due, and when other activities and/or documents (e.g., updated CEQA documentation) are needed. Assurance of Permit Compliance and Monitoring and Management of Contractor and Consultant Field Activities and Reports ESA will continue to track permit conditions and project activities to ensure permit conditions are being complied with. In particular, ESA will track project permit requirements and necessary administrative actions (e.g., fees, amendments if needed, etc.) to ensure required activities are completed on schedule. ESA has already organized permit information including: (1) authorization and expiration dates, (2) required/pending notifications and submittals (including reports and fees), and (3) listing of permit requirements. This understanding of the permit requirements is necessary to track appropriate use of resources and budget expended by consultants and contractors retained by the City. ESA in coordination with the City will manage the project contractors and consultants and perform inspections of the sites at routine intervals. ESA will schedule periodic site inspections during and after maintenance visits to document the contractor’s activities and also the condition of a site after a maintenance visit. If ESA believes a consultant or contractor is not fulfilling their scope of work or a project is not in compliance with permit conditions, ESA will notify the City and the consultant or contractor (with City concurrence) to identify potential shortcomings and recommend actions to rectify potential problems. With regard to field monitoring and reports, ESA will confirm the consultant is submitting required memos/reports and collecting annual field data correctly relative to the project and permit requirements. ESA will also review memos and draft annual reports to confirm that information is clearly presented including adherence to the project schedule and permit conditions before they are submitted to the resource agencies. If permit and project conditions are not being achieved at an interim phase and a project is partially out of compliance, ESA will verify that measures (i.e., remedial or adaptive management measures) are being taken and presented in the annual report to exhibit how compliance is being addressed and maintained. ESA will provide draft report comments and recommendations to the City. If the City agrees with ESA’s input, the consultant will be asked to revise a report before it is submitted to the agencies. Meetings and Communication with City Staff ESA will attend meetings and provide support to City staff as requested. ESA will be available to provide updates on the projects, provide technical input and answer questions, and provide recommendations and strategies for improving project implementation. During 2018, 2019 and early 2020, status meetings (usually conference calls) were held with the City approximately every two weeks. During the term of this task order, it is expected this meeting frequency will remain similar. Depending on the City’s preference, meetings can be held at an office (or via conference call) or at one or more project sites. For projects that occur within the City’s HMP Preserve Hardline area, ESA will coordinate with the City to periodically update as needed the City’s Preserve Manager, Preserve Steward (an ESA biologist), City HMP Coordinator, and City Parks and Recreation regarding project activities within the Preserve. Key elements of this coordination include confirmation with staff that the activity is warranted and properly planned, safety and access considerations have been addressed, sensitive biological resources will be protected, and appropriate monitoring and follow-up documentation will be provided. DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D ESA will coordinate with appropriate City staff (including City Police Department staff) and agencies to address illegal encampments. Illegal encampments, occupied or unoccupied, may be identified by a variety of sources, including the project consultant and contractor, ESA staff, City staff, law enforcement personnel or other public patrols, nearby public residents, etc. When an encampment is detected, ESA will document its specific location on a map and notify the City and Police Department (and additional City staff as appropriate including the City’s Preserve Manager, Preserve Steward, and Parks and Recreation Department). It is expected ESA will primarily coordinate communication regarding encampments through the City Police Department’s Homeless Outreach Team (HOT). Coordination with the Resource Agencies (primarily USACE, RWQCB, and CDFW) and As- Needed Assistance with Permitting ESA will coordinate with the resource agencies as requested by the City. ESA will be available to provide support on technical questions, regulatory issues, project negotiations (including development of appropriate mitigation conditions, if needed in the future), and documentation of progress and/or completion of permit requirements. Part of this coordination may include communication with CDFW to confirm the status of payment and receipt of permit maintenance fees for specific vegetation maintenance projects. ESA is available to assist the City with permit amendments, if needed, and also potentially new permits for existing or new projects. It is expected that typical permitting needs for projects such as channel maintenance will be covered under USACE Nationwide Permit (NWP) 31 for Maintenance of Existing Flood Control Facilities but will require a standard 401 Water Quality Certification and standard or routine maintenance Lake or SAA. For projects with jurisdictional resource impacts that require habitat restoration mitigation, it is expected that permits issued by USACE, RWQCB, and CDFW (and CCC if a project occurs in the Coastal Zone) will address both the project impacts and mitigation requirements in single permits. For emergency channel maintenance, ESA will be available to assist with preparing information and tracking deadlines for post-impact notifications to USACE, RWQCB, and CDFW (and CCC if needed). Preparation of Documents (Daily Observation Reports, etc.) ESA will prepare monitoring reports or other documents as requested by the City. These reports could include, for example, daily observation reports, reports on technical issues, and/or reports used for communication with the City’s Planning Commission. ESA will submit draft reports for City review and will revise and finalize reports based on City comments. As part of this work, ESA will document any detected plant, animal, insect, and/or diseases (via GPS coordinates and photographs) or other significant issues of note, and will develop tailored response measures (in conjunction with potential response measures developed by the consultant or contractor) for review by the City. Also as part of this work, ESA as requested by the City can provide technical trainings and materials for City staff on topics including, but not limited to, jurisdictional permitting, regulatory guidance/policy updates, and compensatory mitigation requirements. Invoicing Work will be invoiced monthly on a time-and-materials basis in accordance with the attached 2020 Schedule of Fees (Exhibit A). DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D Table: Carlsbad EMS 2020 ESA Labor Detail and Expense Summary Jim P Scott H Julie S Jason N Alanna S Jaclyn A Gary G Megan R Barbra C Labor Category Director II Managing Associate III Managing Associate II Managing Associate I Senior Associate II Senior Associate I Subtotal Project Technician III Project Technician II Subtotal Total Hours Labor Price 3% of Labor Expenses Total (Labor + Expenses) Task # Task Name/Description 215$ 195$ 180$ 170$ 155$ 148$ 122$ 101$ 1.0 Agua Hedionda Channel Maintenance 24 10 6 28 4 12,913$ 2 2 445$ 76.00 13,358.24$ 400.75$ 207.00$ 13,965.99$ 2.0 Buena Vista Creek Channel Maintenance 30 10 8 34 4 15,473$ 2 2 445$ 90.00 15,918.24$ 477.55$ 282.00$ 16,677.79$ 3.0 Calavera Dam Vegetation Maintenance & Calavera Dam Mitigation Sites 44 16 12 54 6 23,640$ 4 4 890$ 140.00 24,529.84$ 735.90$ 489.00$ 25,754.74$ 4.0 Romeria Mitigation Sites 24 10 6 28 4 12,913$ 2 4 647$ 78.00 13,560.12$ 406.80$ 207.00$ 14,173.92$ Total Hours 122 - 46 32 144 18 362 10 12 22 384 Total Labor Costs 26,230$ -$ 8,280$ 5,440$ 22,320$ 2,670$ 64,940$ 1,215$ 1,211$ 2,427$ 67,366.44$ 2,020.99$ 1,185.00$ 70,572.43$ Percent of Effort - Labor Hours Only 31.8%0.0%12.0%8.3%37.5%4.7%94.3%2.6%3.1%5.7%100.0% Percent of Effort - Total Project Cost --------- ESA Labor Cost 67,366$ Labor Cost Communication Fee 3%2,021$ ESA Non-Labor Expenses Reimbursable Expenses 1,035$ ESA Equipment Usage 150$ Subtotal ESA Non-Labor Expenses 1,185$ Subconsultant Costs -$ PROJECT TOTAL 70,572$ Employee Names DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 phone 619.719.4201 fax www.esassoc.com March 17, 2020 City of Carlsbad / Environmental Management Services (TRAN1571) 1 environmental science associates Exhibit A 2020 Schedule of Fees1 Standard Hourly Billing Rates for Assigned Staff As required, we have provided hourly rates for our assigned team, not including sub-consultants that are included under the Master Agreement for Professional Environmental Services (TRAN1571). TABLE 1 STAFF HOURLY RATE Assigned Staff Billing Rate Barbra Calantas $215 Jim Prine $215 Julie Stout $180 Jason Nielsen $170 Alanna Sullivan $155 Jaclyn Anderson $148 Adrienne Lee $106 I. Personnel Category Rates Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions, and providing expert testimony will be charged at the Category rate times 1.5. Labor Category Level I Level II Level III Senior Director 250 265 285 Director 200 215 230 Managing Associate 170 180 195 Senior Associate 148 155 165 Associate 106 127 138 Project Technicians 84 101 122 (a) The range of rates shown for each staff category reflects ESA staff qualifications, expertise, and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity. (b) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. (c) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs. 1 As referenced in superscript C of the Personnel Category Rates table, ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in operating costs. This 2020 fee schedule incorporates increases in rates for labor categories Project Technician I to Senior Associate I. DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D 5 | Rate Schedule esassoc.com II. ESA Expenses A. Travel Expenses 1. Transportation a. Company vehicle – IRS mileage reimbursement rate b. Common carrier or car rental – actual multiplied by 1.15 2. Lodging, meals, and related travel expenses – direct expenses multiplied by 1.15 B. Communications Fee In-house costs for phone, email, fax, regular postage, walk-up copier, and records retention – project labor charges will be multiplied by 3%. C. Printing/Reproduction Rates Item Rate/page Item Rate/page 8 1/2 x 11 b/w $0.05 Binding $1.00 11 x 17 b/w $0.10 HP Plotter $25.00 8 1/2 x 11 color $1.00 CD $10.00 11 x 17 color $2.00 Digital Photography $20.00 (up to 50 images) Covers $0.50 III. Subcontracts Subcontract services will be invoiced at cost multiplied by 1.15. IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now, or hereinafter imposed under the authority of a federal, state, or local taxing jurisdiction. DocuSign Envelope ID: B31775AD-B034-45B7-A389-A80AD8ED9F5D ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? 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Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD Attn: Public Works Contract Administration 1635 Faraday Avenue Carlsbad, CA 92008 ENVISCI-05 MCGRAWM IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Ali Smith Ali.Smith@ioausa.com RLI Insurance Company Mt Hawley Insurance Company Crum & Forster Insurance Company X 12/1/2020 X X X X X X X X X X TRAN1571 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 9 PROJECT NO. 3338, 1636312, 50419, 6604, and 6618 This ninth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated July 12, 2017, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Project Management 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 Appendix “A”, (“proposal”), attached for the Environmental Management Services, (the “Project"). The Project services shall include Environmental project management and includes the oversight and monitoring of consultants and contractors to ensure maintenance and monitoring activities are completed in compliance with the project permits of the Engineering Transportation Division of Public Works. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 two hundred and sixty (260) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master 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 work days. 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 $99,845.61 DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 February 11, 2019 TRAN1571 City Attorney Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT PROJECT MANAGEMENT OF ENVIRONMENTAL MAINTENANCE AND MITIGATION PROJECTS WITHIN THE ENGINEERING TRANSPORTATION DIVISION TASK GROUP TIME & MATERIALS Agua Hedionda Creek Channel Maintenance (Project 3338) $18,100.77 Buena Vista Creek Channel Maintenance (Project 1636312-7550) $20,608.80 Lake Calavera Dam Maintenance Project (Project 5049) $18,100.77 Romeria Channel Improvements (Project 6604) $17,866.96 Lake Calavera Dam Mitigation Sites (Project 5049) $17,168.62 Agua Hedionda Creek Streambank Restoration (Project 6618) $7,999.69 TOTAL (Not-to-Exceed) $99,845.61 CONTRACTOR Environmental Science Associates, a California corporation Environmental Science Associates, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Bobbette Biddulph / Senior Vice President (print name/title) (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ for Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 February 11, 2019 TRAN1571 Appendix “A” Scope of Work City of Carlsbad Environmental Management Services Program 2019 Task Order Under a Master Agreement for Professional Environmental Services (TRAN1571) executed in June 2017, Environmental Science Associates (ESA) is providing services for the City of Carlsbad (City) Environmental Management Services (EMS) Program. The term of the Master Agreement is effective until November 30, 2021. Under this Agreement, ESA provided services via task orders (purchase orders) during the latter half of 2017 and 2018. This current task order is for services for six projects during 2019. Proposed services will be provided by ESA. The ESA team under this Master Agreement includes as-needed subcontractors Rocks Biological Consulting (for supplemental biological services), D&D Wildlife Habitat Restoration (for vegetation-related field services and input on construction related issues), and Lewis & Brisbois (for real estate and legal support services). Services from these team members can be provided upon request by the City. Period of Performance The period of performance for ESA for this task order will be in effect for one year from its authorization date. After the completion of this period of performance, the City has the option of amending the agreement and extending the period of performance or issuing new task orders for services through 2021. Scope of Work Overview The scope of work includes work that will be conducted on regular intervals in addition to as-needed services requested by the City. The EMS Program projects primarily include vegetation maintenance projects and habitat restoration/mitigation projects. ESA will work with and for the City (fulfilling a role similar to adjunct staff) and the overall project scope will primarily involve: (1) information additions and maintenance of the EMS Program database; (2) monitoring and management of consultants and contractors to ensure they are fulfilling their contract/scope requirements within budget and schedule and project tasks are being successfully completed; (3) oversight of permit compliance and payment of fees by the City, facilitating permit sign-off, and assisting with permit applications and obtaining permits for new projects; and (3) providing project management services and preparation of documents as requested by the City. Provided below is a review of the six projects followed by an overview of the work subtasks that will be provided for each project. The six projects include: Agua Hedionda Creek Channel Maintenance, Buena Vista Creek Channel Maintenance, Lake Calavera Dam Maintenance, Romeria Channel Improvements Mitigation (including La Costa Slope Repair), Agua Hedionda Streambank Slope Repair, and Lake Calavera Dam Vegetation Maintenance Mitigation. Projects and Scope of Work Subtasks Project Task 1: Agua Hedionda Creek Channel Maintenance The Agua Hedionda Creek Channel Maintenance project is being conducted within Agua Hedionda Creek channel between Cannon Road and El Camino Real Bridges. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The current maintenance activities are necessary to reduce flooding potential of public infrastructure DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 TRAN1571 Appendix “A” and upstream residences. Maintenance activities consist of routine monthly maintenance and trash removal. Annually approximately 1.0-acre of vegetation is removed from the channel. Currently the project does not include dredging. The project was approved and is operating under a California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (SAA) (Notification No. #1600-2013-0302-R5) issued in 2014 and extends five (5) years until August 15, 2019 (unless it is terminated or extended before then). The City approved this project and a larger stream restoration project as EIR 04-02(A)/CDP 06-04x1(A)/SUP 06-02x1(A) – Agua Hedionda and Calavera Creeks. Mitigation for impacts to the channel were permanently mitigated for through the purchase of mitigation credits including a combination of creation/restoration and enhancement at the North County Habitat Bank (NCHB) at a 2:1 replacement ratio. Project Task 2: Buena Vista Creek Channel Maintenance The Buena Vista Creek Channel Maintenance District project (Buena Vista Channel Maintenance) is conducted within Buena Vista Creek Channel between Jefferson Street and South Vista Way Bridges. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The maintenance program has been designed to provide flood conveyance and protection for up to a 20-year storm event. Maintenance activities consist of routine monthly vegetation removal and trash removal. Annually, vegetation is cleared from different portions of the channel. The site is within the ‘Standards Area’ of the City of Carlsbad (City) Habitat Management Plan (HMP). The maintenance program will be entering its sixteenth (16th) year in 2019. The City originally approved the Buena Vista Channel Maintenance project by an Environmental Impact Report (EIR) (EIR 02-03) that covered the first ten (10) years of the program. Since that time, the project has been covered by a Supplemental EIR (SEIR) (SEIR 02-03A). The City applied for permits and the project was approved and is operating under a CDFW SAA (SAA Notification No. # 1600-2013-0135-R5), and a California Coastal Commission (CCC) permit (CDP 6-13-0713). Project Task 3: Lake Calavera Dam Maintenance Project The Lake Calavera Dam Vegetation Maintenance project requires removal of vegetation from the dam and spillway to allow for visual inspection and to maintain a clear spillway to comply with the State of California Division of Safety of Dams (DSOD) requirements. The project site is located at the southwestern end of Lake Calavera, off Tamarack Avenue. The parcel encompassing the Lake Calavera Reservoir is owned by the City and the Carlsbad Municipal Water District (CMWD) operates and maintains the dam. CMWD no longer needs the reservoir for drinking water purposes and the dam is functioning as a storm water retention facility. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The project occurs within the City’s HMP Preserve Hardline area (i.e., within the Lake Calavera Preserve). Maintenance activities consists of quarterly removal (unless the City requests that the contractor conduct additional maintenance events) of approximately 2.4 acres of vegetation. A Mitigated Negative Declaration (EIA 11-02) was filed for the project and a Notice of Determination filed with the San Diego County Recorded December 18, 2012. A CDFW SAA (Notification No. # 1600-2013- 0241-R5) was issued on January 22, 2016 and expires January 15, 2026. Project Task 4: Romeria Channel Improvements Mitigation Sites (including La Costa Avenue Slope Repair) The Romeria Channel Improvements Mitigation project (Romeria Channel) includes three mitigation sites, two are located offsite at the Lake Calavera Preserve totaling approximately 0.70 acre (0.15 acre of mitigation credit) and the third is located on-site at the Romeria Channel site which totals approximately DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 TRAN1571 Appendix “A” 0.60 acre (0.07 acre of mitigation credit). Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The Lake Calavera wetland creation site (0.058 acre of mitigation credit) is located near the northern bank of the reservoir. Installation of this site was completed in August 2010. The Lake Boulevard wetland restoration site (0.092 acre of mitigation credit), which is also in the Lake Calavera Preserve, is located south of and adjacent to Lake Boulevard. Installation of this site was completed in March 2015. The on-site Romeria wetland restoration site (0.07 acre of mitigation credit) was installed in October 2016. The 120-day plant establishment period (PEP) ended on February 22, 2017. Although the offsite areas were installed earlier than the on-site mitigation area, their maintenance and monitoring schedules have been synchronized with installation of the on-site area, such that the three sites are now in Year 2 of a 5-year maintenance and monitoring period. The City approved the Romeria Channel project via an Initial Study (Case No. HMP 09-03; August 5, 2009). The City applied for permits and the project was approved and is operating under a CDFW “Operation of Law” process (CDFW did not issue an agreement within a required timeframe and provided default approval under “Operation of Law”), a Regional Water Quality Control Board 401 Certification (No. 10C-093), and U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP) No. 3 (File No. SPL-2010-00490-PJB) (note: the same USACE letter dated March 14, 2014 provided concurrence the La Costa Avenue Slope Repair project could operate under NWP18). The La Costa Avenue Slope Repair restoration site is located west of Romeria Street along the south side of La Costa Avenue. The 0.20-acre habitat restoration site is in Year 2 of a 5-year maintenance period. Maintenance activities are being conducted by a contractor retained by the City. The City approved the La Costa Avenue Slope Repair project via HDP 10-03/HMP 10-01 August 30, 2010. The City applied for permits and the project was approved and is operating under a USACE NWP 18 (File No. SPL-2010-00490- PJB). Project Task 5: Lake Calavera Dam Mitigation Sites The Lake Calavera Dam Vegetation Maintenance Mitigation Sites are comprised of three areas in the northeastern portion of the Lake Calavera Preserve. The areas were selected to maximize the removal of non-native palm trees, in addition to several other species of large non-native trees, followed by native habitat restoration. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The three areas occur within the City’s HMP Preserve Hardline area and are as follows: Area 1: Just south of a City of Oceanside storm drain outfall and most westerly of the three sites; Area 2: Just south of the trail and easterly of Area 1; and Area 3: most easterly site adjacent to Oak Riparian Park. The three areas provide 0.773 acre of riparian scrub and freshwater marsh restoration and enhancement and 0.015 acre of riparian scrub creation. Installation of the sites was completed on November 17, 2016 and the 120-day ended on March 14, 2017. The project is now in post-installation Year 2 of a 5-year maintenance and monitoring period. The requirement for project mitigation is included in the same CDFW permit issued for the dam vegetation maintenance (CDFW SAA Notification No # 1600-2013-0241-R5) which was issued on January 22, 2016 and expires January 15, 2026. Project Task 6: Agua Hedionda Creek Streambank Repair Restoration The Agua Hedionda Creek Streambank Repair Restoration project (Agua Hedionda Streambank Restoration) is being conducted on the south side of Agua Hedionda Creek near Sunny Creek Road. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. The adjacent slope and channel bank on private property (Coman) previously failed due to upslope development and runoff of water and silt. Therefore, the City designed and constructed a new storm drain that outlets in the creek and installed less than 0.1 acre of streambank restoration with bioengineering and native planting. The site is within the ‘Standards Area’ of the City’s HMP. Installation of the streambank restoration was completed on December 20, 2016, and the DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 TRAN1571 Appendix “A” six-month plant establishment period (which is part of post-installation Year 1) ended in June 20, 2017. In accordance with the permits, maintenance will be conducted for two years and monitoring will be conducted for three years (one additional year of monitoring required by RWQCB). The streambank restoration project has completed post-installation Year 2. It was determined the project was eligible for a CEQA Categorical Exemption under Section 15333, Small Restoration Projects. The City Planning Commission approved the project on April 20, 2016. USACE confirmed in a December 2015 letter (SPL-2015-00840-WSZ) the project complies with Section 404 Nationwide Permit (NWP) 13, Bank Stabilization. RWQCB issued a letter in January 2016 providing a Notice of Applicability for Clean Water Act (CWA) Section 401 General Water Quality Certification for small restoration projects (File No. R9-2015-0184). CDFW issued a letter in January 2016 (No. 1600-2015-0238- R5) approving the project. Five Subtasks for Project Tasks 1 through 6 Provided below is a review of five work subtasks (A-E) that will be provided for Project Tasks 1 through 6. Subtask A: Database Additions and Maintenance During 2018, ESA coordinated with the City to prepare a draft database of information for the EMS program projects. The database was assembled using the Microsoft 365 program which can be viewed and used by the City and ESA. During 2019, ESA will coordinate with the City to add new information (e.g., monitoring reports, updated permits, updated or new GIS data, etc.) to the database and maintain the existing files. Information and features that will be added include, for example, 1 to 2-page project and permit summaries and Outlook schedule notifications regarding when permit renewals are needed, monitoring reports are due, and when other activities and/or documents (e.g., updated CEQA documentation) are needed. Subtask B: Assurance of Permit Compliance and Monitoring and Management of Contractor and Consultant Field Activities and Reports ESA will continue to track permit conditions and project activities to ensure permit conditions are being complied with. In particular, ESA will track project permit requirements and necessary administrative actions (e.g., fees, amendments if needed, etc.) to ensure required activities are completed on schedule. ESA has already organized permit information including: (1) authorization and expiration dates, (2) required/pending notifications and submittals (including reports and fees), and (3) listing of permit requirements. This understanding of the permit requirements is crucial to track appropriate use of resources and budget expended by consultants and contractors retained by the City. ESA in coordination with the City will manage the project contractors and consultants and perform inspections of the sites at routine intervals. ESA will schedule periodic site inspections during and after maintenance visits (but not necessarily for every maintenance visit) to document the contractor’s activities and also the condition of a site after a maintenance visit. If ESA believes a consultant or contractor is not fulfilling their scope of work or a project is not in compliance with permit conditions, ESA will notify the City and the consultant or contractor (with City concurrence) to identify potential shortcomings and recommend actions to rectify potential problems. With regard to field monitoring and reports, ESA will confirm the consultant is submitting required memos/reports and collecting annual field data correctly relative to the project and permit requirements. ESA will also review memos and draft annual reports to confirm that information is clearly presented including adherence to the project schedule and permit conditions before they are submitted to the resource. If permit and project conditions are not being achieved at an interim phase and a project is partially out of compliance, ESA will verify that measures (i.e., remedial or adaptive management measures) are being taken and presented in the annual report to exhibit how compliance is being addressed and maintained. ESA will provide draft report comments and recommendations to the City. If the City agrees with ESA’s input, the consultant will be asked to revise a report before it is submitted to the agencies. Subtask C: Meetings and Communication with City Staff DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 TRAN1571 Appendix “A” ESA will attend meetings and provide support to City staff as requested. ESA will be available to provide updates on the projects, provide technical input and answer questions, and provide recommendations and strategies for improving project implementation. During 2018, status meetings were held with the City approximately every two weeks. During 2019, it is expected this meeting frequency will remain similar. Depending on the City’s preference, meetings can be held in an office (or via conference call) or at one or more project sites. For projects that occur within the City’s HMP Preserve Hardline area, ESA will coordinate with the City to periodically update as needed the City’s Preserve Manager, Preserve Steward (an ESA biologist), City HMP Coordinator, and City Parks and Recreation regarding project activities within the Preserve. Key elements of this coordination include confirmation with staff that the activity is warranted and properly planned, safety and access considerations have been addressed, sensitive biological resources will be protected, and appropriate monitoring and follow-up documentation will be provided. ESA will coordinate with appropriate City staff (including City Police Department staff) and agencies to address illegal encampments. Illegal encampments, occupied or unoccupied, may be identified by a variety of sources, including the project consultant and contractor, ESA staff, City staff, law enforcement personnel or other public patrols, nearby public residents, etc. When an encampment is detected, ESA will document its specific location on a map and notify the City and Police Department (and additional City staff as appropriate including the City’s Preserve Manager, Preserve Steward, and Parks and Recreation Department). It is expected ESA will primarily coordinate communication and cleanup of encampments through the City Police Department’s Homeless Outreach Team (HOT). Subtask D: Coordination with the Resource Agencies (primarily USACE, RWQCB, and CDFW) and As- Needed Assistance with Permitting ESA will coordinate with the resource agencies as requested by the City. ESA will be available to provide support on technical questions, regulatory issues, project negotiations (including development of appropriate mitigation conditions, if needed in the future), and documentation of progress and/or completion of permit requirements. Part of this coordination is expected to include communication with CDFW to confirm the status of payment and receipt of permit maintenance fees for specific vegetation maintenance projects. ESA is available to assist the City with permit amendments, if needed, and also potentially new permits for existing or new projects. It is expected that typical permitting needs for projects such as channel maintenance will be covered under USACE Nationwide Permit (NWP) 31 for Maintenance of Existing Flood Control Facilities but will require a standard 401 Water Quality Certification and standard or routine maintenance Lake or SAA. For projects with jurisdictional resource impacts that require habitat restoration mitigation, it is expected that permits issued by USACE, RWQCB, and CDFW (and CCC if a project occurs in the Coastal Zone) will address both the project impacts and mitigation requirements in single permits. For emergency channel maintenance, ESA will be available to assist with preparing information and tracking deadlines for post-impact notifications to USACE, RWQCB, and CDFW (and CCC if needed). Subtask E: Preparation of Documents (Daily Observation Reports, etc.) ESA will prepare monitoring reports or other documents as requested by the City. These reports could include, for example, daily observation reports, reports on technical issues, and/or reports used for communication with the City’s Planning Commission. ESA will submit draft reports for City review and will revise and finalize reports based on City comments. Under this task, ESA will document any detected plant, animal, insect, and/or diseases (via GPS coordinates and photographs) or other significant issues of note, and will develop tailored response measures (in conjunction with potential response measures developed by the consultant or contractor) for review by the City. Invoicing Work will be invoiced monthly on a time-and-materials basis in accordance with the attached 2019 Schedule of Fees (Appendix B). DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 H:C:\Users\jhawn\Desktop\Copy of City of Carlsbad EMS_Cost_Jan. 18 2019-ESA Labor Cost & Project Total Table #: Cost Proposal ESA Labor Detail and Expense Summary Jim P Julie S Jason N Jessie L Alanna S Gus J Megan R Barbra C Ian H Paige A Labor Category Director II Managing Associate II Managing Associate I Senior Associate I Associate II Project Technician III Project Technician II Total Hours Labor Price 3% of Labor Expenses Total (Labor + Expenses) Task # Task Name/Description 215$ 180$ 170$ 144$ 124$ 118$ 98$ 1.0 Agua Hedionda Channel Maintenance - -$ -$ -$ -$ 1.1 Database Additions and Maintenance 5 8 1 6 20.00 3,323.00$ 99.69$ 5.75$ 3,428.44$ 1.2 Assurance of Permit Compliance and Consultant and Contractor Oversight 12 2 18 32.00 5,152.00$ 154.56$ 63.25$ 5,369.81$ 1.3 Meetings with the City 6 2 10 18.00 2,870.00$ 86.10$ 28.75$ 2,984.85$ 1.4 Coordination with the Resource Agencies and Permitting Assistance 4 5 1 4 14.00 2,426.00$ 72.78$ 28.75$ 2,527.53$ 1.5 Preparation of Documents As Needed 5 3 2 10 3 2 25.00 3,663.00$ 109.89$ 17.25$ 3,790.14$ 2.0 Buena Vista Creek Channel Maintenance - -$ -$ -$ -$ 2.1 Database Additions and Maintenance 6 9 1 6 22.00 3,708.00$ 111.24$ 5.75$ 3,824.99$ 2.2 Assurance of Permit Compliance and Consultant and Contractor Oversight 16 2 22 40.00 6,508.00$ 195.24$ 74.75$ 6,777.99$ 2.3 Meetings with the City 6 2 10 18.00 2,870.00$ 86.10$ 28.75$ 2,984.85$ 2.4 Coordination with the Resource Agencies and Permitting Assistance 5 6 1 4 16.00 2,821.00$ 84.63$ 28.75$ 2,934.38$ 2.5 Preparation of Documents As Needed 6 3 2 10 3 2 26.00 3,878.00$ 116.34$ 17.25$ 4,011.59$ 3.0 Calavera Dam Vegetation Maintenance - -$ -$ -$ -$ 3.1 Database Additions and Maintenance 5 8 1 6 20.00 3,323.00$ 99.69$ 5.75$ 3,428.44$ 3.2 Assurance of Permit Compliance and Consultant and Contractor Oversight 12 2 18 32.00 5,152.00$ 154.56$ 63.25$ 5,369.81$ 3.3 Meetings with the City 6 2 10 18.00 2,870.00$ 86.10$ 28.75$ 2,984.85$ 3.4 Coordination with the Resource Agencies and Permitting Assistance 4 5 1 4 14.00 2,426.00$ 72.78$ 28.75$ 2,527.53$ 3.5 Preparation of Documents As Needed 5 3 2 10 3 2 25.00 3,663.00$ 109.89$ 17.25$ 3,790.14$ 4.0 Romeria Mitigation Sites - -$ -$ -$ -$ 4.1 Database Additions and Maintenance 5 8 1 6 20.00 3,323.00$ 99.69$ 5.75$ 3,428.44$ 4.2 Assurance of Permit Compliance and Consultant and Contractor Oversight 16 2 22 40.00 6,508.00$ 195.24$ 63.25$ 6,766.49$ 4.3 Meetings with the City 6 2 10 18.00 2,870.00$ 86.10$ 28.75$ 2,984.85$ 4.4 Coordination with the Resource Agencies and Permitting Assistance 2 4 1 2 9.00 1,568.00$ 47.04$ 28.75$ 1,643.79$ 4.5 Preparation of Documents As Needed 4 2 2 9 2 1 20.00 2,938.00$ 88.14$ 17.25$ 3,043.39$ 5.0 Calavera Dam Mitigation Sites - -$ -$ -$ -$ 5.1 Database Additions and Maintenance 5 8 1 6 20.00 3,323.00$ 99.69$ 5.75$ 3,428.44$ 5.2 Assurance of Permit Compliance and Consultant and Contractor Oversight 14 2 20 36.00 5,830.00$ 174.90$ 63.25$ 6,068.15$ 5.3 Meetings with the City 6 2 10 18.00 2,870.00$ 86.10$ 28.75$ 2,984.85$ 5.4 Coordination with the Resource Agencies and Permitting Assistance 2 4 1 2 9.00 1,568.00$ 47.04$ 28.75$ 1,643.79$ 5.5 Preparation of Documents As Needed 4 2 2 9 2 1 20.00 2,938.00$ 88.14$ 17.25$ 3,043.39$ 6.0 Agua Hedionda Stream Bank Restoration - -$ -$ -$ -$ 6.1 Database Additions and Maintenance 2 6 1 3 12.00 1,966.00$ 58.98$ 2.30$ 2,027.28$ 6.2 Assurance of Permit Compliance and Consultant and Contractor Oversight 6 1 5 12.00 2,080.00$ 62.40$ 40.25$ 2,182.65$ 6.3 Meetings with the City 5 6 11.00 1,819.00$ 54.57$ 25.30$ 1,898.87$ 6.4 Coordination with the Resource Agencies and Permitting Assistance 2 2 4.00 790.00$ 23.70$ 2.30$ 816.00$ 6.5 Preparation of Documents As Needed 2 1 2 1 1 7.00 1,038.00$ 31.14$ 5.75$ 1,074.89$ - -$ -$ -$ -$ Total Hours 184 26 86 17 260 14 9 596 Total Labor Costs 39,560$ 4,680$ 14,620$ 2,448$ 32,240$ 1,652$ 882$ 96,082.00$ 2,882.46$ 806.15$ 99,770.61$ Percent of Effort - Labor Hours Only 30.9%4.4%14.4%2.9%43.6%2.3%1.5%100.0% Percent of Effort - Total Project Cost -------- Employee Names TRAN1571 - Appendix "A" DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 H:C:\Users\jhawn\Desktop\Copy of City of Carlsbad EMS_Cost_Jan. 18 2019-ESA Labor Cost & Project Total ESA Labor Cost 96,082$ Labor Cost Communication Fee 3%2,882$ ESA Non-Labor Expenses Reimbursable Expenses (see Attachment A for detail)806$ ESA Equipment Usage (see Attachment A for detail)75$ Subtotal ESA Non-Labor Expenses 881$ Subconsultant Costs (see Attachment B for detail)-$ PROJECT TOTAL NOT TO EXCEED 99,846$ TRAN1571 - Appendix "A"DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 phone 619.719.4201 fax www.esassoc.com January 18, 2019 City of Carlsbad / Environmental Management Services (TRAN1571) 1 environmental science associates Appendix “B” 2019 Schedule of Fees1 Standard Hourly Billing Rates for Assigned Staff As required, we have provided hourly rates for our assigned team, not including subconsultants that are included in our contract. TABLE 1 STAFF HOURLY RATE Assigned Staff Billing Rate Barbra Calantas $215 Jim Prine $215 Scott Holbrook $195 Julie Stout $180 Alanna Sullivan $124 Jason Nielsen $170 Paige Anderson $124 Adrienne Lee $103 I. Personnel Category Rates Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions, and providing expert testimony will be charged at the Category rate times 1.5. Labor Category Level I Level II Level III Senior Director 250 265 285 Director 200 215 230 Managing Associate 170 180 195 Senior Associate 144 155 165 Associate 103 124 134 Project Technicians 82 98 115 (a) The range of rates shown for each staff category reflects ESA staff qualifications, expertise, and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity. (b) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. (c) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs. 1 As referenced in superscript C of the Personnel Category Rates table, ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in operating costs. This 2019 fee schedule incorporates increases in rates for labor categories Associate to Managing Associate I. DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 5 | Rate Schedule esassoc.com II. ESA Expenses A. Travel Expenses 1. Transportation a. Company vehicle – IRS mileage reimbursement rate b. Common carrier or car rental – actual multiplied by 1.15 2. Lodging, meals, and related travel expenses – direct expenses multiplied by 1.15 B. Communications Fee In-house costs for phone, email, fax, regular postage, walk-up copier, and records retention – project labor charges will be multiplied by 3%. C. Printing/Reproduction Rates Item Rate/page Item Rate/page 8 1/2 x 11 b/w $0.05 Binding $1.00 11 x 17 b/w $0.10 HP Plotter $25.00 8 1/2 x 11 color $1.00 CD $10.00 11 x 17 color $2.00 Digital Photography $20.00 (up to 50 images) Covers $0.50 III. Subcontracts Subcontract services will be invoiced at cost multiplied by 1.15. IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now, or hereinafter imposed under the authority of a federal, state, or local taxing jurisdiction. DocuSign Envelope ID: BFF783EF-0D9C-4F5E-905F-C78FFD3E4670 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 6621 TRAN1571 This eighth Project Task Description and Fee Allotment, is entered into on Det:e.mbeL Y. , 7A l1: , pursuant to an Agreement between ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated July 12, 2017, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS 2. 