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HomeMy WebLinkAboutAECOM Technical Services Inc; 2024-07-22; PSA24-3455TRANPSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 1 AGREEMENT FOR AGUA HEDIONDA CHANNEL MAINTENANCE ENVIRONMENTAL PERMITTING & MONITORING SERVICES AECOM TECHNICAL SERVICES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and AECOM Technical Services, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in environmental permitting and monitoring. B. Contractor has the necessary experience in providing professional services and advice related to environmental permitting and monitoring. 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. City and Contractor may at any time by written agreement make changes in the Services, project schedule, and compensation, including, without limitation, equitable adjustments in the event of any changes or modifications in the scope of Services or the manner or method of performance of the Services from that specified in the Agreement. City and Contractor shall effect such change through a written amendment signed by both parties. 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 one (1) year(s) from the date first above written. 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. TIME Time is a material element each and every provision of this Agreement. Neither Contractor nor the City shall be responsible for a delay or disruption in, or inability to provide its respective performance under this Agreement if such delay is caused by events or contingencies, existing or future, beyond the reasonable control of the claiming party, including acts of God, fire, flood, extraordinary weather conditions, natural catastrophes, unanticipated or differing site conditions, explosion, war, civil unrest, terrorism, sabotage, computer viruses, pandemics, epidemics, health emergencies, strikes, lockouts, Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC July 22nd PSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 2 industrial disturbances, changes in law or regulations, requests, acts, or intervention of governmental agencies or authorities, court orders, labor relations, or the inability to obtain materials, equipment, fuel, or transportation (“Force Majeure Event”). Contractor may be entitled to a change in the scope of Services, compensation, and/or the project schedule to the extent a Force Majeure Event results in any increase in the time or costs necessary to perform the Services under this Agreement, subject to final approval by the City. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty thousand one hundred twenty-four dollars ($40,124). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. 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. Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC PSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 3 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. 8. 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including reasonable 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. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 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. 11. 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 Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC PSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 4 connection with performance of the services by Contractor or Contractor’s agents, representatives, employees. 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. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and limits indicated below, unless Risk Manager or City Manager approves a lower amount. These 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured on the insurance for which additional insureds are required under this Agreement. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits $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. 11.1.2 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. 11.1.3 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. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of $1,000,000 per claim and in the aggregate. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. 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. Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC PSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 5 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, to review certified copies of any or all required insurance policies and endorsements, redacted to remove confidential and proprietary information of Contractor. 12. 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. 13. 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 four (4) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City upon payment in full by City to Contractor for the Services. 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. City shall furnish all information and technical data in its possession or under its control reasonably required for Contractor's proper performance of the Services prior to Contractor’s commencement of the Services and at such other times as City and Contractor mutually agree. Contractor is entitled to reasonably rely upon the accuracy and completeness of information and data provided by City. 15. 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. 16. 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: Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC PSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 6 For City For Contractor Name Jason Evans Name Aaron Andrews Title Associate Engineer Title Restoration Ecologist/Project Manager Department Public Works Address 401 West A Street, Suite 120 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. 442-235-0348 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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ 18. 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. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. 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. Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC PSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 7 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. 22. 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. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering 30 (30) days written notice to City. In the event of termination of this Agreement by either party 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. Contractor shall be permitted to terminate this Agreement if City commits a material breach of the Agreement, including failure to make payment to Contractor in accordance with this Agreement, and City does not cure such breach within fourteen (14) days of receipt of written notice from Contractor. 23. 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. 24. 