Midpeninsula Regional Open Space District Request for Proposals & Qualifications

MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUEST FOR PROPOSALS & QUALIFICATIONS

October 15, 2016

INVITATION

The Midpeninsula Regional Open Space District (District) is pleased to announce the opportunity to provide On-call Biological Survey and Monitoring Services for project work within the Midpeninsula Regional Open Space District. Project locations are anticipated to be primarily within San Mateo and Santa Clara counties within existing District Open Space Preserves, at potential new property sites, or at District field or administrative offices (See Attachment 1).

The District is seeking qualified, licensed professionals in the following category:  Biological Consulting Services/On-call Biological Survey and Monitoring Services

About the Midpeninsula Regional Open Space District The District is a public agency that owns and manages over 63,000 acres of land in 26 open space preserves. The District’s boundary includes portions of San Mateo, Santa Clara, and Santa Cruz counties within the Santa Cruz Mountains (attachment 1). These areas are managed by the District to preserve a regional greenbelt, protect and restore the environment, and to provide opportunities for ecologically sensitive public access and education. Public recreational use of the Preserves is primarily trail use by hikers, mountain bicyclists, equestrians, and dog walkers. The District leases land for conservation grazing on approximately 10,800 acres as a tool to manage habitat on portions of several preserves. Please visit www.openspace.org for more information about the District.

PROJECT DESCRIPTION

Objective: This Request for Proposals and Qualifications (RFPQ) is being widely distributed to attract a diverse group of firms that are most suited to performing work for the District in the professional service category indicated above. The District is seeking firms who are known for their quality of work and cost effectiveness. It is preferable that firms have successfully completed similar projects for similar entities within similar geographic settings.

Project Opportunities: The District has upcoming projects for which biological consulting services are needed that require more staff time or expertise than are currently available to handle the workload. Through this RFPQ process, the District seeks to engage the services of consulting firms having the skills to assist with biological monitoring, biological surveys, biological research, hydrological surveys, GIS mapping and analysis, CEQA review and drafting of biological recommendations, plant and animal pathogen surveys, preparation of biological reports, and biotic assessments. It is not necessary for an applying firm to be able to perform all of the requested services. Applicants may select to provide as few as one to all of the abovementioned services and as few as one to many different species per biological survey service (details provided below). \\FILESERV\NaturalResources\NR_Projects\a_Multi_Preserve_Projects\Current Projects\BIO_Oncall_consulting\RFPQ\2016\2016_Bio_on_Call_RFPQ_Final.docx

The District will compile a list of the most qualified proposers to provide on-call services for an initial contract term of two (2) years with the option for the District in its sole discretion to extend the term for up to two (2) additional years. The number of firms selected will be dependent on the quality, and number of proposals received during this RFPQ process and will range from zero (0) to three (3) total firms with the potential for more if additional firms are deemed highly qualified. These firms will work primarily with one District project lead, per work order, under the guidance of senior staff to accomplish projects similar to those listed below.

The following list includes examples of past projects completed by biological on call consultants, as well as potential future projects. Future work will be similar but not limited to these types of projects.

1. Dewatering and Biological Monitoring, Pond DR05 Restoration, La Honda Creek OSP Budget: $13,100 Schedule: August 15th-October 31th, 2014 Perform dewatering of a cattle stock pond that is habitat for California red-legged frog to eradicate invasive fish species (bass) and to prepare for and monitor pond reconstruction.

2. Biological Monitoring of cattle infrastructure installation, Russian Ridge OSP Budget: $12,200 for 1-3 weeks of biological monitoring Schedule: Fall 2014/Winter 2015 Provide Biological awareness training to construction contractor and perform biological monitoring during installation of a new water system on Mindego Ranch. Contractor will need to have experience working with San Francisco garter snake and California red-legged frog.

3. Biological Monitoring during building demolition, Mindego Ranch, Russian Ridge OSP Budget: Total cost $36,342 for 3 weeks of survey and biological monitoring Schedule: Fall/Winter 2014/2015 Provide biological surveys of a former ranch complex (including two houses, garage, barn, outbuildings, and corral area) prior to and during demolition/remediation as required.

4. Bear Creek Redwoods Integrated Pest Management Plan: Bear Creek Redwoods OSP Budget: $25,000 Schedule: Fall 2015/Winter 2016

Develop an Integrated Pest Plant Management plan for the prevention, detection, and control of priority invasive plant species. Provide guidelines for the control of invasive plants and the restoration of native plant communities in priority management areas of the preserve. Development of this plan requires the mapping of the distribution of invasive plant species.