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 October 27, 2017, ("proposal"), attached as Appendix "A" for the College Wetland Mitigation Assessment Review, (the "Project"). The Project services shall include a field assessment of mitigation opportunities, letter report of mitigation site opportunities, and assistance with the preparation of a RFP (Request For Proposal) and contractor selection. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 two hundred (200) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master 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 work days. 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 $14,873. City Attorney Approved Version 7 /19/17 TRAN1571 TABLE 1 FEE ALLOTMENT REVIEW AND ASSESSMENT OF PAST ENVIRONMENTAL TECHNICAL STUDIES TO CONFIRM MITIGATION POTENTIAL AT THE COLLEGE BLVD. WETLAND SITE. TASK GROUP TIME & MATERIALS Field Assessment of Mitiqation Opportunities Letter Report of mitigation Site Opportunities Assist City with Preparation of RFP TOTAL (Not-to-Exceed) CONTRACTOR ENVIRONMENTAL SCIENCE $4,833 $6,050 $3,990 $14,873 ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation ASSOCIATES, a California corporation J (name of Contractor) _ , ~· (name of Contractor) By . ~ ~q~y ~~~ ~ (sign ~er~) ~l)vl PotbW~ here) /tvB£fl-1 Cu 1 SJ N dJ. £ vP .en; A~; $/Mt-Stcru---u.t~ (print name/title) ' (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California A~1t~ By: Elaine Lukey fublic Works Director Date: ----------- APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ___.([_._,~--~--------=---a- Deputy City Attorney City Attorney Approved Version 7/19/17 2 October 27, 2017 Mr. Danny Zimny Public Works Transportation and Engineering City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008-7314 550 West C Street Suite 750 San Diego, CA 92101 619.7194200 619,7194201 Appendix "A" Subject: Proposal to Assess Calavera Creek Floodplain Mitigation Site and Assist City with Preparation of RFP Dear Mr. Zimny: In response to your request, Environmental Science Associates (ESA) appreciates the opportunity to submit this proposal to assess a previously identified potential wetland/riparian mitigation §'ite within the floodplain of Calavera Creek and assist the City of Carlsbad (City) with preparing a Request for Proposal (RFP) and selection of a contractor to prepare an updated Habitat Mitigation and Monitoring Plan (HMMP) and mitigation construction documents for the site. Project Understanding and Background The potential wetland/riparian mitigation site occurs within a portion of Lot 9 of Lot Map Number 15608, recorded September 7. 2007, as file number 2007-0612802, in the City of Carlsbad. The previously proposed mitigation site is approximately 5.6 acres and occurs in the floodplain of Calavera Creek. The site was disturbed from intensive agricultural use that ended in 2002 and has not been actively used since the completion of Robertson's Ranch development and the extension of College Boulevard to Cannon Road in 2005. As a result of the disturbance. the site has been dominated in recent history by non-native plant species. Based on its disturbed condition and setting within the Calavera Creek floodplain, it was determined to be a good candidate site for wetland/riparian restoration and use as a compensatory mitigation site. On behalf of the City, AECOM prepared the IYetland l\;/itigation Site Monitoring and Maintenance Plan for City o(Carlsbad Agua lledionda and Calavera Creek Channels Dredge Project No. 3338 (April 2013). The mitigation plan proposes and presents 2.03 acres of wetland creation/restoration and 3.57 acres of enhancement (5.60 acres total). AECOM also prepared grading. irrigation, and planting plan sheets and specifications (i.e .. mitigation construction documents). The Agua Hedionda and Calavera Creek Channels Dredge Project ultimately did not go fomard, so the proposed mitigation was not implemented and the site is therefore available to be used for one or more other City projects. As noted in the AECOM mitigation plan (April 2013). native plant species have volunteered within portions of the site such that the site has partially reverted to native wetland/riparian habitat. This trend was also noted during a reconnaissance site visit conducted by the City and ESA on October 13, 2017. In general, the natural recruitment of native plant species within the site reduces the available acreage for restoration and mitigation. ESA understands the intent of the proposed assessment is to document the current condition of the site and update the estimation of mitigation types and acreage(s) to establish an updated baseline to support future planning and implementation. This scope of work would be conducted as a task order under the Master Agreement for Professional Environmental Services (June 2017) executed between the City and ESA. With approval of the City, this Project Task Description and Fee Allotment (PTDF A) would become Task Order #08 under the Master Agreement. I \ Mr. Danny Zimny October 27, 2017 Page 2 Scope of Work The scope of work provided below is divided into three tasks: Task I: Field Assessment, Task 2: Letter Report, and Task 3: Assist City with Preparation of the RFP and Consultant Selection. Task 1: Field Assessment of Mitigation Site Opportunities Two ESA biologists will conduct a one day field assessment to (I) document existing conditions within the potential mitigation site and (2) update the estimation of mitigation types and acreage(s) available for future implementation. ESA will review available background information (i.e., AECOM plan, aerial photography, hydrology information, site topographic, etc.). ESA will use the mitigation area polygons proposed by AECOM and aerial photography and --ground-truthing" to adjust the limits as needed to reflect the current mitigation opportunities. The current percentages of native and non-native plant cover will be visually assessed and estimated for the site and divided into different areas (polygons) as appropriate, and habitat conditions will be summarized. The approximate 1.0-acre area previously proposed for modest excavation grading (less than 2 feet in depth) will also be assessed to determine the potential temporary impact to native vegetation that would occur, and whether the extent of grading should be revised. Representative photographs of different conditions within the site will also be taken. The assessment will focus on the previously identified 5.6-acre proposed mitigation site, but other adjacent portions of the property will also be assessed for potential wetland/riparian mitigation opportunities. Task 2: Letter Report of Mitigation Site Opportunities Based on the field assessment, ESA will prepare a letter report that will review existing conditions and current estimated opportunities for conducting wetland/riparian compensatory mitigation. The letter will include the mitigation area polygons proposed by AECOM in 2013 with an overlay of potential adjustments in the boundaries and projected mitigation types (i.e., wetland creation, restoration, or enhancement) that could be accomplished. The letter will include projected mitigation type acreages and potential adjustments in the previously proposed grading limits. In addition, the letter will include representative photographs of site conditions and considerations for implementation including timing, access, and potentially occurring sensitive species. ESA will provide a draft of the letter in electronic form to the City for review. Based on potential City comments or questions, the letter will be revised as needed and finalized. ESA will provide electronic versions of the final letter (Word version and pdfversion) to the City, and also hardcopies upon request. Task 3: Assist City with Preparation of RFP and Consultant Selection ESA will provide information associated with updating conceptual planning of the mitigation site, but it is understood the same consultant ( contractor) cannot also provide detailed planning and implementation services for the City. Therefore, ESA will assist the City with preparing a Request for Proposal (RFP) to solicit proposals from qualified contractors. It is assumed the RFP would address preparation of an updated detailed HMMP and I \ Mr. Danny Zimny October 27, 2017 Page 3 mitigation construction documents (i.e .. grading, irrigation and planting plans and specifications) but that construction implementation would be addressed under a separate project phase and contract. ESA will be available to provide input and/or write sections of the RFP, coordinate with the City to answer contractor questions during the proposal process, and help evaluate contractor proposals. Assumptions: • The City will provide ESA access to the site • Existing data as available (e.g., electronic site topography. groundwater information. etc.) would be used in the evaluation • ESA will provide best professional judgement regarding available wetland/riparian mitigation opportunities but cannot guarantee how another contractor would evaluate and quantify mitigation opportunities and if the resource agencies will agree and approve all proposed mitigation types and acreages Cost The cost is based on the schedule of fees included in the Master Agreement (20 l 7). Work will be conducted on a time-and-materials basis and will be invoiced monthly. Provided below is a cost breakdown by task and total. ESA requests that funds be allowed to be shifted between tasks (if needed) within the total task order budget. Task l: Field Assessment of Mitigation Opportunities Task 2: Letter Report of Mitigation Site Opportunities Task 3: Assist City with Preparation of RFP and Contractor Selection Total= $4,833 $6.050 $3,990 $14,873 Please contact me at ( 619) 7 l 9.4212 or via email at jprine@esassoc.com If you have any questions regarding this proposal. Sincerely, Jim Prine Senior Biologist ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 9/11/2017 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 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 CONTACT Chris Kelley NAME: Woodruff-Sawyer & Co. r.~.2N.t ~ ..... 415-402-6521 I i:t~ .,_ .. 415-989-9923 50 California Street, Floor 12 ~~~k~~-ckelley@wsandco.com San Francisco CA 94111 INSURER!Sl AFFORDING COVERAGE NAIC# INSURER A :Greenwich Insurance Company 22322 INSURED ENVISCl-01 INSURER B ,XL Specialty Insurance Company 37885 Environmental Science Associates INSURER C: 550 Kearny Street, Ste 800 INSURERO: San Francisco, CA 94108 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· 808759424 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVI/ITHSTANDING 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 TYPE OF INSURANCE wvo' POLICYEFF POLICY EXP LIMITS LTR INSD POLICY NUMBER ' IMM/DDIYYYYl IMMIDO/YYYYl A ~"'"""' """'" =a,cr, y GEC001336714 11/1/2017 1/1/2018 I EACH OCCURRENCE $1,000,000 ' CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED $1,000,000 PREMISES /Ea occurrence\ X Contra,:tual LIab I MED EXP (Any one person) $10,000 _)(__j filQ{)Gan PERSONAL & ADV INJURY $1,000,000 I GEN'LAGGREGATE LIMIT PER I GENERAL AGGREGATE l $2,000,000 ~ POLICY[Z] LOC I PRODUCTS COMP/OP AGG $2,000,000 OTHER: No Deductible $ B ' AUTOMOBILE LIABILITY (EC001336514 11/1/2017 111/2018 (E',;'~o,NcD :SIN13Lc LIMII $1,000,000 accident\ ~ ""'"" \ BODILY INJURY (Per person) $ ALL OWNED --SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS ~-HIRED AUTOS X NON-OWNED I ! PROPERTY DAMAGE $ AUTOS (Per accident) X No Ded. $ B UMBRELLA LIAB HOCCUR UEC001336614 i 111/2017 111/2018 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE I AGGREGATE $2,000,000 OED I i RETENTION $ i ! $ B WORKERS COMPENSATION I WEC001337414 1111/2017 1/112018 ' X I ~fXTUTE I [OTH-ER AND EMPLOYERS' LIABILITY YIN I ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA I E.L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE -EA EMPLOYEE! $1,000,000 If yes, descnbe under E.L DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below A : Professional Liability I I PEC001336814 1111/2017 111/2018 Each Occurrence: $1,000,000 I Cov. A. Claims Made Aggregate: $2,000,000 : Retro Date: 10/1/89 & 9/1/76 Retention: $100.000 I i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) 0170606. On Call Biological Services. The Carlsbad Municipal Water District and the City of Carlsbad, its officials, employees and volunteers are additional insureds per endorsements attached. Coverage is Primary and Non-Contributory. Waivers of Subrogation apply per the attached forms. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE I M ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ENDORSEMENT #006 This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued to ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location And Description Of Completed Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. lnfonnation reauired to cornolete this Schedule if not shown above will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "praperty damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement perfonned for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this policy remain unchanged. XIL 2037-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 1 ENDORSEMENT #007 This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued to ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location(s) Of Covered Operations Person(s} Or Oraanization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perfonning operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 2of2 POLICY NUMBER: GEC001336714 COMMERCIAL GENERAL LIABILITY CG 240405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT we 000313 {Ed. 4-84) 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 Where required by written agreement signed prior to loss. 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 January 1, 2017 Policy No. WEC001337414 Endorsement No. Insured ENVIRONMENTAL SCIENCE ASSOCIATES ~{) Insurance Company Countersigned by ____ ~----"'=------------ XL Specialty Insurance Company WC 00 0313 (Ed. 4-84) C 1983 National Councll on Compensation Insurance. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 5049 TRAN1571 This venth Project Ta De cription and Fee Allotment, is entered into on --eA_, ,,.,,. ' 0 ' , pursuant to an Agreement between ENVIRONMENTAL SCIE E ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated -:ri.J\J 12.. , 2017, (the "Agreement"), the terms of which are incorporated herein by this re erence. 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 Ju1 y 10, 2017, ("proposal"), attached as Appendix "A" for the Project Task Description And Fee Allotment No. 7, (the "Project"). The Project services shall include environmental project managment including oversight and monitoring of consultants and contractors to ensure they are meeting the scope of work to proceed with project as outline in the project permits. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 five (5) working days thereafter. Working days are defined in Part 1 General Provisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols, page 4 section titled "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master 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 $40,530. City Attorney Approved Version 8/3/16 TRAN1571 TABLE 1 FEE ALLOTMENT PROJECT MANAGEMENT OF ENVIRONMENTAL SERVICES ASSOCIATED WITH THE LAKE CALAVERA MITIGATION SITES SITE (FOR THE REMOVAL OF DAM VEGETATION). TASK GROUP Kickoff Meeting Permit Compliance Monitoring Coordination with City Staff Coordination with Resource Agencies Monitor/Manaqe contracts Monitor/Manage Field Activities Project Manaqement Adaptive Management Pre-Implementation Coordination llleqal Encampment & Cleanup Coordination Monitor and Download Wildlife Cameras Asist with permittinq Review legal documents Attend Conferences and Traininq Contingency TOTAL (Not-to-Exceed) Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TIME & MATERIALS $1,050 2,390 3,025 2,475 8,420 7,540 2,100 2,365 1,245 1,020 1,400 2,500 - - 5,000 $40,530 City Attorney Approved Version 8/3/16 2 TRAN1571 CONTRACTOR ENVIRONMENTAL SCIENCE ENVIRONMENTAL SCIENCE ASSOCIATES, ASSOC IA TES, a California corporation a California corporation (name of Contractor) By: (sign here) (sign here) ./Jobl,<,tk.i3;J.:LA!Jih 'iefiior (print name itle) \}f> (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California By: -r Kevin Crawford, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~tk~"""""'~""'--'-~"'°"""'~1----Deputy City Attorney Date: --;+-l!'--=z'---'--1,-+-/.L....LL..-r __ _ City Attorney Approved Version 8/3/16 3 ~ ESA ~ 550 West C Street Suite 750 San Diego, CA 92101 619. 719.4200 phone 619.719.4201 fax Appendix A -Scope of Work Habitat Mitigation Projects Lake Calavera Mitigation Sites Projects Appendix A www.esassoc.com ESA will be providing oversight and management of the Lake Calavera Mitigation sites projects on behalf of the City of Carlsbad (City). The mitigation sites are divided between Lake Calavera Dam Remedial Improvement Mitigation Sites and Lake Calavera Dam Vegetation Removal Mitigation Sites. Following the review of project information are the period of performance and scope of work. The scope of work for the Lake Calavera Dam Maintenance Project is provided in a separate Project Task Description and Fee Allotment (PTDFA). As reviewed below, the Lake Calavera Dam Remedial Improvement Mitigation Sites were originally comprised of 11 plots (sites). Currently, six of these mitigation sites that were required as part of resource agency permits, which were installed approximately 7 years ago, have completed their mitigation and monitoring programs but still need to be signed off as complete by the agencies. The Lake Calavera Dam Vegetation Removal Mitigation Sites (Palm Grove Removal and Native Plant Restoration) include three sites in the northeastern portion of the Lake Calavera Preserve. For the two projects all 9 of these sites occur within the City's Habitat Management Plan (HMP) Preserve Hardiine area. Project Information Lake Calavera Dam Remedial Improvement Mitigation Sites The Lake Calavera Dam Remedial Improvement Mitigation Sites were original comprised of 11 plots. Three of these plots are upland and had been mitigated for through the deduction of the acreage from the City Lake Calavera Mitigation Parcel. Plots 7 and 8 were temporary impact sites downstream of the dam and established without irrigation. The remaining 6 sites (wetland/riparian) are above the dam elevation and depended on irrigation for establishment. Two events have impacted the sites. First, two of the three dam outflow values are inoperable and open, so water flows out of the valves until it is at/below the valve evlevation. Secondly, the area has been impacted by drought and limited irrigation runoff has affected the overall health of the habitat creation and enhancement sites. California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWOCB) and U.S . Army Corps of Engineers (USA CE) have indicated they are ready to sign-off on the sites with the submittal of the Restrictive Covenant (RC). The Carlsbad City Council approved the RC at the June 13, 2017 regular meeting. The Clerk's office has sent the RC to San Diego County Recorded for recordation. The USACE indicated in an email dated April 21, 2017 they would like the valve system repaired and assurance that the lake level will return to the common lake level and ground water levels will return to the higher elevation suppling the wetland/riparian mitigation site plantings with sufficient groundwater. 4 Appendix A The upland plots -Plot 9, 10 and 11 are not required for the permit. Carlsbad Municipal Water District (CMWD) and the Cityhave expended funds to return the old bicycle/hiking trails to native vegetation. In discussion with the Habitat Management Program Manager, the existing approximately 5-year old chain link fence will remain in place. In addition to support the positive plant cover development progress to date and to continue to encourage keeping people out of the open space areas and on legal trails, best management practices to limit erosion and monthly hand watering will continue. AECOM is the environmental consultant monitor for the Remedial Improvement Mitigation Sites and Habitat Restoration Sciences (HRS), is the maintenance contractor. HRS performed maintenance services and hand watering at the upland plots on June 23 and 30, 2017. AECOM has a list of recommendations to be implemented at the site. Lake Calavera Dam Vegetation Removal Mitigation Sites (Palm Grove Removal and Native Plant Restoration) The Lake Calavera Dam Vegetation Removal Mitigation Sites are comprised of three areas in the northeastern portion of the Lake Calavera Preserve. The three areas are demarcated with staking and yellow rope. The areas were selected to maximize the removal of non-native palm trees, in addition to several other species of large non-native trees. All invasives within the roped off areas require non-native vegetation removal: Characteristics of the Areas from a June 2, 2017 site visit are as follows: Area 1: Just south of a City of Oceanside storm drain outfall and most westerly of the three sites Palm trees and other non-native vegetation removed (some stump ground, and other stumps present) and mitigation planting/seeding implementation was completed in November 2016. An irrigation system with sprinkler heads was installed. HRS had just conducted maintenance, and herbicide with dye was visible on the treated weeds. Although a number of scattered weeds are present, the site looks good and young native plants are generally vigorous. Shallow water present in the channel. No recent ra in, so speculation that someone dumped water (e.g., emptied a pool) within an adjacent/upstream residential area that drained into the mitigation site. The site includes two wildlife cameras and a bat box. The wildlife cameras and bat box are not permit requirements. The bat box was installed through an Eagle Scout project through Recreation Division. The cameras can be moved around the site to improve photo documentation until the vegetation is to dense. San Diego Union newspaper is periodically checking the site and talking with the City for preparation of an article at the end of the 5-year program or sooner depending on the growth of the site. The City informs the neighboring community when herbicide will be applied for this site only. Area 2 : Just south of the trail and easterly of Area 1. Myoporum trees were removed, and drilled for injection of herbicide. The palm trees were felled in pace and will not be removed. Installation and native planting completed in November 2016 No irrigation system has been needed. The mitigation area limits are staked and roped (yellow). During June 2, 2017 site visit HRS was treating myoporum re-sprouts and seedlings, and other weeds including sow thistle, clover, and wild celery. Willow cuttings are doing well and are approximately 4-7 feet tall. Other natives include beardless ryegrass and yerba mansa. And volunteer native poison oak and Mexican rush are expanding within the site. 5 ~ ESA .....4 Area 3: most easterly site adjacent to Oak Ri[:>arian Park. Appendix A Large Canary Island palm was removed with only the stump remaining. A re-sprout from the stump has been treated with herbicide. Several other palms within this area were felled in place. The previous canopy extent of the palm is being restored via willow cuttings and native volunteers. The area surrounding this small mitigation area is dominated by mature willows. The site is not currently wet but the soil is typically moist and no temporary irrigation was installed . The willow cuttings are doing well and maintenance mostly includes weed control (palm re-sprouts, mustard, etc.) within the demarcated limits (yellow rope). Period of Performance The period of performance for ESA (and their subcontractors) is June 30, 2017 to November 30, 2018, which is consistent with other task orders for projects included under the Environmental Management Services (EMS) master services agreement. After the completion of this period of performance, the City has the option of amending the agreement and extending the period of performance or issuing a new agreement for services through 2021. Scope of Work Overview The scope of work includes tasks requested by the City that will be conducted on regular intervals in addition to as-needed services requested by the City. ESA will work with and for the City (fulfilling a role similar to adjunct staff) and the overall scope will primarily involve: (1) monitoring and management of the existing contractors and environmental consultants to ensure they are fulfilling their contract/scope requirements within budget and schedule and project tasks are being . successfully completed; (2) oversight of permit compliance and assisting with permit applications and obtaining permits for new projects (as needed); and (3) providing project management services and responding to questions and issues that may arise. The scope of work provided herein is specifically for the Lake Calavera Mitigation Sites projects (i .e., Lake Calavera Dam Remedial Improvement Mitigation Sites and Lake Calavera Dam Vegetation Removal Mitigation Sites). The scope of work is divided into fourteen (14) tasks plus a contingency task. No expected services or budgets are listed under two task headings below for the Lake Calavera Mitigation Sites projects but the tasks are included to provide consistency with the task structure for other projects included in the Carlsbad Environmental Management Services (EMS) program, and in case the City requests services under these tasks later during the period of performance. Task 1: Kickoff Meeting and Establishment of Communication Protocols and Database Organization and Management ESA will attend a kickoff meeting with the City (in person or via phone, as requested by the City). The City may choose to have the contractors and consultants for the Lake Calavera Mitigation Sites projects attend the kickoff meeting. It is expected the kickoff meeting will review project details, establish the project communication protocol desired by the City, and review how data will be stored and provided to the City. For some of the tasks (e.g., site inspections on periodic intervals and monthly review of contractor budgets) the schedule has been established by the City. For these tasks, it is expected ESA will provide a brief notification/confirmation to the 6 r--ESA ~ Appendix A City one to two days before a task is conducted. For any other tasks and services, it is expected ESA will respond to requests and receive confirmation from the City on the level of effort and schedule before work proceeds. ESA will follow a communication protocol that works best for the City. This protocol may include brief status updates via email, including notifications before and after site visits, and regularly scheduled status meetings via conference call or in person. ESA will maintain digital project files and provide files to the City on a routine schedule. It is expected ESA will maintain digital files including but not necessarily limited to: (1) GIS data such as shapefiles of work area and GPS survey points of different features (e.g., exotic plants, pathogen/disease observations, illegal encampment), (2) ESA field observation reports, and (3) any easements and legal documents. The database structure and contents maintained by ESA will be confirmed based on what works best for the City. The database structure and method for sharing data with the City will be confirmed at the kickoff meeting. Estimated Cost: s1,050 Task 2: Organization of Project Permit Requirements (including Notifications and Fees), Project Conditions and Goals, and Assurance of Permit Compliance ESA will review the permit requirements and determine in discussion with the City if a new tracking matrix or other tool would be a helpful (in addition to the tracking method currently being used by the City) in organizing permit requirements for the project, conditions, and necessary administrative actions (e .g., fees, amendment if needed, etc.). ESA has provided the City a permit information-tracking template as an example. Having the permit information well organized with information including but not limited to: (1) authorization and expiration date, (2) required/pending notifications and submittals (including reports and fees), (3) listing of permit requirements, and (4) status of compliance will help focus and streamline monitoring and management activities conducted by ESA and ensure required compliance actions are completed on schedule. Proper permit information organization will support quality assurance for permit compliance and schedule control. A well-organized and thorough understanding of the permit requirements and maintenance requirements is crucial to track appropriate use of resources and budget expended by contractors and consultants retained by the City. As part of this task, ESA will review the permit conditions for the projects and background documents (including monitoring reports) and conduct an initial reconnaissance site assessment to confirm the status of the project. Estimated Cost: s2,390 Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Serving as an extension of staff, ESA (as requested) will attend meetings and provide staff support as needed. ESA will be available to provide updates on the projects, provide technical input and answer questions, and provide recommendations and strategies for providing assistance on permit issues (Note: more 'hands on' permitting assistance is included in Task 12). After meetings, ESA would provide meeting notes to the City, including action items. ESA will develop and review staff reports as requested. Staff reports could include a status summary of the projects, future planned activities, and 7 r--ESA ~ Appendix A summaries of technical issues requested by the City that pertain to the projects (e.g., status of polyphagous shot hole borer and updates of best treatment response, new agency regulatory guidance that may affect future permitting, etc.). Also as requested, ESA will be available to provide public outreach services. ESA can fulfill a variety of roles requested by the City, including presenting project information and/or technical topics, preparing public outreach figures/maps and presentation materials, leading or supporting volunteer field events, and/or taking meeting notes and being available to answer questions. Estimated Cost: s3,025 Task 4: Coordination with-the Wildlife Agencies, USACE, RWQCB, and City Planning Department, As Needed ESA will coordinate with the agencies as requested by the City. ESA will be available to provide support on technical questions, regulatory issues, potential project negotiations (if needed), presentations on the status of the project, and documentation of progress and/or completion of permit requirements. For the Lake Calavera Mitigation sites projects, authorizations were provided by the City, USACE, RWOCB, and CDFW. Coordination with the other agencies in the future is possible based on issues (e .g., presence of threatened or endangered species) that could arise. Estimated Cost: s2,475 Task 5: Monitoring and Management of Consultant and Contractor Budgets and Contracts ESA will monitor and manage contract agreements and budgets in coordination with the City to verify that the consultants and contractors are fulfilling their scopes of work and conducting work within budget for the projects. As reviewed earlier, the City has retained a contractor to conduct periodic watering at the Hoover site, and a contractor is retained for tasks on an as-needed basis for the La Gran Via site. As part of this process, ESA will request updates through the City Capital Improvement Program and Operating Budget. ESA will review the scopes of work, budgets, invoicing requirements, and status of work to confirm their work matches their contract (scope) agreements. With concurrence of the City, ESA will speak with the consultants and contractors to review the status of their work and invoicing, and schedule for site visits and maintenance activities. ESA will review invoices and certified payroll to verify required documentation is provided for projects that require payment of prevailing wages. Information that will be reviewed and verified includes employees' daily and weekly hours worked in each work program level classification (craft), including identification of trainees and apprentices, use of equipment and operator classifications, base hourly rates, overtime rates (if applicable), and method by which fringe benefits are paid (by approved company benefit programs, paid in cash, or a combination of both). ESA will maintain a tracking spreadsheet that will include the project and invoice numbers, review dates, and determination of whether all required information from the contractors is provided. In cases when (1) contractors may submit invoices that exceed the completed percentage of work or (2) contractors claim that they have or will need to conduct "out-of-scope" work, ESA will review the situation (e.g., proposed adaptive management measure or changed condition caused by humans or occurring naturally) and provide a recommendation to the City on a response to the contractor and whether a contract modification is merited or not. If a contractor believe:s a 8 ~ ESA ~ Appendix A project requires out-of-scope work, it is recommended they first submit a summary and request to the City and ESA, and ESA would help evaluate whether the potential out-of-scope work is necessary and whether or not it should be conducted without an amendment under the contractor's existing scope of work. As part of this overall process of managing contractors in coordination with the City, ESA will be available to provide responses (for review by the City) to request for information (RFI) submittals that may be submitted by the contractors during the projects. Estimated Cost: $8,420 Task 6: Monitoring and Management of Consultants and Contractor Field Activities to Assure Permit Compliance ESA in coordination with the City will manage the contractors and consultants working on the projects and perform inspections of the 3 mitigation sites for the Lake Calavera Dam Vegetation Removal Mitigation Sites project at routine intervals (Note: the 6 mitigation sites for the Lake Calavera Dam Remedial Improvement Mitigation Sites project are not expected to require inspections at routine intervals). ESA