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AECOM Technical Services Inc; 2021-10-05; PSA22-1590TRAN
PSA22-1590TRAN City Attorney Approved Version 6/12/18 1 AGREEMENT FOR AGUA HEDIONDA CHANNEL MAINTENANCE ENVIRONMENTAL MONITORING SERVICES AECOM TECHNICAL SERVICES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and AECOM Technical Services, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services from a consultant that is experienced in environmental monitoring and reporting. B. Contractor has the necessary experience in providing professional services and advice related to environmental monitoring and reporting. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed twenty thousand six hundred seventy dollars ($20,670) for Year 1 (September 2021 to August 2022), twenty one thousand seventy two dollars ($21,072) for Year 2 (September 2022 to August 2023), twenty three thousand three hundred twenty five dollars ($23,325) for Year 3 (September 2023 to August 2024), to bring the total Agreement amount to not-to-exceed sixty- five thousand sixty-seven dollars ($65,067). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E 5th October PSA22-1590TRAN City Attorney Approved Version 6/12/18 2 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 Services, 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 attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 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 DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E PSA22-1590TRAN City Attorney Approved Version 6/12/18 3 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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 (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 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. 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 DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E PSA22-1590TRAN City Attorney Approved Version 6/12/18 4 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 any time, 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. For City For Contractor Name Daniel Zimny Name Aaron Andrews Title Associate Engineer Title Project Manager Department Public Works Address 401 W. A St., Ste. 1200 City of Carlsbad San Diego, CA 92101 Address 1635 Faraday Ave. Phone No. 619-610-7582 Carlsbad, CA 92008 Email aaron.andrews@aecom.com Phone No. 760-331-7399 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. DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E PSA22-1590TRAN City Attorney Approved Version 6/12/18 5 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 categories. Yes ☒ No ☐ 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 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. 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 DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E PSA22-1590TRAN City Attorney Approved Version 6/12/18 6 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. JURISDICTION 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 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. /// /// DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E PSA22-1590TRAN City Attorney Approved Version 6/12/18 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California AECOM Technical Services, Inc., a California corporation By: By: (sign here) PAZ GOMEZ, Deputy City Manager, Public Works, as authorized by the City Manager Teri Fenner, Vice-President (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E i (J.~ t PSA22-1590TRAN City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E August 19, 2021 Mr. Daniel Zimny City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 AECOM Tel 619.610.7600 401 West A Street Fax 619.610.7601 Suite 120 San Diego, CA 92101 aecom.com Subject: Scope of Work and Cost Proposal for Vegetation Clearing and Biological Monitoring Associated with the Agua Hedionda Vegetation Maintenance Project (2021 through 2024) Mr. Daniel Zimny: AECOM Technical Services, Inc. (AECOM) is committed to working with the City of Carlsbad (City) and has partnered with Habitat Restoration Sciences Inc. (HRS) to conduct vegetation removal and biological monitoring associated with implementation of the Agua Hedionda Vegetation Maintenance Project since 2019. The tasks included in this scope of work fulfill the requirements of the Vegetation Maintenance Plan, City of Carlsbad, Agua Hedionda Creek (between Cannon Road and El Camino Real Bridges), Carlsbad, California prepared by the City of Carlsbad Public Works Department and AECOM in November 2013, as well as the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (SAA) No. 1600-2013-0302-R5 and 5 year extension of the SAA dated August 28, 2019. AECOM restoration professionals are currently performing biological monitoring and reporting for the Agua Hedionda project via purchase order P138261 which expires September 30, 2024 (for services 2019 through August 15, 2024), with HRS performing vegetation removal activities as a subcontractor to AECOM. This new proposal is being written in response to a request by the City of Carlsbad to add two additional vegetation removal events to the annual vegetation removal activities and to contract independently with AECOM and HRS. Under this new