5.) Wildlife Friendly Spring Development Specifications: District Wide Budget: Not to exceed $6,000 Schedule: Summer/Fall 2016 \\FILESERV\NaturalResources\NR_Projects\a_Multi_Preserve_Projects\Current Projects\BIO_Oncall_consulting\RFPQ\2016\2016_Bio_on_Call_RFPQ_Final.docx

Research existing design specification to install or modify existing spring boxes, stand pipes, or other spring development structure to allow for safe continued or future use by wildlife. The primary target species is California red-legged frog (CRLF). Provide design specifications to be adopted for District use when developing new springs or modifying existing springs.

6.) Pre-Demolition Chiroptera (Bat) Survey and Exclusion La Honda Creek OSP Budget: $11,800 Schedule: May 2015

Survey for multiple bat species using active survey techniques (searching for evidence of bat presence such as guano, mist netting and visual encounters) and passive acoustic monitoring techniques. Recommend appropriate exclusion techniques to ensure no bat species are harmed during the demolition process.

7.) Other projects Opportunities may arise to work as an on-call biological consultant on other projects as needed at the District’s discretion. Typical District projects include the following, not in any order of significance:

 Biological Monitoring- During construction, maintenance, remodeling and demolition of bridges, puncheons, residential structures, offices, outbuildings, staging areas, restroom facilities, earthen dams/berms, roads and trails or other natural resource facilities and other structures as needed. Biological Monitoring for the following species is the most common: California red-legged frog, San Francisco garter snake, Western pond turtle, nesting birds, San Francisco dusky footed woodrat, bat species, other listed species and/or species of special concern.  Biological Surveys and Assessments- associated with new property acquisitions, preconstruction surveys, or ongoing inventory and monitoring of District resources. Surveys for the following species are the most common: nesting birds (including marbled murrelet), bats, rare plants, California red-legged frog, San Francisco garter snake, Western pond turtle, other listed species and or species of special concern.  Capture and relocation, or exclusion of protected species- associated with capital improvement projects where habitat is being permanently modified and as required by CEQA mitigation or a regulatory agency. Capture and relocation or exclusion of the following species is the most common: California red-legged frog, Western pond turtle, San Francisco dusky footed woodrat, bat species.  Hydrological assessments: Wetland delineations, cross section surveys, installation of staff gages and bathometric surveys of water bodies such as ponds may be periodically required by the District.  Administration – CEQA review and development of biological recommendations, literature review and document preparation, report generation, GIS mapping and analysis, responding to regulatory agency comments, developing mitigation for impacts to biological species, documenting species observations on District lands and submitting CNDDB or other records on behalf of the District. It is preferred that all special status \\FILESERV\NaturalResources\NR_Projects\a_Multi_Preserve_Projects\Current Projects\BIO_Oncall_consulting\RFPQ\2016\2016_Bio_on_Call_RFPQ_Final.docx species (attachment 3) observations that take place during on-call work be mapped and provided to the District in the form of a GIS data layer. An existing special status species layer will be provided to consultants upon receiving a work order. This layer shall be edited, to include new observations, and returned to the District upon completion of the work order.

Project Locations Project locations are primarily remote, often difficult to access sites within San Mateo and Santa Clara counties. Projects sites may include any existing District Open Space Preserves, potential new property sites, or District field or administrative offices (Attachment 1). Access to project sites often requires the use of a four-wheel drive vehicle, trained driver, and hiking over rough uneven terrain. Project hazards may include stinging insects, venomous animals, weather extremes (rain, snow, sleet, heat etc.) Driving access to the Preserves is over windy, narrow access roads that require significant time to travel, adding increased travel time to and from project sites. Some species or site specific surveys will require the use of specialized equipment and protocols, such as waders, dip nets, decontamination of gear, species specific methodologies and/or traps, rain gear, snake gaiters etc.

Project Scope of Work The District will develop individual scopes of work on a project by project basis. Individual scopes of work will then be offered to the best qualified firm selected for each particular project. If two or more firms are similarly qualified individual scopes of work may be offered on an alternating basis.

SUBMISSION REQUIREMENTS Proposals and qualifications received will be reviewed for their completeness, attention to detail, content, qualifications, cost effectiveness, and overall presentation. The goal for each firm should be to prepare a proposal that is comprehensive. The proposal should describe how the proposing firm is specially qualified to perform the type of work cost effectively and at an acceptable scale for the setting.