will obtain a schedule from the consultant and contractor for the Lake Calavera Dam Vegetation Removal Mitigation Sites project regarding their field monitoring and maintenance schedules. ESA will schedule periodic site inspections during and after maintenance visits (but not after every maintenance visit) to document the contractor's activities (e.g., crew size and equipment use) and also the condition of the sites after a maintenance visit. ESA has provided the City an electronic field-monitoring form template as an example, which can be used (as is, or modified based on City input) to document the condition of the sites as a tracking measure to evaluate site performance. ESA will maintain the electronic form with other digital files for tracking. If ESA believes a consultant or contractor is not fulfilling their scope of work or a mitigation site is not in compliance with permit conditions, ESA will notify the City and the consultant or contractor (with City concurrence) to identify potential shortcomings and recommend actions to rectify potential problems. With regard to field monitoring and reports, ESA will confirm the consultant is submitting required memos/reports and collecting annual field data correctly (in terms of the time of year, methods, and statistical validity/repeatability) relative to the mitigation requirements for the 3 mitigation sites for the Lake Calavera Dam Vegetation Removal Mitigation Sites project. ESA will also review memos and draft annual reports to confirm that information is clearly presented including adherence to the project schedules and permit conditions before they are submitted to the resource agencies. If permit and project conditions are not being achieved at an interim phase and a project is partially out of compliance, ESA will verify that measures (i .e., remedial or adaptive management measures) are being taken and presented in the annual report to exhibit how compliance is being addressed and maintained. ESA will provide draft report comments and recommendations to the City . lfthe City agrees with ESA's input, the consultant will be asked to revise a report before it is submitted to the agencies. At the end of ESA's contracted period of performance, ESA will prepare a succinct annual report to the City summarizing the status of all projects that ESA is helping to oversee (as part of the Carlsbad Environmental Management Services program), in addition to permit compliance, adaptive management recommendations, and other topics directed and requested by the City. Under this scope of work, ESA will provide a summary of the Lake Calavera Mitigation sites projects which will be included in the annual report. Estimated Cost: $7,540 9 r'"' ESA ~ Task 7: Assist with Project Management Appendix A Project management assistance will tie in with several other tasks detailed in this scope of work, including management and monitoring of contractors and consultants. ESA will be available to assist the City in any capacity that is needed under this task. Our standard approach to project management is to maintain organized tracking of project timelines and communicate efficiently with the project team. At the request of the City, ESA can serve as adjunct staff and provide project management services as needed, including contract preparation (City of Carlsbad will provide a template), contract review, invoice review and approval, schedule creation and tracking, and communication and meetings with agencies, consultants, contractors, and City staff. Estimated Cost: s2,100 Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures ESA will develop adaptive management measures (as needed) and also monitor, review, and manage adaptive management needs and remedial measures that may be necessary to help maintain permit compliance. ESA will also potentially address (as needed) intrusion and presence of invasive exotic flora, fauna, insects, fungus, etc. ESA will evaluate monitoring data and information from our periodic site inspections and based on memos and reports prepared by consultants. ESA will review potential adaptive management measures and associated costs with the City, contractor(s) and consultant(s) to determine if the methods and/or timing should be revised. Key elements of effective remedial measures include addressing the causal stressor/problem and selecting a cost-efficient approach that provides a sustainable solution and does not extend the planned project schedule. Under this task, ESA will document any detected plant, animal, insect, and/or diseases (via GPS coordinates and photographs) and will develop tailored response measures (to accomplish containment and prevent their spread) for review by the City and/or review and comment on proposed response methods provided by others. Estimated Cost: S2,365 Task 9: Coordination with Appropriate City Staff on Proposed Activities before Implementation in Preserves The 6 mitigation sites for Lake Calavera Dam Remedial Improvement Mitigation Sites project and the 3 mitigaiton sites for the Lake Calavera Dam Vegetation Removal Mitigation Sites project occur within the City's HMP Preserve Hardline area. Therefore, there is expected to be a need to periodically update City's Preserve Manager, Preserve Steward (ESA), City HMP Coordinator, and City Parks and Recreation regarding project activities within the Preserve. If new activities for the Lake Calavera Mitigation sites projects are proposed, ESA will communicate and coordinate with the parties listed above. Key elements of this coordination include confirmation with staff that the activity is warranted 10 Appendix A and properly planned, safety and access considerations have been addressed, sensitive biological resources will be protected, and appropriate monitoring and follow-up documentation will be provided. Estimated Cost: $1,245 Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up ESA will coordinate with appropriate City staff (including City Police Department staff) and agencies to address illegal encampments within or near the sites. Illegal encampments, occupied or unoccupied, may be identified by a number of means, including the projects' contractors or consultants, ESA (during site visits), City staff, law enforcement personnel or other public patrols, and nearby private residents, etc. Encampments are illegal and can be unsafe, unsanitary, and detrimental to the goals of a habitat mitigation sites. When an encampment is detected, ESA will document its specific location on a map and notify the City and Police Department (and additional City staff as appropriate including the City's Preserve Manager, Preserve Steward, and Parks and Recreation Department, etc.). ESA understands the City has initiated hiring two illegal-encampment enforcement rangers through the City's Police Department. It is expected ESA will primarily coordinate communication and cleanup of encampments through these rangers. ESA will be available to confirm relevant permit conditions and constraints regarding sensitive plant or wildlife species, and also suggest the least environmentally damaging ingress/egress routes to accomplish the cleanup. Once the cleanup is finished, ESA will notify the staff and parties who were initially notified that an encampment was present. Estimated Cost: $1,020 Task 11: Monitor and Download Wildlife Cameras ESA will be available to assist with monitoring wildlife cameras and storing the downloaded images. Of the Lake Calavera Mitigation sites projects, only the palm grove mitigation site (Area 1) of the Lake Calavera Dam Vegetation Removal Mitigation Sites includes a wildlife camera. The City indicated that City staff (Dena Emmerson) is downloading images from wildlife cameras, so it is assumed ESA will not download images from the cameras. During site visits ESA will check the wildlife camera boxes and cameras for exterior signs of damage and communicate any observations to the City. ESA will store camera images provided by the City which can be maintained as part of the project digital files and database. Based on the images and information provided by the City, ESA will include attribute information (e.g., project site and date/time, etc.) for the images stored in the database. Estimated Cost: S1,400 Task 12: Assist with Permitting ESA is available to assist the City with a permit amendment, if needed (for a change in project description or a modification of permit conditions), for the Lake Calavera Dam Vegetation Removal Mitigation Sites and also new permits for new projects (Note: permit amendments or new permits are not expected to be needed for the Lake Calavera Dam Remedial Improvement Mitigation Sites project). To assist the City with permitting, ESA would begin by assessing project needs (a renewal, amendment or new permit, emergency or non-emergency), fees, and permitting timelines. 11 r--ESA ~ Appendix A It is expected that typical permitting needs for projects such as vegetation maintenance within state or federal jurisdictional areas will be covered under the USACE Nationwide Permit (NWP) program but will require a standard 401 Water Quality Certification and standard or routine maintenance Lake or Streambed Alteration Agreement. Vegetation maintenance projects within jurisdictional areas (and activities/impact projects that require habitat mitigation) with impacts exceeding NWP thresholds may require impact threshold waivers or permitting under the lengthier individual permit process. Regardless of permit type, ESA would work with the City to streamline permitting efforts by standardizing permitting materials and packages so that only project-specific edits will be needed for future submittals. For emergency vegetation maintenance within jurisdictional areas, ESA would be available to assist with preparing and tracking deadlines for post-impact notifications to USACE, RWOCB, and CDFW, as needed. Estimated Cost: $2,500 Task 13: Review of Legal Documents It is not expected that review of legal documents will be needed for the projects during the scope of work period of performance. Therefore, no budget is provided for this task for the Lake Calavera Mitigation sites projects. As indicated earlier under Project Information, the Carlsbad City Council approved the Restrictive Covenant (RC) at the June 13, 2017 regular meeting for the 6 mitigation sites that are above the dam elevation for the Lake Calavera Dam Remedial Improvement Mitigation Sites project. Currently, staff is processing a staff report through the City to authorize the City Manager to execute the Restrictive Covenants for the three areas covered in this Mitigation Site. Right of Way Eningeering is under contract to prepare tehplat and legal descritopn. If the need for review of legal documents arises during the scope of work period of performance, work could be conducted under Task 15 (Contingency) upon request and direction of the City. Estimated Cost: so Task 14: Attendance of Conferences and Trainings ESA understands the importance and value of applying the best new science and approaches for addressing ever challenging and emerging issues. ESA will continue to attend and present our projects at training sessions and conferences on our own time. Therefore, a budget for this task is not included in this scope of work. The only exception to this would be if the City requested that ESA attend a training session or conference on behalf of the City . If so, attendance could be conducted under Task 15 (Contingency) upon request and direction of the City. Estimated Cost: so Task 15: Contingency It is understood that some tasks requested by the City could arise that would not be covered by the tasks and task budgets listed above. Under this scenario, ESA would prepare a scope and cost for the requested task for submittal to the City. ESA would not proceed with work on the task without written approval of the City. Estimated Cost S5,ooo TOTAL ESTIMATED COST (for all tasks including contingency): $40,530 Work will be invoiced monthly on a time-and-materials basis in accordance with the Schedule of Fees 12 LAKE CALAVERA MITIGATION SITES PROJECTS TASKS AND ESTIMATED LABOR HOURS1 Anticipated Tasks Estimated ESA Team Staff Hours Task 1 : Kick-Off Meeting and Establishment of Communication Protocols and Database Organization and Management. Task 2: Organization of Permit Requirements (including Notifications and Fees), Project Success Standards and Goals, and Assure Permit Compliance Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Task 4: Coordination with the Wildlife Agencies, USACE, RWOCB, and City Planning Department, As Needed Task 5: Monitoring and Management of Consultant and Contractor Budgets and Contracts Task 6: Monitoring and Management of Contractor and Consultant Field Activities and Reports to Assure Permit Compliance Task 7: Assist with Project Management Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures Task 9: Coordinate with Appropriate City Staff on Proposed Activities before Implementation in Preserves Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up Task 11: Monitor and Download Wildlife Cameras Task 12: Assist with Permitting Task 13: Review Legal Documents Task 14: Attend Conferences and Trainings2 Task 15: Contingency TOTAL hours Project Manager 2 3 7 7 12 12 6 6 3 2 1 3 0 0 10 74 Lead Field Monitor 1 8 8 6 42 32 4 6 5 5 4 2 0 0 14 137 Other 3 4 3 2 4 6 2 2 0 0 4 10 0 0 7 47 1 Anticipated hours are for 17 months (June 301 2017 to November 301 2018). The projects include the Lake Calavera Dam Remedial Improvement Mitigation Sites project and Lake Calavera Dam Vegetation Removal Mitigation Sites project. Total 6 15 18 15 58 50 12 14 8 7 9 15 0 0 31 258 2 As stated in Addendum No. 11 the selected consultant will be required to be knowledgeable and capable, and attendance at training sessions and conferences will not be included in the scope of work. The ESA team will continue to attend training sessions and conferences, etc., on our own company time. 13 LOCATION MAP I j 0='.i \ }J~ \ 1r= , s \r, ---------~; ---~\ -;-;~ .. :~, ~1-:..1 ,I I -,a::t:..J __ >-./ ' \ --------- ----------------- -~ / \ ---------,---~8/1 I / \.____.------------\--. ----------------- ~--';i \ '1 r--i· ,, / \, [Ji'/ \\ \ .,\ ,/ \ 1 ! ________ l __ lll ---- NOT TO SCALE PROJECT NAME \ \ .. ' Calavera Dam & Lake Calavera Preserve Mitigation Sites 14 Document Path: J:\RequestsMarch2015\PublicWorks\Utilities\00027229_ 17\CalaveraDam+RestorationSites.mxd VICINITY MAP / u EXHIBIT 1 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/26/2017 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 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 CONTACT Chris Kelley NAME: Woodruff-Sawyer & Co. p~~N,_\=n ~-,. 415-402-6521 I rt,~ Nol: 415-989-9923 50 California Street, Floor 12 ~;;'1,-;IJ~""· ckelley@wsandco.com San Francisco CA 94111 INSURER/SI AFFORDING COVERAGE NAIC# INsuRERA ,XL Specialty Insurance Company 37885 INSURED ENVISCl-01 INSURER s ,Greenwich Insurance Company 22322 Environmental Science Associates INSURERC: 550 Kearny Street, Ste 800 INSURER D: San Francisco, CA 94108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 1326468351 REVISION NUMBER· 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 ,n " POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYYJ IMM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY y GECD01336714 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE us] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $1,000,000 X Contractual Liab MED EXP (Any one person) $10,000 - __2S__ _stop Gao PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fxl 0 PRO-D PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT LDC OTHER: No Deductible $ A AUTOMOBILE LIABILITY AEC001336514 1/1/2017 1/1/2018 COMBINED ::SINGLE LIMIT $1,000,000 (Ea accident) -X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED i PROPERTY DAMAGE X HIRED AUTOS X AUTOS IPer accident) $ ~ 1 X No Ded. i $ UMBRELLA LIAS H OCCUR EACH OCCURRENCE $ -EXCESS LIAS CLAIMS-MADE AGGREGATE ,$ OED I I RETENTION $ $ A WORKERS COMPENSATION WEC001337414 1/1/2017 1/1/2018 I PER I I OTH- AND EMPLOYERS' LIABILITY X STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ON/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) D170606. On Call Biological Services. The Carlsbad Municipal Water District and the City of Carlsbad, its officials, employees and volunteers are additional insureds per endorsements attached. Coverage is Primary and Non-Contributory. Waivers of Subrogation apply per the attached forms. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Contract Administration ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE I ~ ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ENDORSEMENT #006 , This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued toV ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location And Description Of Completed Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. , Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this policy remain unchanged. XIL 2037-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 1 ENDORSEMENT #007 This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued to ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location(s) Of Covered Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 2 / 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 2 of 2 POLICY NUMBER: GEC001336714 / COMMERCIAL GENERAL LIABILITY CG 2404 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AG~NSTOTHERSTOUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC000313 (Ed. 4-84) 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 Where required by written agreement signed prior to loss. 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 January 1, 2017 Policy No. WEC001337414 Endorsement No. Insured ENVIRONMENTAL SCIENCE ASSOCIATES A\')n Insurance Company Countersigned by----~=--==---=--===--:::=:::~_::-______ _ XL Specialty Insurance Company WC 00 0313 (Ed. 4-84) @ 1983 National Council on Compensation Insurance. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 PROJECT NO. 5049 TRAN1571 This sixth Project Task Description and Fee Allotment, is entered into on cJ<'f? lt::iYd)x'i 2t~1 Z Cll , pursuant to an Agreement between ENVIRONMENTAL SCIENC ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated <J\JI~ )Z , 2017, (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 Ju1y 10, 2017, ("proposal"), attached as Appendix "A" for the Project Task Description And Fee Allotment No. 6, (the "Project"). The Project services shall include environmental project managment including oversight and monitoring of consultants and contractors to ensure they are meeting the scope of work to proceed with project as outline in the project permits. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 five (5) working days thereafter. Working days are defined in Part 1 General Provisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols, page 4 section titled "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master 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 $31,305. City Attorney Approved Version 8/3/16 TRAN1571 TABLE 1 FEE ALLOTMENT PROJECT MANAGEMENT OF ENVIRONMENTAL SERVICES ASSOCIATED WITH THE VEGETATION REMOVEAL IN THE LAKE CALAVERA DAM AND SOPILLWAY TASK GROUP Kickoff Meetina Permit Compliance Monitoring Coordination with City Staff Coordination with Resource Aaencies Monitor/Manage contracts Monitor/Manaoe Field Activities Project Management Adaptive Manaoement Pre-Implementation Coordination Illegal Encampment & Cleanup Coordination Monitor and Download Wildlife Cameras Asist with permittinq Review legal documents Attend Conferences and Training Contigency TOTAL (Not-to-Exceed) Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TIME & MATERIALS $950 1,250 2,360 1,380 5,800 6,580 1,700 1,460 1,345 980 - 2,500 - - 5,000 $31,305 City Attorney Approved Version 8/3/16 2 TRAN1571 SCIENCE ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation (name of Contractor) By: (sign here) (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California By: Date: t/;c7 1 17 -----------ublic Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_~----- Deputy City Attorney City Attorney Approved Version 8/3/16 3 ~ r:,:T 0 g -:i: ~ It' ,p ~ I ) )'' ~ HOT ro SCALI!!' PROJECT NAME LOCATION MAP r --- --.----::1 : ~· -·•-••-••j ~ I i ~ I -~---.....: .,/""- I --- ---\ / u I , I L-\, L __ EXHIBIT Calavera Dam & Lake Ca/avera Preserve Mitigation Sites 15 1 Document Path: J:\RequestsMarch2015\PublicWorks\Utilities\00027229_ 17\CalaveraDam+RestorationSites.mxd Appendix A building including fencing for improved site security around the dam operations. Vegetation was removed at that time, but had grown back. Pursuant to DSOD directives, vegetation on the dam and in the spillway should be removed as needed to allow visual inspection of dam for erosion, rodent burrowing, and for general dam safety. Responsibility for supervision of dams and reservoirs is assigned to the Department of Water Resources (DWR) and delegated to the DSOD. Water Code Sections 6000 to 6004.5 and 6025.5 identify dams and reservoirs that are under State jurisdiction. In matters relating to the California Environmental Quality Act (CEOA), the DWR is typically the lead or responsible agency for dams and reservoirs. According to CEQA Section 15301(m), repair and maintenance of dams is exempt from CEOA; however, Section 15300. 2(a) states "a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant." Therefore, since the repair activities involve the removal of sensitive habitat, the project will required environmental review. The City (the CEQA lead agency and the project proponent) determined that an Initial Study was required. The DSOD, California Department of Fish and Wildlife (CDFW), and CMWD are the responsible agencies under CEQA. Historically, operation of the dam has been paid for by water enterprise funds. CMWD no longer needs the reservoir for drinking water purposes and the dam is functioning as a storm water retention facility. Beginning in FY 2017-2018, the operation of the dam will be funded through General Capital construction funds. Project Purpose The purpose of the project is to respond to a recommendation from the DSOD in multiple field inspection reports, that the following actions be taken: Remove the small trees located near the downstream end of the spillway channel on the top left side; and Remove all obscuring vegetation from the upstream and downstream faces of the dam, including the cattails on the upstream face. The DSOD field inspection report further explained that the "dense tule growth on the upstream face of the dam made it difficult to conduct a thorough visual inspection and provided an inviting area for rodents and burrowing animals. All tules located on the upstream face of the dam should be removed." Project Description The project site is located at the southwestern end of Lake Calavera, off Tamarack Avenue in the City of Carlsbad. The project entails removal of vegetative material from the north (lakeside or upstream side) and south (downstream side) faces of the dam, spillway, and outlet structure in response to an order from the DSOD. The project includes initial vegetation removal (conducted in 2012) and ongoing, periodic vegetation removal in perpetuity. This ongoing vegetation removal is required in order to comply with DSOD permits for the dam. It allows for visual inspection of the structure to keep dam erosion in check and minimize rodent burrowing. The vegetation in the immediate and surrounding (within 400 feet from the dam) vicinity is dominated by Diegan Coastal Sage Scrub, Disturbed Land, Coastal and Valley Freshwater Marsh, Non-native Grassland, Non-native Vegetation, Southern Willow Scrub, Mule Fat Scrub, Coast Live Oak, Riparian Forest, and Open Water. 5 Appendix A The project consists of routine maintenance to the existing Lake Calavera Reservoir intake/outlet structure intended to remove potential impediments to flows from the dam, spillway, access road, and dam face (upstream and downstream). Minor vegetation removal from the control building and security fencing will also be performed concurrently. Additionally, initial vegetation removal was required and included removal of all vegetation to 4 inches above the ground surface which was completed outside the nesting bird season (February 15 to September 15). Roots will remain in place to provide erosion control and slope stability. The ongoing routine maintenance will require periodic removal of vegetation when vegetation exceeds 6 inches in height. The City estimates maintenance will be required approximately 3 to 6 times per year, depending on weather conditions. Because this vegetation grows rapidly during the bird breeding season, vegetation removal may be required during the breeding season. Should vegetation removal be required during the breeding season, pre-maintenance nesting bird surveys will be conducted and areas of nesting birds will be avoided. The total area subject to ongoing maintenance activities (vegetation removal) includes approximately 3 acres, 2.8 acres of which has been continuously maintained in the past. Vegetation (including some riparian habitat) has been removed and continues to be removed using any or all of the following methods: by hand, application of herbicide, and mechanically (using a Gradall excavator [or equivalent] from the top of the dam). All mechanical equipment and trucks used during maintenance activities are specified to be staged in paved or developed areas on the top of the dam or on the access road where the substrate is either bare ground or paved. No ground disturbance (i.e., grading) is included as part of the project. Initial maintenance included removal of some trees and shrubs as well as low-growing vegetation. When necessary, installation of temporary exclusionary fencing would ensure that the limits of construction are clearly defined and clearly visible to personnel on foot and equipment operators prior to brush-clearing activities. Construction personnel shall strictly limit their activities and vehicles to the approved project construction areas, approved staging areas, and routes of travel. The lake level may be lowered by up to approximately 3 feet in order for submerged vegetation to be removed. No permits or permissions are required from the DSOD for the CMWD to perform maintenance (including lowering and raising lake levels as required for maintenance activities). For the initial vegetation removal, vegetative materials were mulched in a chipper and hauled away in trucks to an approved disposal facility. This removal effort occurred outside the bird breeding season. Routine vegetation removal maintenance activities will occur in perpetuity, as needed, for a period of approximately 1 to 5 days per maintenance event, which may occur approximately 3 to 6 times per year. During the bird breeding season, vegetation materials will be mulched off site to avoid noise disturbance to nearby habitats. A Mitigated Negative Declaration (EIA 11-02) was filed for the project and a Notice of Determination filed with the San Diego County Recorded December 18, 2012. A CDFW Streambed Alteration Agreement (SAA) 1600-2013-0241-R5 was applied for November 22, 2013 which was effective on January 22, 2017 and expires January 15, 2026. Because of only vegetation clearing, the only required permit was issued by CDFW. The SAA can be extended. nee The period of performance for ESA (and their subcontractors) is June 30, 2017 to November 30, 2018, which is consistent with other task orders for projects included under the Environmental Management Services (EMS) master services agreement. After the completion of this period of performance, the City has the option of amending the agreement and extending the period of performance or issuing a new agreement for services through 2021. 6 I . ' \ -~-" Scope of Work Overview Appendix A The scope of work includes tasks requested by the City that will be conducted on regular intervals in addition to as-needed services requested by the City. ESA will work with and for the City (fulfilling a role similar to adjunct staff) and the overall project scope will primarily involve: (1) monitoring and management of the existing contractor and consultant to ensure they are fulfilling their contract/scope requirements within budget and schedule and project tasks are being successfully completed; (2) oversight of permit compliance and assisting with permit applications and obtaining permits for new projects (as needed); and (3) providing project management services and responding to questions and issues that may arise. The scope of work provided herein is for the Lake Calavera Dam Maintenance project. The scope of work is divided into fourteen (14) tasks plus a contingency task. No expected services or budgets are listed under some task headings below for the Lake Calavera Dam Maintenance project but the tasks are included to provide consistency with the task structure for other projects included in the Carlsbad EMS program, and in case the City requests services under these tasks later during the period of performance. Task 1: Kickoff Meetinq and Establislrnient of Cornmimication Protocols and Database Organization and Managenwnt ESA will attend a kickoff meeting with the City (in person or via phone, as requested by the City). The City may choose to have the contractor and consultant for the Lake Calavera Dam Maintenance project attend the kickoff meeting. It is expected the kickoff meeting will review project details, establish the project communication protocol desired by the City, and review how data will be stored and provided to the City. For some of the tasks (e.g., site inspections on periodic intervals and monthly review of contractor budgets) the schedule has been established by the City. For these tasks, it is expected ESA will provide a brief notification/confirmation to the City one to two days before a task is conducted. For any other tasks and services, it is expected ESA will respond to requests and receive confirmation from the City on the level of effort and schedule before work proceeds. ESA will follow a communication protocol that works best for the City. This protocol may include brief status updates via email, including notifications before and after site visits, and regularly scheduled status meetings via conference call or in person. ESA will maintain digital project files and provide files to the City on a routine schedule. It is expected ESA will maintain digital files including but not necessarily limited to: (1) GIS data such as shapefiles of work area and GPS survey points of different features (e.g., exotic plants, pathogen/disease observations, illegal encampment), (2) ESA field observation reports, and (3) any easements and legal documents. The database structure and contents maintained by ESA will be confirmed based on what works best for the City. The database structure and method for sharing data with the City will be confirmed at the kickoff meeting. Estimated Cost: $950 7 Appendix A 1' d:,k 2. Organiz.::,tion of Project Pr .. •rmit Requiren1t:nts ~including Notification-, .,nd ,-0 ' .... ,. . • G I J A -D ' C 1· rf'f',) , roi~ct \..Onc11t10nc; ano JOi'l.':,. ano . s,;ur,H~<"e o; , errn1t omp 1anc0 ESA will review the permit requirements and determine in discussion with the City if a new tracking matrix or other tool would be a helpful (in addition to the tracking method currently being used by the City) in organizing permit requirements for the project, conditions, and necessary administrative actions (e.g., fees, amendment if needed, etc.). ESA has provided the City a permit information-tracking template as an example. Having the permit information well organized with information including but not limited to: (1) authorization and expiration date, (2) required/pending notifications and submittals (including reports and fees), (3) listing of permit requirements, and (4) status of compliance will help focus and streamline monitoring and management activities conducted by ESA and ensure required compliance actions are completed on schedule. Proper permit information organization will support quality assurance for permit compliance and schedule control. A well-organized and thorough understanding of the permit requirements and maintenance requirements is crucial to track appropriate use of resources and budget expended by contractors and consultants retained by the City. As part of this task, ESA will review the permit conditions for the project and background documents (including monitoring reports) and conduct an initial reconnaissance site assessment to confirm the status of the project. Estimated Cost: s1,250 1 Jsk ::: b1cetings with City Stah, Coordination. Development ,:n1d Revie\.'