contract, the services for AECOM and HRS would split into two separate contracts, with HRS contracting directly to the city. Therefore, this new AECOM contract includes the additional vegetation removal events, as well as our original scope of work from October 2021 through 2024 (e.g., the remaining term of the original contract). We assume the terms and conditions will be identical to those in our current city contract. The proposed scope of work, including assumptions, and a fee estimate are described in detail below. Scope of Work Task 1 - Annual Preconstruction Survey An annual preconstruction survey will be conducted by a restoration ecologist or biologist on a single day prior to the first vegetation removal event. Preconstruction monitoring will include sediment measurements at both the Cannon Road and El Camino Real Bridges using the methodology established in the first year of the of the project (2014). Subsequent vegetation removal events will have vegetation monitoring occur in accordance with requirement 2.21 of the SAA. These vegetation monitoring visits will be used to help gauge the timing of the vegetation clearing events. In 2014, AECOM performed a bat survey and confirmed the presence of a large number of bats within the Cannon Road Bridge. In subsequent years, no bat surveys were performed; instead a work protocol was DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E AECOM Imagine it. Delivered. aecom.com 2/3 implemented to limit disturbance to roosting bats. That protocol will continue to be described in the preconstruction notification and followed for work in each year. Deliverable: A daily observation report (DOR) will be provided to the City and a preconstruction notification will be provided to the CDFW 7 days prior to the start of each vegetation clearing event. Task 2 - Annual Vegetation Removal Biological Monitoring Pursuant to the requirements of the SAA, a qualified AECOM biologist will oversee the removal of vegetation from the portion of Agua Hedionda Creek between Cannon Road and El Camino Real Bridges (Project site) for all vegetation removal events. Vegetation removal will be conducted three times per year for 3 years and is anticipated to take no more than eleven days total per year. Vegetation removal will be conducted outside of the avian breeding season, between the end of September, and February 15. At the beginning of each vegetation clearing event, the biologist will mark the limits of the project site with pin flags or flagging. The biologist will also conduct a worker education awareness program, as outlined in the Agua Hedionda Creek Vegetation Management Plan, to ensure that on-site personnel understand the work limits and are fully informed about the potential biological resources associated with the project site. The biologist will be present during vegetation removal activities to ensure that these activities are confined to the project limits and to verify compliance with the SAA. The biologist will ensure that at least 10 mature willow trees (Salix spp.) are marked for retention each year and will inform the maintenance crew of the significance of these trees. The biologist will monitor the trimming of these tree’s low branches to ensure compliance with the SAA. In association with the annual vegetation removal effort the biologist will survey the project site for invasive and nonnative plant species and direct the maintenance crew to remove these species during vegetation removal, if found. Deliverable: Daily observation reports will be provided to the City of Carlsbad via electronic mail each day. Task 3 - Wildlife Movement Summary The City will continue to maintain wildlife movement cameras and provide the results detected at the camera locations to AECOM. AECOM anticipates information provided will include at a minimum the species detected and the date, time and location of detection. Deliverable: AECOM will summarize the information provided in the annual monitoring report for the project. Task 4 - Preparation of Annual Monitoring Letter Report (3 Years) Following the completion of the final round of vegetation removal each year, the biologist will prepare a monitoring letter report summarizing the annual maintenance effort. The letter will include the dates of maintenance activities, the height of vegetation prior to removal, the general condition of the willow trees left on-site, the type of vegetation removed, problems encountered and resolution of problems, any sensitive species observed and their locations, and a brief analysis of the sediment measured at the inside edges of Cannon Road and El Camino Real Bridges (using the methodology established in 2014 and utilized each subsequent year). DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E AECOM Imagine it. Delivered. aecom.com 3/3 Deliverable: Annual letter will be submitted to the City of Carlsbad within one month of completion of maintenance activities each year (reports submitted in late 2022, 2023, and 2024). Fee Estimate The total fee for services is $65,067. A tabular summary of costs per year is provided below (Table 1). The price assumes a Time and Materials contract for all tasks. Billing will occur on a monthly basis when work is performed. We