Interested firms should submit the following: 1.) Desired On-Call Services Checklist Please review the enclosed desired on-call services checklist (Attachment 2) and indicate the oncall services for which your firm would like to be considered. Indicate your firms desire to be considered for each service by placing a checkmark in the adjoining field. For each selected category that includes species your firm must complete the species list for that category in Attachment 3. Each firm may select as few as one to as many as all services. Selecting more, or fewer, services will have no impact on the District’s selection of on call consultants.

2.) Project Team Composition and Structure (*Please limit to one double-sided page) Provide an organizational chart, including a description of the probable work team including the names and roles of the key personnel assigned and any sub-consultants. Include all key project team members and explain their roles and responsibilities. Identify the project team leader who is

\\FILESERV\NaturalResources\NR_Projects\a_Multi_Preserve_Projects\Current Projects\BIO_Oncall_consulting\RFPQ\2016\2016_Bio_on_Call_RFPQ_Final.docx the primary contact for day to day correspondence with the District. This item should be no more than one-page total.

3.) Resumes (Please limit to one double-sided page per team member) For each team member please provide a resume including the items listed below.

a) Professional Qualifications Individuals shall provide any permits, licenses, professional memberships, awards, offices held, etc., which make your firm uniquely qualified to be considered for projects requiring biological consulting services.

b) Educational Experience Indicate degrees obtained, date obtained and from what institutions. Please indicate relevant coursework and/or projects, and any awards or scholarships.

c) Relevant Work Experience Please indicate previous employers, positions held, years at each position, prior projects, project locations, and project ownership. Indicate experience that most closely aligns with the District’s anticipated and unanticipated projects. For each project submitted please include the following:  Identify the relevant professional services  Descriptive information such as the character of the project  Estimated dollar amount of the total project  Percentage of total dollar amount of your firm’s involvement in the overall project  Client (and name and contact information for reference purposes)  Location of the project  Scope of the firm’s involvement (identify project manager and/or other roles held by your firm, timeframe of the project, deliverables produced, etc.)  Completion date of the project  List target and encountered species and any role your firm played in identifying, handling, relocating, documenting, or reporting each species.

d) References Provide a list of at least three current references that have relevant knowledge concerning the person’s individual or firm’s ability to work on similar projects, including names, affiliations, addresses, and current telephone numbers. At least two references should be a person at an agency or entity outside of the person’s current employer. For the firm’s primary contact, please provide references that can attest to the primary contact person’s ability to manage similar projects and communicate effectively with their clients as well as the ability of field staff to provide the services for which the firm has indicated they wish to be considered. Please indicate any specific projects or species for which each person is a reference.

4.) Sensitive Status Species and Invasive Plant Expertise (*Please limit to one double-sided page)

\\FILESERV\NaturalResources\NR_Projects\a_Multi_Preserve_Projects\Current Projects\BIO_Oncall_consulting\RFPQ\2016\2016_Bio_on_Call_RFPQ_Final.docx Please review the enclosed checklist of sensitive status species and invasive plants (attachment 3) anticipated to occur or potentially occur on District lands and indicate the species for which you have experience. Please indicate if your firm holds any special permits or qualifications to work with these species.

5.) Examples of Project Administration (Please limit to one double-sided page) Please include a description of your firm’s method of and experience in, controlling project costs and schedules. Please indicate any project software suites that your firm may uses to administer projects. Provide examples of any cost savings strategies that your firm has utilized to keep projects within or under budget. Each firm should indicate the percentage of their total project workload that is completed on time and within or under budget. If desired, you may include a sample project schedule identifying milestones, deliverables, meeting dates etc.

6.) One Example of a GIS Map or shapefile Completed in Support of Relevant Work Experience Please provide one (1) example of a professional GIS map or shapefile created by your firm in support of a biological consulting project. This should clearly represent your firm’s ability to generate high quality maps and data that offer pertinent natural resource information in a manner that is easily interpretable. If your firm does not wish to be considered for GPS data collection or GIS mapping and analysis services, please provide an example of your firm’s ability to mark the location of natural resources on a pre-made map.

7.) Specialized Trainings, Certifications and/or Regulatory Permits  USFWS and CDFW permits and/or specialized trainings or certifications are often required for surveying, handling, capturing, and relocating protected species. Please provide copies of all Federal and State of California permits or training certifications that are held by the firm or project individuals that qualify them to work with protected species, especially any permits held for the specific study area.  If permits or trainings are not already in place, selected consultant(s) will need to demonstrate that they are able to obtain these items for these species, within the geographic region prior to beginning work. Work may not begin until permits and or training for the selected consultant(s) are in place.