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 Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC PSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 8 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. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. 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. 26. 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. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 28. 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. This Agreement may be executed in counterparts. 29. 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. 30. PRE-EXISTING CONDITIONS Nothing in this Agreement shall be construed or interpreted as requiring Contractor to assume the status of, and City acknowledges that Contractor does not act in the capacity nor assume the status of, Client or others as a “generator,” “owner,” “operator,” “transporter,” “disposer,” or “arranger” in the treatment, storage, disposal, or transportation of any hazardous substance or waste as those terms are understood within the meaning of the Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, or any other similar federal, state, or local law, regulation, or ordinance. City acknowledges that Contractor has neither created nor contributed to the creation or existence of any air, subsurface, ground, or other environmental hazards, contamination, or pollution or the presence of toxic or hazardous substances or materials, whether latent or patent, or the release Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC PSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 9 thereof at any property or site on which Services are performed that occurred prior to the date on which performance of Services under this Agreement commenced. Executed by Contractor this___________ day of _______________________, 2024. 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: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC 21st June PSA24-3455TRAN City Attorney Approved Version 5/22/2024 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC May 15, 2024 Mr. Jason Evans 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: Proposal for Preparation and Delivery of a CDFW Long-Term Stream Alteration Agreement for Agua Hedionda Creek Vegetation Maintenance and Three Months of Wildlife Camera Monitoring and Data Analysis Mr. Jason Evans: AECOM Technical Services, Inc. (AECOM) is committed to working with the City of Carlsbad (City) for continued support of the Agua Hedionda Creek Channel Vegetation Maintenance Project (Project). AECOM has supported the Project since 2019, including preparation of the Vegetation Maintenance Plan, City of Carlsbad, Agua Hedionda Creek (between Cannon Road and El Camino Real Bridges), Carlsbad, California 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, and by providing biological monitoring services during vegetation maintenance activities for the Project. 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). This proposal is provided in response to a request by the City of Carlsbad to prepare a new long-term California Department of Fish and Wildlife (CDFW) Stream Alteration Agreement (SAA) for Agua Hedionda Creek Maintenance (between Cannon Road and El Camino Real Bridges), following expiration of the current SAA in August 2024. In addition to preparing a new SAA, this proposal includes maintenance and data analysis for two wildlife cameras that the City has installed under the Cannon Road Bridge. The proposed scope of work, including assumptions, and a fee estimate are described in detail below. Scope of Work Task 1 - Project Management The AECOM project management team will track the project budget, coordinate with the project team, and provide client support and communication about project status through monthly meetings and progress reports for a period of twelve months. The project manager will be available to answer client questions and coordinate with the client and project team. The project will be invoiced monthly, and the associated progress report will be provided with each invoice. Assumptions: • The contract period is May 15, 2024 through August 15, 2024 (3 months). • Remote meetings will be conducted using Microsoft Teams or Zoom (no in-person meetings). • This task will be conducted for the duration of the project. Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC AECOM Imagine it. Delivered. aecom.com 2/3 • The AECOM project manager and permit specialist will participate in a kickoff meeting at the start of the project and two additional 1-hour meetings (remote) for the duration of the project. For each meeting, the AECOM project manager will provide the meeting agenda and meeting notes. • The AECOM project manager will provide monthly progress reports that summarize upcoming work, topics for discussion, and budget status. Task 2 - Preparation of a New California Department of Fish and Wildlife (CDFW) Stream Alteration Agreement (SAA) The previous SAA prepared in 2013 will be used as a baseline for preparation and submittal of a new long-term SAA for routine maintenance in Agua Hedionda Creek between Cannon Road and El Camino Real Bridges. Assumptions: • Three total meetings are included in this task. These meetings will be held via Teams or Zoom. o One meeting with AECOM and the City. o Two meetings with CDFW, the City and AECOM. • Each meeting will be up to 2 hours including time to prepare an agenda . • The AECOM project biologist and a permit specialist will attend each meeting. • The Draft SAA will be prepared, reviewed, and delivered to the City for review. • The preparation of the Draft SAA will not require field surveys or technical reports. • The Final SAA will be prepared, reviewed, and delivered to the City for review. • One round of comments from the City if planned for each version of the SAA. • One round of comments from CDFW is planned for on the final version of the SAA. • A GIS specialist will prepare figures for the SAA. • Associated fees for payment of the SAA and annual maintenance activities are not included and will be paid to CDFW by the City. • The actual term of the SAA for long-term routine maintenance will be determined through consultation with CDFW. • It is assumed that no additional detailed information or analysis will be needed to support the preparation of the long-term SAA application. • If CDFW does not agree to a SAA for long-term routine maintenance, a 5-year SAA may be prepared instead of a long-term SAA within the same scope and fee (all assumptions above apply). Deliverable: • A draft and final CDFW Stream Alteration Agreement. Task 3 - Wildlife Movement Monitoring AECOM will maintain existing wildlife movement cameras and analyze captured data and provide the results for three months detected at the camera locations in the annual report. AECOM anticipates information provided will include at a minimum the species detected and the date, time and location of detection. Assumptions: • The cameras will be checked for functionality and data downloaded by a single biologist. • Photographic data will be analyzed and summarized in an excel table each quarter. • Review of the summary table by the City will be included as part of the annual report review no costs are associated with preparation of the main body of the annual report in this scope of work. • Replacement of camera batteries for each camera will occur once. • Replacement of memory cards is included one time for each camera. • Replacement of each camera is included up to one time. • Replacement of batteries and/or memory card will be at the time of data download. Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC AECOM Imagine it. Delivered. aecom.com 3/3 • If necessary, replacement of cameras may be conducted one time. Deliverable: • A summary table will be prepared for the project annual report once the regular fall maintenance activities are completed. Fee Estimate The total fee for services is $40,123.76. A tabular summary of costs 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. The rates proposed for this Purchase Order follow our rates of the current Purchase Order P138261. The rates are included as Attachment A. This proposal is contingent on mutually agreeable terms and conditions. Table 1. Fee Estimate by Task Task Labor Fee Other Direct Costs Total Task 1. Project Management $ 6,410.44 $ - $ 6,410.44 Task 2. CDFW SAA $ 19,621.12 $ - $ 19,621.12 Task 3. Wildlife Movement Monitoring $ 12,772.20 $ 1,320.00 $ 14,092.20 TOTAL $ 40,123.76 This proposal is contingent upon issuance of a contract between AECOM and the City with mutually agreeable terms and conditions. We value our relationship with the City and appreciate the opportunity to continue supporting the Project. Please contact me at 619-357-5336 or aaron.andrews@aecom.com if you have any questions. Sincerely, Aaron Andrews Lindsey Cavallaro Restoration Ecologist Vice President Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC A ~,-,01AJI lma_gine it. ~\i,,1 J~I Delivered. 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: F47A17D2-D127-49FA-8078-041D08FFFFEC 04/01/2024 X A 4,000,000 SCF C50718852 (WI Retro) 22667 EON G21654693 005 A 1,000,000 04/01/2025 X Illinois Union Insurance Co ARCHITECTS & ENG. CN101348564-STND-GAUE-24-25 2,000,000 N/A Marsh | U.S. Operations 04/01/2025 LOS-002764299-02 04/01/2024 X 4,000,000 06/04/2024 contract with respect to GL, AL and WC. 212-948-0533 04/01/2025 PROFESSIONAL LIAB. 2024 2,000,000 06 Defense Included 2,000,000 2,000,000 A LosAngeles.CertRequest@marsh.com 04/01/2025 04/01/2024 04/01/2024 27960 ISA H1073888A Per Claim/Agg 5,000 WLR C50718748 (AOS) "CLAIMS MADE" 2,000,000 City of Carlsbad, it's parent company, and their respective subsidiaries, officers, directors, stockholders, employees, agents, representatives, and assigns, its subsidiaries and Affiliates are named as additional insured for GL & AL coverages, but only as respects work performed by or on behalf of the named insured and where required by written contract. Waiver of Subrogation is applicable where required by written Re: PSA24-3455TRAN; Project Name: AGUA HEDIONDA CHANNEL MAINTENANCE ENVIRONMENTAL PERMITTING & MONITORING SERVICES AECOM Technical Services, Inc. AECOM San Diego, CA 92101 401 West A Street Suite 1200 2,000,000 ACE American Insurance Company X CA License #0437153 Marsh Risk & Insurance Services Los Angeles, CA 90071 633 W. Fifth Street, Suite 1200 Attn: LosAngeles.CertRequest@Marsh.Com HDO G47343045 N/A N Carlsbad, CA 92008 City of Carlsbad 1635 Faraday Ave 04/01/2024 A 4,000,000 866-966-4664 X C 04/01/2025 Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: wgN:o Extl: I FAX IA/C Nol: E•MAIL ADDRESS: INSURERISl AFFORDING COVERAGE NAIC# INSURER A : INSURED INSURERB: INSURERC: INSURERD: INSURERE : INSURERF: COVERAGES CERTIFICATE NUMBER: 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 ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE ,.,c:n wvn POLICY NUMBER IMMIDD/YYYYI IMMIDD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ □ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence) $ ~ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl □PRO· D Loc PRODUCTS • COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY fE~~~~d~~tf lNGLE LIMIT $ ~ ANY AUTO BODILY INJURY (Per person) $ ~ OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY ~ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident) ~ ~ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ ~ EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH• AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I 11tMa4 ~~ & 1~ Se!Uli«4 © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Marsh Risk & Insurance Services provide 30 days notice of cancellation to those Certificate Holders that require it by written contract. If the insurer for the General Liability, Automobile Liability, or Workers Compensation policy cancels its policy for any reason other than for non-payment of premium, the insurer will AECOM Technical Services, Inc. AECOM 401 West A Street Suite 1200 San Diego, CA 92101 Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC AGENCY CUSTOMER ID: CN101348564 ------------------LO C #: Los Angeles ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED POLICY NUMBER CARRIER I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC POLICY NUMBER: ISA H1073888A 1 Endorsement Number: 1 COMMERCIAL AUTO CA 20 4810 13 THIS ENDORSEM ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED A UTOS LIAB IL ITY 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: SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract or provided such contract was executed prior to the date of loss 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. CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC POLICY NUMBER: ISA H1073888A 1 Endorsement Number: 11 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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 the endorsement. 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: SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC POLICY NUMBER: HOO G47343045 1 Endorsement Number: 17 COMMERCIAL GENERAL LIABILITY CG 24 0412 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s):Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. 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 against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 0412 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Docusign Envelope ID: F47A17D2-D127-49FA-8078-041D08FFFFEC 'Will Pl!~ .pn behalf ti .lhtt :•diJlonaf i~"9d --amount of insurance: 1. Requi~ by fhe contract or agreem,nt; or l. Aval~, under 1hff applicable llml(s Qt insurance; whichever Is less. This endorsement shall not Increase fhe applicable: limits of Insurance. @.1nsuranceservteesomcre.1m,, 201& CGID101219