value our relationship with the City. The rates proposed for this contract follow our recently submitted rates for the yet to be awarded City of Carlsbad RFQ 21-1449CA: Master Agreement Consultant Services, Discipline No. 7 (Environmental Planning/Studies). The rates are included as Attachment A. Table 1. Fee Estimate by Year and Task Task Year 1 Sept 2021 – Aug 2022 Year 2 Sept 2022 – Aug 2023 Year 3 Sept 2023 – Aug 2024 TOTAL 1. Preconstruction Survey $2,305 $2,355 $2,405 $7,065 2. Monitoring of Vegetation Removal $11,665 $11,926 $12,194 $35,785 3. Wildlife Movement $725 $742 $759 $2,226 4. Monitoring Letter Report $5,975 $6,049 $7,967 $19,991 Annual Subtotal $20,670 $21,072 $23,325 $65,067 1 All ODCs are included in the fee by task. We look forward to continuing to partner with you and HRS on this important project. Please call me at 619.610.7600 if you have any questions. Sincerely, Alexandra Fowler Cecilia Meyer Lovell Restoration Ecologist Associate Vice President DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E AECOM lmaqincit. Dcli~:crcd. TITLE HOURLY RATE TITLE HOURLY RATE 1.Archaeological Technician I $65 30.Landscape Architecture III / Designer III $140 2.Archaeological Technician II $75 31.Landscape Architecture Manager $200 3.Archaeologist/Architectural Historian I $85 32.Planner I $90 4.Archaeologist/Architectural Historian II $95 33.Planner II $115 5.Archaeologist/Architectural Historian III $110 34.Planner III $130 6.Archaeologist/Architectural Historian IV $130 35.Planner IV $160 7.Archaeologist/Architectural Historian V $175 36.Planner V $185 8.Biologist I $90 37.Principal/Senior Director $210 9.Biologist II $105 38.Principal II/Senior Director II $250 10.Biologist III $125 39.Project Controls I $90 11.Biologist IV $150 40.Project Controls II $105 12.Biologist V $185 41.Project Controls III $120 13.Environmental Engineer/Scientist I $90 42.Project Controls IV $140 14.Environmental Engineer/Scientist II $110 43.Project Controls V $185 15.Environmental Engineer/Scientist III $135 44.Technical Editor/Word Processor I $90 19.Environmental Engineer/Scientist IV $155 45.Technical Editor/Word Processor II $110 20.Environmental Engineer/Scientist V $225 46.Technical Editor/Word Processor III $120 21.Field Crew $55 22.Field Leader $70 23.GIS Specialist I $100 24.GIS Specialist II $125 25.GIS Specialist III $140 26.GIS Manager $170 27.Graphic Artist $105 28.Landscape Architecture /Designer I $100 29.Landscape Architecture II /Designer II $120 Attachment A City of Carlsbad Vegetation Clearing and Biological Monitoring Associated with the Agua Hedionda Vegetation Maintenance Project (2021 through 2024) Rate Sheet Fees are valid through August 31, 2022. Staff may move among categories depending upon project role and staff progression during the contract term. Rates will escalate by 2.5% annually thereafter. Other reimbursable expenses and subconsultants will be billed at cost. Invoices will be submitted on 4-week intervals for work in progress unless otherwise agreed. Invoices are due and payable within 30 days after invoice date. OTHER DIRECT COSTS AECOM 4x4 Vehicle Use $75.00 daily (gas excluded) N/A – No subconsultants are being used on this contract at this time. DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E..., ....... VI VtallllVIIIICI -l'ICllUldl l"'\t:::SUUll;e:S /-\gency EDMUND G. BROWN, Jr., Governor DEPARTMENT OF FISH AND WILDLIFE South' Coast Region CHARLTON H. BONHAM, Director 3883 Ruffin Road San Diego, California 92123 (858) 467-4201 www.wildlife.ca.gov September 5, 2014 Ms. Sherri Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Final Lake or Streambed Alteration Agreement Notification No. 1600-2013-0302-RS Agua Hedionda Vegetation Maintenance Project Dear Ms. Howard: SEP 9 2014 Enclosed is the final Streambed Alteration Agreement (Agreement) for the Agua Hedionda Vegetation Maintenance Project (Project). Before the California Department of Fish and Wildlife (Department) may issue an Agreement, it must comply with the California Environmental Quality Act (CEQA). In this case, the Department, acting as a responsible agency, filed a notice of determination (NOD) on the same date it signed the Agreement. The NOD was based on information contained in the final Environmental Impact Report the lead agency prepared for the Project. Under CEQA, filing a NOD starts a 30-day period within which a party may challenge the filing agency's approval of the project. You may begin your project before the 30-day period expires if you have obtain~d all necessary local, state, and federal permits or other authorizations. However, if you elect to do so, it will be at your own risk. If you have any questions regarding this matter, please contact Kevin Hupf, Environmental Scientist at (858) 467-4223 or kevin.hupf@wildlife.ca.gov. J:j;;~t, Jdv: Gail K. Sevrens Environmental Program Manager Conserving Ca{ifomia 's 'WiU{ife Since 1870 DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ECALIFORNIA DEPARTMENT OF FISH AND WILDLIFE SOUTH COAST REGION 3883 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2013-0302-R5 AGUA HEDIONDA CREEK CITY OF CARLSBAD AGUA HEDIONDA VEGETATION MAINTENANCE PROJECT This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Carlsbad (Permittee) as represented by Sherri Howard. RECITALS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified CDFW on December 30, 2013, that the Permittee intends to complete the project described herein. WHEREAS, pursuant to FGC section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources. NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement. PROJECT LOCATION The project is located within Agua Hedionda Creek, in the City of Carlsbad, County of San Diego; Latitude 33.148951, Longitude-117.29732; U.S. Geological Survey (USGS) 7.5-minute map San Luis Rey quadrangle, Section 9, Township 12 south, Range 4 west, San Bernardino meridian; Agua Hedionda land grant. The project is located generally southeast of the intersection of El Camino Real and Cannon Road, immediately upstream of Agua Hedionda Lagoon Ecological Reserve. PROJECT DESCRIPTION The project is limited to vegetation management and vegetation maintenance activities within Agua Hedionda Creek between Cannon Road and El Camino Real bridges. The entire impact area is within an area previously disturbed as a part of the Agua Hedionda DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 2 of 14 Channel Emergency Dredge Project, Streambed Alteration Agreement 1600-2006-0060-R5. Vegetation will be removed using hand tools, heavy equipment will not be operated within the bed, banks, or channel of the stream. Vegetation on the banks of the stream outside the 0.50-acre maintenance area will not be removed. PROJECT IMPACTS Existing fish or wildlife resources the project could substantially adversely affect' include: AMPHIBIANS -arroyo toad (Bufo californicus), California treefrog (Pseudacris hypochondriaca), pacific treefrog (Pseudacris regilla); REPTILES -alligator lizard (Elgaria multicarinata webbit), western fence lizard (Sceloporus occidentalis), two-striped garter snake (Thamnophis hammondit), side-blotched lizard (Uta stansburiana); BIRDS -western scrub-jay (Aphelocoma californica), Anna's hummingbird (Ca/ypte anna), coastal cactus wren (Campylorhynchus brunneicapillus), lesser goldfinch (Carduelis psaltria), house finch (Carpodacus mexicanus), yellow warbler (Dendroica petechia), white-tailed kite (Elanus /eucurus), southwestern willow flycatcher (Empidonax trail/ii extimus), yellow-breasted chat (lcteria virens), Nuttall's woodpecker (Picoides nuttallit), California gnatcatcher (Polioptila califomica californica), light-footed clapper rail (Ral/us /ongirostris /evipes), black phoebe (Sayomis nigricans), least Bell's vireo (Vireo be/Iii pusil/us); MAMMALS -coyote (Canis latrans), striped skunk (Mephitis mephitis), raccoon (Procyon /otor), California ground squirrel (Spermophilus beecheyi), Audubon's cottontail (Sylvilagus audubonit); PLANTS -yerba mansa (Anemopsis califomica), mulefat (Baccharis salicifolia), saltgrass (Distichlis spicata), southwestern spiny rush (Juncus acutus L. ssp. Leopo/dii), western sycamore (Platanus racemosa), black willow (Salix gooddingit), arroyo willow (Salix lasiolepis), cattails (Typha spp.), other riparian/wetland vegetation which provides habitat for those species; and all other aquatic and wildlife resources in the project vicinity and other riparian/wetland vegetation which provides habitat for those species, and all other aquatic and wildlife resources in the project vicinity. The adverse effects the project could have on the fish or wildlife resources identified above include: accelerated channel scour; loss of bank stability during construction; increase of bank erosion during construction; change in composition of channel materials; restriction or increase in sediment transport; increased turbidity; increased sedimentation (chronic or episodic); short-term release of contaminants (e.g., incidental from construction); change in water temperature; loss or decline of riparian and/or emergent marsh habitat; decline of vegetative diversity; colonization by exotic plant or animal species; change in flow depth, width or velocity; loss or decline of instream woody material; disruption to nesting birds and other wildlife; change in shading or insolation leading to vegetative change; change in stream flow (Q); and loss or decline of instream channel habitat. The project will permanently impact 0.50 acre of Agua Hedionda Creek through routine vegetation management and maintenance. Of the 0.50 acre that will be permanently impacted, 0.47 acre is riparian willow forest and 0.03 acre is willow riparian scrub. DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 3 of 14 MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. 1.5 Payment of Outstanding Fees. Permittee shall submit a fee for each individual maintenance project to CDFW prior to initiation of such project. The fee shall be based on CDFW's Agreement for Routine Maintenance fees as described in the California Code of Regulations, Title 14, section 699.5. CDFW acknowledges receipt of the Routine Maintenance base fee of $1,345.25 as well as an additional $560.00 to be applied toward fees for individual maintenance projects. 