8.) Fee Proposal (Please limit to one double-sided page) The fee proposal should include the charge rates of the people who would perform the work (please identify tasks to be performed by sub-consultants), and a standard hourly rate schedule. Please also include a list of anticipated reimbursable expenses and their associated rates as a separate line item.

9.) Insurance and Indemnification A statement of the firm’s acceptance of the District’s insurance and indemnification requirements, or any reservations the firm has with the requirements. Please see attached Midpeninsula Regional Open Space District Sample Agreement for Professional Services (Attachment 4).

\\FILESERV\NaturalResources\NR_Projects\a_Multi_Preserve_Projects\Current Projects\BIO_Oncall_consulting\RFPQ\2016\2016_Bio_on_Call_RFPQ_Final.docx Please keep proposals to no more than six (6) double-sided pages, not including professional resumes, checklists, permits, and qualifications.

Schedule The following is a tentative schedule that is subject to change. The District will inform all teams of changes in the schedule by email correspondence.

Monday October 31th, 2016 Deadline to receive proposals (two hardcopies and one electronic) Week of November 7th, 2016 Phone interviews with selection committee as needed Week of November 16th, 2016 Proposals ranked/selections made by committee Weds November 23rd, 2016 Midpen approves consultant contract, and contract agreement documentation process begins

Selection Procedure The District will select a consultant based on the responsiveness of the firm or individual to the RFPQ and information contained in the proposal. Each applying firm can ask to be considered for as many, or as few, of the possible types of biological consulting work, and work with individual species, as they wish. The breadth of services that each firm can provide will have no bearing as to whether or not that firm is selected. Ranking criteria for selection will include the firm’s experience and demonstrated success with similar projects, work with similar agencies, work in similar habitat settings, experience with specific species that occur or are expected to occur on District’s Preserves (if asked to be considered for this service), the qualifications and permits of the assigned personnel, the qualifications of the specific personnel who will work on the project, the quality of the example GIS map or shapefile provided, fee structure, availability of the firm to complete anticipate projects, and the ability of the firm to provide appropriate insurance in adequate amounts including professional errors and omissions insurance.

The proposed fee schedules will be evaluated after an initial ranking of the qualifications of each firm submitting a proposal. The District may contact firms to clarify items contained in their proposal or to conduct phone interviews as needed.

Each respondent is required to submit two (2) hard copies and one electronic copy of the proposal to the Midpeninsula Regional Open Space District, by 12:00 noon, Monday, October 31, 2016. Please call to verify receipt of proposals. All proposals shall become the sole property of the District. Proposals will be received at the following address:

Matthew Chaney, Resource Management Specialist I Natural Resources Department Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 (650) 691-1200

Midpeninsula Regional Open Space District reserves the right to reject any or all proposals received and to request additional information as deemed necessary and appropriate. Following \\FILESERV\NaturalResources\NR_Projects\a_Multi_Preserve_Projects\Current Projects\BIO_Oncall_consulting\RFPQ\2016\2016_Bio_on_Call_RFPQ_Final.docx review of the proposals submitted, selected teams will be notified of the opportunity to interview with the District, during the week of November 7th, 2016.

General Stipulations The District is not responsible for any expenses which proposers may incur in preparing and submitting the proposal. The District will not be liable for any costs incurred by the proposers that are related to the RFP process; this includes production of the proposal, interviews/presentations, travel and accommodations. The District reserves the right to request or negotiate modifications to the proposals that are deemed appropriate. All proposals received from proposers in response to this Request for Proposal will become the property of the District and will not be returned to the proposers. In the event of contract award, all documentation produced as part of the contract will become the exclusive property of the District. The District reserves the right to reject any and all proposals and to waive minor irregularities. The District also reserves the right to seek new proposals or re-advertise if responses have not been satisfactory or for any other reason.

PUBLIC RECORDS AND PROPRIETARY INFORMATION, INDEMNIFICATION The District recognizes that proposers will occasionally believe that all or portions of their proposals are confidential or proprietary. This can present problems in participating in a public agency RFP process. All proposals, strategies, supporting information, rate schedules and other information and documents are presumptively public records under the California Public Records Act (Gov’t Code section 6250 et seq.), subject to prompt disclosure upon request by any member of the public.