.s 01' \/ci, nu., ~-t:df F~eports. :rnd Public Outre,:lch P .. uticip;:ition Serving as an extension of staff, ESA (as requested) will attend meetings and provide staff support as needed. ESA will be available to provide updates on the project, provide technical input and answer questions, and provide recommendations and strategies for providing assistance on permit issues (Note: more 'hands on' permitting assistance is included in Task 12). After meetings, ESA would provide meeting notes to the City, including action items. ESA will develop and review staff reports as requested. Staff reports could include a status summary of the project, future planned activities, and summaries of technical issues requested by the City that pertain to the project (e.g., status of polyphagous shot hole borer and updates of best treatment response, new agency regulatory guidance that may affect future permitting, etc.). Also as requested, ESA will be available to provide public outreach services. ESA can fulfill a variety of roles requested by the City, including presenting project information and/or technical topics, preparing public outreach figures/maps and presentation materials, leading or supporting volunteer field events, and/or taking meeting notes and being available to answer questions. Estimated Cost: $2,360 ·rd'.,;, ,.t· Coordination with the Wildlife Agencies. USACE, RWQCS, and City PL,rnn:•1,;1 D·:·p,HtnH"nt As Needed 8 Appendix A ESA will coordinate with the agencies as requested by the City. ESA will be available to provide support on technical questions, regulatory issues, project negotiations if needed (including development of appropriate mitigation conditions, if needed in the future), presentations on the status of the project, and documentation of progress, compliance and/or completion of permit requirements. For the Lake Calavera Dam Maintenance project, authorizations were provided by the City and CDFW. Coordination with the other agencies in the future is possible based on issues (e.g., presence of threatened or endangered species) that could arise. Estimated Cost: $1,380 Task 5: Monitoring and Management of Consldtant and Contra<:tot Budgets and (ontr:1cts ESA will monitor and manage contract agreements and budgets in coordination with the City to verify that the contractor and environmental consultant are fulfilling their scopes of work and conducting work within budget for the project. As part of this process, ESA will request updates through the City Capital Improvement Program and Operating Budget. ESA will start by reviewing the scopes of work, budgets, invoicing requirements, and status of work and invoicing conducted to date to determine if the contractor and consultant efforts are on track or not, relative to their contract agreements. With concurrence of the City, ESA will speak with the contractor and consultant to review the status of their work and invoicing, and schedule for site visits, maintenance activities, monitoring activities and reporting. ESA will review invoices and certified payroll to verify required documentation is provided for projects that require payment of prevailing wages. Information that will be reviewed and verified includes employees' daily and weekly hours worked in each work program level classification (craft), including identification of trainees and apprentices, use of equipment and operator classifications, base hourly rates, overtime rates (if applicable), and method by which fringe benefits are paid (by approved company benefit programs, paid in cash, or a combination of both). ESA will maintain a tracking spreadsheet that will include the project and invoice numbers, review dates, and determination of whether all required information from the contractor and consultant is provided. In cases when (1) contractors may submit invoices that exceed the completed percentage of work or (2) contractors claim that they have or will need to conduct "out-of-scope" work, ESA will review the situation (e.g., proposed adaptive management measure or changed condition caused by humans or occurring naturally) and provide a recommendation to the City on a response to the contractor and whether a contract modification is merited or not. If a contractor believes a project requires out-of-scope work, it is recommended they first submit a summary and request to the City and ESA, and ESA would help evaluate whether the potential out-of-scope work is necessary and whether or not it should be conducted without an amendment under the contractor's existing scope of work. Estimated Cost: s5,800 Task 6: Monitoring and Mandgement of Consultant and Contractor Field Activities and Reports to Assure Permit Compliance ESA in coordination with the City will manage the contractor and consultant and perform inspections of the site at periodic intervals. ESA will have obtained a schedule from the consultant and contractor regarding their field monitoring and maintenance schedules. ESA will schedule periodic site inspections during and after maintenance visits (but not after 9 ., ...;. I· ' I \ Appendix A every maintenance visit) to document the contractor's activities (e.g., crew size and equipment use) and also the condition of the site after a maintenance visit. ESA has provided the City an electronic field-monitoring form template as an example, which can be used (as is, or modified based on City input) to document the condition of the site as a tracking measure to evaluate contractor performance. ESA will maintain the electronic form with other digital files for tracking. If ESA believes a consultant or contractor is not fulfilling their scope of work or the project is not in compliance with permit conditions, ESA will notify the City and the consultant or contractor (with City concurrence) to identify potential shortcomings and recommend actions to rectify potential problems. With regard to field monitoring and reports, ESA will confirm the consultant is submitting required memos/reports and collecting annual field data correctly (in terms of the time of year and methods) relative to the maintenance plan and mitigation requirements. ESA will also review memos and draft annual reports to confirm that information is clearly presented including adherence to the project schedule and permit conditions before they are submitted to the resource agencies (i.e., CDFW). If permit and project conditions are not being achieved at an interim phase and the project is partially out of compliance, ESA will verify that measures (Le., remedial or adaptive management measures) are being taken and presented in the annual report to exhibit how compliance is being addressed and maintained. ESA will provide draft report comments and recommendations to the City. If the City agrees with ESA's input, the consultant will be asked to revise a report before it is submitted to the agencies. At the end of ESA's contracted period of performance, ESA will prepare a succinct annual report to the City summarizing the status of all projects that ESA is helping to oversee (as part of the Carlsbad Environmental Management Services program), in addition to permit compliance, adaptive management recommendations, and other topics directed and requested by the City. Under this scope of work, ESA will provide a summary of the Lake Calavera Dam Maintenance project site which will be included in the annual report. Estimated Cost: $6,580 Project management assistance will tie in with several other tasks detailed in this scope of work, including management and monitoring of contractors and consultants. ESA will be available to assist the City in any capacity that is needed under. this task. Our standard approach to project management is to maintain organized tracking of project timelines and communicate efficiently with the project team. At the request of the City, ESA can serve as adjunct staff and provide project management services as needed, including contract preparation (City of Carlsbad or CMWD will provide a template), contract review, invoice review and approval, schedule creation and tracking, and communication and meetings with agencies, consultants, contractors, and City staff. Estimated Cost: $1,700 Task g Monitoring, Reviev\ and M~nagement of Ad.:1µti11e M,:1nagernent N a,id Proposed Measure:; ESA will monitor, review, and manage adaptive management needs and remedial measures that may be necessary to help maintain permit compliance, and also to potentially address intrusion and presence of invasive exotic flora, fauna, insects, 10 LS\ Appendix A fungus, etc. ESA will evaluate monitoring data and information from our periodic site inspections and based on memos and reports prepared by the consultant. ESA will review the measures and associated cost to determine if the methods and/or timing should be revised for adaptive management measures and remedial measures proposed by the contractor and/or consultant. Key elements of effective remedial measures include addressing the causal stressor/problem and selecting a cost-efficient approach that provides a sustainable solution and does not adversely alter the project schedule. Under this task, ESA will document any detected plant, animal, insect, and/or diseases (via GPS coordinates and photographs) and will review and comment on proposed response methods (to accomplish containment and prevent their spread) provided by the consultant or contractors, and/or ESA will develop tailored response measures for review by the City. Estimated Cost: $1,460 Task 9: Coordination with Appropriclte City Staff on Proposed Activities before !mn!erncnt,1tion in Preserves The Lake Calavera Dam Maintenance project occurs within the City's HMP Preserve Hardline area. Therefore, there is expected to be a need to periodically update City's Preserve Manager, Preserve Steward (ESA), City HMP Coordinator, and City Parks and Recreation regarding project activities within the Preserve. If new activities for the Lake Calavera Dam Maintenance project are proposed, ESA will communicate and coordinate with the parties listed above. Key elements of this coordination include confirmation with staff that the activity is warranted and properly planned, safety and access considerations have been addressed, sensitive biological resources will be protected, and appropriate monitoring and follow-up documentation will be provided. Estimated Cost: U,345 Task 10: Coordination with Appropriate Staff and Agencies to Address Iliegal Encampments and Coord111ate Clean-Up ESA will coordinate with appropriate City staff (including City Police Department staff) and agencies to address illegal encampments within or near the project site. Illegal encampments, occupied or unoccupied, may be identified by a number of means, including the project contractor or consultant, ESA (during site visits), City staff, law enforcement personnel or other public patrols, and nearby private residents, etc. Encampments are illegal and can be unsafe, unsanitary, and detrimental to the goals of a vegetation maintenance site. When an encampment is detected, ESA will document its specific location on a map and notify the City and Police Department (and additional City staff as appropriate including the City's Preserve Manager, Preserve Steward, and Parks and Recreation Department, etc.). ESA understands the City has initiated hiring two illegal-encampment enforcement rangers through the City's Police Department. It is expected ESA will primarily coordinate communication and cleanup of encampments through these rangers. ESA will be available to confirm relevant permit conditions and constraints regarding sensitive plant or wildlife species, and also suggest the least environmentally damaging ingress/egress routes to 11 \ Appendix A accomplish the cleanup. Once the cleanup is finished, ESA will notify the staff and parties who were initially notified that an encampment was present. Estimated Cost: $980 Currently, there is not a wildlife camera at project site and there are no current plans to install cameras. Therefore, no budget is provided for this task for these projects. Estimated Cost: $0 ESA is available to assist the City with a permit amendment, if needed (for a change in project description or a modification of permit conditions), for the Lake Calavera Dam Maintenance project and also new permits for new projects. To assist the City with permitting, ESA would begin by assessing project needs (a renewal, amendment or new permit, emergency or non-emergency), fees, and permitting timelines. It is expected that typical permitting needs for projects such as vegetation maintenance within state or federal jurisdictional areas will be covered under the USACE Nationwide Permit (NWP) program but will require a standard 401 Water Quality Certification and standard or routine maintenance Lake or Streambed Alteration Agreement. Vegetation maintenance projects within jurisdictional areas (and activities/impact projects that require habitat mitigation) with impacts exceeding NWP thresholds may require impact threshold waivers or permitting under the lengthier individual permit process. Regardless of permit type, ESA would work with the City to streamline permitting efforts by standardizing permitting materials and packages so that only project-specific edits will be needed for future submittals. For emergency vegetation maintenance within jurisdictional areas, ESA would be available to assist with preparing and tracking deadlines for post-impact notifications to USACE, RWOCB, and CDFW, as needed. Estimated Cost: $2,500 It is not expected that review of legal documents will be needed for the Lake Calavera Dam Maintenance project during the scope of work period of performance. Therefore, no budget is provided for this task for this project. If the need for review of legal documents arises during the scope of work period of performance, work could be conducted under Task 15 (Contingency) upon request and direction of the City. Estimated Cost: $0 12 Appendix A ESA understands the importance and value of applying the best new science and approaches for addressing ever challenging and emerging issues. ESA will continue to attend and present our projects at training sessions and conferences on our own time. Therefore, a budget for this task is not included in this scope of work. The only exception to this would be if the City requested that ESA attend a training session or conference on behalf of the City. If so, attendance could be conducted under Task 15 (Contingency} upon request and direction of the City. Estimated Cost: so It is understood that some tasks requested by the City could arise that would not be covered by the tasks and task budgets listed above. Under this scenario, ESA would prepare a scope and cost for the requested task for submittal to the City. ESA would not proceed with work on the task without written approval ofthe City. Estimated Cost $5,000 TOTAL ESTIMATED COST (for all tasks including contingency): s31,305 Work will be invoiced monthly on a time-and-materials basis in accordance with the Schedule of Fees 13 LAKE CALAVERA DAM MAINTENANCE PROJECT TASKS AND ESTIMATED LABOR HOURS1 i Task 1: Kick-Off Meeting and Establishment of Communication 2 I Pcotocol, aod Data bas, o,gaoi,atioo aod Maoag,meot. •· Task 2: Organization of Permit Requirements (including Notifications 2 and Fees), Project Conditions and Goals, and Assure Permit Compliance • Task 3: Meetings with City Staff, Coordination, Development and 5 Review of Various Staff Reports, and Public Outreach Participation Task 4: Coordination with the Wildlife Agencies, USACE, RWGCB, and 4 City Planning Department, As Needed Task 5: Monitoring and Management of Consultant and Contractor 8 Budgets and Contracts Task 6: Monitoring and Management of Contractor and Consultant 10 Field Activities and Reports to Assure Permit Compliance Task 7: Assist with Project Management 6 Task 8: Monitoring, Review and Management of Adaptive Management 4 Needs and Proposed Measures Task 9: Coordinate with Appropriate City Staff on Proposed Activities 3 before Implementation in Preserves Task 10: Coordination with Appropriate Staff and Agencies to Address 2 Illegal Encampments and Coordinate Clean-Up Task 11: Monitor and Download Wildlife Cameras 0 Task 12: Assist with Permitting 3 Task 13: Review Legal Documents 0 Task 14: Attend Conferences and Trainings' 0 Task 15: Contingency 10 TOTAL hours 59 'Anticipated hours are for 17 months (June 30, 2017 to November 30, 2018), 1 2 5 4 2 8 6 3 14 3 l 8 30 2 40 28 6 44 2 l 9 3 l 8 5 0 8 4 0 6 0 0 0 2 10 15 0 0 0 0 0 0 14 7 31 102 35 196 1 As stated in Addendum No. 1, the selected consultant will be required to be knowledgeable and capable, and attendance at training sessions and conferences will not be included in the scope of work. The ESA team will continue to attend training sessions and conferences, etc., on our own company time. 14 ~ r:,:T 0 g -:i: ~ It' ,p ~ I ) )'' ~ HOT ro SCALI!!' PROJECT NAME LOCATION MAP r --- --.----::1 : ~· -·•-••-••j ~ I i ~ I -~---.....: .,/""- I --- ---\ / u I , I L-\, L __ EXHIBIT Calavera Dam & Lake Ca/avera Preserve Mitigation Sites 15 1 Document Path: J:\RequestsMarch2015\PublicWorks\Utilities\00027229_ 17\CalaveraDam+RestorationSites.mxd : ! I ·Feb2017 Effective 2017, ESA Officers and select other Certified Contract Signers are authorized to sign contracts, modifications, and subcontracts. Following are the authorized indivi?uals by ESA office. *Note: The individuals highlighted in BOLD type are authorized to sign engineering and design contracts. See Signature Authority Policy_ for guidance on signature authority levels and Contract Review FAQs AUTHORIZED ESA CONTRACT SIGNERS: OFFICERS + CERTIFIED CONTRACT SIGNERS NORTHWEST REGION " Molly Adolfson, Sr. VP, NW Water Practice Leader Seattle Office " Margaret Clancy, VP, NW Regional Director " Teresa Vanderburg, VP, NW Biological Resources Practice Leader ~ Paul Agrimis, P.E., VP, Landscape Architecture Program Leader" Portland Office .. Ken Vigil, P.E., VP, NW Environmental Hydrology Practice Leader" • Joe Richards, Senior Technical Expert, NW EH* • Susan Cunningham, Program Manager, NW Biological Resources NORTHERN CALIFORNIA REGION Petaluma Officer " Betty Andrews, P.E., VP, Sr. Program Manager EH* • Jim O'Toole, VP, CA Water Practice Leader • Bob Battalio, P.E., VP, Chief Engineer"' • Annette Bonilla, VP, HR Director " Ann Borgonovo, P.E., VP, CA EH Practice Leader* San Franc:sco • Albert Cuisinot, Sr. VP, CFO .. Leslie Moulton-Post, President, CEO .. Gary Oates, Sr. VP, Strategic Client Director .. Brian Ramos, Sr. VP, COO , • Janna Scott, SF Office Leader Oakland Office .. TBD-{once we expand our Oakland office in Q2 2017) • Steve Alverson, Sr. VP, Strategic Client Director • Brian Boxer, Sr. VP, NorCal Regional Director Sacramento Office 0 Erich Fischer, Sr. VP CA Biological Resources Practice Leader • Cathy McEfee, VP, Central Valley :,Nater Group Director .. Dana McGowan, VP, Cultural Resources Practice Leader SOUTHERN CALIFORNIA REGION Ventura Office ' Monica Strauss, Cultural Resources Director i . Santa Monica Office I • Greg Broughton, VP, Strategic Client Director • Jay Ziff, Community Development Program Director • Terri Avila, VP, CA Community Development Practice Leader Los Angeles Office • Tom Barnes, VP, SoCal Water and Energy Director • Deanna Hansen, VP, SoCal Community Development Director Pasadena Office .. Heidi Rous, Air Quaiity Services Director Irvine Office . Steve Nelson, VP, SoCal Biological Resources Directer San Diego Office . Bobbette Biddulph, Sr. VP SoCal Regional Director • Erle-Ruby, Sr. VP, Strategic Client Directer SOUTHEAST REGION Orlando Office .. Mike Arnold, Sr. VP. Airports Practice Leader . Julie Sullivan, VP, Southeast Regional Director Tampa Office .. Doug Robison, VP SE Bioiogical Resources Director Page 1 of 1 I I ' ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOIYYYY) ~ 6/26/2017 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 THI: 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 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!sl. PRODUCER CONTACT Chris Kellev NAME: Woodruff-Sawyer & Co. f.~~NJ,, ""''" 415-402-6521 I r~ No\• 415-989-9923 50 California Street, Floor 12 San Francisco CA 94111 ~*1.&!: .. .,. ckelley@wsandco.com INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A :XL Specialty Insurance Company 37885 INSURED ENVISCl-01 INSURER s ,Greenwich Insurance Company 22322 Environmental Science Associates INSURERC: 550 Kearny Street, Ste 800 INSURER 0: San Francisco, CA 94108 I INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 1326468351 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POUCIES 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. 1rf:-TYPE OF INSURANCE B X COMMERCIAL GENERAL LIABILITY =~ CLAIMS-N'.ADE OCCUR ~ Contractus11~1 ='a=b _____ _ i_)(__ 9top Gap GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY 0 o LOG rx7 OTHER: No Deductible A AUTOMOBILE LIABILITY 7 ANY AUTO e--ALL OWNED ~ AUTOS --\NNi::D __)<_ HIRED AUTOS f--~~ AUTOS X No Ded. I I 'LED UMBRELLA LIAB LJ OCCUR I EXCESS LIAS I I CLAIMS-MADEi OED I i RETENTION$ A ! WORKERS COMPENSATION i AND EMPLOYERS' LIABILITY \ INSD WVD POLICY NUMBER Y GEC001336714 AECD01336514 WEC001337414 I ANY PROPRIETOR/PARTNER/EXECUTIVE OFFIC~R/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under Y/Ni DIN/A DESCRIPTION OF OPERATIONS below I I POLICY EFF POLICY EXP IMM/DD/YYYYI IMMIDD/YYYYI 1/112017 1/112018 111/2017 1/112018 i 1/1/2017 11112018 i LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $1,000,000 PREMISES /Ea occurrence) MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS -COMP/OP AGG $2,000,000 $ COMBINEUt?'NGL::: LiMIT (Ea accident s1,ooo,ooo BODILY INJURY (Per person) $ SODIL Y INJURY (Per accident) $ PROPERTY DAMAGt: iPer accident) EACH OCCURRENCE AGGREGATE E.L. EACH ACCIDENT $ $ $ $ $ $1,000,000 E.L DISEASE -EA EMPLOYEE $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) D170606. On Call Biological Services. The Carlsbad Municipal Water District and the City of Carlsbad, its officials, employees and volunteers are additional insureds per endorsements attached. Coverage is Primary and Non-Contributory. Waivers of Subrogation apply per the attached forms. Policies contain a 30 day notice of cancellation and a 1 Oday notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CA NC ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Contract Administration ACCORDANCE WITH THE POLICY PROVISIONS_ 1635 Faraday Avenue Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE i ~ ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ENDORSEMENT #006 ' This endorse;i,ent, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued toV ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location And Description Of Completed Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAI YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by ''your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this policy remain unchanged. XIL 2037-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 1 ENDORSEMENT #007 This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued to / ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location(s) Of Covered Operations Person(s) Or Organization(s): /.NY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who ls An Insured is amended to include as an additional insured the person{s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the !ocation(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or XIL 2010..0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. · All other terms and conditions of this policy remain unchanged. XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 2of2 POLICY NUMBER: GEC001336714 / COMMERCIAL GENERAL LIABILITY CG24 0405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) 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 Where required by written agreement signed prior to loss. 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 January 1, 2017 Policy No. WEC001337414 Endorsement No. Insured ENV!RONMENTAL SCIENCE ASSOCIATES A\){) Insurance Company Countersigned by ____ ~~-i:i:;,--==:;..._--::::::: _____ _ XL Specialty Insurance Company wcoo 0313 (Ed. 4-84) C 1983 National Council on Compensation Insurance. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 6024 I 6604 TRAN1571 Description and Fee Allotment, is entered into on ===~~'.)!Y..~~~~--1::-:~~0~-t--;-::::-:::--=-=7-:-':=-=---=-' pursuant to an Agreement between ENV ONMENTAL S IENCE ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated July 12, 2017, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS 2. 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 June 26, 2017, ("proposal"), attached as Appendix "A" for the Romeria Drainage/La Costa Avenue Slope Repair Environmental Project Management, Oversight, And Monitoring, (the "Project"). The Project services shall include environmental project managmeent including oversight and monitoring of consultants and contractors to ensure they are meeting the scope of work to proceed with project as outline in the project permits. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 by November 30, 2018. Working days are defined in Part 1 General Provisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols, page 4 section titled "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master 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 work days. 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 City Attorney Approved Version 8/3/16 TRAN1571 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $39,790. 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TRAN1571 TABLE 1 FEE ALLOTMENT PROJECT MANAGEMENT OF ENVIRONMENTAL SERVICES ASSOCIATED WITH THE ROMERIA DRAINAGE/LA COSTA AVENUE SLOPE REPAIR PROJECT TASK GROUP TIME & MATERIALS 1. Kickoff Meetinq $1,050 2. Permit Compliance Monitorinq 2,310 3. Coordination with City Staff 3,095 4. Coordination with Resource Agencies 2,475 5. Monitor/Manaqe contracts 8,420 6. Monitor/Manage Field Activities 8,210 7. Project Manaqement 2,100 8. Adaptive Manaqement 2,365 9. Pre-Implementation Coordination 1,245 10. Illegal Encampment & Cleanup Coordination 1,020 11. Monitor and Download Wildlife Cameras - 12. Asist with permitting 2,500 13. Review leqal documents - 14. Attend Conferences and Training - 15. Continqencv 5,000 TOT AL (Not-to-Exceed) $39,790 City Attorney Approved Version 8/3/16 3 CONTRACTOR ENVIRONMENTAL SCIENCE ASSOC IA TES, a California corporation (name of Contractor) By ~ ~ ' 1(si n ere) (print nameftitle) TRAN1571 ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation (name of Contractor) By: (sign here) (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California By: Kevi Date: 1 / // / 1 '1' ---,,,---. ------ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _/_U ........ c.....,.,··cz"""""L ____ £~ ........ l~u~-- oeputy City Attorney City Attorney Approved Version 8/3/16 4 June 26, 2017 Exhibit A -Scope of Work Habitat Mitigation Maintenance Romeria Channel Improvements Mitigation Sites and La Costa Avenue Slope Repair Projects Appendix A The Romeria Channel Improvements Mitigation Sites (Romeria) and La Costa Avenue Slope Repair are separate projects that have been combined as one project under the Carlsbad Environmental Management Services program. The City of Carlsbad approved the Romeria project via an Initial Study (Case No. HMP 09-03i August 5, 2009). The City applied for permits and the project was approved and is operating under a California Department of Fish and Wildlife (CDFW) "Operation of Law" process (CDFW did not issue an agreement within a required timeframe and provided default approval under "Operation of Law"), a Regional Water Quality Control Board 401 Certification (No. 10C-093), and U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP) No. 3 (File No. SPL-2010-00490-PJB) (note: the same USACOE letter dated March 14, 2014 provided concurrence the La Costa Avenue Slope Repair project could operate under NWP18). The Romeria project includes three mitigation sites, two are located offsite at the Lake Calavera Preserve totaling approximately 0.70 acre (0.15 acre of mitigation credit) and the third is located on-site at the Romeria Channel project site which totals approximately 0.60 acre (0.07 acre of mitigation credit). The Lake Calavera wetland creation site (0.058 acre of mitigation credit) is located near the northern bank of the reservoir. Site grading and temporar irrigation installation were completed in July 2010 and plant and cutting installation occurred in August 2010. The Lake Boulevard wetland restoration site (0.092 acre of mitigation credit), which is also in the Lake Calavera Preserve, is located south of and adjacent to Lake Boulevard. Site preparation and cutting installation occurred in March 2015. The on-site Romeria Street wetland restoration site (0.07 acre of mitigation credit) was graded and a hydroseeded in August 2016. A temporary irrigation system and container plants were installed in October 2016. The 120-day plant establishment period (PEP) ended on February 22, 2017. Although the offsite areas were installed earlier than the on-site mitigation area, their maintenance and monitoring schedules have been synchronized such that they are in Year 1 of a 5-year maintenance and monitoring period. The City approved the La Costa Avenue Slope Repair project via HDP 10-03/HMP 10-01 August 30, 2010. The City applied for permits and the project was approved and is operating under a USACOE NWP 18 (File No. SPL-2010-00490-PJB) (note: the same USACOE letter dated March 14, 2014 provided concurrence the Romeria project and La Costa Avenue Slope Repair project could operate under NWPs). The La Costa Avenue Slope Repair restoration site is located west of Romeria Street along the south side of La Costa Avenue. The 0.20 acre habitat restoration site is in Year 1 of a 5-year maintenance and monitoring period. 5 Appendix A Period of Performance The period of performance for ESA (and their subcontractors) is June 30, 2017 to November 30, 2018. After the completion of this period of performance, the City has the option of amending the agreement and extending the period of performance or issuing a new agreement for services through 2021. Scope of Work Overview The scope of work includes tasks requested by the City that will be conducted on regular intervals in addition to as-needed services requested by the City. ESA will work with and for the City (fulfilling a role similar to adjunct staff) and the overall project scope will primarily involve: (1) monitoring and management of existing consultants and contractors to ensure they are fulfilling their contract/scope requirements within budget and schedule and project tasks are being successfully completed; (2) oversight of permit compliance and payment offees by the City, facilitating permit sign-off, and assisting with permit applications and obtaining permits for new projects; and (3) providing project management services and responding to questions and issues that may arise. The scope of work provided herein is specifically for the Romeria Channel Improvements Mitigation Sites (Romeria) and La Costa Avenue Slope Repair projects. The scope of work is divided into fourteen (14) tasks plus a contingency task. No expected services or budgets are listed under some task headings below for the Romeria Channel Improvements Mitigation Sites (Romeria) and La Costa Avenue Slope Repair projects but the tasks are included to provide consistency with the task structure for other projects included in the Carlsbad Environmental Management Services program, and in case the City requests services under these tasks later during the period of performance. Task 1: Kickoff Meeting and Establishment of Communication Protocols and Database Organization and Management ESA will attend a kickoff meeting with the City (in person or via phone, as requested by the City). The City may choose to have the contractor and/or environmental consultant for the Romeria Channel Improvements Mitigation Sites (Romeria) and La Costa Avenue Slope Repair projects attend the kickoff meeting. It is expected the kickoff meeting will review project details establish the project communication protocol desired by the City, and review how data will be stored and provided to the City. For many of the tasks (e.g., site inspections on routine intervals, monthly review of contractor budgets, and attendance at regularly scheduled meetings) the schedule has been established by the City. For these tasks, it is expected ESA will provide a brief notification/confirmation to the City one to two days before the task is conducted. For all other tasks and services, it is expected ESA will respond to requests and receive confirmation from the City on the level of effort and schedule before work proceeds. ESA will follow a communication protocol that works best for the City. This protocol may include brief status updates via email, including notifications before and after site visits, and regularly scheduled status meetings via conference call or in person. ESA will maintain digital project files and provide files to the City on a routine schedule. It is expected ESA will maintain digital files including but not necessarily limited to: (1) GIS data such as shapefiles of work areas and GPS survey points of different features (e.g., exotic plants, pathogen/disease observations, illegal encampment), (2) permits and table/matrix summaries, (3) consultant reports, (4) ESA field observation reports, and (5) any easements and legal documents. The 6 Appendix A database structure and contents maintained by ESA will be confirmed based on what works best for the City. The database structure and method for sharing data with the City will be confirmed at the kickoff meeting. Estimated Cost: u,050 Task 2: Organization of Permit Requirements (including Notifications and Fees}, Project Success Standards and Goals, and Assurance of Permit Compliance ESA will review the permit requirements and determine in discussion with the City if a new tracking matrix or other tool would be a helpful (in addition to the tracking method currently being used by the City) in organizing perrT'it requirements for the projects, conditions, and necessary administrative actions (e.g., fees, amendment if needed, etc.). ESA has provided the City a permit information-tracking template as an example. Having the permit information well organized with information including but not limited to: (1) authorization and expiration date, (2) required/pending notifications and submittals (including reports and fees), (3) listing of permit requirements, and (4) status of compliance will help focus and streamline monitoring and management activities conducted by ESA and ensure required compliance actions are completed on schedule. Proper permit information organization will support quality assurance for permit compliance and schedule control. A well-organized and thorough understanding of the permit requirements and habitat mitigation success standards is crucial to track appropriate use of resources and budget expended by consultants and contractors retained by the City. As part of this task, ESA will review the permit conditions for the projects and background documents (including monitoring reports) and conduct an initial reconnaissance site assessment to confirm the status of the projects. Estimated Cost: $2,310 Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Serving as an extension of staff, ESA (as requested) will attend meetings and provide staff support as needed. ESA will be available to provide updates on the projects, provide technical input and answer questions, and provide recommendations and strategies for providing assistance on permit issues (Note: more 'hands on' permitting assistance is included in Task 12). After meetings, ESA would provide meeting notes to the City, including action items. ESA will develop and review staff reports as requested. Staff reports could include a status summary of the projects, future planned activities, and summaries of technical issues requested by the City that pertain to the projects (e.g., status of polyphagous shot hole borer and updates of best treatment response, new agency regulatory guidance that may affect future permitting, etc.). Also as requested, ESA will be available to provide public outreach services. These could include a variety of events such as public outreach and comment meetings (e.g., design charrette) or volunteer field cleanup or planting events. ESA can fulfill a variety of roles requested by the City, including presenting project information and/or technical topics, preparing public outreach figures/maps and presentation materials, leading or supporting volunteer field events, and/or taking meeting notes and being available to answer questions. Estimated Cost: $3,095 7 Appendix A Task 4: Coordination with USACE, RWQCB, CDFW and City Planning Department (and the Wildlife Agencies) As Needed ESA will coordinate with the agencies as requested by the City. ESA will be available to provide support on technical questions, regulatory issues, potential project negotiations (if needed), presentations on the status of the project, and documentation of progress and/or completion of permit requirements. For the Romeria mitigation sites and La Costa Avenue Slope Repair projects, authorizations were provided by the City, USACE, RWOCB, and CDFW. Coordination with the other agencies in the future is possible based on issues (e.g., presence of threatened or endangered species) that could arise. Estimated Cost: s2,475 Task 5: Monitoring and Management of Consultant and Contractor Budgets and Contracts ESA will monitor and manage contract agreements and budgets in coordination with the City to verify that the contractor and consultant are fulfilling their scopes of work and conducting work within budget for the two projects. As part of this process, ESA will request updates through the City Capital Improvement Program and Operating Budget. ESA will start by reviewing the scopes of work, budgets, invoicing requirements, and status of work and invoicing conducted to date to determine if the contractor and environmental consultant efforts are on track or not, relative to their contract agreements. With concurrence of the City, ESA will speak with the contractor and consultant to review the status of their work and invoicing, and schedule for site visits, maintenance activities, monitoring activities and reporting. ESA will review invoices and certified payroll to verify required documentation is provided for projects that require payment of prevailing wages. Information that will be reviewed and verified includes employees' daily and weekly hours worked in each work program level classification (craft), including identification of trainees and apprentices, use of equipment and operator classifications, base hourly rates, overtime rates (if applicable), and method by which fringe benefits are paid (by approved company benefit programs, paid in cash, or a combination of both). ESA will maintain a tracking spreadsheet that will include the projects and invoice numbers, review dates, and determination of whether all required information from the contractor and consultant is provided. In cases when (1) contractors may submit invoices that exceed the completed percentage of work or (2) contractors claim that they have or will need to conduct "out-of-scope" work, ESA will review the situation (e.g., proposed adaptive management measure or changed condition caused by humans or occurring naturally) and provide a recommendation to the City on a response to the contractor and whether a contract modification is merited or not. If a contractor believes a project requires out-of-scope work, it is recommended they first submit a summary and request to the City and ESA, and ESA would help evaluate whether the potential out-of-scope work is necessary and whether or not it should be conducted without an amendment under the contractor's existing scope of work. As part of this overall process of managing contractors in coordination with the City, ESA will be available to provide responses (for review by the City) to request for information (RFI) submittals that may be submitted by the contractor during the projects. Estimated Cost: s8,420 8 Appendix A Task 6: Monitoring and Management of Contractor and Consultant Field Activities and Reports to Assure Permit Compliance ESA in coordination with the City will manage the contractor and consultant working on the projects and perform inspections of the four mitigation sites (i.e., three for the Romeria project; and one for the La Costa Avenue Slope Repair project) at routine intervals. ESA will have obtained a schedule from the consultant and contractor regarding their field monitoring and maintenance schedules. ESA will schedule periodic site inspections during and after maintenance visits (but not after every maintenance visit) to document the contractor's activities (e.g., crew size and equipment use) and also the condition of the sites after a maintenance visit. ESA has provided the City an electronic field-monitoring form template as an example, which can be used (as is, or modified based on City input) to document the condition of the sites as a tracking measure to evaluate site performance. ESA will maintain the electronic form with other digital files for tracking. If ESA believes a consultant or contractor is not fulfilling their scope of work or a project is not in compliance with permit conditions, ESA will notify the City and the consultant or contractor (with City concurrence) to identify potential shortcomings and recommend actions to rectify potential problems. With regard to field monitoring and reports, ESA will confirm consultant is submitting required memos/reports and collecting annual field data correctly (in terms of the time of year, methods, and statistical validity/repeatability) relative to the mitigation requirements. ESA will also review memos and draft annual reports to confirm that information is clearly presented including adherence to the project schedules and permit conditions before they are submitted to the resource agencies. If permit and project conditions are not being achieved at an interim phase and a project is partially out of compliance, ESA will verify that measures (i.e., remedial or adaptive management measures) are being taken and presented in the annual report to exhibit how compliance is being addressed and maintained. ESA will provide draft report comments and recommendations to the City. If the City agrees with ESA's input, the consultant will be asked to revise a report before it is submitted to the agencies. At the end of ESA's contracted period of performance, ESA will prepare a succinct annual report to the City summarizing the status of all projects that ESA is helping to oversee (as part of the Carlsbad Environmental Management Services program), in addition to permit compliance, adaptive management recommendations, and other topics directed and requested by the City. Under this scope of work, ESA will provide a summary of the Romeria mitigation sites and La Costa Avenue Slope Repair site which will be included in the annual report. Estimated Cost: sS,210 Task 7: Assist with Project Management Project management assistance will tie in with several other tasks detailed in this scope of work, including management and monitoring of consultants and contractors. ESA will be available to assist the City in any capacity that is needed under this task. Our standard approach to project management is to maintain organized tracking of project timelines and communicate efficiently with the project team. At the request of the City, ESA can serve as adjunct staff and provide project management services as needed, including contract preparation (City of Carlsbad will provide a template), contract review, invoice review and approval, schedule creation and tracking, and communication and meetings with agencies, consultants, contractors, and City staff. 