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HomeMy WebLinkAboutAECOM Technical Services Inc; 2024-10-10; PSA25-3586TRANPSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 1 AGREEMENT FOR BIOLOGICAL MONITORING & REPORTING FOR AGUA HEDIONDA CREEK CHANNEL MAINTENANCE 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 biological monitoring and reporting to jurisdictional agencies. B. Contractor has the necessary experience in providing professional services and advice related to biological monitoring and reporting to jurisdictional agencies. 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 hundred (300) working days 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 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-eight thousand three hundred thirty-five dollars ($28,335). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed fifteen thousand dollars ($15,000) per Agreement year. 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: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 10th October PSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 2 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. 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. Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 PSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 3 8. 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. 9. 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. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. 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 attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 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 Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 PSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 4 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. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 12.1.1 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. 12.1.2 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. 12.1.3 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. 12.1.4 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. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 PSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 5 12.2.3 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. 12.2.4 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 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. 12.5 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 PSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 6 For City For Contractor Name Jason Evans Name Aaron Andrews Title Associate Engineer Title Senior Restoration Ecologist Department Public Works Address 401 West A Street,Suite 1200 City of Carlsbad San Diego, CA 92101 Address 1635 Faraday Ave Phone No. 619-357-6336 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. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. 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. 20. 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 Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 PSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 7 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. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. 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. 23. 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (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. 24. 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. Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 PSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 8 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. [signatures on following page] Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 PSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 9 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) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy City Clerk (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: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 PSA25-3586TRAN City Attorney Approved Version 5/22/2024 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 September 9, 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 1200 San Diego, CA 92101 aecom.com Subject: Scope of Work and Cost Proposal for Biological Monitoring Associated with the Agua Hedionda Creek Channel Vegetation Maintenance Project (September 2024 through September 2025) Mr. Jason Evans: AECOM Technical Services, Inc. (AECOM) is committed to working with the City of Carlsbad (City) to conduct biological monitoring associated with implementation of the Agua Hedionda Creek Channel Vegetation Maintenance Project (Figure 1). AECOM has provided biological services for this project since 2014 and is 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). AECOM is currently working with the City and California Department of Fish and Wildlife (CDFW) to obtain a new Lake and Streambed Alteration Agreement for Routine Maintenance (LSA) for this project. This proposal assumes that the new LSA will require a similar level of effort and requirements. This new proposal is being written in response to a request by the City of Carlsbad to provide monitoring and reporting for up to three vegetation maintenance events between September 15, 2024 and September 14, 2025. The proposed scope of work, including assumptions, and a fee estimate are described in detail below. A follow on proposal will be prepared for an additional four years of monitoring and reporting once the LSA has been approved by CDFW. 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 meetings and progress reports for a period of one year. 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 anticipated to be September 15, 2024 through September 14, 2025. • One on-site meeting will be conducted by the project manager and the biologist as well as the City prior to the first maintenance event. • Remote meetings will be conducted using Microsoft Teams or Zoom. • This task will be conducted for the duration of the project. • The AECOM project manager will provide monthly progress reports that summarize upcoming work, topics for discussion, and budget status. Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 AECOM Imagine it. Delivered. Figure 1 Agua Hedionda Creek Channel Vegetation Maintenance Project Path: \\na.aecomnet.com\lfs\AMER\SanDiego-USSDG1\DCS\Projects\ENV\60735131_Agua_Hedionda_Channel_SAA\900_CAD_GIS\920_GIS\02_Maps\02_Report_Maps\Proposal_2024\VegMaintenanceAreas_Proposal20240904.mxd, 9/4/2024, AugelloP 50 500 FeetIScale 1:600;1 inch = 50 feet !\ Project Boundary 50-foot Noise Buffer Channel Vegetation Maintenance Area - 0.5 acres LEGEND Source: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., OpenStreetMap contributors, and the GIS User Community© 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS; Brown and Caldwell 2006; SanGIS 2012 Co s t Pr o p o s a l f o r B i o l o g i c a l M o n i t o r i n g As s o c i a t e d w i t h t h e Ag u a H e d i o n d a Cr e e k C h a n n e l Ve g e t a t i on Ma i n t e n a n c e P r o j e c t Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 V \_Existi • aecom.com 3/4 Task 2 – Vegetation Maintenance Biological Monitoring A "pre-maintenance" survey will be conducted by a restoration ecologist or biologist on a single day prior to each vegetation maintenance event. Prior to the first maintenance event the 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). 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 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. Biological monitoring and maintenance will be pursuant to the requirements of the LSA. 