The District is not soliciting, does not wish to receive, and will not treat any information received under this proposal as proprietary or confidential information, unless specifically called for or expressly accepted by the District General Counsel in writing, and will be accepted and considered only when, in the sole discretion of the District it is necessary to serve the public purpose of the project. If the inclusion of confidential or proprietary information is determined to be necessary to the proposal, proposers must identify each and every specific item and each and every page, and segregate the information into a separate envelope or electronic file labeled conspicuously as confidential, with a cover page describing the information and applicable law exempting the same from disclosure. Any material marked or claimed as confidential or proprietary may be returned to the proposer by the District or destroyed and may not be considered in the review of proposals if the claim does not appear justified or would inhibit the public purposes of the project proposed.

If the documents have been properly marked and expressly accepted as confidential and proprietary in writing by the District General Counsel, the District will make its best effort to advise the proposer of any Public Records Act request, should any be received, seeking documents claimed to be confidential or proprietary, to give the proposer an opportunity to take legal steps to protect such property from disclosure to third-party requester. The District expressly disclaims any duty and will not defend the confidentiality or proprietary nature of any information submitted. By submitting any confidential or proprietary information to the District, the proposer agrees to holds harmless and indemnify and defend the District and its officers, employees, and agents for any and all costs, including attorneys fees, incurred by \\FILESERV\NaturalResources\NR_Projects\a_Multi_Preserve_Projects\Current Projects\BIO_Oncall_consulting\RFPQ\2016\2016_Bio_on_Call_RFPQ_Final.docx the District or awarded to a Public Records Act requester relating to a request for release of proposer’s data should the proposer ask the information to be handled as proprietary or confidential.

Requests for Additional Information and Questions Specific questions related to the RFP must be addressed via email correspondence to the District. Answers, additional, and updated information will be distributed to all firms receiving this RFPQ. Please verify if and when updated information is received from the District. Questions must be submitted no later than October 21st, 2016.

Please submit all inquiries to: Matthew Chaney, Resource Management Specialist I at: [email protected]

Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 650.625.6573

\\FILESERV\NaturalResources\NR_Projects\a_Multi_Preserve_Projects\Current Projects\BIO_Oncall_consulting\RFPQ\2016\2016_Bio_on_Call_RFPQ_Final.docx LIST OF ATTACHMENTS Attachment 1 Map of District preserves and boundary within which potential projects may occur

Attachment 2 List of desired on-call services

Attachment 3 List of species that occur or may potentially occur on District lands

Attachment 4 District sample agreement for professional services

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While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features. On‐Call Services (X) = Interested Animal Species Surveys Reptiles and Amphibians Insects Birds Fish Mammals (non‐bat) Bats Plant Species Surveys Plants ‐ Rare Plants ‐ Invasive Miscellaneous GPS (data collection) GIS (mapping and analysis) Report Writing Data Management CEQA review and mitigation development Hydrology Plant and Animal Pathogens