2. Avoidance and Minimization Measures To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below. Resource Protection 2.1 Potential Impacts to Aqua Hedionda Lagoon Ecological Reserve. The Permittee shall be responsible for correcting and mitigating all impacts to Agua Hedionda Lagoon Ecological Reserve (AHLER) that result from this project. Should CDFW, at their sole discretion determine the project work activities described in this Agreement (and any future amendments) were at fault for the loss of DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 4 of 14 functions and/or values of the habitat and/or stream in AHLER, the cost of correcting the issue (including, but not limited to engineering, planning, permitting, implementation, and monitoring) will be borne solely by the Permittee to the satisfaction of CDFW. 2.2 Staging Areas. Staging/storage areas for equipment and materials shall be located outside of the stream/lake. 2.3 Construction Area Demarcation. Prior to construction, a qualified biologist shall mark the authorized construction area using data from the 2006 Agua Hedionda Channel Emergency Dredge Project at the project location. No vegetation shall be removed during construction outside of the previously impacted 0.5-acre area and no construction debris or equipment shall be placed outside of the area. 2.4 Ecologically Sensitive Areas. All native habitats outside the construction limits shall be designated as Ecologically Sensitive Areas (ESAs) on project maps. No personnel, equipment, or debris will be allowed within the ESAs. 2.5 Surveying and Monitoring. A qualified biologist shall be present during vegetation maintenance activities within 200 feet of the AHLER to ensure that maintenance activities are confined to the demarcated project footprint, and to verify compliance with measures of this Agreement. 2.6 Removal and Disposal of Non-Native Vegetation. Any non-native vegetation removed shall be disposed of legally in a manner which prevents its reestablishment and in a manner that does not negatively affect other sensitive native habitat. 2. 7 Stockpiling Removed Vegetation. Vegetation removed from the stream shall not be stockpiled in the stream bed or on its banks. All removed vegetation and debris shall be disposed of according to State and local laws and ordinances. 2.8 Native Non-Woody Vegetation. Native non-woody vegetation (e.g. cattails and sedges) shall be allowed to grow in the channel bottom between maintenance activities. Native non-woody vegetation may be cut down to a level above the current water line, and shall leave the root system intact. The use of herbicide to inhibit growth or kill cattails or sedges is prohibited. 2.9 Willow Trees. A minimum of 1 O mature willow trees shall be retained within the 0.50-acre maintenance area during any maintenance activity. The 10 willow trees that will remain shall be clearly marked by a qualified biologist and maintenance crews shall be instructed regarding the significance of the trees. Only those branches in the lower one-third of these trees and less than two inches in diameter may be pruned to accommodate project activities. Understory riparian vegetation such as blackberries, cattails, etc., may be pruned only as needed to accommodate project activities. DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 5 of 14 2.10 No Grubbing of Root Zone. No vegetation shall be removed by excavation, grubbing or cutting of stems below the ground level. 2.11 Remove Invasive Vegetation by Hand. Whenever possible, invasive species shall be removed by hand or by hand tools rather than by chemical means. Where control of non-native vegetation is required within the bed, bank, or channel of the stream, the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, Permittee shall employ only those herbicides which are approved for aquatic use. If surfactants are required, they shall be restricted to non-ionic chemicals which are approved for aquatic use. 2.12 Hand Tools Defined. Hand tools for this Agreement are described as: shears, clippers, trimmers, and other tools carried into the stream by hand. 2.13 Herbicide Mixing. Herbicide mixing sites shall only be located in areas devoid of vegetation, and where there is no potential of a spill reaching a vegetated area or a stream, for example avoid mixing at a storm water-inlet. .2.14 Herbicide Use in Aquatic Environment. Any herbicide used where there is the possibility that the herbicide could come into direct contact with water shall be approved for use in an aquatic environment. Great care shall be taken to avoid contact with any native vegetation, and it shall only be applied on calm days to prevent airborne transfer of the herbicide. 2.15 Clean All Equipment Before Entering Stream. Permittee shall clean all equipment of soil containing seed and plant material prior to entry into the streambed to prevent the spread of invasive exotic plant species from adjacent areas or other sites where equipment may have been previously used. Wildlife and Habitat Protection 2.16 Encountered Wildlife. If any wildlife is encountered during project activities, the wildlife shall be allowed to leave the construction and/or maintenance area unharmed. If a protected species is observed, Permittee shall stop work and consult with CDFW before proceeding. 