9 Appendix A Estimated Cost: $2,100 Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures ESA will monitor, review, and manage adaptive management needs and remedial measures that may be necessary to help maintain permit compliance, and also to potentially address intrusion and presence of invasive exotic flora, fauna, insects, fungus, etc. ESA will evaluate monitoring data and information from our periodic site inspections and based on memos and reports prepared by consultants. ESA will review the measures and associated cost to determine if the methods and/or timing should be revised for adaptive management measures and remedial measures proposed by the contractor and/or consultant. Key elements of effective remedial measures include addressing the causal stressor/problem and selecting a cost-efficient approach that provides a sustainable solution and does extend the planned project schedule. Under this task, ESA will document any detected plant, animal, insect, and/or diseases (via GPS coordinates and photographs) and will review and comment on proposed response methods (to accomplish containment and prevent their spread) provided by the consultant or contractors, and/or ESA will develop tailored response measures for review by the City. Estimated Cost: s2,365 Task 9: Coordination with Appropriate City Staff on Proposed Activities before Implementation in Preserves The Romeria mitigation sites and La Costa Avenue Slope Repair site occur within the City's Habitat Management Plan (HMP) Preserve Hardline area. Therefore, there is expected to be a need to periodically update City's Preserve Manager, Preserve Steward (ESA), City HMP Coordinator, and City Parks and Recreation regarding project activities within the Preserve. If new activities for the Romeria mitigation sites and La Costa Avenue Slope Repair site are proposed, ESA will communicate and coordinate with the parties listed above. Key elements of this coordination include confirmation with staff that the activity is warranted and properly planned, safety and access considerations have been addressed, sensitive biological resources will be protected, and appropriate monitoring and follow-up documentation will be provided. Estimated Cost: s1,245 Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up ESA will coordinate with appropriate City staff (including City Police Department staff) and agencies to address illegal encampments. Illegal encampments, occupied or unoccupied, may be identified by a number of means, including the project consultant and contractor, ESA (during site visits), City staff, law enforcement personnel or other public patrols, 10 Appendix A nearby public residents, etc. Encampments are illegal and can be unsafe, unsanitary, and detrimental to the goals of a mitigation site. When an encampment is detected, ESA will document its specific location on a map and notify the City and Police Department (and additional City staff as appropriate including the City's Preserve Manager, Preserve Steward, and Parks and Recreation Department, etc.). ESA understands the City has initiated hiring two illegal-encampment enforcement rangers through the City's Police Department. It is expected ESA will primarily coordinate communication and cleanup of encampments through these rangers. ESA will be available to confirm relevant permit conditions and constraints regarding sensitive plant or wildlife species, and also suggest the least environmentally damaging ingress/egress routes to accomplish the cleanup. Once the cleanup is finished, ESA will notify the staff and parties who were initially notified that an encampment was present. Estimated Cost: u,020 Task 11: Monitor and Download Wildlife Cameras ESA will be available to assist with monitoring wildlife cameras and storing the downloaded images if they are placed at the Romeria mitigation sites. Currently earners are not required within the boundaries of the Maintenance Assesment District.. Estimated Cost: so Task 12: Assist with Permitting ESA is available to assist the City with a permit amendment, if needed (for a change in project description or a modification of permit conditions), for the Romeria and La Costa Avenue Slope Repair projects and also new permits projects for new projects. To assist the City with permitting, ESA would begin by assessing project needs (an amendment or new permit, emergency or non-emergency), fees, and permitting timelines. It is expected that typical permitting needs for projects such as channel maintenance will be covered under USACE Nationwide Permit (NWP) 31 for Maintenance of Existing Flood Control Facilities but will require a standard 401 Water Quality Certification and standard or routine maintenance Lake or Streambed Alteration Agreement. Channel maintenance projects (and activities/impact projects that require habitat mitigation) with impacts exceeding NWP thresholds may require impact threshold waivers or permitting under the lengthier individual permit process. Regardless of permit type, ESA would work with the City to streamline permitting efforts by standardizing permitting materials and packages so that only project-specific edits will be needed for future submittals. For emergency chann,~I maintenance, ESA would be available to assist with preparing and tracking deadlines for post-impact notifications to USACE, RWOCB, and CDFW. Estimated Cost: s2,500 Task 13: Review of Legal Documents The City indicated during a meeting on April 12, 2017 that no legal review is expected for the Romeria and La Costa Avenue Slope Repair projects, so no scope or budget is included for these projects under this task. 11 Appendix A If the City subsequently would like review and input of legal documents (e.g., property legal descriptions, restrictive covenants, etc.) for these projects, work could be authorized by the City under the Contingency task below. Estimated Cost: so Task 14: Attendance of Conferences and Trainings ESA understands the importance and value of applying the best new science and approaches for addressing ever challenging and emerging issues. ESA will continue to attend and present our projects at training sessions and conferences on our own time. Therefore, a budget for this task is not included in this scope of work. The only exception to this would be if the City requested that ESA attend a training session or conference on behalf of the City. This is an example of a task that could be authorized by the City under the Contingency task below. Estimated Cost: so Task 15: Contingency It is understood that some tasks requested by the City could arise that would not be covered by the tasks and task budgets listed above. Under this scenario, ESA would prepare a scope and cost for the requested task for submittal to the City. ESA would not proceed with work on the task without written approval of the City. Estimated Cost s5,ooo TOTAL ESTIMATED COST (for all tasks including contingency): S39,790 Work will be invoiced monthly on a time-and-materials basis in accordance with the Schedule of Fees 12 Appendix A ROMERIA CHANNEL IMPROVEMENTS MITIGATION SITES AND LA COSTA AVENUE SLOPE REPAIR PROJECTS TASKS AND ESTIMATED LABOR HOURS1 .·\r! C·.:=d Task 1: Kick-Off Meeting and Establishment of Communication Protocols and Database Organization and Management. Task 2: Organization of Permit Requirements (including Notifications and Fees), Project Success Standards and Goals, and Assure Permit Compliance Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Task 4: Coordination with USACE, RWOCB, CDFW and City Planning Department (and the Wildlife Agencies), As Needed Task 5: Monitoring and Management of Consultant and Contractor Budgets and Contracts Task 6: Monitoring and Management of Contractor and Consultant Field Activities and Reports to Assure Permit Compliance Task 7: Assist with Project Management Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures Task 9: Coordinate with Appropriate City Staff on Proposed Activities before Implementation in Preserves Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up Task 11: Monitor and Download Wildlife Cameras Task 12: Assist with Permitting Task 13: Review Legal Documents2 Task 14: Attend Conferences and TrainingsJ Task 15: Contingency TOTAL hours 1 Anticipated hours are for 17 months (June 30, 2017 to November 30, 2018) cstii 11 ::1t.~d i\1 L1JJ::r 2 3 7 7 12 12 6 6 3 2 0 3 0 0 10 74 ,_ T 2-l rn :,,.:if.' ;(~ L,1Jd Fi~ :vtoni tor 2( ; 1 3 9 '+ 9 3 6 2 42 '+ 34 8 4 2 6 2 5 0 5 0 0 0 2 10 0 0 0 0 14 7 141 4.9 J tJl 6 16 19 15 58 54 12 14 8 7 0 15 0 0 31 264 2 The City indicated during a meeting on April 12, 2017 that no legal review is expected for the two projects. If the City would subsequently like review and input on legal documents for these projects, work could be authorized under the Contingency task. 3 As stated in Addendum No. 1, the selected consultant will be required to be knowledgeable and capable, and attendance at training sessions and conferences will not be included in the scope of work. The ESA team will continue to attend training sessions and conferences, etc., on our own company time. 13 LOCATION MAP Appendix A J -- .--·· I i ' \ ...------\ ~\I _,.L..,_ // l t--'----1--'------"L.-'---'----'----'----'----'--I ;;:a-..L...-. ...1.__J__~--,,... ., GAVIOTA CR ---------, ( PROJECT NAME PROJECT NUMBERS EXHIBIT Romeria Channel Improvements & La Costa Ave Slope Repair 14 6024 & 6604 1 Document Path: J:\RequestsMarch20151PublicV\/orl<s\Ut!ities\00027229_ 17\Romeria+LaCostaAveSlope.mxd ,.,___...., I DATE (MMIDD/YYYY) ACC>RD(/t} CERTIFICATE OF LIABILITY INSURANCE ~ 6/26/2017 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 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 CONTACT Chris Kelley NAME: Woodruff-Sawyer & Co. t!JQN.\'_, ~-~•. 415-402-6521 I ff,~ Nol· 415-989-9923 50 California Street, Floor 12 ~~!=.M.ckelley@wsandco.com San Francisco CA 94111 INSURER($) AFFORDING COVERAGE NAJC# INSURER A :XL Soecialtv Insurance Company 37885 INSURED ENVISCl-01 INSURER B :Greenwich Insurance Company 22322 Environmental Science Associates INSURERC: 550 Kearny Street, Ste 800 INSURER 0: San Francisco, CA 94108 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 1326468351 REVISION NUMBER 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 TYPE OF INSURANCE POLICY EFF ! POLICY EXP LIMITS LTR INSD WVD' POLICY NUMBER IMMIDD/YYYYl ! fMMIDDIYYYYl B ·x COMMERCIAL GENERAL LIABILITY yl I GEC001336714 1/1/2017 ! 1/1/2018 EACH OCCURRENCE , $1,000,000 -i CLAIMS-MADE OCCUR ~~~t~i~Y"~~;',.;~r:.-'ence\ : $1,000,000 L Contractual Uab MED EXP (Any one person) $10,000 L Sto12Ga12 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE PER: GENERAL AGGREGATE $2,000,000 ~ 0PRO-LOC PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: No Deductible $ A AUTOMOBILE LIABILITY AEC001336514 1/1/2017 1/1/2018 c_uMBINED SINGLE LIMiT /Ea accidenti s1,ooo,ooo -X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED : PROPERTY DAIVlAGE X HIRED AUTOS AUTOS ! : : rPer accident\ $ -! X NoDed. $ UMBRELLA LIAB H OCCUR ! EACH OCCURRENCE $ -EXCESSUAB CLAIMS-MADE ' AGGREGATE $ DED I I RETENTION$ is A WORKERS COMPENSATION I WEC001337414 1/1/2017 : 111/2018 X I ~¥f TUTT; I I l§~H-I AND EMPLOYERS' LIABILITY YIN' . ANY PROPRIETORIPA."ffNERIEXECUTIVE o!N/A EL. EACH ACCIDENT [ S 1,000,000 OFFICER/MEMBER EXCLUDED? EL. DISEASE -EA EMPLOYES $1,000,000 (Mandatory in NH) i If yes, describe under i E.L.DISEASE-POLICYLIMIT I $1,000,000 DESCRIPTION OF OPERATIONS below I I i I i : DESCRIPTION OF OPERA TIO NS I LOCATIONS/ VEHICLE$ (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) D170606. On Call Biological Services. The Carlsbad Municipal Water District and the City of Carlsbad, its officials, employees and volunteers are additional insureds per endorsements attached. Coverage is Primary and Non-Contributory. Waivers of Subrogation apply per the attached forms. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Contract Administration ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE I ~ ;f;$_ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ENDORSEMENT #006 ' This endorse~ent, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued toV ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location And Description Of Completed Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. lnfonnation required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person{s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement perfonned for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this policy remain unchanged. XIL 2037-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 1 ENDORSEMENT #007 This endorsement, effective 12:01 a.rn., January 1, 2017 forms a part of Policy No. GEC001336714 issued to / ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location(s) Of Covered Operations Person(s} Or Organization{s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or ''personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location{s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or XIL 201 Q..0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. AH rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 2 of2 POLICY NUMBER: GEC001336714 / COMMERCIAL GENERAL LIABILITY CG 240405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) 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 Where required by written agreement signed prior to loss. 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 January 1, 2017 Policy No. WEC001337414 Endorsement No. Insured ENVIRONMENTAL SCIENCE ASSOCIATES ~n Insurance Company Countersigned by----~--=--------==---=:::::::::: _____ _ XL Specialty Insurance Company WC 00 0313 (Ed. 4-84) C 1983 National Council on Compensation Insurance. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 6607 TRAN1571 This fifth Project Task Description and Fee Allotment, is entered into on s~e\-c,w\'!?t:C ~, '2011 , pursuant to an Agreement between ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated July 12, 2017, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS 2. 3. 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 June 29, 2017, ("proposal"), attached as Appendix "A" for the Corrugated Metal Pipe Replacement Program Environmental Project Management, Oversight, And Monitoring, (the "Project"). The Project services shall include environmental project managmeent including oversight and monitoring of consultants and contractors to ensure they are meeting the scope of work to proceed with project as outline in the project permits. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 by November 30, 2018. Working days are defined in Part 1 General Provisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols, page 4 section titled 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 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 work days. 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 City Attorney Approved Version 8/3/16 4. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TRAN1571 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $19,345. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TRAN1571 TABLE 1 FEE ALLOTMENT PROJECT MANAGEMENT OF ENVIRONMENTAL SERVICES ASSOCIATED WITH THE CORRUGATED METAL PIPE REPLACEMENT PROGRAM TASK GROUP TIME & MATERIALS 1. Kickoff Meeting $735 2. Permit Compliance MonitorinQ 695 3. Coordination with City Staff 1,820 4. Coordination with Resource Agencies - 5. Monitor/Manaae contracts 3,120 6. Monitor/Manai:ie Field Activities 3,880 7. Project Management 1,600 8. Adaptive Manaaement 1,460 9. Pre-Implementation Coordination - 10. Illegal Encampment & Cleanup Coordination 1,035 11. Monitor and Download Wildlife Cameras - 12. Asist with permittina - 13. Review legal documents - 14. Attend Conferences and Training - 15. Continaencv 5,000 TOT AL (Not-to-Exceed) $19,345 City Attorney Approved Version 8/3/16 3 CONTRACTOR ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation (nam f Contractor) By: (sign here) t3olo~fi<. 8rJ~lrh ~ior vP (print name/title) TRAN1571 ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation (name of Contractor) By: (sign here) (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California dk By: ~}11 ~· Elaine Lukey, ublic Works Director Date: ---------- APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY: ( / /_ ~ -~--"----------'=--Deputy City Attorney City Attorney Approved Version 8/3/16 4 June 29, 2017 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 phone 619.719.4201 lax Exhibit A -Scope of Work Slope Maintenance Hoover and La Gran Via Revegetation Site Projects Appendix A The Hoover and La Gran Via Revegetation Projects each include small sites that had storm drain repairs and have been graded and hydroseeded. The projects are maintenance projects thus are exempt from CEOA and do not require agency permits. Through June of 2017, City of Carlsbad (City) staff has been monitoring these sites to check erosion control best management practices (BMPs) and plant growth. Third-party environmental consultants are not needed and have not been retained by the City. The monitoring during both pipeline installations was performed by DUDEK. The Hoover site is located off Hoover Drive, south of the cul-de-sac to Agua Hedionda Lagoon. The Hoover site storm drain repairs were conducted through the City's CM P Replacement Program. The City has retained a contractor to conduct watering at the Hoover site through September 2017. If budget allocated for watering is still available after September 2017, watering may continue if the site is dry and would benefit from additional watering. The revegetation effort includes native species with the intent of establishing erosion control. The site is outside the City's Habitat Management Plan (HMP) Preserve. The La Gran Via site is located off La Gran Via on a slope behind a residence. This revegetation site is not under current maintenance by a contractor. To date, when the City has determined that a maintenance activity is needed (e.g., erosion control), an on-call contractor retained by the City has been directed to conduct maintenance. The revegetation effort includes native species but the temporary impact area was dominated by non-native ornamental species, such that it is expected ornamental species will eventually recolonize this area. The site is within HOA (private) maintained Open Space in the City's HMP Hardline Preserve area. The site is accessed from an easement off Calina Way. Period of Performance The period of performance for ESA (and their subcontractors) is June 30, 2017 to November 30, 2018, which is consistent with other task orders for projects included under the Environmental Management Services (EMS} master services agreement. However, based on input from the City it is not expected that services provided by ESA for the Hoover and La Gran Via revegetation sites will be needed after the 2017/2018 rainy season (i.e., March/April 2018). After the completion of this period of performance, the City has the option of amending the agreement and extending the period of performance or issuing a new agreement for services through 2021. Scope of Work Overview 5 Appendix A The scope of work includes tasks requested by the City that will be conducted on periodic intervals (i.e., when conducting other site assessments in the vicinity and after significant rain events) in addition to as-needed services requested by the City. ESA will work with and for the City (fulfilling a role similar to adjunct staff) and the overall project scope will primarily involve: (1) monitoring and management of the existing contractor to ensure they are fulfilling their contract/scope requirements within budget and schedule and project tasks are being successfully completed; and (2) providing project management services and responding to questions and issues that may arise. The scope of work provided herein is specifically for the Hoover and La Gran Via revegetation sites. The scope of work is divided into fourteen (14) tasks plus a contingency task. No expected services or budgets are listed under some task headings below for the Hoover and La Gran Via revegetation sites, but the tasks are included to provide consistency with the task structure for other projects included in the Carlsbad Environmental Management Services (EMS) program, and in case the City requests services under these tasks later during the period of performance. Task 1: Kickoff Meeting and Establishment of Communication Protocols and Database Organization and Management ESA will attend a kickoff meeting with the City (in person or via phone, as requested by the City). The City may choose to have the contractor for the Hoover revegetation site attend the kickoff meeting. It is expected the kickoff meeting will review project details establish the project communication protocol desired by the City, and review how data will be stored and provided to the City. For some of the tasks (e.g., site inspections on periodic intervals and monthly review of contractor budgets) the schedule has been established by the City. For these tasks, it is expected ESA will provide a brief notification/confirmation to the City one to two days before a task is conducted. For any other tasks and services, it is expected ESA will respond to requests and receive confirmation from the City on the level of effort and schedule before work proceeds. ESA will follow a communication protocol that works best for the City. This protocol may include brief status updates via email, including notifications before and after site visits, and regularly scheduled status meetings via conference call or in person. ESA will maintain digital project files and provide files to the City on a routine schedule. It is expected ESA will maintain digital files including but not necessarily limited to: (1) GIS data such as shapefiles of work area and GPS survey points of different features (e.g., exotic plants, pathogen/disease observations, illegal encampment), (2) ESA field observation reports, and (3) any easements and legal documents. The database structure and contents maintained by ESA will be confirmed based on what works best for the City. The database structure and method for sharing data with the City will be confirmed at the kickoff meeting. Estimated Cost: s735 Task 2: Organization of Project Conditions and Goals/Requirements There are no resource agency permits for the Hoover and La Gran Via revegetation sites. Therefore, ESA will review and organize provide conditions and goals/requirements. A well-organized and thorough understanding of the project conditions and goals/requirements and maintenance needs is important to track appropriate use of resources and budget expended by contractors retained by the City. 6 Appendix A As part of this task, ESA will review the project goals/requirements and background documents (including any monitoring reports) and conduct initial reconnaissance site assessments to confirm the status of the projects. Estimated Cost: s695 Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Serving as an extension of staff, ESA (as requested) will attend meetings and provide staff support as needed. ESA will be available to provide updates on the project, provide technical input and answer questions, and provide recommendations and strategies as needed for achieving project goals/requirements. After meetings, ESA would provide meeting notes to the City, including action items. ESA will develop and review staff reports as requested. Staff reports could include a status summary of the projects, future planned activities, and summaries of technical issues requested by the City that pertain to the projects. Also as requested, ESA will be available to provide public outreach services, although these services are not expected for these projects. Estimated Cost: S1,820 Task 4: Coordination with the Wildlife Agencies, USACE, CCC, RWQCB, and City Planning Department, As Needed Since resource agency permits were not issued for the projects, no services are anticipated under this task. If the City requests that ESA coordinate with the agencies or City Planning Department, work could be conducted under Task 15 (Contingency) upon request and direction of the City. Estimated Cost: so Task 5: Monitoring and Management of Contractor Budgets and Contracts ESA will monitor and manage contract agreements and budgets in coordination with the City to verify that the contractor(s) are fulfilling their scopes of work and conducting work within budget for the projects. As reviewed earlier, the City has retained a contractor to conduct periodic watering at the Hoover site, and a contractor is retained for tasks on an as-needed basis for the La Gran Via site. As part of this process, ES;A. will request updates through the City Capital Improvement Program and Operating Budget. ESA will review the scopes of work, budgets, invoicing requirements, and status of work to confirm their work matches their contract (scope) agreements. With concurrence of the City, ESA will speak with the contractor(s) to review the status of their work and invoicing, and schedule for site visits and maintenance activities. ESA will review invoices and certified payroll to verify required documentation is provided for projects that require payment of prevailing wages. Information that will be reviewed and verified includes employees' daily and weekly hours worked in each work program level classification (craft), including identification of trainees and apprentices, use of equipment and operator classifications, base hourly rates, overtime rates 7 Appendix A (if applicable), and method by which fringe benefits are paid (by approved company benefit programs, paid in cash, or a combination of both). ESA will maintain a tracking spreadsheet that will include the project and invoice numbers, review dates, and determination of whether all required information from the contractor(s) is provided. In cases when (1) contractors may submit invoices that exceed the completed percentage of work or (2) contractors claim that they have or will need to conduct "out-of-scope" work, ESA will review the situation (e.g., proposed adaptive management measure or changed condition caused by humans or occurring naturally) and provide a recommendation to the City on a response to the contractor and whether a contract modification is merited or not. Estimated Cost: s3,120 Task 6: Monitoring and Management of Contractor Field Activities to Assure Project Goals/Requirments are Met ESA in coordination with the City will manage the contractor(s) and perform inspections of the sites at periodic intervals. ESA will obtain a schedule from the contractor(s) regarding their field maintenance work. ESA will schedule periodic site inspections (i.e., when conducting other site assessments in the vicinity and after significant rain events) to document the condition of the sites and to verify the completion of contractor maintenance activities. ESA has provided the City an electronic field-monitoring form template as an example, which can be used (as is, or modified based on City input) to document the condition of the sites as a tracking measure to evaluate site performance. ESA will maintain the electronic form with other digital files for tracking. If ESA believes a contractor is not fulfilling their scope of work and either of the two sites is not meeting project goals/requirements, ESA will notify the City and the contractor (with City concurrence) to identify potential shortcomings and recommend actions to rectify potential problems. At the end of ESA's contracted period of performance, ESA will prepare a succinct annual report to the City summarizing the status of all projects that ESA is helping to oversee (as part of the Carlsbad Environmental Management Services program). Under this scope of work, ESA will provide a summary of the Hoover and La Gran Via revegetation sites which will be included in the annual report. Estimated Cost: s3,880 Task 7: Assist with Project Management Project management assistance will tie in with several other tasks detailed in this scope of work, including management and monitoring of contractors. ESA will be available to assist the City in any capacity that is needed under this task. Our standard approach to project management is to maintain organized tracking of project timelines and communicate efficiently with the project team. At the request of the City, ESA can serve as adjunct staff and provide project management services as needed, including contract preparation (City of Carlsbad will provide a template), contract review, invoice review and approval, schedule creation and tracking, and communication and meetings with agencies, consultants, contractors, and City staff. 8 Appendix A Estimated Cost: si,600 Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures ESA will develop adaptive management measures (as needed) and also monitor, review, and manage adaptive management needs and remedial measures that may be necessary to help achieve project goals/requirements. ESA will also potentially address (as needed) intrusion and presence of invasive exotic flora, fauna, insects, fungus, etc. ESA will review potential adaptive management measures and associated costs with the City and contractor(s) to determine if the methods and/or timing should be revised. Key elements of effective remedial measures include addressing the causal stressor/problem and selecting a cost-efficient approach that provides a sustainable solution and does not extend the planned project schedule. Under this task, ESA will document any detected plant, animal, insect, and/or diseases (via GPS coordinates and photographs) and will develop tailored response measures (to accomplish containment and prevent their spread) for review by the City and/or review and comment on proposed response methods provided by others. Estimated Cost: s1,460 Task 9: Coordination with Appropriate City Staff on Proposed Activities before Implementation in Preserves The Hoover revegetation site is outside the City's HMP Preserve. The La Gran Via revegetation site is is within private property in the City's HMP Hardline Preserve area. Although the La Gran Via revegetation site occurs in the Preserve, within the scope of work period of performance it is not expected there will be project activities within the Preserve that would require coordination with City staff, and therefore no budget is provided for this task. If project activities arise that would affect the Preserve and require coordination with City staff, ESA could provide preserve-related coordination services under the Task 15 (Contingency) upon request and direction of the City. Potential activities within the Preserve would be communicated and coordinated with the City's Preserve Manager, Preserve Steward (ESA), City HMP Coordinator, and City Parks and Recreation Department staff. Estimated Cost: so Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up ESA will coordinate with appropriate City staff (including City Police Department staff) and agencies to address illegal encampments within or near the sites. Illegal encampments, occupied or unoccupied, may be identified by a number of means, including the project contractors, ESA (during site visits), City staff, law enforcement personnel or other public patrols, and nearby private residents, etc. Encampments are illegal and can be unsafe, unsanitary, and detrimental to the goals of a habitat revegetation sites. 9 Appendix A When an encampment is detected, ESA will document its specific location on a map and notify the City and Police Department (and additional City staff as appropriate including the City's Preserve Manager, Preserve Steward, and Parks and Recreation Department, etc.). ESA understands the City has initiated hiring two illegal-encampment enforcement rangers through the City's Police Department. It is expected ESA will primarily coordinate communication and cleanup of encampments through these rangers. ESA will be available to confirm relevant permit conditions and constraints regarding sensitive plant or wildlife species, and also suggest the least environmentally damaging ingress/egress routes to accomplish the cleanup. Once the cleanup is finished, ESA will notify the staff and parties who were initially notified that an encampment was present. Estimated Cost: $1,035 Task 11: Monitor and Download Wildlife Cameras Currently, there is not a wildlife camera at either site and there are no current plans to install cameras. Therefore, no budget is provided for this task for these projects. Estimated Cost: so Task 12: Assist with Permitting Resource agency permits were not issued for the Hoover and La Gran Via revegetation sites. Therefore, no budget is provided for this task for these projects. If emergency permitting needs arise during the scope of work period of performance, work could be conducted under Task 15 (Contingency) upon request and direction of the City. Estimated Cost: so Task 13: Review of Legal Documents It is not expected that review of legal documents will be needed for the two projects during the scope of work period of performance. Therefore, no budget is provided for this task for these projects. If the needs for review of legal documents arises during the scope of work period of performance, work could be conducted under Task 15 (Contingency) upon request and direction of the City. Estimated Cost: so Task 14: Attendance of Conferences and Trainings ESA understands the importance and value of applying the best new science and approaches for addressing ever challenging and emerging issues. ESA will continue to attend and present our projects at training sessions and conferences on our own time. Therefore, a budget for this task is not included in this scope of work. The only exception to this would be if the City requested that ESA attend a training session or conference on behalf of the City. If so, attendance could be conducted under Task 15 (Contingency) upon request and direction of the City. 10 Appendix A Estimated Cost: so Task 15: Contingency It is understood that some tasks requested by the City could arise that would not be covered by the tasks and task budgets listed above. Under this scenario, ESA would prepare a scope and cost for the requested task for submittal to the City. ESA would not proceed with work on the task without written approval of the City. Estimated Cost s5,ooo TOTAL ESTIMATED COST (for all tasks including contingency): S19,345 Work will be invoiced monthly on a time-and-materials basis in accordance with the Schedule of Fees 11 HOOVER AND LA GRAN VIA REVEGETATION SITES TASKS AND ESTIMATED LABOR HOURS1 Appendix A Anticipated Tasks Estimated ESA Team Staff Hours Task 1: Kick-Off Meeting and Establishment of Communication Protocols and Database Organization and Management. Task 2: Organization of Project Conditions and Goals/Requirements Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Task 4: Coordination with the Wildlife Agencies, USACE, CCC, RWOCB, and City Planning Department, As Needed Task 5: Monitoring and Management of Contractor Budgets and Contracts Task 6: Monitoring and Management of Contractor Field Activities to Assure Project Goals/Requirements are Met Task 7: Assist with Project Management Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures Task 9: Coordinate with Appropriate City Staff on Proposed Activities before Implementation in Preserves2 Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up Task 11: Monitor and Download Wildlife Cameras Task 12: Assist with Permitting Task 13: Review Legal Documents Task 14: Attend Conferences and TrainingsJ Task 15: Contingency TOTAL hours 1 Anticipated hours are for 17 months (June 30, 2017 to November 30, 2018). Project Manager 1 1 4 0 4 6 5 4 0 2 0 0 0 0 10 37 Lead Field Other Total Monitor 1 2 4 2 1 4 4 2 10 0 0 0 16 2 22 18 2 26 3 1 9 3 1 8 0 0 0 4 0 6 0 0 0 0 0 0 0 0 0 0 0 0 14 7 31 65 18 120 2 The La Gran Via revegetation site is on private property within the City's Habitat Management Plan (HMP) Hard line Preserve. Although the site is in the Preserve, no coordination with the City is anticipated regarding the Preserve and therefore no budget is provided for this task. 3 As stated in Addendum No. 1, the selected consultant will be required to be knowledgeable and capable, and attendance at training sessions and conferences will not be included in the scope of work. The ESA team will continue to attend training sessions and conferences, etc., on our own company time. 12 LOCATION MAP 8 NOT rD SCALE PROJECT NAME Hoover Revegetation Site 13 Document Path: J :IRequestsMarch2015\Publiclfllorks\Utilities\00027229_ 17\HooverRevegetatioinS~e.mxd Appendix A ~:JJ'f"'....__,,,-r--.. A! VICINITY ,-7 /~AP , PROJECT NUMBER 6607 EXHIBIT 1 LOCATION MAP Appendix A PROJECT NAME PROJECT EXHIBIT La Gran Via Revegetation Site 14 NUMBER 6607 1 Document Path: J :\RequestsMarch2015\Publ icWorks IUti ities \00027229 _ 17\laGranVia Revege talion Site. mxd ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYYJ ~ 6/26/2017 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 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 CONTACT Chris Kelley NAME: Woodruff-Sawyer & Co. f.~J?N,-Tn ~~,. 415-402-6521 I rti2 Nol· 415-989-9923 50 California Street, Floor 12 ~;..