**THIS PAGE MUST BE SUBMITTED WITH YOUR PROPOSAL** Species (Scientific Name) CODE Common Name Experience Permits/Qualifications Held Wildlife: Y/N Amphibians Ambystoma californiense AMCA California Tiger Salamander Aneides niger ANNI Santa Cruz black salamander Dicamptodon ensatus DIEN California giant salamander Rana boylii RABO Foothill Yellow‐legged Frog Rana draytonii RADR California Red‐legged Frog Arthropods Euphilotes enoptes smithi EUEN Smith’s Blue Butterfly Euphydryas editha bayensis EUED Bay Checkerspot Butterfly Speyeria callippe callippe SPCA Callippe Silverspot Butterfly Trimerotropis infantilis TRIN Zayante Band‐winged Grasshopper Birds: Hummingbirds, Woodpeckers, Swifts, and Perching Birds Agelaius tricolor AGTR Tri colored Blackbird Ammodramus savannarum AMSA Grasshopper Sparrow Chaetura vauxi CHVA Vaux's Swift Contopus cooperi COCO Olive‐sided Flycatcher Cypseloides niger CYNI Black Swift Empidonax traillii EMTR Willow Flycatcher Eremophila alpestris actia ERAL California Horned Lark Geothlypis trichas sinuosa GETR San Francisco Common Yellowthroat Icteria virens ICVI Yellow‐breasted Chat Lanius ludovicianus LALU Loggerhead Shrike Picoides nuttallii PINU Nuttall's Woodpecker Progne subis PRSU Purple Martin Setophaga petechia SEPE American Yellow Warbler Selasphorus rufus SERU Rufous Hummingbird Selasphorus sasin SESA Allen's Hummingbird Spinus lawrencei SPLA Lawrence's Goldfinch Vireo bellii pusillus VIBE Least Bell's Vireo Birds: Water Associated i.e. Pelicans, Gulls, Terns, Rails, Comorants Brachyramphus marmoratus BRMA Marbled Murrelet Charadrius alexandrinus nivosus CHAL Western Snowy Plover Ixobrychus exilis IXEX Least Bittern Larus californicus LACA California Gull Laterallus jamaicensis coturniculus LAJA California Black Rail Numenius americanus NUAM Long‐billed Curlew Pelecanus erythrorhynchos PEER American White Pelican Pelecanus occidentalis californicus PEOC California Brown Pelican Phalacrocorax auritus PHAU Double Crested Cormorant Rallus longirostris obsoletus RALO California Clapper Rail Sternula antillarum browni STAN California Least Tern Thalasseus elegans THEL Elegant Tern Birds: Owls and Raptors Accipiter gentilis ACGE Northern Goshawk Accipiter striatus ACST Sharp‐shinned Hawk Aquila chrysaetos AQCH Golden Eagle Asio flammeus ASFL Short‐eared Owl Asio otus ASOT Long‐eared Owl Athene cunicularia ATCU Burrowing Owl Buteo regalis BURE Ferrunginous Hawk Buteo swainsoni BUSW Swainson’s Hawk Circus cyaneus CICY Northern Harrier Elanus leucurus ELLE White‐tailed Kite Falco columbarius FACO Merlin Falco peregrinus anatum FAPE American Peregrine Falcon Haliaeetus leucocephalus HALE Bald Eagle Pandion haliaetus PAHA Osprey Fish Oncorhynchus kisutch ONKI Coho Salmon‐ central California coast ESU Oncorhynchus mykiss irideus ONMY Steelhead ‐ central California coast DPS Mammals: Bat Antrozous pallidus ANPA Pallid Bat Corynorhinus townsendii COTO Townsend's Big‐eared Bat Lasiurus blossevillii LABL Western Red Bat Lasiurus cinereus LACI Hoary Bat Myotis evotis MYEV Long‐eared Myotis Myotis thysanodes MYTH Fringed Myotis Myotis volans MYVO Long‐legged Myotis Mammals: Non‐ Bat Bassariscus astutus BAAS Ring‐tailed Cat Dipodomys venustus venustus DIVE Santa Cruz Kangaroo Rat Neotoma fuscipes annectens NEFU San Francisco Dusky‐footed Woodrat Puma Concolor PUCO Mountain Lion Reithrodontomys raviventris RERA Salt‐marsh Harvest Mouse Sorex vagrans halicoetes SOVA Salt‐marsh Wandering Shrew Taxidea taxus TATA American Badger Reptiles Actinemys marmorata ACMA Western Pond Turtle Phrynosoma blainvillii PHBL Coast Horned Lizard Thamnophis sirtalis tetrataenia THIS San Francisco Garter Snake Species (Scientific Name) CODE Common Name Experience Permits/Qualifications Held Rare Plants: Annual Herbs Acanthomintha duttonii ACDU San Mateo thorn‐mint Calyptridium parryi var. hesseae CAPA Santa Cruz Mountain Pussypaws Centromadia parryi ssp. congdonii CEPA Congdon's tarplant Chloropyron maritimum ssp. palustre CHMA Point Reyes