2.17 Protected Species. This Agreement does not authorize take, incidental or otherwise, of any protected species. For the purpose of this Agreement, "protected species" means the following: a species fully protected under state law; a candidate species or species listed as threatened or endangered under the California Endangered Species Act (CESA; Fish & G. Code § 2050 et seq.) and/or Endangered Species Act (ESA; 16 U.S.C. § 1531 et seq.); a species identified by CDFW as a species of special concern; or any other species for which take is prohibited under state or federal law. No direct or indirect impacts shall occur to any protected species, except as may be authorized by a Natural DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 6 of 14 Community Conservation Plan or one or more individual permits that authorize such impacts. 2.18 Threatened/Endangered Species Protection Plan. If species listed as Threatened or Endangered under CESA, including: southwestern willow flycatcher; light-footed clapper rail; or least Bell's vireo, is found in the proposed work area, or is in a location which could be directly or indirectly affected by the work proposed, Permittee shall submit a plan to CDFW for review and approval prior to the continuation of work to ensure impacts to the species are avoided. 2.19 Bird Avoidance. To avoid impacts to nesting birds, vegetation management activities adjacent to nesting habitat shall not take place within CDFW jurisdictional habitat from February 1 through August 31, the "restricted work period", unless CDFW agrees to modify the restricted work period. Non-native vegetation may be removed using non-motorized hand tools any time of the year provided that the work complies with all other measures of this Agreement. This Agreement does not authorize the take of any bird nest at any time of year. 2.20 Bat Protection -Bridges. Prior to work commencing near any bridge, the bridge shall be surveyed for bats by a qualified bat biologist. If bats are found work near the bridge operations shall not be initiated. Bats shall not be disturbed without specific notice to and consultation with CDFW. CDFW reserves the right provide additional provisions to this agreement designed to protect nesting/roosting bats. Bat surveys must be conducted within 7 days prior project commencement. Impact minimization measures must be implemented prior to project activities. Biological Resource Monitoring 2.21 Vegetation Monitoring. Prior to each vegetation management or maintenance activity, Permittee shall collect qualitative measurements of the project area including at a minimum: range of vegetation height by habitat type; native vegetation cover by habitat type; and relative non-native vegetation cover. Vegetation monitoring data shall be included in each annual monitoring report when any vegetation management or maintenance activities occur during the given reporting period (see Measure 4.2). 2.22 Wildlife Movement Monitoring. In order to gauge if project activities reduce or impede access of ambulant wildlife to AHLER, Permittee shall install and maintain a minimum of one wildlife camera at or near each of the two bridges (Cannon Road and El Camino Real), equaling a minimum of two cameras, for the duration of this Agreement. Cameras shall be installed and maintained in a manner where images are captured of wildlife entering or exiting each undercrossing. Photo-monitoring and wildlife crossing information shall be monitored for the duration of this Agreement. The data collected shall be provided to CDFW upon request. An analysis of the data collected shall be reported annually as a part of the annual monitoring report (see Measure 4.2). DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 7 of 14 2.23 Sediment Level Monitoring. Prior to initiation of activities authorized by this Agreement, Permittee shall survey current sediment levels within the project area. Once the initial survey is complete, all four bridge pilings will be permanently marked with elevation information. A minimum of four accessible locations within the project area shall be permanently marked with specific elevation information. Permittee shall use repeatable methodology to identify current sediment levels on an annual basis. Sediment levels and methods used to obtain those levels shall be reported in the annual report. Equipment and Access 2.24 No Equipment in Wetted Portion of the Stream. Vehicles shall not be driven or equipment operated in water covered portions of a stream or lake, or where wetland vegetation, riparian vegetation, or aquatic organisms may be destroyed. Erosion and Sedimentation 2.25 Erosion Control Measures. Permittee shall utilize erosion control measures throughout all phases of operation where sediment runoff from exposed slopes threatens to enter the stream. 2.26 Erosion Control Monitoring. Permittee shall monitor erosion control measures before, during, and after each storm event and repair and/or replace ineffective measures immediately. Fill and Spoil 2.27 Stream Materials. Rock, gravel, and/or other materials shall not be imported to, taken from or moved within the bed or banks of the stream except as otherwise addressed in this Agreement. 