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 maintenance events (Figure 1). Vegetation maintenance will be conducted by another contractor under a separate contract up to three times and is anticipated to take no more than five days total. Vegetation maintenance will be conducted outside of the avian breeding season, between the end of September, and February 15. At the beginning of each vegetation maintenance 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 to inform the on-site personnel about the potential biological resources associated with the project site and explain the project limits. The biologist will be present during vegetation maintenance activities to ensure that these activities are confined to the project limits and to verify compliance with the LSA. 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 LSA. In association with the annual vegetation maintenance activities the biologist will survey the project site for invasive and nonnative plant species and direct the maintenance crew to remove these species during vegetation maintenance, if found. AECOM will maintain existing wildlife movement cameras and analyze captured data and provide the results 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: • A pre-maintenance bat survey is not included as bats were found under El Camino real bridge is 2014 and have been present for the past ten years. • Precautionary measures for the protection of bats described in 2014 will be followed during all maintenance events. • Pre-maintenance surveys will be conducted within a four hour period. • Biological monitoring during maintenance events will be up to nine hours per day. • Maintenance events will be conducted up to three times between September 30, 2024 and February 15, 2025. • The cameras will be checked for functionality and data downloaded by a single biologist quarterly. • 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. • Replacement of camera batteries for each camera will occur up to two times. • Replacement of batteries will be at the time of data download. • Replacement of cameras may be conducted one time. Deliverables: A pre-maintenance notification will be provided to the CDFW 7 days prior to the start of each vegetation maintenance event. Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 AECOM Imagine it. Delivered. aecom.com 4/4 A daily observation report (DOR) will be provided to the City of Carlsbad via electronic mail following each day that work is performed. Task 3 – Reporting Following the completion of the final round of vegetation maintenance each year, the biologist will prepare a monitoring letter report summarizing the annual maintenance efforts. The letter will be prepared in April and will include the dates of maintenance activities, the height of vegetation prior to maintenance, 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 since). Assumptions: • One round of comments from the City are included for each annual report. • Once approved by the City the annual report will be provided to CDFW in accordance with the LSA. Deliverable: An annual report will be submitted to the City of Carlsbad in April 2025. Fee Estimate The total fee for services is $28,335. A tabular summary of costs for one 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 are included as Attachment A. Table 1. Fee Estimate by Year and Task Task 1. Project Management Task 2. Vegetation Maintenance Monitoring Task 3. Reporting TOTAL $7,218.00 $16,937.00 $4,180.00 $28,335.00 All ODCs are included in the fee by task. We look forward to continuing to partner with you on this important project. Please contact me at aaron.andrews@aecom.com or 619.610.7600 if you have any questions. Sincerely, Aaron Andrews Jacqueline Saladé Senior Restoration Ecologist Natural Resources Leader, Authorized Signatory Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 A ~,-,01AJI lma_gine it. ~\i,,1 J~I Delivered. Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 ~ I ACORD® ~ I ~ □ □ ~ ~ R □ □ ~ ~ - ~ ~ ~ ~ ~ H I I I I I □ I Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 I Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 POLICY NUMBER: ISA H1073888A 1 Endorsement Number: 1 COMMERCIAL AUTO CA 20 4810 13 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: 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: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 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: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 POLICY NUMBER: HOO G47343045 1 Endorsement Number: 17 COMMERCIAL GENERAL LIABILITY CG 24 041219 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: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 POLICY NUMBER: HDO G4 7343045 Endorsement Number: ACM-29 COMMERCIAL GENERAL LIABILITY CG20101219 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) Locationfs) Of Covered Operations Or Oraanizationlsl City of Carlsbad, its parent company, and their respective subsidiaries, All locations where you are performing officers, directors, stockholders, employees, agents, representatives, and assigns, its subsidiaries and Affiliates ongoing operations for such additional PSA24-3455TRAN; Project Name: AGUA HEDIONDA CHANNEL insured pursuant to any such written MAINTENANCE ENVIRONMENTAL PERMITTING & MONITORING contract. SERVICES Information reauired to comolete 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 CG20101219 © Insurance Services Office, Inc., 2018 Page 1 of2 Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 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 CG20101219 Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 POLICY NUMBER: HDO G47343045 Endorsement Number: ACM-30 COMMERCIAL GENERAL LIABILITY CG 20 371219 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 Oraanization(sl Location And DescriDtion Of ComDleted Ooarations City of Carlsbad , its parent company, and All locations where you perform work for their respective subsidiaries, officers, such additional insured pursuant to any such directors, stockholders, employees, agents, written contract. representatives, and assigns, its subsidiaries and Affiliates PSA24-3455TRAN; Project Name: AGUA HEDIONDA CHANNEL MAINTENANCE ENVIRONMENTAL PERMITTING & MONITORING SERVICES 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. CG20 371219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Docusign Envelope ID: 486409F5-2A38-4FBD-B708-8BE3EA169BB0 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number AECOM AC M-05 999 W. TOWN & COUNTRY ROAD 3RD FL Policy Number ORANGE CA 92868 Symbol: WLR Number: C50718748 Policy Period Effective Date of Endorsement 04--01-2024 TO 04-01-2025 04-01-2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder or the inronmation is to be oompleted only when this endorsement is issued subsequent to the preparation or the policy. This endorsement changes the policy to which it is attached end is effective on the date issued unless otherwise stated. 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 City of Carlsbad, its parent company, and their respective subsidiaries, Name of person or organization: officers, directors, stockholders, employees, agents, representatives, and assigns, its subsidiaries and Affiliates ( ) Blanket Waiver PSA24-3455TRAN; Project Name: AGUA HEDIONDA CHANNEL MAINTENANCE ENVIRONMENTAL PERMITTING & MONITORING SERVICES Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL OPERATIONS CONDUCTED BY AN INSURED PURSUANT TO SUCH WRITTEN CONTRACT 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)