bird's‐beak Chorizanthe robusta var. robusta CHRO Robust spine flower Clarkia concinna ssp. automixa CLCO Santa Clara red ribbons Collinsia multicolor COMU San Francisco collinsia Eriastrum abramsii ERAB Abrams wooly star Hesperolinon congestum HECO Marin western flax Lessingia arachnoidea LEAR Crystal Springs lessingia Legenere limosa LELI legenere Lessingia micradenia var. glabrata LEMI smooth lessingia Monolopia gracilens MOGR woodland woollythreads Pentachaeta bellidiflora PEBE white‐rayed pentachaeta Plagiobothrys chorisianus PLCH Choris' popcornflower Plagiobothrys chorisianus var. chorisianus PLCH Choris' popcornflower Plagiobothrys chorisianus var. hickmanii PLCH Choris' popcornflower Plagiobothrys diffusus PLDI San Francisco popcornflower Plagiobothrys glaber PLGL hairless popcorn‐flower Streptanthus albidus ssp. peramoenus STAL most beautiful jewel‐flower Trifolium buckwestiorum TRBU Santa Cruz clover Pernennial Herbs Allium peninsulare var. franciscanum ALPE Franciscan onion Astragalus pycnostachyus var. pycnostachyusASPY coastal marsh milk‐vetch Balsamorhiza macrolepis var. macrolepis BAMA Big‐scale balsamroot Castilleja latifolia CALA Monterey indian paintbrush Cirsium fontinale var. campylon CIFO Mt. Hamilton fountain thistle Cirsium fontinale var. fontinale CIFO fountain thistle Delphinium californicum ssp. interius DECA Hospital Canyon Larkspur Dudleya abramsii ssp. setchellii DUAB Santa Clara Valley dudleya Elymus californicus ELCA California bottle brush grass Eriophyllum jepsonii ERJE Jepsons wooly sunflower Eriophyllum latilobum ERLA San Mateo woolly sunflower Eriogonum nudum var. decurrens ERNU Ben Lomond buckwheat Fritillaria liliacea FRLI fragrant fritillary Helianthella castanea HECA Diablo helianthella Hoita strobilina HOST Loma Prieta hoita Pedicularis dudleyi PEDU Dudley's lousewort Perideridia gairdneri ssp. gairdneri PEGA Gairdner's Yampah Penstemon rattanii var. kleei PERA Santa Cruz Mountains beardtongue Piperia candida PICA white‐flowered rein orchid Silene verecunda ssp. verecunda SIVE San Francisco campion Shrubs Arctostaphylos pajaroensis ARPA Pajaro Manzanita Arctostaphylos regismontana ARRE Kings Mountain manzanita Dirca occidentalis DIOC western leatherwood Malacothamnus arcuatus MAAR arcuate bush‐mallow Federal or State T&E and Tier 1 Candidate Species Listed as rare under CA Native Plant Protection Act Tier 2 or CNPS list 1A,1B, and 2. CNPS list 3 and 4, or locally Tier 3 rare species Species (Scientific Name) CODE Common Name Experience Permits/Qualifications Held Invasive Plants Known to Occur on District Perserves Acacia baileyana ONAC cootamundra wattle Acacia dealbata ONIL silver wattle Acacia melanoxylon PAUR blackwood acacia Aegilops cylindrica PEWA jointed goatgrass Aegilops triuncialis POAU barbed goatgrass Ailanthus altissima PYCO tree of heaven Arundo donax PYCR giant reed Asphodelus fistulosus RICO asphodel, onion weed Brachypodium sylvaticum RULA slender false brome Brassica nigra RUDE mustard Carduus pycnocephalus RYPE Italian thistle Carthamus lanatus SARA woolly distaff thistle Centaurea calcitrapa SASE purple star‐thistle Centaurea melitensis SCHI tocolate, Malta star‐ thistle Centaurea solstitialis SEJA yellow star‐thistle Centaurea stoebe ssp. micranthus SEMU spotted knapweed Cirsium vulgare SEPU bull thistle Conium maculatum SOCA poison hemlock Cortaderia jubata SORO Jubata grass Cortaderia selloana SPAL pampas grass Cotoneaster spp. SPDE cotoneaster Cynara cardunculus SPPA artichoke thistle Cytisus scoparius ONAC Scotch broom Dactylis glomerata ONIL orchard grass Delairea odorata PAUR Cape ivy Dipsacus sativus PEWA teasel Dittrichia graveolens POAU stinkweed Elymus caput‐medusae PYCO Medusa head grass Ehrharta calycina PYCR Perennial velt grass Ehrharta erecta RICO Erect velt grass Eucalyptus camaldulensis RULA red river gum Eucalyptus globulus RUDE blue gum Euphorbia oblongata RYPE Oblong spurge Foeniculum vulgare SARA fennel Genista monspessulana SASE French broom