2.28 Dredging and Sediment Removal. Dredging or sediment removal activities, and associated impacts to fish and wildlife resources, have not been proposed or identified as a part of the project. Dredging or sediment removal activities are not authorized as a part of this Agreement, therefore shall be subject to separate Notification pursuant to FGC section 1600 et seq. 2.29 Deposition of Fill. Depositing fill into the stream is not authorized as a part of this Agreement, therefore shall be subject to separate Notification pursuant to FGC section 1600 et seq. Structures 2.30 Authorized Structures. This Agreement does not authorize the construction of any temporary or permanent dam, structure, flow restriction or fill except as described in Permittee's Notification. DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 8 of 14 Pollution, Litter, and Clean-Up 2.31 Litter and Pollution. Permittee ~hall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the Permittee to ensure compliance. 2.32 Secure Trash Receptacles. Permittee shall use fully covered trash receptacles with secure lids (wildlife proof) to contain all food, food scraps, food wrappers, beverage and other miscellaneous trash. 2.33 Stationary Equipment. Stationary equipment such as motors, pumps, generators, and welders located within or near the stream shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. 2.34 Equipment Maintenance and Fueling. No equipment maintenance or fueling shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas. 2.35 Site Cleanup. When operations are completed, any excess materials or debris shall be removed from the work area. 3. Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. 3.1 Mitigation for Authorized Impacts. Compensatory mitigation is not required as part of this Agreement. Mitigation for the 0.50-acre maintenance area has been successfully mitigated as a part of Streambed Alteration Agreement 1600-2006-0060-R5 for the Agua Hedionda Channel Emergency Dredge Project through the deduction of 0.5 creation/restoration Credit and 0.553 riparian enhancement Credit as defined in the Bank Enabling Instrument for North County Habitat Bank. 3.2 Mitigation for Unauthorized Impacts. Permittee shall mitigate at a minimum 5: 1 ratio for impacts beyond those authorized in this Agreement. In the event that additional mitigation is required, the type of mitigation shall be determined by CDFW, and may include creation, restoration, and/or enhancement. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Notification Prior to Work. Permittee shall notify CDFW, in writing, at least 5 days prior to initiation of each maintenance activity. Notification shall be sent to CDFW's South Coast Office at the address on page 1, ATTN: Streambed DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 9 of 14 Alteration Program -SAA# 1600-2013-0302-RS, or alternatively by electronic mail to R5LSACompliance@wildlife.ca.gov. 4.2 Annual Biological Resource Monitoring Report. Permittee shall submit an annual report to CDFW identifying: dates and types of maintenance accomplished that given year; results of the annual biological resource monitoring data identified in measures 2.21 (Vegetation Monitoring), 2.22 (Wildlife Movement Monitoring), and 2.23 (Sediment Level Monitoring); the general condition of the willow trees not removed within the 0.50-acre maintenance area as a part of the project, and an evaluation of the success or failure of the measures in this Agreement designed to protect the fish and wildlife resources that the project may adversely affect. 4.3 Sensitive Species Observations. Permittee shall be responsible for reporting all observations of threatened /endangered species or species of special concern to CDFW's Natural Diversity Data Base (CNDDB) within 10 days of sighting. The form and instructions for completing the form and submitting the information are available on-line at http://www.wildlife.ca.gov/biogeodata/cnddb/submitting_data _to_cnddb.asp. In addition to sending the information to CNDDB a copy should be sent to CDFW's South Coast Office at the address above, ATTN: Streambed Alteration Program -SAA #1600-2013-0302-RS. CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, email, or to such other address as Permittee or CDFW specifies by written notice to the other. To Permittee: City of Carlsbad Sherri Howard 1635 Faraday Avenue Carlsbad, California 92008 sherri.howard@carlsbadca.gov ToCDFW: California Department of Fish and Wildlife South Coast Region 3883 Ruffin Road San Diego, California 92123 Attn: Lake and Streambed Alteration Program Notification #1600-2013-0302-RS DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 10 of 14 LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone. SUSPENSION AND REVOCATION CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement. Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice. ENFORCEMENT Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from obtaining any other permits or authorizations that might be required under other federal, state, or local laws or regulations before beginning the project or an activity related to it. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the FGC including, but DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 11 of 14 not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. AMENDMENT CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). TRANSFER AND ASSIGNMENT This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with FGC section 1605(b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with FGC 1605(b) through (e). DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 12 of 14 If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (FGC section 1605(f)). EFFECTIVE DATE The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable FGC section 711.4 filing fee listed at http://www.wildlife.ca.gov/habcon/ceqa/ceqa_changes.html. TERM This Agreement shall expire on August 15, 2019, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires. EXHIBITS The documents listed below are included as exhibits to the Agreement and incorporated herein by reference. Exhibit A. Figure 2; Project Boundary AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with FGC section 1602. DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 13 of 14 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR CITY OF CARLSBAD hl4IU.:1 ZttJ/ WI"--{ Sherri Howard Date Title: (\ssoe,i~ ~11JEE2-FOR DEPARTMENT OF FISH AND WILDLIFE tt.,2~ ;jLJOA b Jor Ga· K. S rens Date Environmental Program Manager Prepared August 7, 2014, by Kevin Hupf, Environmental Scientist DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6ENotification #1600-2013-0302-RS Streambed Alteration Agreement Page 14 of 14 ; ll ! ;: i ' I ~, I I ~ 1:1 R 1 • .. " t • a .. A 1 J J G I 0 i I • . ! J . i I a ': 0 DocuSign Envelope ID: 6736894E-28D3-4F31-9C16-0D38D5094A6E State of California -Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE South Coast Region 3883 Ruffin Road San Diego, CA 92123 (858) 467-4201 www.wildlife.ca.gov August 28, 2019 Mr. Daniel Zimny City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, California 92008 Dear Mr. Zimny: GA VIN NEWSOM, Governor CHARLTON H. BONHAM, Director Extension of Lake or Streambed Alteration Agreement, Notification No. 1600- 2013-0302-RS, Agua Hedionda Vegetation Maintenance Project The California Department of Fish and Wildlife (Department) received your request to extend Lake or Streambed Alteration Agreement (Agreement) and extension fee, for the above referenced agreement. The Department hereby grants your request to extend the Agreement expiration from August 15, 2019 to August 15, 2024. All other conditions in the original Agreement remain in effect. Copies of the original Agreement and this letter must be readily available at project worksites and must be presented when requested by a Department representative or other agency with inspection authority. If you have any questions regarding this letter, please contact Kelly Fisher at (858) 467- 4207 or kelly.fisher@wildlife.ca.gov. Gail K. Sevrens Environmental Program Manager Conserving Ca{ifornia's WiU{ife Since 1870 ACORD® I ~ I ..__ D □ ..__ ..__ R □ □ ..__ ..__ ~ ..__ '-- ..__ '-- '--H I I I I I □ I I POLICY NUMBER: ISA H25549211 76 Endorsement Number: 136 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are •insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: AECOM Endorsement Effective Date: Name Of Person(s) Or Organlzatlon(s): SCHEDULE Any person or organization whom you have agreed to provide additional insured status or additional insured status on a primary, non-contributory basis, underwritten contract, provided such contract was executed prior to the date of loss, except where such contract is prohibited bv law Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II-Covered Autos Liability Coverage in the Business Auto and Motor carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of1 POLICY NUMBER: HOO G72486304 17 Endorsement Number: 518 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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 PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Carlsbad/CMWD, 1635 Faraday Avenue, RE: Project: Agua Hendionda Channel Maintenance Carlsbad, CA 92008 Environmental Monitoring Services; PSA22- 1590TRAN 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. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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 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. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: HOO G72486304 Endorsement Number: 517 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Carlsbad/CMWD, 1635 Faraday Avenue, RE: Project: Agua Hendionda Channel Maintenance Carlsbad, CA 92008 Environmental Monitoring Services; PSA22- 1590TRAN 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" 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". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 3712 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number AECOM 999 TOWN & COUNTRY ROAD Policy Number ORANGE CA 92868 Symbol: WLR Number: C67805987 Policy Period Effective Date of Endorsement 04-01-2021 TO 04-01-2022 09-07-2021 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( X ) Specific Waiver Name of person or organization: CITY OF CARLSBAD/CMWD, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: RE: PROJECT: AGUA HENDIONDA CHANNEL MAINTENANCE ENVIRONMENTAL MONITORING SERVICES; PSA22-1590TRAN 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium : INCLUDED ~ Authorized Representative WC 90 03 75 (05/18)