~J\:.,.,. ckelley@wsandco.com San Francisco CA 94111 INSURER!Sl AFFORDING COVERAGE NAIC# INsuRERA ,XL Specialty Insurance Company 37885 INSURED ENVISCl-01 INSURER B ,Greenwich Insurance Company 22322 Environmental Science Associates INSURERC: 550 Kearny Street, Ste 800 INSURER D: San Francisco, CA 94108 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· 1326468351 REVISION NUMBER- 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 POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl B X COMMERCIAL GENERAL LIABILITY y GEC001336714 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 1--D CLAIMS-MADE [~] OCCUR DAMAGE TO RENTED 1--PREMISES (Ea occurrence) $1,000,000 L Contractual Liab MED EXP (Any one person} $10,000 25._ StogGag PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fxl 0PRO-D PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT LOC OTHER: No Deductible $ A AUTOMOBILE LIABILITY AEC001336514 1/1/2017 1/1/2018 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 - X ANY AUTO BODILY INJURY (Per person} $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident} $ --NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ -X No Ded. $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ A WORKERS COMPENSATION WEC001337414 1/1/2017 1/1/2018 I PER I I OTH-X STATUTE ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (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 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) D170606. On Call Biological Services. The Carlsbad Municipal Water District and the City of Carlsbad, its officials, employees and volunteers are additional insureds per endorsements attached. Coverage is Primary and Non-Contributory. Waivers of Subrogation apply per the attached forms. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Contract Administration ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE I ~ ~ © 1988-2014ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ENDORSEMENT #006 , This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued toV ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location And Description Of Completed Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by ''your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this policy remain unchanged. XIL 2037..0704 (Ed. 0413) © 2013, XL America, Inc_ All rights reserved. May not be copied without permission_ Includes copyrighted material of f nsurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 1 ENDORSEMENT #007 This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued to / ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location(s) Of Covered Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured{s) at the location(s) designated above. 8. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perfonning operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. lndudes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 2 of2 POLICY NUMBER: GEC001336714 / COMMERCIAL GENERAL LIABILITY CG24 0405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERA TlONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products~completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) 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 Where required by written agreement signed prior to loss. 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 January 1, 2017 Policy No. WEC001337414 Endorsement No. Insured ENVIRONMENTAL SCIENCE ASSOCIATES ~n Insurance Company Countersigned by ____ ~__;;:------=---::::::::=:: _____ _ XL Specialty Insurance Company wcoo 0313 (Ed.4-84) C 1983 National Council on Compensation Insurance. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 6618 TRAN1571 This fourth Project Task Description and Fee Allotment, is entered into on Av~115± 2.f>, 2.of1 , pursuant to an Agreement between ENVIR NMENTAL SCIENCE ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated July 12, 2017, (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 June 26, 2017, ("proposal"), attached as Appendix "A" for the Agua Hedionda Creek Streambank Restoration Environmental Project Management, Oversight, And Monitoring, (the "Project"). The Project services shall include environmental project managmeent including oversight and monitoring of consultants and contractors to ensure they are meeting the scope of work to proceed with project as outline in the project permits. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 by November 30, 2018. Working days are defined in Part 1 General Provisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols, page 4 section titled "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master 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 work days. 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 City Attorney Approved Version 8/3/16 TRAN1571 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $27,725. 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TRAN1571 TABLE 1 FEE ALLOTMENT PROJECT MANAGEMENT OF ENVIRONMENTAL SERVICES ASSOCIATED WITH THE AGUA HEDIONDA CREEK STREAMBANK RESTORATION PROJECT TASK GROUP TIME & MATERIALS 1. Kickoff Meeting $835 2. Permit Compliance Monitoring 1,535 3. Coordination with City Staff 2,025 4. Coordination with Resource Agencies 1,390 5. Monitor/Manage contracts 5,130 6. Monitor/Manage Field Activities 5,860 7. Project Management 1,700 8. Adaptive Manaqement 1,750 9. Pre-Implementation Coordination - 10. Illegal Encampment & Cleanup Coordination - 11. Monitor and Download Wildlife Cameras - 12. Asist with permitting 2,500 13. Review legal documents - 14. Attend Conferences and Training - 15. Contingency 5,000 TOT AL (Not-to-Exceed) $27,725 City Attorney Approved Version 8/3/16 3 CONTRACTOR ENVIRONMENTAL SCIENCE ASSOC IA TES, a California corporation (name of Contractor) By~ (signhere) e:Ric.... .::r. g"'~:+ -sru1oi<-t/. P. (print na6le/title) TRAN1571 ENVIRONMENTAL SCIENCE ASSOC IA TES, a California corporation (name of Contractor) By: (sign here) (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California By: Date: :£ ',)l/' 1 7 blic Works Director APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY:_~_-__ __,._ __ Deputy City Attorney City Attorney Approved Version 8/3/16 4 June 26, 2017 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 pr.one 619.719.4201 Exhibit A -Scope of Work Habitat Mitigation Maitenance Agua Hedionda Creek Streambank Repair Restoration Project Appendix A The Agua Hedionda Creek Streambank Repair Restoration project (Agua Hedionda Stream bank Restoration) is being conducted on the south side of Agua Hedionda Creek near Sunny Creek Road. The adjacent slope and channel bank on private property (Coman) previously failed due to upslope development and runoff of water and silt. Therefore, the City designed and constructed a new storm drain that outlets in the creek and installed less than 0.1 acre of streambank restoration with bioengineering and native planting. The site is within the 'Standards Area' of the City of Carlsbad (City) Habitat Management Plan (HMP). The stream bank restoration is currently in post-installation Year 1. Installation of the streambank restoration was completed on December 20, 2016, and the six-month plant establishment period (which is part of post-installation Year 1) is scheduled to end on June 20, 2017. In accordance with the permits, maintenance will be conducted for two years and monitoring will be conducted for three years (one additional year of monitoring required by RWOCB). It was determined the project was eligible for a CEOA Categorical Exemption under Section 15333, Small Restoration Projects. The City Planning Commission approved the project on April 20, 2016. U.S. Army Corps of Engineers (USACE) confirmed in a December 2015 letter (SPL-2015-00840-WSZ) the project complies with Section 404 Nationwide Permit (NWP) 13, Bank Stabilization. Regional Water Quality Control Board (RWOCB) issued a letter in Janaury 2016 providing a Notice of Applicability for Clean Water Act (CWA) Section 401 General Water Quality Certification for small restoration projects (File No. R9-2015-0184). California Department of Fish and Wildlife (CDFW) issued a letter in January 2016 (No. 1600-2015-0238-Rs) approving the project. Period of Performance The period of performance for ESA (and their subcontractors) is June 30, 2017 to November 30, 2018. After the completion of this period of performance, the City has the option of amending the agreement and extending the period of performance or issuing a new agreement for services through 2021. Scope of Work Overview The scope of work includes tasks requested by the City that will be conducted on regular intervals in addition to as-needed services requested by the City. ESA will work with and for the City (fulfilling a role similar to adjunct staff) and the overall project scope will primarily involve: (1) monitoring and management of the existing consultant and contractor to ensure they are fulfilling their contract/scope requirements within budget and schedule and project tasks are being successfully completed; (2) oversight of permit compliance, and assisting with permit applications and obtaining permits for new projects (as needed); and (3) providing project management services and responding to questions and issues that may arise. 5 \ Appendix A The scope of work provided herein is specifically for Agua Hedionda Stream bank Restoration project. The scope of work is divided into fourteen (14) tasks plus a contingency task. No expected services or budgets are listed under some task headings below for the Agua Hedionda Stream bank Restoration project, but the tasks are included to provide consistency with the task structure for other projects included in the Carlsbad Environmental Management Services program, and in case the City requests services under these tasks later during the period of performance. Task 1: Kickoff Meeting and Establishment of Communication Protocols and Database Organization and Management ESA will attend a kickoff meeting with the City (in person or via phone, as requested by the City). The City may choose to have the contractor and/or environmental consultant for the Agua Hedionda Streambank Restoration project attend the kickoff meeting. It is expected the kickoff meeting will review project details establish the project communication protocol desired by the City, and review how data will be stored and provided to the City. For many of the tasks (e.g., site inspections on routine intervals, monthly review of contractor budgets, and attendance at regularly scheduled meetings) the schedule has been established by the City. For these tasks, it is expected ESA will provide a brief notification/confirmation to the City one to two days before a task is conducted. For all other tasks and services, it is expected ESA will respond to requests and receive confirmation from the City on the level of effort and schedule before work proceeds. ESA will follow a communication protocol that works best for the City. This protocol may include brief status updates via email, including notifications before and after site visits, and regularly scheduled status meetings via conference call or in person. ESA will maintain digital project files and provide files to the City on a routine schedule. It is expected ESA will maintain digital files including but not necessarily limited to: (1) GIS data such as shapefiles of work area and GPS survey points of different features (e.g., exotic plants, pathogen/disease observations, illegal encampment), (2) permits and table/matrix summaries, (3) consultant reports, (4) ESA field observation reports, and (5) any easements and legal documents. The database structure and contents maintained by ESA will be confirmed based on what works best for the City. The database structure and method for sharing data with the City will be confirmed at the kickoff meeting. Estimated Cost: s835 Task 2: Organization of Permit Requirements (including Notifications and Fees), Project Conditions and Goals, and Assurance of Permit Compliance ESA will review the permit requirements and determine in discussion with the City if a new tracking matrix or other tool would be a helpful (in addition to the tracking method currently being used by the City) in organizing permit requirements for the projects, conditions, and necessary administrative actions (e.g., fees, amendment if needed, etc.). ESA has provided the City a permit information-tracking template as an example. Having the permit information well organized with information including but not limited to: (1) authorization and expiration date, (2) required/pending notifications and submittals (including reports and fees), (3) listing of permit requirements, and (4) status of compliance will help focus and streamline monitoring and management activities conducted by ESA and ensure required compliance actions are completed on schedule. Proper permit information organization will support quality assurance for permit compliance and schedule control. A well-organized and thorough 6 Appendix A understanding of the permit requirements and maintenance requirements is crucial to track appropriate use of resources and budget expended by consultants and contractors retained by the City. As part of this task, ESA will review the permit conditions for the project and background documents (including monitoring reports) and conduct an initial reconnaissance site assessment to confirm the status of the project. Estimated Cost: $1,535 Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Serving as an extension of staff, ESA (as requested) will attend meetings and provide staff support as needed. ESA will be available to provide updates on the project, provide technical input and answer questions, and provide recommendations and strategies for providing assistance on permit issues (Note: more 'hands on' permitting assistance is included in Task 12). After meetings, ESA would provide meeting notes to the City, including action items. ESA will develop and review staff reports as requested. Staff reports could include a status summary of the project, future planned activities, and summaries of technical issues requested by the City that pertain to the project (e.g., status of polyphagous shot hole borer and updates of best treatment response, new agency regulatory guidance that may affect future permitting, etc.). Also as requested, ESA will be available to provide public outreach services. ESA can fulfill a variety of roles requested by the City, including presenting project information and/or technical topics, preparing public outreach figures/maps and presentation materials, leading or supporting volunteer field events, and/or taking meeting notes and being available to answer questions. Estimated Cost: $2,025 Task 4: Coordination with CDFW, USACE, RWQCB, and City Planning Department (and the Wildlife Agencies, Le., USFWS) As Needed ESA will coordinate with the agencies as requested by the City. ESA will be available to provide support on technical questions, regulatory issues, project negotiations if needed (including development of appropriate mitigation conditions, if needed in the future), presentations on the status of the project, and documentation of progress, compliance and/or completion of permit requirements. For the Agua Hedionda Streambank Restoration project, authorizations were provided by the City, CDFW, USACE, and RWOCB. Coordination with the other agencies (e.g., USFWS) in the future is possible based on issues (e.g., presence of threatened or endangered species) that could arise. Estimated Cost: s::1.,390 Task 5: Monitoring and Management of Consultant and Contractor Budgets and Contracts ESA will monitor and manage contract agreements and budgets in coordination with the City to verify that the contractor and consultant are fulfilling their scopes of work and conducting work within budget for the project. As part of this 7 Appendix A process, ESA will request updates through the City Capital Improvement Program and Operating Budget. ESA will start by reviewing the scopes of work, budgets, invoicing requirements, and status of work and invoicing conducted to date to determine if the contractor and environmental consultant efforts are on track or not, relative to their contract agreements. With concurrence of the City, ESA will speak with the contractor and consultant to review the status of their work and invoicing, and schedule for site visits, maintenance activities, monitoring activities and reporting. ESA will review invoices and certified payroll to verify required documentation is provided for projects that require payment of prevailing wages. Information that will be reviewed and verified includes employees' daily and weekly hours worked in each work program level classification (craft), including identification of trainees and apprentices, use of equipment and operator classifications, base hourly rates, overtime rates (if applicable), and method by which fringe benefits are paid (by approved company benefit programs, paid in cash, or a combination of both). ESA will maintain a tracking spreadsheet that will include the project and invoice numbers, review dates, and determination of whether all required information from the contractor and consultant is provided. In cases when (1) contractors may submit invoices that exceed the completed percentage of work or (2) contractors claim that they have or will need to conduct "out-of-scope" work, ESA will review the situation (e.g., proposed adaptive management measure or changed condition caused by humans or occurring naturally) and provide a recommendation to the City on a response to the contractor and whether a contract modification is merited or not. If a contractor believes a project requires out-of-scope work, it is recommended they first submit a summary and request to the City and ESA, and ESA would help evaluate whether the potential out-of-scope work is necessary and whether or not it should be conducted without an amendment under the contractor's existing scope of work. As part of this overall process of managing contractors in coordination with the City, ESA will be available to provide responses (for review by the City) to request for information (RFI) submittals that may be submitted by the contractor during the project. Estimated Cost: s5,130 Task 6: Monitoring and Management of Contractor and Consultant Field Activities and Reports to Assure Permit Compliance ESA in coordination with the City will manage the project contractor and consultant and perform inspections of the site at routine intervals. ESA will have obtained a schedule from the consultant and contractor regarding their field monitoring and maintenance schedules. Since the site is on private property, ESA understands that the property owner (Chase Coman) needs to be contacted prior to site visits. ESA will schedule periodic site inspections during and after maintenance visits (but not after every maintenance visit) to document the contractor's activities (e.g., crew size and equipment use) and also the condition of the site after a maintenance visit. ESA has provided the City an electronic field-monitoring form template as an example, which can be used (as is, or modified based on City input) to document the condition of the site as a tracking measure to evaluate site performance. ESA will maintain the electronic form with other digital files for tracking. lf ESA believes a consultant or contractor is not fulfilling their scope of work or the project is not in compliance with permit conditions, ESA will notify the City and the consultant or contractor (with City concurrence) to identify potential shortcomings and recommend actions to rectify potential problems. With regard to field monitoring and reports, ESA will confirm the consultant is submitting required memos/reports and collecting annual field data correctly (in terms of the time of year, methods, and statistical validity/repeatability) relative to the maintenance and mitigation requirements. ESA will also review memos and draft annual reports to confirm that 8 Appendix A information is clearly presented including adherence to the project schedule and permit conditions before they are submitted to the resource agencies. If permit and project conditions are not being achieved at an interim phase and the project is partially out of compliance, ESA will verify that measures (i.e., remedial or adaptive management measures) are being taken and presented in the annual report to exhibit how compliance is being addressed and maintained. ESA will provide draft report comments and recommendations to the City. If the City agrees with ESA's input, the consultant will be asked to revise a report before it is submitted to the agencies. At the end of ESA's contracted period of performance, ESA will prepare a succinct annual report to the City summarizing the status of all projects that ESA is helping to oversee (as part of the Carlsbad Environmental Management Services program), in addition to permit compliance, adaptive management recommendations, and other topics directed and requested by the City. Under this scope of work, ESA will provide a summary of the Agua Hedionda Streambank Restoration project site which will be included in the annual report. Estimated Cost: s5,860 Task 7: Assist with Project Management Project management assistance will tie in with several other tasks detailed in this scope of work, including management and monitoring of consultants and contractors. ESA will be available to assist the City in any capacity that is needed under this task. Our standard approach to project management is to maintain organized tracking of project timelines and communicate efficiently with the project team. At the request of the City, ESA can serve as adjunct staff and provide project management services as needed, including contract preparation (City of Carlsbad will provide a template), contract review, invoice review and approval, schedule creation and tracking, and communication and meetings with agencies, consultants, contractors, and City staff. Estimated Cost: $1,700 Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures ESA will monitor, review, and manage adaptive management needs and remedial measures that may be necessary to help maintain permit compliance, and also to potentially address intrusion and presence of invasive exotic flora, fauna, insects, fungus, etc. ESA will evaluate monitoring data and information from our periodic site inspections and based on memos and reports prepared by consultants. ESA will review the measures and associated cost to determine if the methods and/or timing should be revised for adaptive management measures and remedial measures proposed by the contractor and/or consultant. Key elements of effective remedial measures include addressing the causal stressor/problem and selecting a cost-efficient approach that provides a sustainable solution and does not extend the planned project schedule. Under this task, ESA will document any detected plant, animal, insect, and/or diseases (via GPS coordinates and photographs) and will review and comment on proposed response methods (to accomplish containment and prevent their spread) provided by the consultant or contractors, and/or ESA will develop tailored response measures for review by the City. 9 Appendix A Estimated Cost: $1,750 Task 9: Coordination with Appropriate City Staff on Proposed Activities before Implementation in Preserves The Agua Hedionda Streambank Restoration project site occurs within private property and the 'Standards Area' (a potential future Preserve area) of the City's HMP but not within a Preserve Hardline area. Thus, within the scope of work period of performance it is not expected there will be project activities within the Preserve that would require coordination with City staff, and therefore no budget is provided for this task. If the project site is added to the Preserve during the a scope of work period of performance, ESA could provide preserve-related coordination services under the Contingency task (Task 15) upon request and direction of the City. Potential activities within the Preserve would be communicated and coordinated with the City's Preserve Manager, Preserve Steward (ESA), City HMP Coordinator, and City Parks and Recreation Department staff. Estimated Cost: so Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up ESA will coordinate with appropriate City staff (including City Police Department staff) and agencies to address illegal encampments near the site. Illegal encampments, occupied or unoccupied, may be identified by a number of means, including the project consultant and contractor, ESA (during site visits), City staff, law enforcement personnel or other public patrols, nearby public residents, etc. Encampments are illegal and can be unsafe, unsanitary, and detrimental to the goals of a habitat restoration site. Due to the project location, it is not anticipated that there will be any illegal encampments. No budget for this task has been allocated at this time. Estimated Cost: so Task 11: Monitor and Download 'Nildlife Cameras ESA will be available to assist with monitoring wildlife cameras and storing the downloaded images if a camera is placed at the Agua Hedionda Streambank Restoratio project site. Currently, there is not a wildlife camera at the site and there are no current plans to install a camera. Therefore, no budget is provided for this task for this project. If a camera is subsequently installed and the City would like ESA to download the images and store the images as part of the project digital files and database, budget could be added to this task or budget could be used (with City approval) from the Contingency task below. Estimated Cost: so 10 Appendix A Task 12: Assist with Permitting ESA is available to assist the City with a permit amendment, if needed (for a change in project description or a modification of permit conditions), for the Agua Hedionda Stream bank Restoration project and also new permits for new projects. To assist the City with permitting, ESA would begin by assessing project needs (a renewal, amendment or new permit, emergency or non-emergency), fees, and permitting timelines. It is expected that typical permitting needs for projects such as channel maintenance or habitat restoration will be covered under USACE Nationwide Permit (NWP) 31 for Maintenance of Existing Flood Control Facilities or NWP 27 for Aquatic Habitat Restoration, Establishment, and Enhancement Activities or NWP 13 for Bank Stabilization but will require a standard 401 Water Quality Certification and standard or routine maintenance Lake or Streambed Alteration Agreement. Channel maintenance projects (and activities/impact projects that require habitat mitigation) with impacts exceeding NWP thresholds may require impact threshold waivers or permitting under the lengthier individual permit process. Regardless of permit type, ESA will work with the City to streamline permitting efforts by standardizing permitting materials and packages so that only project-specific edits will be needed for future submittals. For emergency channel maintenance, ESA would be available to assist with preparing and tracking deadlines for post-impact notifications to USACE, RWOCB, and CDFW, as needed. Estimated Cost: s2,500 Task 13: Review of Legal Documents As requested by the City, ESA (and team member Lewis Brisbois Bisgaard & Smith LLP) will review legal documents, and provide consultation and recommendations on easements or other issues for the Agua Hedionda Stream bank Restoration project and also review or prepare legal documents for new projects. It is expected that most of the potential requests from the City would involve various property issues such as: (1) real estate transfers and transactions; (2) review and/or development of property legal descriptions, lot line adjustments, conservation easements, and restrictive covenants; (3) utility easements; and (4) consultation and negotiation (in coordination with the City) with other public agencies. It is not anticipated that any legal review will be required for this project. There were no requirments for a Restrictive Covenant. Any minor legal review will be paid out of Contingecy after approval by the City. No funds have been allocated to this item. Estimated Cost: so Task 14: Attendance of Conferences and Trainings ESA understands the importance and value of applying the best new science and approaches for addressing ever challenging and emerging issues. ESA will continue to attend and present our projects at training sessions and conferences on our own time. Therefore, a budget for this task is not included in this scope of work. The only exception to this would be if the City requested that ESA attend a training session or conference on behalf of the City. This is an example of a task that could be authorized by the City under the Contingency task (Task 15) below. Estimated Cost: so 11 Appendix A Task 15: Contingency It is understood that some tasks requested by the City could arise that would not be covered by the tasks and task budgets listed above. Under this scenario, ESA would prepare a scope and cost for the requested task for submittal to the City. ESA would not proceed with work on the task without written approval of the City. Estimated Cost s5,ooo TOTAL ESTIMATED COST (for all tasks including contingency): $27,725 Work will be invoiced monthly on a time-and-materials basis in accordance with the Schedule of Fees 12 AGUA HEDIONDA CREEK STREAMBANK REPAIR RESTORATION TASKS AND ESTIMATED LABOR HOURS1 Task 1: Kick-Off Meeting and Establishment of Communication Protocols and Database Organization and Management. Task 2: Organization of Permit Requirements (including Notifications and Fees), Project Conditions and Goals, and Assure Permit Compliance Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Task 4: Coordination with CDFW, USACE, RWQCB, and City Planning Department (and the Wildlife Agencies, i.e., USFWS), As Needed Task 5: Monitoring and Management of Consultant and Contractor Budgets and Contracts Task 6: Monitoring and Management of Contractor and Consultant Field Activities and Reports to Assure Permit Compliance Task 7: Assist with Project Management Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures Task 9: Coordinate with Appropriate City Staff on Proposed Activities before Implementation in Preserves' Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up Task 11: Monitor and Download Wildlife Cameras Task 12: Assist with Permitting Task 13: Review Legal Documents Task 14: Attend Conferences and Trainings3 Task 15: Contingency TOTAL hours 1 Anticipated hours are for 17 months (June 301 2017 to November 30, 2018). -·- 1 1 2 7 5 5 4 3 6 28 10 26 6 2 5 4 0 0 0 0 0 0 3 2 0 0 0 0 10 14 52 92 Appendix A .,-Jth 3 5 2 11 2 12 1 8 2 36 2 38 1 9 1 10 0 0 0 0 0 0 10 15 0 10 0 0 7 31 31 175 The Agua Hedionda Stream bank Restoration site is on private property and within the 'Standards Area' of the of the City's Habitat Management Plan (HMP) but is not currently in the designated (active) Preserve, and therefore no budget is provided for this task. 3 As stated in Addendum No. 11 the selected consultant will be required to be knowledgeable and capable, and attendance at training sessions and conferences will not be included in the scope of work. The ESA team will continue to attend training sessions and conferences, etc., on our own company time. 13 LOCATION MAP ---· 8 PROJECT NAME Agua Hedionda Creek Channel Maintenance & Streambank Restoration Projects. Document Path: J:\RequestsMarch2015\PublicWorks\Utilities\00027229_ 17\Agua HediondaCreekMaintenance. mxd Appendix A PROJECT NUMBERS EXHIBIT 3338 & 6618 1 ACORD/& CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DO/YYYY) ~ 6/26/2017 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 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 endorsementtsl. PRODUCER CONTACT Chris Kelley NAME: Woodruff-Sawyer & Co. ~-415-402-6521 I f ,(-\~ Nol: 415-989-9923 50 California Street, Floor 12 San Francisco CA 94111 ckelley@wsandco.com INSURER(Sl AFFORDING COVERAGE NAIC# 1NsuRERA ,XL Specialtv Insurance Company 37885 INSURED ENVISCl-01 1NsURERB ,Greenwich Insurance Company 22322 Environmental Science Associates INSURERC: 550 Kearny Street, Ste 800 INSURERD: i San Francisco, CA 94108 ! INSURERE: I INSURERF: I COVERAGES CERTIFICATE NUMBER· 1326468351 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE !tiSURED 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 imor: ;:::iUEIR POLICYEFF f~~Li~ LTR TYPE OF INSURANCE lNSD WVD POLICY NUMBER fMM/DD/YYYYI LIMITS B Ix COMMERCIAL GENERAL LIABILITY y GEC001336714 . 1/1/2017 1/1/2018 EACH ~~~· ,nn~ .. ~~ ! $1,000,000 f---D CLAIMS-MADE ~ OCCUR DAMAGE w~t::~, c:v ! $1,000,000 PREMISES occurrencel 3.. __ .Qon!r§ctual Uab MED EXP (Any one person) $10,000 ~ StopGap PERSONAL & ADV INJURY $1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ 0PRO-D PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT .• LOC OTHER: No Deductible $ A AUTOMOBILE LIABILITY AEC001336514 1/1/2017 1/1/2018 fl ,:,INGLE LIMI I • $1,000,000 Ea accidentl f.-.--- BODILY INJURY (Per person) I $ X ANY AUTO -ALL OWNED i SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -~ NON-OWNED PROPERTYNAMAGE X HIRED AUTOS AUTOS /Per accident $ .-! :x NoDed. $ UMBRELLA UAB ~--~ OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A ! WORKERS COMPENSATION WEC001337414 1/1/2017 1/1/2018 I PER i I OTH· ; AND EMPLOYERS' LIABILITY X STATIITE I ER YIN , ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDENT $1,000,000 : OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 : I DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) D170606. On Call Biological Services. The Carlsbad Municipal Water District and the City of Carlsbad, its officials, employees and volunteers are additional insureds per endorsements attached. Coverage is Primary and Non-Contributory. Waivers of Subrogation apply per the attached forms. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Contract Administration ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE I ~ ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ENDORSEMENT #006 ' This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued toV ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location And Description Of Completed Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement perfonned for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this policy remain unchanged. XIL 2037-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 1 ENDORSEMENT #007 This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued to / ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location(s) Of Covered Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE'' OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured{s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of2 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 2 of 2 POLICY NUMBER: GEC001336714 / COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BOOIL Y INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. lnfonnation required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 000313 (Ed. 4-84) 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 Where required by written agreement signed prior to loss. 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 January 1, 2017 Policy No. WEC001337414 Endorsement No. Insured ENVIRONMENTAL SCIENCE ASSOCIATES ~{) Insurance Company Countersigned by ____ ~-----=:::....---::::::: _____ _ XL Specialty Insurance Company WC 00 0313 (Ed. 4-84) C 1983 Natlonal Council on Compensation Insurance. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. Fund 163 TRAN1571 This second Project Task Description and Fee Allotment, is entered into on Av~c:,-\-2-B, '2011 , pursuant to an Agreement between ENVIRMENTAL SCIENCE ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated Jv\1 rz., 201; , 2017, (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 June 26, 2017, ("proposal"), attached as Appendix "A" for the Buena Vista Creek Channel Maintenance Assessment District Environmental Project Management, Oversight, And Monitoring, (the "Project"). The Project services shall include environmental project managmeent including oversight and monitoring of consultants and contractors to ensure they are meeting the scope of work to proceed with project as outline in the project permits. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 by November 30, 2018. Working days are defined in Part 1 General Provisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols, page 4 section titled "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master 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 work days. 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 $33,410. City Attorney Approved Version 8/3/16 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TRAN1571 TABLE 1 FEE ALLOTMENT PROJECT MANAGEMENT OF ENVIRONMENTAL SERVICES ASSOCIATED WITH THE BUENA VISTA CREEK CHANNEL MAINTENANCE ASSESSMENT DISTRICT TASK GROUP TIME & MATERIALS Kickoff Meeting $1,050 Permit Compliance Monitorina 1,535 Coordination with City Staff 2,425 Coordination with Resource AQencies 1,525 Monitor/Manage contracts 5,800 Monitor/Manage Field Activities 6,980 Project Management 1,700 Adaptive Management 1,750 Pre-Implementation Coordination 0 Illegal Encampment & Cleanup Coordination 1,245 Monitor and Download Wildlife Cameras 0 Asist with permitting 1,400 Review legal documents 3,000 Attend Conferences and Trainina 0 Contingency 5,000 TOTAL (Not-to-Exceed) $33,410 City Attorney Approved Version 8/3/16 2 CONTRACTOR ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation (name of Contractor) By: L~ ~ft tf#l(Sig'ftt:F (print nam1e/title) TRAN1571 ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation (name of Contractor) By: (sign here) (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California By: Date: -----------blic Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____ ~=-------- Deputy City Attorney City Attorney Approved Version 8/3/16 3 June 26, 2017 550 West C Street Suite 750 San Diego, CA 92101 619,719.4200 phone 619,719.4201 fax Exhibit A -Scope of Work Channel Maintenance Buena Vista Creek Channel Maintenance District Project Appendix A www,esassoc.com The Buena Vista Creek Channel Maintenance District Project (Buena Vista Channel Maintenance) is conducted within Buena Vista Creek Channel between Jefferson Street and South Vista Way Bridges. This section of Buena Vista Creek is within an earthen and rip rap lined channel. Maintenance activities consist of routine monthly vegetation removal and trash removal. Annually, approximately 1.0-acre of vegetation is cleared from the channel. The site is within the 'Standards Area' of the City of Carlsbad (City) Habitat Management Plan (HMP). The periodic maintenance events include removal of vegetation with portions of the channel. The maintenance program has been designed to provide flood conveyance and protection for up a 20-year storm event. The maintenance program is currently in its fourteenth (14th) year. The City originally approved the Buena Vista Channel Maintenance project by an Enivornmental Impact Report (EIR) EIR 02-03 that covered the first ten (10) years of the program. Since that time, the project has been covered by a Supplemental EIR SEIR 02-03A.The City applied for permits and the project was approved and is operating under a California Department of Fish and Wildlife (CDFW) Stream bed Alteration Agreement (SAA;1600-2013-0135-R5) and a renewal of this permit to be applied for by Nov~mber 30, 2018, and a California Coastal Commission (CCC) permit (CDP 6- 13-0713). Period of Performance The period of performance for ESA (and their subcontractors) is June 30, 2017 to November 30, 2018. After the completion of this period of performance, the City has the option of amending the agreement and extending the period of performance or issuing a new agreement for services through 2021. Scope of Work Overview The scope of work includes tasks requested by the City that will be conducted on regular intervals in addition to as-needed services requested by the City. ESA will work with and for the City (fulfilling a role similar to adjunct staff) and the overall project scope will primarily involve: (1) monitoring and management of existing consultants and contractors to ensure they are fulfilling their contract/scope requirements within budget and schedule and project tasks are being successfully completed; (2) oversight of permit compliance and payment of fees by the City, facilitating a permit amendment or new permit for maintenance (as needed in the future), and assisting with permit applications and obtaining permits for new projects; and (3) providing project management services and responding to questions and issues that may arise. The scope of work provided herein is specifically for the Buena Vista Channel Maintenance project. The scope of work is divided into fourteen (14) tasks plus a contingency task. No expected services or budgets are listed under some task 4 Appendix A headings below for the Buena Vista Channel Maintenance project, but the tasks are included to provide consistency with the task structure for other projects included in the Carlsbad Environmental Management Services program, and in case the City requests services under these tasks later during the period of performance. Task 1: Kickoff Meeting and Establishment of Communication Protocols and Database Organization and Management ESA will attend a kickoff meeting with the City (in person or via phone, as requested by the City). The City may choose to have the contractor and/or environmental consultant for the Buena Vista Channel Maintenance project attend the kickoff meeting. It is expected the kickoff meeting will review project details establish the project communication protocol desired by the City, and review how data wil I be stored and provided to the City. For many of the tasks (e.g., site inspections on routine intervals, monthly review of contractor budgets, and attendance at regularly scheduled meetings) the schedule has been established by the City. For these tasks, it is expected ESA will provide a brief notification/confirmation to the City one to two days before the task is conducted. For all other tasks and services, it is expected ESA will respond to requests and receive confirmation from the City on the level of effort and schedule before work proceeds. ESA will follow a communication protocol that works best for the City. This protocol may include brief status updates via email, including notifications before and after site visits, and regularly scheduled status meetings via conference call or in person. ESA will maintain digital project files and provide files to the City on a routine schedule. It is expected ESA will maintain digital files including but not necessarily limited to: (1) GIS data such as shapefiles of work areas and GPS survey points of different features (e.g., exotic plants, pathogen/disease observations, illegal encampment), (2) permits and table/matrix summaries, (3) consultant reports, (4) ESA field observation reports, and (5) any easements and legal documents. The database structure and contents maintained by ESA will be confirmed based on what works best for the City. The database structure and method for sharing data with the City will be confirmed at the kickoff meeting. Estimated Cost: $1,050 Task 2: Organization of Permit Requirements (including Notifications and Fees), Project Conditions and Goals, and Assurance of Permit Compliance ESA will review the permit requirements and determine in discussion with the City if a new tracking matrix or other tool would be a helpful (in addition to the tracking method currently being used by the City) in organizing permit requirements for the projects, conditions, and necessary administrative actions (e.g., fees, amendment if needed, etc.). ESA has provided the City a permit information-tracking template as an example. Having the permit information well organized with information including but not limited to: (1) authorization and expiration date, (2) required/pending notifications and submittals (including reports and fees), (3) listing of permit requirements, and (4) status of compliance will help focus and streamline monitoring and management activities conducted by ESA and ensure required compliance actions are completed on schedule. Proper permit information organization will support quality assurance for permit compliance and schedule control. A well-organized and thorough understanding of the permit requirements and maintenance requirements is crucial to track appropriate use of resources and budget expended by consultants and contractors retained by the City. 5 Appendix A As part of this task, ESA will review the permit conditions for the project and background documents (including monitoring reports) and conduct an initial reconnaissance site assessment to confirm the status of the project. Estimated Cost: $1,535 Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Serving as an extension of staff, ESA (as requested) will attend meetings and provide staff support as needed. ESA will be available to provide updates on the project, provide technical input and answer questions, and provide recommendations and strategies for providing assistance on permit issues (Note: more 'hands on' permitting assistance is included in Task 12). After meetings, ESA would provide meeting notes to the City, including action items. ESA will develop and review staff reports as requested. Staff reports could include a status summary of the project, future planned activities, and summaries of technical issues requested by the City that pertain to the project (e.g., status of polyphagous shot hole borer and updates of best treatment response, new agency regulatory guidance that may affect future permitting, etc.). Also as requested, ESA will be available to provide public outreach services. ESA can fulfill a variety of roles requested by the City, including presenting project information and/or technical topics, preparing public outreach figures/maps and presentation materials, leading or supporting volunteer field events, and/or taking meeting notes and being available to answer questions. Estimated Cost: $2,425 Task 4: Coordination with CDFW, CCC and City Planning Department (and the Wildlife Agencies} As Needed ESA will coordinate with the agencies as requested by the City. ESA will be available to provide support on technical questions, regulatory issues, project negotiations if needed (including development of appropriate mitigation conditions, if needed in the future), presentations on the status of the project, and documentation of progress, compliance and/or completion of permit requirements. For the Buena Vista Channel Maintenance project, authorizations were provided by the City, CDFW, and CCC. Coordination with the other agencies in the future is possible based on issues (e.g., presence of threatened or endangered species) that could arise. Estimated Cost: $1,525 Task 5: Monitoring and Management of Consultant and Contractor Budgets and Contracts ESA will monitor and manage contract agreements and budgets in coordination with the City to verify that the contractor and consultant are fulfilling their scopes of work and conducting work within budget for the project. As part of this process, ESA will request updates through the City Capital Improvement Program and Operating Budget. ESA will start by reviewing the scopes of work, budgets, invoicing requirements, and status of work and invoicing conducted to date to 6 Appendix A determine if the contractor and environmental consultant efforts are on track or not, relative to their contract agreements. With concurrence of the City, ESA will speak with the contractor and consultant to review the status of their work and invoicing, and schedule for site visits, maintenance activities, monitoring activities and reporting. ESA will review invoices and certified payroll to verify required documentation is provided for projects that require payment of prevailing wages. Information that will be reviewed and verified includes employees' daily and weekly hours worked in each work program level classification (craft), including identification of trainees and apprentices, use of equipment and operator classifications, base hourly rates, overtime rates (if applicable), and method by which fringe benefits are paid (by approved company benefit programs, paid in cash, or a combination of both). ESA will maintain a tracking spreadsheet that will include the project and invoice numbers, review dates, and determination of whether all required information from the contractor and consultant is provided. In cases when (1) contractors may submit invoices that exceed the completed percentage of work or (2) contractors claim that they have or will need to conduct "out-of-scope" work, ESA will review the situation (e.g., proposed adaptive management measure or changed condition caused by humans or occurring naturally) and provide a recommendation to the City on a response to the contractor and whether a contract modification is merited or not. If a contractor believes a project requires out-of-scope work, it is recommended they first submit a summary and request to the City and ESA, and ESA would help evaluate whether the potential out-of-scope work is necessary and whether or not it should be conducted without an amendment under the contractor's existing scope of work. As part of this overall process of managing contractors in coordination with the City, ESA will be available to provide responses (for review by the City) to request for information (RFI) submittals that may be submitted by the contractor during the project. Estimated Cost: $5,800 Task 6: Monitoring and Management of Contractor and Consultant Field Activities and Reports to Assure Permit Compliance ESA in coordination with the City will manage the project contractor and consultant and perform inspections of the site at routine intervals. ESA will have obtained a schedule from the consultant and contractor regarding their field monitoring and maintenance schedules. ESA will schedule periodic site inspections during and after maintenance visits (but not after every maintenance visit) to document the contractor's activities (e.g., crew size and equipment use) and also the condition of the site after a maintenance visit. ESA has provided the City an electronic field-monitoring form template as an example, which can be used (as is, or modified based on City input) to document the condition of the site as a tracking measure to evaluate site performance. ESA will maintain the electronic form with other digital files for tracking. If ESA believes a consultant or contractor is not fulfilling their scope of work or the project is not in compliance with permit conditions, ESA will notify the City and the consultant or contractor (with City concurrence) to identify potential shortcomings and recommend actions to rectify potential problems. With regard to field monitoring and reports, ESA will confirm consultant is submitting required memos/reports and collecting annual field data correctly (in terms of the time of year, methods, and statistical validity/repeatability) relative to the maintenance plan and mitigation requirements. ESA will also review memos and draft annual reports to confirm that information is clearly presented including adherence to the project schedule and permit conditions before they are submitted to the resource agencies. If permit and project conditions are not being achieved at an interim phase and the project is partially out of compliance, ESA will verify that measures (i.e., remedial or adaptive management measures) are 7 Appendix A being taken and presented in the annual report to exhibit how compliance is being addressed and maintained. ESA will provide draft report comments and recommendations to the City. If the City agrees with ESA's input, the consultant will be asked to revise a report before it is submitted to the agencies. At the end of ESA's contracted period of performance, ESA will prepare a succinct annual report to the City summarizing the status of all projects that ESA is helping to oversee (as part of the Carlsbad Environmental Management Services program), in addition to permit compliance, adaptive management recommendations, and other topics directed and requested by the City. Under this scope of work, ESA will provide a summary of the Buena Vista Channel Maintenance project site which will be included in the annual report. Estimated Cost: $6,980 Task 7: Assist with Project Management Project management assistance will tie in with several other tasks detailed in this scope of work, including management and monitoring of consultants and contractors. ESA will be available to assist the City in any capacity that is needed under this task. Our standard approach to project management is to maintain organized tracking of project timelines and communicate efficiently with the project team. At the request of the City, ESA can serve as adjunct staff and provide project management services as needed, including contract preparation (City of Carlsbad will provide a template), contract review, invoice review and approval, schedule creation and tracking, and communication and meetings with agencies, consultants, contractors, and City staff. Estimated Cost: s1, 700 Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures ESA will monitor, review, and manage adaptive management needs and remedial measures that may be necessary to help maintain permit compliance, and also to potentially address intrusion and presence of invasive exotic flora, fauna, insects, fungus, etc. ESA will evaluate monitoring data and information from our periodic site inspections and based on memos and reports prepared by consultants. ESA will review the measures and associated cost to determine if the methods and/or timing should be revised for adaptive management measures and remedial measures proposed by the contractor and/or consultant. Key elements of effective remedial measures include addressing the causal stressor/problem and selecting a cost-efficient approach that provides a sustainable solution and does not extend the planned project schedule. Under this task, ESA will document any detected plant, animal, insect, and/or diseases (via GPS coordinates and photographs) and will review and comment on proposed response methods (to accomplish containment and prevent their spread) provided by the consultant or contractors, and/or ESA will develop tailored response measures for review by the City. Estimated Cost: $1,750 8 Appendix A Task 9: Coordination with Appropriate City Staff on Proposed Activities before Implementation in Preserves The Buena Vista Channel Maintenance project site occurs within the 'Standards Area' (a potential future Preserve area) of the City's HMP but not within a Preserve Hardline area. Thus, within the scope of work period of performance it is not expected there will be project activities within the Preserve that would require coordination with City staff, and therefore no budget is provided for this task. If the project site is added to the preserve during the a scope of work period of performance, ESA could provide preserve-related coordination services under the Contingency task (Task 15) upon request and direction of the City. Potential activities within the Preserve would be communicated and coordinated with the City's Preserve Manager, Preserve Steward (ESA), City HMP Coordinator, and City Parks and Recreation Department staff. Key elements of potential coordination of activities within the Preserve include confirmation with staff that the activity is warranted and properly planned, safety and access considerations have been addressed, sensitive biological resources will be protected, and appropriate monitoring and follow-up documentation will be provided. Estimated Cost: so Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up ESA will coordinate with appropriate City staff (including City Police Department staff) and agencies to address illegal encampments. Illegal encampments, occupied or unoccupied, may be identified by a number of means, including the project consultant and contractor, ESA (during site visits), City staff, law enforcement personnel or other public patrols, nearby public residents, etc. Encampments are illegal and can be unsafe, unsanitary, and detrimental to the goals of a vegetation maintenance site. When an encampment is detected, ESA will document its specific location on a map and notify the City and Police Department (and additional City staff as appropriate including the City's Preserve Manager, Preserve Steward, and Parks and Recreation Department, etc.). ESA understands the City has initiated hiring two illegal-encampment enforcement rangers through the City's Police Department. It is expected ESA will primarily coordinate communication and cleanup of encampments through these rangers. ESA will be available to confirm relevant permit conditions and constraints regarding sensitive plant or wildlife species, and also suggest the least environmentally damaging ingress/egress routes to accomplish the cleanup. Once the cleanup is finished, ESA will notify the staff and parties who were initially notified that an encampment was present. Estimated Cost: $1,245 Task 11: Monitor and Download Wildlife Cameras ESA will be available to assist with monitoring wildlife cameras and storing the downloaded images if they are placed at the Buena Vista Channel Maintenance project site. Currently earners are not required within the boundaries of the Maintenance Assesment District. Estimated Cost: so 9 Appendix A Task 12: Assist with Permitting ESA is available to assist the City with a permit amendment, if needed (for a change in project description or a modification of permit conditions), for the Buena Vista Channel Maintenance project and also new permits for new projects. To assist the City with permitting, ESA would begin by assessing project needs (a renewal, amendment or new permit, emergency or non-emergency), fees, and permitting timelines. lt is expected that typical permitting needs for projects such as channel maintenance will be covered under USACE Nationwide Permit (NWP) 31 for Maintenance of Existing Flood Control Facilities but will require a standard 401 Water Quality Certification and standard or routine maintenance Lake or Streambed Alteration Agreement. Channel maintenance projects (and activities/impact projects that require habitat mitigation) with impacts exceeding NWP thresholds may require impact threshold waivers or permitting under the lengthier individual permit process. Regardless of permit type, ESA would work with the City to streamline permitting efforts by standardizing permitting materials and packages so that only project-specific edits will be needed for future submittals. For emergency channel maintenance, ESA would be available to assist with preparing and tracking deadlines for post-impact notifications to USACE, RWOCB, and CDFW, as needed. Dudek is currently performong surveys for Ridgway Rail within the boundaries of the Maintenace Assesment District. They are also on contract to perform any support necessary in support of the existing permits. An example of the support provided to date include testing and observation of on site vegetation for the presence of the Polyphagus Shot Hole Borer and Fusaium Dieback. In addition, agency required surveys for the adjacent private development project Inns at Buena Vista Creek identified the presence of Rigway Rail within the District boundaries, requiring consultation with Carlsbad Wildlife Office and adjustment of annual maintenance boundaries. Dudek is continuing to monitor for Ridgway Rail and both Dudek and Summit West under the Nature'slmage contract are observing for presence of the shot hole borer. Reports generated by Dudek are to be included in the annual monitoring report prepaed by Summit West and Natures Image. Estimated Cost: S2,500 Task 13: Review of legal Documents As requested by the City, ESA (and team member Lewis Brisbois Bisgaard & Smith LLP) will review legal documents, and provide consultation and recommendations on easements or other issues for the Buena Vista Channel Maintenance project and also review or prepare legal documents for new projects. It is expected that most of the potential requests from the City would involve various property issues such as: (1) real estate transfers and transactions; (2) review and/or development of property legal descriptions, lot line adjustments, conservation easements, and restrictive covenants; (3) utility easements; and (4) consultation and negotiation (in coordination with the City) with other public agencies. Due to the sensitivity of legal issues, the ESA team will coordinate all work directly through the City and will not contact third-parties without approval of the City. Estimated Cost: s3,ooo 10 Appendix A Task 14: Attendance of Conferences and Trainings ESA understands the importance and value of applying the best new science and approaches for addressing ever challenging and emerging issues. ESA will continue to attend and present our projects at training sessions and conferences on our own time. Therefore, a budget for this task is not included in this scope of work. The only exception to this would be if the City requested that ESA attend a training session or conference on behalf of the City. This is an example of a task that could be authorized by the City under the Contingency task (Task 15)below. Estimated Cost: $0 Task 15: Contingency It is understood that some tasks requested by the City could arise that would not be covered by the tasks and task budgets listed above. Under this scenario, ESA would prepare a scope and cost for the requested task for submittal to the City. ESA would not proceed with work on the task without written approval of the City. Estimated Cost $5,000 TOTAL ESTIMATED COST (for all tasks including contingency): $33,410 Work will be invoiced monthly on a time-and-materials basis in accordance with the Schedule of Fees 11 BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT TASKS AND ESTIMATED LABOR HOURS1 E t.::d E5i\ fr.:; J!'n ;t:1 L:; Jd Fi'"kl :,1onitor Task 1: Kick-Off Meeting and Establishment of Communication 2 1 Protocols and Database Organization and Management. Task 2: Organization of Permit Requirements (including Notifications 2 7 and Fees), Project Conditions and Goals, and Assure Permit Compliance Task 3: Meetings with City Staff, Coordination, Development and 5 7 Review of Various Staff Reports, and Public Outreach Participation Task 4: Coordination with CDFW, CCC and City Planning Department 5 3 (and the Wildlife Agencies), As Needed Task 5: Monitoring and Management of Consultant and Contractor 8 30 Budgets and Contracts Task 6: Monitoring and Management of Contractor and Consultant 10 30 Field Activities and Reports to Assure Permit Compliance Task 7: Assist with Project Management 6 2 Task 8: Monitoring, Review and Management of Adaptive Management 5 4 Needs and Proposed Measures Task 9: Coordinate with Appropriate City Staff on Proposed Activities 0 0 before Implementation in Preserves2 Task 10: Coordination with Appropriate Staff and Agencies to Address 2 5 Illegal Encampments and Coordinate Clean-Up Task 11: Monitor and Download Wildlife Cameras 0 0 Task 12: Assist with Permitting 3 2 Task 13: Review Legal Documents 2 0 Task 14: Attend Conferences and TrainingsJ 0 0 Task 15: Contingency 10 14 TOTAL hours 60 105 1 Anticipated hours are for 17 months (June 30, 2017 to November 30, 2018). Appendix A Hou;:; (') 3 6 2 11 3 15 1 9 2 40 6 46 1 9 1 10 0 0 0 7 0 0 10 15 8 10 0 0 7 31 44 209 2 The Buena Vista Creek Channel Maintenance site is not currently in the designated (active) Preserve of the City's Habitat Management Plan (HMP), and therefore no budget is provided for this task. 3 As stated in Addendum No. 1, the selected consultant will be required to be knowledgeable and capable, and attendance at training sessions and conferences will not be included in the scope of work. The ESA team will continue to attend training sessions and conferences, etc., on our own company time. 12 LOCATION MAP Appendix A .A< VICINITY ,-7 MAP / u PROJECT NAME FUND EXHIBIT Buena Vista Creek Channel Maintenance District 13 163 1 Document Path: J:\RequestsMarch2015\PublicVl/orkslUmties\00027229 _ 17\BuenaVistaCreekMaintenance.mxd ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/ODIYYYY) ~ 6/26/2017 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 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(sl. PRODUCER CONTACT Chris Kelley NAME: Woodruff-Sawyer & Co. ;A~~N.;'_ M· 415-402-6521 I ;f,~ Nol· 415-989-9923 50 California Street, Floor 12 San Francisco CA 94111 ~;~tAl!::~~-ckelley@wsandco.com INSURER/SI AFFORDING COVERAGE NAIC# 1NsuRERA :XL Soecialtv Insurance Comoanv 37885 INSURED ENVISCl-01 INSURER B :Greenwich Insurance Comoanv 22322 Environmental Science Associates INSURERC: 550 Kearny Street, Ste 800 i San Francisco, CA 94108 INSURERD: INSURERE: i INSURERF: COVERAGES CERTIFICATE NUMBER· 1326468351 REVISION NUMBER· 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. llifsR -~· POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD!WVDI POLICY NUMBER IMM/DD/YYYYI IMM/DDIYYYYI LIMITS B X I COMMERCIAL GENERAL LIABILITY y GEC001336714 1/112017 1/1/2018 ! EACH OCCURRENCE ! $1,000,000 ~ '"'"'-' OCCUR , DAMAGE TU RENTED i $1,000,000 f PREMISf;S. /Ea occurrence\ ntractual Llab MED EXP (Any one person) $10,000 gGag PERSONAL & ADV INJURY ! $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE I $2,000,000 Fx=] POLICY 0 D LOC , PRODUCTS -COMP/OP AGG $2,000,000 OTHER: No Deductible $ A AUTOMOBILE LIABILITY AEC001336514 1/1/2017 ~ 1/1/2018 ~OMBINEDt)<:>1Nc,LE LIMIT Ea accident s1,ooo,ooo X ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ -NON-OWNED >-'_t<uPERTY DAMAGE iX HIRED AUTOS X AUTOS : !Per accidentl $ --X No Ded. $ UMBRELLA UAB i H OCCUR EACH OCCURRENCE $ '·--·· Is EXCESS LIAS CLAIMS-MADE AGGREGATE DED I I RETENTION$ i 1$ A 1 WORKERS COMPENSATION ' WEC001337414 1/1/2017 1/1/2018 ! X I ~'frnJTF I I OTH- AND EMPLOYERS' LIABILITY ER YIN • E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA $1,000,000 OFFICER/MEMBER EXCLUDED? ( Mandatory in NH) 1 E.L DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $1,000,000 i i DESCRIPTION OF OPERA TlONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) D170606. On Call Biological Services. The Carlsbad Municipal Water District and the City of Carlsbad, its officials, employees and volunteers are additional insureds per endorsements attached, Coverage is Primary an.d Non-Contributory. Waivers of Subrogation apply per the attached forms. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Contract Administration ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE I ~ ;f;I- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ENDORSEMENT #007 This endorsement, effective 12:01 a.m., January 1, 2017 forms a part of Policy No. GEC001336714 issued to / ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Location(s) Of Covered Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. · All other terms and conditions of this policy remain unchanged. XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission BVIE 01/06/2016 Page 2 of2 POLICY NUMBER: GEC001336714 / COMMERCIAL GENERAL LIABILITY CG 240405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) 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 Where required by written agreement signed prior to loss. 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 January 1, 2017 Policy No. WEC001337414 Endorsement No. Insured ENVIRONMENTAL SCIENCE ASSOCIATES ~{) Insurance Company Countersigned by ____ ~__..---==----·=::=::: _____ _ XL Specialty Insurance Company we oo 0313 (Ed. 4-84) C 1983 National Council on Compensation Insurance. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 33381 TRAN1571 This first Project Task Description and Fee Allotment, is entered into on "3\H-6lJ '.2:0 , :ZO I 1 , pursuant to an Agreement between ENVIR MENTAL SCIENCE ASSOCIATES, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated ::S:-ull f2. 1 , 2017, (the "Agreement"), the terms of which are incorporated herein by thi 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 June 22, 2017, ("proposal"), attached as Appendix "A" for the Agua Hedionda Creek Channel Vegetation Clearing Environmental Project Management, Oversight, and Monitoring, (the "Project"). The Project services shall include project management of environmental services associated with the Agua Hedionda Creek Channel Vegetation Clearing project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work immediately upon receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by November 30, 2018. 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 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 $32,805. City Attorney Approved Version 8/3/16 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TRAN1571 TABLE 1 FEE ALLOTMENT PROJECT MANAGEMENT OF ENVIRONMENTAL SERVICES ASSOCIATED WITH THE AGUA HEDIONDA CREEK CHANNEL VEGETATION CLEARING PROJECT, PROJECT NO. 3338 TASK GROUP TIME & MATERIALS 1. Kickoff Meetina $1,050 2. Permit Compliance Monitorino $1,535 3. Citv Staff Coordination & Public Outreach $2,425 4. Resource Aoencv Coordination $1,525 5. Budget & Contract Monitoring/Management $5,800 6. Field Activity Monitoring/Management & Reportina $6,980 7. Project Manaoement Assistance $1,700 8. Adaptive Management Needs & Proposed Measures $1,750 9. Pre-Implementation Activity Coordination $575 10. llleaal Encampments/Clean-up Activity Coordination $565 11. Wildlife Camera Monitorino & Downloading $1,400 12. Permitting Assistance $2,500 13. Legal Document Review $0 14. Conference & Trainino Attendance $0 15. Continoencv $5,000 TOTAL (Not-to-Exceed) $32,805 City Attorney Approved Version 8/3/16 2 CONTRACTOR ENVIRONMENTAL SCIENCE TRAN1571 ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation By: ~"cctor) (sign here) 4' Albert Luisinot/ Lf:-0 (print name/title) 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 OF CARLSBAD, a municipal corporation of the State of California By: Date: 7 · /8 · 17 , Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 8/3/16 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of c~~ . County of~ 1> I ~ D ) onJ lM e aio,ac, 1 before meCl'\n~ l\.l ft N\~Jf.Jaki~k Date th: =:},, d.cGJ'f Insert Name and Title of the O cer personally appeared ~Dk) be I l p V) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature~, Signature of Notary Public Place Notary Seal Above ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ c-. Corporate Officer -Title(s): ______ _ Corporate Officer -Title(s): ______ _ c-, Partner -Limited General Partner -Limited General Individual D Attorney in Fact Individual D Attorney in Fact Trustee D Guardian or Conservator Trustee D Guardian or Conservator Other: ______________ _ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ,X,'g(;.~y(;.'<X,".-'<;.'0C,~.~'<;,{;<,;;(,~~'<&~/</:(.,Y;;(,'Q;~®C(,~~~~~~~~~~~~~~~~~~~~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of C~nia 7\, ) County 0~ n _Jl f ego ) Or(J(Jne, <l),J.£,\l beforeme,Chnsb!-l &,ruhahun ,NtJlllry A/dJu. Datel\J ~IL~ Kj·~eAe_,,!,nsert Nameiland Title of the Ofker personally appeared ___ __LTil---'-'4,'($._,,_.,,.'----'ITL...=____,,,~...,c...,.~t,,.2"""-"---'---U__......U'-'I L,e...._ _______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. oooonoooeonoooooae ia· CHRISTINE A. DUUAGHAN i Commilllon # 2110756 I < ·• Notary Public -California z z· > z San Diego County -J. 0 0 0 0 J:'l ffl· Br': ,,X1·J~19 ' Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatu ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ C Partner -LJ Limited D General n Partner -D Limited D General (_] Individual D Attorney in Fact Ll Individual D Attorney in Fact D Trustee C Guardian or Conservator D Trustee D Guardian or Conservator [J Other: ______________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ,x,"<;:<,-g;g;~-<-X,'§:<,'<;C,<..'G<.,'<;;;(J<;;<,-'§<,,'91,,-g;;'QIX'.v"..5<,'g,~-<;;<;;~--<,~'g,~~'Q{;;~~~~~~~~~~~~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 June 22, 2017 Appendix A -Scope of Work Agua Hedionda Creek Channel Maintenance Between Cannon Road and Agua Hedionda Bridges Project No. 3338 www esassoc.com The Agua Hediona Creek Channel maintenance project is one project under the Carlsbad Environmental Management Services program. The project is being conducted within Agua Hedionda Creek channel between Cannon Road and El Camino Real Bridges. This section of Agua Hedionda Creek is within a rip rap lined channel. Maintenance activities consist of routine monthly maintenance and trash removal. Annually approximately 1.0-acre of vegetation is removed from the channel. Currently the project does not include dredging. The project was approved is operating under a California Department of Fish and Wildlife Streambed Alteration Agreement (Notification No. #1600-2013-0302-RS) that was signed in September 2014 and which extends five (S) years until August 15, 2019 (unless it is terminated or extended before then). The City of Carlsbad approved this project and a larger stream restoration project as EIR 04-02(A)/CDP 06-04xl(A)/SUP 06- 02xl(A) -Agua Hedionda and Calavera Creeks. The city applied for permits for the larger project from the USACOE, CA DFW and CA RWQCB. Draft permits from USFWS and CADFW were issued for the project pending the RWQCB certification. The RWQCB denied the permit pending the city modify the design to create a project to provide water quality benefits to the channel. The nature of these improvements would have resulted in the removal of many of the homes along the creek. The residents within the Rancho Carlsbad Homeowners Association requested city staff find alternatives to loosing home. City staff worked with impacted residents and filed elevation certificates for impacted homes. The city is not pursuing any channel improvements within Calavera or Agua Hedionda Creek Channels. Initiation of the maintenance activities within the channel located between Cannon Road and El Camino Real bridges vests the City of Carlsbad permits. Mitigation for impacts to the channel were permanently mitigated for through the purchase of mitigation credits of a combination of creation/restoration and enhancement at the North County Habitat Bank (NCHB) at a 2:1 acre rate for 1.0 acre of habitat mitigation. The current maintenance activities are necessary to reduce flooding potential of public infrastructure and upstream residences. Maintenance activities and environmental monitoring and reporting are being conducted by a contractor and environmental consultant retained by the City. Year 3 annual maintenance activities (removal of vegetation) occurred on November 15, 2016 and the Agua Hedionda Creek Channel Vegetation Maintenance Project Year 3 Monitoring Report (AECOM) was prepared in January 2017. Should the city determine that dredging is necessary to provide flood protection, permits will be required to accomplish the dredging. 4 Period of Performance The period of performance for ESA (and their subcontractors) is June 30, 2017 to November 30, 2018. After the completion of this period of performance, the City has the option of amending the agreement and extending the period of performance or issuing a new agreement for services through 2021. Scope of Work Overview The scope of work includes tasks requested by the City that will be conducted on regular intervals in addition to as-needed services requested by the City. ESA will work with and for the City (fulfilling a role similar to adjunct staff) and the overall project scope will primarily involve: (1) monitoring and management of existing consultants and contractors to ensure they are fulfilling their contract/scope requirements within budget and schedule and project tasks are being successfully completed; (2) oversight of permit compliance and payment of fees by the City, facilitating permit sign-off, and assisting with permit applications and obtaining permits for new projects; and (3) providing project management services and responding to questions and issues that may arise. The scope of work provided herein is specifically for the Agua Hedionda Creek Channel maintenance project. The scope of work is divided into fourteen (14) tasks plus a contingency task. No expected services or budgets are listed under some task headings below for the Agua Hedionda Creek Channel maintenance project but the tasks are included to provide consistency with the task structure for other projects included in the Carlsbad Environmental Management Services program, and in case the City requests services under these tasks later during the period of performance. Task 1: Kickoff Meeting and Establishment of Communication Protocols and Database Organization and Management ESA will attend a kickoff meeting with the City (in person or via phone, as requested by the City). The City may choose to have the contractor and/or environmental consultant for the Agua Hedionda Creek Channel maintenance project attend the kickoff meeting. It is expected the kickoff meeting will review project details establish the project communication protocol desired by the City, and review how data will be stored and provided to the City. For many of the tasks (e.g., site inspections on routine intervals, monthly review of contractor budgets, and attendance at regularly scheduled meetings) the schedule has been established by the City. For these tasks, it is expected ESA will provide a brief notification/confirmation to the City one to two days before the task is conducted. For all other tasks and services, it is expected ESA will respond to requests and receive confirmation from the City on the level of effort and schedule before work proceeds. ESA will follow a communication protocol that works best for the City. This protocol may include brief status updates via email, including notifications before and after site visits, and regularly scheduled status meetings via conference call or in person. ESA will maintain digital project files and provide files to the City on a routine schedule. It is expected ESA will maintain digital files including but not necessarily limited to: (1) GIS data such as shapefiles of work areas and GPS survey points for different features (e.g., exotic plants, pathogen/disease observations, illegal encampment), (2) permits and table/matrix summaries, (3) consultant reports, (4) ESA field observation reports, and (5) any easements and legal documents. The database structure and contents maintained by ESA will be confirmed based on what works best for the City. The database structure and method for sharing data with the City will be confirmed at the kickoff meeting. Estimated Cost: $1,050 5 Task 2: Organization of Permit Requirements {including Notifications and Fees), Project Conditions and Goals, and Assurance of Permit Compliance ESA will review the permit requirements and determine in discussion with the City if a new tracking matrix or other tool would be a helpful (in addition to the tracking method currently being used by the City) in organizing project permit requirements, conditions, and necessary administrative actions (e.g., fees, amendment if needed, etc.). ESA has provided the City a permit information-tracking template as an example. Having the permit information well organized with information including but not limited to: (1) authorization and expiration date, (2) required/pending notifications and submittals (including reports and fees), (3) listing of permit requirements, and (4) status of compliance will help focus and streamline monitoring and management activities conducted by ESA and ensure required compliance actions are completed on schedule. Proper permit information organization will support quality assurance for permit compliance and schedule control. A well-organized and thorough understanding of the permit requirements and habitat mitigation success standards is crucial to track appropriate use of resources and budget expended by consultants and contractors retained by the City. As part of this task, ESA will review the project permit conditions and background documents (including monitoring reports) and conduct an initial reconnaissance site assessment to confirm the status of the project Estimated Cost: $1,535 Task 3: Meetings with City Staff, Coordination, Development and Review of Various Staff Reports, and Public Outreach Participation Serving as an extension of staff, ESA (as requested) will attend meetings and provide staff support as needed. ESA will be available to provide updates on the project, provide technical input and answer questions, and provide recommendations and strategies for providing assistance on permit issues (Note: more 'hands on' permitting assistance is included in Task 12). After meetings, ESA would provide meeting notes to the City, including action items. ESA will develop and review staff reports as requested. Staff reports could include a status summary of the project, future planned activities, and summaries of technical issues requested by the City that pertain to the project (e.g., status of polyphagous shot hole borer and updates of best treatment response, new agency regulatory guidance that may affect future permitting, etc.). Also as requested, ESA will be available to provide public outreach services. These could include a variety of events such as public outreach and comment meetings (e.g., design charrette) or volunteer field cleanup or planting events. We can fulfill a variety of roles requested by the City, including presenting project information and/or technical topics, preparing public outreach figures/maps and presentation materials, leading or supporting volunteer field events, and/or taking meeting notes and being available to answer questions. Estimated Cost: $2,425 Task 4: Coordination with CDFW and City Planning Department (and the Wildlife Agencies, USACE, RWQCB, CCC) As Needed ESA will coordinate with the agencies as requested by the City. ESA will be available to provide support on technical questions, regulatory issues, project negotiations (including development of appropriate mitigation conditions, if needed in the future), presentations on the status of the project, and documentation of progress and/or completion of permit requirements. For the Agua Hedionda Creek Channel Vegetation Maintenance Project, authorizations were provided by the City Planning Commission and CDFW. Coordination with the other agencies in the future is possible based on issues (e.g., presence of threatened or endangered species) that could arise. Estimated Cost: $1,525 6 Task 5: Monitoring and Management of Consultant and Contractor Budgets and Contracts ESA will monitor and manage contract agreements and budgets in coordination with the City to verify that the contractor and consultant are fulfilling their scopes of work and conducting work within budget. As part of this process, ESA will request updates through the City Capital Improvement Program and Operating Budget. ESA will start by reviewing the scopes of work, budgets, invoicing requirements, and status of work and invoicing conducted to date to determine if the contractor and environmental consultant efforts are on track or not, relative to their contract agreements. With concurrence of the City, ESA will speak with the contractor and consultant to review the status of their work and invoicing, and schedule for site visits, maintenance activities, monitoring activities and reporting. ESA will review invoices and certified payroll to verify required documentation is provided for projects that require payment of prevailing wages. Information that will be reviewed and verified includes employees' daily and weekly hours worked in each work program level classification (craft), including identification of trainees and apprentices, use of equipment and operator classifications, base hourly rates, overtime rates (if applicable), and method by which fringe benefits are paid (by approved company benefit programs, paid in cash, or a combination of both}. ESA will maintain a tracking spreadsheet that will include the project and invoice numbers, review dates, and determination of whether all required information from the contractor and consultant is provided. In cases when (1) contractors may submit invoices that exceed the completed percentage of work or (2) contractors claim that they have or will need to conduct "out-of-scope" work, ESA will review the situation (e.g., proposed adaptive management measure or changed condition caused by humans or occurring naturally) and provide a recommendation to the City on a response to the contractor and whether a contract modification is merited or not. If a contractor believes a project requires out-of-scope work, it is recommended they first submit a summary and request to the City and ESA, and ESA would help evaluate whether the potential out-of-scope work is necessary and whether or not it should be conducted without an amendment under the contractor's existing scope of work. As part of this overall process of managing contractors in coordination with the City, ESA will be available to provide responses (for review by the City) to request for information (RFI} submittals that may be submitted by the contractor during the project. Estimated Cost: $5,800 Task 6: Monitoring and Management of Contractor and Consultant Field Activities and Reports to Assure Permit Compliance ESA in coordination with the City will manage the project contractor and consultant and perform inspections of the site at routine intervals. ESA will have obtained a schedule from the consultant and contractor regarding their field monitoring and maintenance schedules. ESA will schedule periodic site inspections during and after maintenance visits (but not necessarily for every maintenance visit) to document the contractor's activities (e.g., crew size and equipment use) and also the condition of a site after a maintenance visit. ESA has provided the City an electronic field-monitoring form template as an example, which can be used (as is, or modified based on City input) to document the condition of the site as a tracking measure to evaluate site performance. ESA will maintain the electronic form with other digital files for tracking. If ESA believes a consultant or contractor is not fulfilling their scope of work or a project is not in compliance with permit conditions, ESA will notify the City and the consultant or contractor (with City concurrence) to identify potential shortcomings and recommend actions to rectify potential problems. With regard to field monitoring and reports, ESA will confirm consultant is submitting required memos/reports and collecting annual field data correctly (in terms of the time of year, methods, and statistical validity/repeatability) relative to the maintenance plan and mitigation requirements. ESA will also review memos and draft annual reports to confirm that information is clearly presented including adherence to the project schedule and permit conditions before they are submitted to the resource agencies (i.e., CDFW for the Agua Hedionda Creek Channel maintenance project). If permit and project conditions are not being achieved at an interim phase and a project is partially out of compliance, ESA will verify that 7 measures (i.e., remedial or adaptive management measures) are being taken and presented in the annual report to exhibit how compliance is being addressed and maintained. ESA will provide draft report comments and recommendations to the City. If the City agrees with ESA's input, the consultant will be asked to revise a report before it is submitted to the agencies. At the end of ESA's contracted period of performance, ESA will prepare a succinct annual report to the City summarizing the status of all projects that ESA is helping to oversee (as part of the Carlsbad Environmental Management Services program), in addition to permit compliance, adaptive management recommendations, and other topics directed and requested by the City. Under this scope of work, ESA will provide a summary of the Agua Hedionda Creek Channel maintenance project which will be included in the annual report. Estimated Cost: $6,980 Task 7: Assist with Project Management Project management assistance will tie in with several other tasks detailed in this scope of work, including management and monitoring of consultants and contractors. ESA will be available to assist the City in any capacity that is needed under this task. Our standard approach to project management is to maintain organized tracking of project timelines and communicate efficiently with the project team. At the request of the City, ESA can serve as adjunct staff and provide project management services needed, including contract preparation(City of Carlsbad will provide template), contract review, invoice review and approval, schedule creation and tracking, and communication and meetings with agencies, consultants, contractors, and City staff. Estimated Cost: $1,700 Task 8: Monitoring, Review and Management of Adaptive Management Needs and Proposed Measures ESA will monitor, review, and manage adaptive management needs and remedial measures that may be necessary to help maintain permit compliance, and also to potentially address intrusion and presence of invasive exotic flora, fauna, insects, fungus, etc. ESA will evaluate monitoring data and information from our periodic site inspections and based on memos and reports prepared by consultants. ESA will review the measures and associated cost to determine if the methods and/or timing should be revised for adaptive management measures and remedial measures proposed by the contractor and/or consultant. Key elements of effective remedial measures include addressing the causal stressor/problem and selecting a cost-efficient approach that provides a sustainable solution and does extend the planned project schedule. Under this task, ESA will document any detected plant, animal, insect, and/or diseases (via GPS coordinates and photographs) and will review and comment on proposed response methods (to accomplish containment and prevent their spread) provided by the consultant or contractors, and/or ESA will develop tailored response measures for review by the City. Estimated Cost: $1,750 8 Task 9: Coordination with Appropriate City Staff on Proposed Activities before Implementation in Preserves A portion of the Agua Hediona Creek Channel maintenance project occurs within the City's Habitat Management Plan (HMP) Preserve Hardline area (within private property). Therefore, there is expected to be a need to periodically update City's Preserve Manager, Preserve Steward (ESA), City HMP Coordinator, and City Parks and Recreation regarding project activities within the Preserve. If new activities for the Agua Hediona Creek Channel maintenance project are proposed, ESA will communicate and coordinate with the parties listed above. Key elements of this coordination include confirmation with staff that the activity is warranted and properly planned, safety and access considerations have been addressed, sensitive biological resources will be protected, and appropriate monitoring and follow-up documentation will be provided. Estimated Cost: $575 Task 10: Coordination with Appropriate Staff and Agencies to Address Illegal Encampments and Coordinate Clean-Up ESA will coordinate with appropriate City staff (including City Police Department staff) and agencies to address illegal encampments. Illegal encampments, occupied or unoccupied, may be identified by a number of means, including the project consultant and contractor, ESA (during site visits), City staff, law enforcement personnel or other public patrols, nearby public residents, etc. Encampments are illegal and can be unsafe, unsanitary, and detrimental to the goals of a maintenance site (or habitat restoration) site. When an encampment is detected, ESA will document its specific location on a map and notify the City and Police Department (and additional City staff as appropriate including the City's Preserve Manager, Preserve Steward, and Parks and Recreation Department, etc.). ESA understands the City has initiated hiring two illegal-encampment enforcement rangers through the City's Police Department. It is expected ESA will primarily coordinate communication and cleanup of encampments through these rangers. ESA will be available to confirm relevant permit conditions and constraints regarding sensitive plant or wildlife species, and also suggest the least environmentally damaging ingress/egress routes to accomplish the cleanup. Once the cleanup is finished, ESA will notify the staff and parties who were initially notified that an encampment was present. Estimated Cost: $565 Task 11: Monitor and Download Wildlife Cameras ESA will be available to assist with monitoring wildlife cameras and storing the downloaded images. The City indicated that City staff (Dena Emmerson) is downloading images from wildlife cameras, so it is assumed ESA will not download images from the cameras. During site visits ESA will check the wildlife camera boxes and cameras for exterior signs of damage and communicate any observations to the City. ESA will store camera images provided by the City which can be maintained as part of the project digital files and database. Based on the images and information provided by the City, ESA will include attribute information (e.g., project site and date/time, etc.) for the images stored in the database. Estimated Cost: $1,400 9 Task 12: Assist with Permitting ESA is available to assist the City with a permit amendment, if needed (for a change in project description or a modification of permit conditions), for the Agua Hediona Creek Channel maintenance project and also new permits projects for new projects. To assist the City with permitting, ESA would begin by assessing project needs (an amendment or new permit, emergency or non-emergency), fees, and permitting timelines. It is expected that typical permitting needs for projects such as channel maintenance will be covered under USACE Nationwide Permit {NWP) 31 for Maintenance of Existing Flood Control Facilities but will require a standard 401 Water Quality Certification and standard or routine maintenance Lake or Streambed Alteration Agreement. Channel maintenance projects (and activities/impact projects that require habitat mitigation) with impacts exceeding NWP thresholds may require impact threshold waivers or permitting under the lengthier individual permit process. Regardless of permit type, ESA would work with the City to streamline permitting efforts by standardizing permitting materials and packages so that only project- specific edits will be needed for future submittals. For emergency channel maintenance, ESA would be available to assist with preparing and tracking deadlines for post-impact notifications to USACE, the RWQCB, and CDFW. The existing Streambed Alteration Agreement expires August 15, 2019. Application for extension will be initiated after August 2018 which is within the term of this task. Estimated Cost: $2,500 Task 13: Review of Legal Documents As requested by the City, ESA (and team member Lewis Brisbois Bisgaard & Smith LLP) will review legal documents, and provide consultation and recommendations on easements or other issues for the Agua Hediona Creek Channel maintenance project and also review or prepare legal documents for new projects. It is expected that most of the potential requests from the City would involve various property issues such as: (1) real estate transfers and transactions; (2) review and/or development of property legal descriptions, lot line adjustments, conservation easements, and restrictive covenants; (3) utility easements; and (4) consultation and negotiation (in coordination with the City) with other public agencies. Due to the sensitivity of legal issues, the ESA team will coordinate all work directly through the City and will not contact third- parties without approval of the City. It is not anticipated that there will be legal review of any documents during the term of the task. Any legal review will be completed under Task 15: Contingency. Estimated Cost: $0 Task 14: Attendance of Conferences and Trainings ESA understands the importance and value of applying the best new science and approaches for addressing ever challenging and emerging issues. ESA will continue to attend and present our projects at training sessions and conferences on our own time. Therefore, a budget for this task is not included in this scope of work. The only exception to this would be if the City requested that ESA attend a training session or conference on behalf of the City. This is an example of a task that could be authorized by the City under the Contingency task below. Estimated Cost: $0 10 Task 15: Contingency It is understood that some tasks requested by the City could arise that would not be covered by the tasks and task budgets listed above. Under this scenario, ESA would prepare a scope and cost for the requested task for submittal to the City. ESA would not proceed with work on the task without written approval of the City. Estimated Cost $5,000 TOTAL ESTIMATED COST (for all tasks including contingency): $32,805 Work will be invoiced monthly on a time-and-materials basis in accordance with the Schedule of Fees 11 CITY OF CARLSBAD ENVIRONMENTAL MANAGEMENT SERVICES AGUA HEDIONDA CREEK CHANNEL MAINTENANCE TASKS AND ESTIMATED LABOR HOURS1 Anticipated Tasks Estimated ESA Team Staff Hours Project Lead Field Other Manager Monitor Task 1: Kick-Off Meeting and Establishment of Communication 2 1 3 Protocols and Database Organization and Management. Task 2: Organization of Permit Requirements (including Notifications and Fees), Project Success Standards and Goals, and Assure Permit 2 7 2 Compliance Task 3: Meetings with City Staff, Coordination, Development and 5 7 3 Review of Various Staff Reports, and Public Outreach Participation Task 4: Coordination with CDFW and City Planning Department (and the 5 3 1 Wildlife Agencies, USACE, RWQCB, CCC), As Needed Task 5: Monitoring and Management of Consultant and Contractor 8 30 2 Budgets and Contracts Task 6: Monitoring and Management of Contractor and Consultant Field 10 30 6 Activities and Reports to Assure Permit Compliance Task 7: Assist with Project Management 6 2 1 Task 8: Monitoring, Review and Management of Adaptive Management 5 4 1 Needs and Proposed Measures Task 9: Coordinate with Appropriate City Staff on Proposed Activities 1 3 0 before Implementation in Preserves Task 10: Coordination with Appropriate Staff and Agencies to Address 1 3 0 Illegal Encampments and Coordinate Clean-Up Task 11: Monitor and Download Wildlife Cameras 1 4 4 Task 12: Assist with Permitting 3 2 10 Task 13: Review Legal Documents 0 0 0 Task 14: Attend Conferences and Trainings2 0 0 0 Task 15: Contingency 10 14 7 TOTAL hours 59 110 40 1 Anticipated hours are for 17 months (June 30, 2017 to November 30, 2018) Total 6 11 15 9 40 46 9 10 4 4 9 15 0 0 31 209 2 As stated in Addendum No. 1, the selected consultant will be required to be knowledgeable and capable, and attendance at training sessions and conferences will not be included in the scope of work. The ESA team will continue to attend training sessions and conferences, etc., on our own company time. 12 / 8 PROJECT NAME LOCATION MAP --- Cl: C ~ w m ..J c( -z 0 C: ----- r .f.s,,,,__:' _ ---, '\I,\' -.. i 4.ll_ --------;· -a- Agua Hedionda Creek Channel Maintenance & Streambank Restoration Project& Document Path: J :\RequestsMarch2015\Publ icWorks\Util ities\00027 229 _ 17\Agua HediondaCreekMaintenance. mxd ' ,, --~ PROJECT NUMBERS EXHIBIT 3338 & 6618 1 TRAN1571 MASTER AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL SERVICES (ENVIRONMENTAL SCIENCE ASSOCIATES) THIS AGREEMENT is made and entered into as of the \ 2 't0 day of cJu. \ ~ , 20.J]_, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter r~ferred to as "City", and ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an environmental services consultant that is experienced in providing project management for project requiring environmental services. 8. 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 project management and advice for environmental services. D. 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 until November 30, 2021. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 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 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director 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. City Attorney Approved Version 6/9/15 TRAN1571 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed six hundred thousand dollars ($600,000) per Agreement year. If the City elects to extend the Agreement, the amount shall not exceed six hundred thousand dollars ($600,000) per Agreement year. The total amount of the Agreement shall not exceed one million eight hundred thousand dollars ($1 ,800,000) for the initial three year 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 Director, 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. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Seryices, 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 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. 2 City Attorney Approved Version 6/9/15 TRAN1571 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-: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. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 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. Workers' Compensation 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 Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 3 City Attorney Approved Version 6/9/15 TRAN1571 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. 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 notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: Name Title Dept Address Phone Sherri Howard Associate Engineer Transportation CITY OF CARLSBAD 1635 Faraday Av Carlsbad, CA 92008 760-602-2756 4 For Contractor: Name Barbara Calantas Title Project Manager Address 550 West C Street, Suite 750 San Diego, CA 92101 Phone Email 619-719-4200 nrapp@esassoc.com City Attorney Approved Version 6/9/15 TRAN1571 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 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. 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 whose services are 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 at the 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. 5 City Attorney Approved Version 6/9/15 TRAN1571 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. 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 nor 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 6 City Attorney Approved Version 6/9/15 TRAN1571 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. 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 2~ day of J U,ht, , 20 \ 1 . CONTRACTOR ENVIRONMENTAL SCIENCE ASSOC IA TES, a By: 1gn here) aob~n~~J6ftt~ ~~~ ByAJ&_r±: y== (signher=er-;;;a Albert cu,sioar JlFo (print name/1:itle) CITY OF CARLSBAD, a municipal corporation of the State of California ~1 By:~:# Matt Hall, Mayor 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 .!!lY.!! 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: CELIA A./, 7wm ity Attorney BY: ti Vt)._f ( ~._ .0e~uty City Attorney 7 City Attorney Approved Version 6/9/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California\"'\_ ) County of .SO.I\ .V I<~ ) . o,.Jone ~(o t ao before me.~M,:e :l}J l~},a "I iw\zt~'lU.,) I(,, Date t\-&f, Here Insert Name and Ti le of the icer personally appeared -:&br.:>..e e:1," ,J l p h Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~_.,, Signature of Notary Public ---------------oPT/ONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited O General 0 Partner -D Limited O General 0 Individual D Attorney in Fact D Individual O Attorney in Fact 0 Trustee O Guardian or Conservator 0 Trustee O Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ .r<,~-,~,,<;:~,;«.,-s.;<;.~~~~~~~~~~™'§<>™~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ) ) -~~~.i..____ before mC vui~ M t\,])u\lnriW2Vl J \Jo6 .,y_ l\Jo{ lG I Date L Here Insert N;;;;l and Title of the elticer personally appeared _..LA...!....l\~'lJ=e~f=---,:,--=---C=-U\=·...,,.s ...... ro~'--"t..__ __________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu,C*Q...,_ • & Signature of Notary Public ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited D General 0 Partner -D Limited D General 0 Individual D Attorney in Fact D Individual O Attorney in Fact D Trustee D Guardian or Conservator 0 Trustee D Guardian or Conservator D Other: ______________ _ 0 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ R'®~~~~~,K,-<;<,~gc·y<;!~<,~~~~~~~~~~~~~~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Exhibit A SCOPE OF SERVICES Environmental Science Associates will be required to manage the existing maintenance and monitoring contracts for each site in addition to reviewing and extending permits as require·d for continuous project maintenance. The Consultant will be responsible to: • Manage the monitoring and maintenance contractors and perform inspection for all sites on routine intervals during the extended maintenance periods. • Manage the monitoring and maintenance contractors during annual maintenance events. • Review permits with the monitoring biologist to confirm regulatory compliance, review notification letters as required by the permits and coordinate the payment of permit fees. • Coordinate with the Preserve Manager, Preserve Steward, City of Carlsbad Habitat Management Plan (HMP) Coordinator and Parks and Recreation Department, for activities within the preserves. • Coordinate with the California Department of Fish and Wildlife (CDFW) and US Fish and wildlife Services (USFWS) (collectively, the Wildlife Agencies), the US Army Corps of Engineers, the California Coastal Commission (CCC), the Regional Water Quality Control Board (RWQCB) and the City of Carlsbad Planning Department, as necessary. • Monitor budgets and request updates through the city and CMWD Capital Improvement Program and Operating Budget. • Coordinate with appropriate agencies to address illegal encampments. • Coordinate clean-up of illegal encampments. • Review and recommend approval of invoices from consultants and contractors. • Review and update contracts with consultants and contractors to address adaptive management recommendations or changed conditions whether caused by humans or naturally occurring. • Manage certified payroll as needed. • Maintain digital project files and provide to the city on a routine schedule. • Review and assure permit compliance for Daily Work and Observation Reports. • Review and assure permit compliance for Annual Monitoring Reports. • Attend meetings with City/CMWD staff. • Monitor and download wildlife cameras and compile data in compliance with project permits. • Attend conferences and training sessions to ensure that the most current best practices are employed. • Monitor adaptive management practices to address intrusion of invasive exotic flora, fauna, insects and fungus. • Review legal documents (plat map and legal description for easements and easement language). • Coordinate directly with City/CMWD staff for the development and review of various staff reports (for example: Planning Commission, City Council, CMWD Board meetings). • Recommend, coordinate and participate in public outreach activities. • Assist City/CMWD with permitting. • Assist with project management. The City will make available all reports, permits, plans and other documentation previously prepared for the projects in City's possession. 8 Rate Schedule 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 phone 619.719.4201 lax Standard Hourly BIiiing Rates for Assigned Staff Exhibit A www.esassoc.com Provided herein are hourly rates for our assigned team, including subconsultants that are proposed for the project. Assigned Staff Barbra Calantas Jim Prine Alanna Sullivan Lauren Singleton Amy Lee Tommy Molioo Scott Holbrook Jim Rocks (RBC) Melanie Rocks (RBC) Lee Ripma (RBC) Julie Stout TABLE 5-1 STAFF HOURLY RATE Kelly Alhadeff-Black (Lewis & Brisbois) Douglas McKinney (D&D) Robert Mazalewski (D&D) Billing Rate $215 $215 $120 $120 $120 $150 $195 $125 $125 $100 $180 $250 $130 $115 Following this page is ESA's rate sheet. March 9, 2017 City of Carlsbad / Environmental Management Services (RFQ #17-12) environmental science associates 9 2 Rate Schedule Environmental Science Associates & Subsidiaries 2017 Schedule of Fees I. Personnel Category Rates Exhibit A Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions, and providing expert testimony will be charged at the Category rate times 1.5. Labor category Senior Director Director Managing Associate Senior Associate Associate Project Technicians Level I 250 200 165 140 100 80 Level II Level Ill 265 285 215 230 180 195 150 160 120 130 95 115 (a) The range of rates shown for each staff category reflects ESA staff qualifications, expertise, and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity. (b) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. (c) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs. II. ESA Expenses A. Travel Expenses 1. Transportation a. Company vehicle-IRS mileage reimbursement rate b. Common carrier or car rental -actual multiplied by 1.15 2. Lodging, meals, and related travel expenses -direct expenses multiplied by 1.15 B. Communications Fee In-house costs for phone, email, fax, regular postage, walk-up copier, and records retention -project labor charges will be multiplied by 3%. C. Printing/Reproduction Rates Item 8 l/2x 11 b/w llx 17 b/w 8 1/2 x 11 color 11 x 17 color Covers Ill. Subcontracts Rate/page $0.05 $0.10 $1.00 $2.00 $0.50 Item Binding HP Plotter CD Digital Photography Subcontract services will be invoiced at cost multiplied by 1.15. 10 Rate/page $LOO $25.00 $10.00 $20.00 (up to 50 images) esassoc.com Exhibit A r s ~ IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now, or hereinafter imposed under the authority of a federal, state, or local taxing jurisdiction. March 9, 2017 City of Carlsbad / Environmental Management SeNices (RFQ #17-12) environmental science associates 11 3 i> LEWIS (0 BRISBOIS January 2017 Rate Schedule: Lewis Brisbois provides the following hourly rate schedule for our proposed team: Name Title Hourly Rate Kelly Alhadeff-Black Partner $350 Dustin Woods Partner $325 Marshal Wilke Associate $275 Sara Atsbaha Associate $250 James Geocaris Partner $395 Exhibit A Note: Mileage charged in accordance with standard IRS rate. And a 4% charge is included with each invoice for materials and administrative costs (copies, mail, fax, printing, etc.} 12 ROCKS BIOLOGICAL CONSULTING Rocks Biological Consulting Rate Sheet January 2017 Principal Biologist $130 Senior Project Manager $120 Senior Biologist $110 Associate Biologist $100 Monitoring Biologist $95 GIS Technician $95 Technical Editor $75 Clerical Assistant $65 Rates subject to annual escalation not to exceed 5% 2621 DENVER STREET, SUITE 8 • SAN DIEGO, CA 92110-3300 (619) 701.6798 • INFO@ROCKSBIO.COM 13 Exhibit A ,--ESA ~ Feb 2017 Effective 2017, ESA Officers and select other Certified Contract Signers are authorized to sign contracts, modifications, and subcontracts. Following are the authorized individuals by ESA office. *Note: The individuals highlighted in BOLD type are authorized to sign engineering and design contracts. See Signature Authority Policy for guidance on signature authority levels and Contract Review FAQs AUTHORIZED ESA CONTRACT SIGNERS: OFFICERS + CERTIFIED CONTRACT SIGNERS NORTHWEST REGION • Molly Adolfson, Sr. VP, NW Water Practice Leader Seattle Office • Margaret Clancy, VP, NW Regional Director • Teresa Vanderburg, VP, NW Biological Resources Practice Leader • Paul Agrimis, P.E., VP, Landscape Architecture Program Leader* Portland Office • Ken Vigil, P.E., VP, NW Environmental Hydrology Practice Leader* • Joe Richards, Senior Technical Expert, NW EH* • Susan Cunningham, Program Manager, NW Biological Resources NORTHERN CALIFORNIA REGION Petaluma Officer • Betty Andrews, P.E., VP, Sr. Program Manager EH* • Jim O'Toole, VP, CA Water Practice Leader • Bob Battalio, P.E., VP, Chief Engineer* • Annette Bonilla, VP, HR Director • Ann Borgonovo, P.E., VP, CA EH Practice Leader* San Francisco • Albert Cuisinot, Sr. VP, CFO • Leslie Moulton-Post, President, CEO • Gary Oates, Sr. VP, Strategic Client Director • Brian Ramos, Sr. VP, COO • Janna Scott, SF Office Leader Oakland Office • TBD -(once we expand our Oakland office in Q2 2017) • Steve Alverson, Sr. VP, Strategic Client Director • Brian Boxer, Sr. VP, NorCal Regional Director Sacramento Office • Erich Fischer, Sr. VP CA Biological Resources Practice Leader • Cathy McBee, VP, Central Valley Water Group Director • Dana McGowan, VP, Cultural Resources Practice Leader SOUTHERN CALIFORNIA REGION Ventura Office • Monica Strauss, Cultural Resources Director Santa Monica Office • Greg Broughton, VP, Strategic Client Director • Jay Ziff, Community Development Program Director • Terri Avila, VP, CA Community Development Practice Leader Los Angeles Office • Tom Barnes, VP, SoCal Water and Energy Director • Deanna Hansen, VP, SoCal Community Development Director Pasadena Office • Heidi Rous, Air Quality Services Director Irvine Office • Steve Nelson, VP, SoCal Biological Resources Director San Diego Office • Bobbette Biddulph, Sr. VP SoCal Regional Director • Eric Ruby, Sr. VP, Strategic Client Director SOUTHEAST REGION Orlando Office • Mike Arnold, Sr. VP, Airports Practice Leader • Julie Sullivan, VP, Southeast Regional Director Tampa Office • Doug Robison, VP SE Biological Resources Director Page 1 of 1