Hedera helix SCHI English ivy Helminthotheca (Picris) echioides SEJA bristly ox‐tongue Hesperocyperis (Cupressus) macrocarpa SEMU Monterey cypress Hypericum perforatum SEPU Klamath weed Lathyrus latifolius SOCA sweet pea Ligustrum lucidum SORO glossy privet Lythrum salicaria SPAL purple loosestrife Marrubium vulgare SPDE horehound Mentha pulegium SPPA pennyroyal Mesembryanthemum crystallinum ONAC crystalline iceplant Myosotis latifolia ONIL forget‐me‐not Nerium oleander PAUR oleander Olea europaea PEWA olive Oxalis pes‐caprae POAU Bermuda buttercup Phalaris aquatica PYCO Harding grass Pinus radiata PYCR Monterey pine Robinia pseudoacacia RICO black locust Rubus armeniacus (discolor) RULA Himalayan blackberry Senecio minimus (Erechtites minima) RUDE coastal burnweed Silybum marianum RYPE milk thistle Spartium junceum SARA Spanish broom Stipa mileacea var. mileacea (Piptatherum Smilo grass miliaceum) SASE Ulex europaeus SCHI gorse Verbascum thapsus SEJA mullein Vinca major SEMU periwinkle Zantedeschia aethiopica SEPU calla lily May Occur on District Presesrves Acacia paradoxa ACPA Kangaroo thorn Acaena novae‐zelandiae ACNO Biddy biddy Achnatherum brachychaetum ACBR Puna needle grass Acroptilon repens ACRE Russian knapweed Aegilops cylindrica AECY Jointed goatgrass Aegilops triuncialis AETR Barbed Goatgrass Ambrosia trifida AMTR Giant ragweed Araujia sericifera ARSE Bladderflower Arctotheca calendula ARCA Cape weed Arrhenatherum elatius AREL Tall oatgrass Asparagus asparagoides ASAS African asparagus fern Asphodelus fistulosus ASFI Onionweed Buddleja davidii BUDA Butterfly bush Carduus acanthoides CAAC Spiny plumeless thistle Carex pendula CAPE Hanging sedge Carthamus leucocaulos CALE White stemmed distaff thistle Centaurea diffusa CEDI Diffuse knapweed Centaurea iberica CEIB Iberian knapweed Centaurea stoebe ssp. micranthos CEST Spotted knapweed Centaurea sulphurea CESU Sicilian starthistle Cestrum parqui CEPA Chilean Jessamine Chondrilla juncea CHJU Skeleton weed Cirsium undulatum CIUN Wavy leaved thistle Coprosma repens CORE Creeping mirrorplant Crupina vulgaris CRVU Bearded creeper Cuscuta japonica CUJA Japanese dodder Cytisus striatus CYST Portuguese broom Dittrichia graveolens DIGR Stinkweed Echium plantagineum ECPL Salvation echium Elymus caput‐medusae ELCA Medusa head grass Ehrharta calycina EHCA Perennial velt grass Ehrharta erecta EHER Erect velt grass Euphorbia esula EUES Leafy spurge Euphorbia oblongata EUOB Oblong spurge Euphorbia terracina EUTE Geraldton carnation weed Fallopia japonica FAJA Japanese knotweed Festuca pratensis FEPR Meadow fescue Gazania linearis GALI Gazania Gunnera tinctoria GUTI Chilean gunnera Halimodendron halodendron HAHA Russian salt tree Helichrysum petiolare HEPE Licorice plant Hypericum canariense HYCA Canary Island St John’s Wort Isatis tinctoria ISTI Dyers woad Lepidium appelianum LEAP Hairy whitetop Lepidium campestre LECA Field pepper grass Ligustrum lucidum LILU Glossy privet Ligustrum ovalifolium LIOV California privet Limonium ramosissimum LIRA Algerian sealavender Linaria genistifolia ssp. dalmatica LIDA Dalmatian toadflax Linaria vulgaris LIVU Butter and eggs Lonicera japonica LOJA Japanese honeysuckle Lythrum salicaria LYSA Purple loosestrife Nassella formicarum NAFO Andean tussockgrass Nassella tenuissima NATE Finestem needlegrass Oenothera sinuosa OESI Wavy‐leaved gaura Oenothera xenogaura OEXE Drummond’s gaura Onopordum acanthium ONAC Scotch cottonthistle Onopordum Illyricum ONIL Illyrian thistle Paspalum urvillei PAUR Vasey’s grass Persicaria wallichii PEWA Himalayan knotweed Polygonum aubertii POAU Bukhara fleeceflower Pyracantha coccinea PYCO Scarlet firethorn Pyracantha crenulata PYCR Nepalese firethorn Ricinus communis RICO Castor bean Rubus laciniatus RULA Cut leaved blackberry Rumex dentatus RUDE Toothed dock Rytidosperma penicillatum RYPE Purple awned Wallaby Grass Saccharum ravennae SARA Ravennagrass Sapium sebiferum SASE Chinese tallowtree Scolymus hispanicus SCHI Golden thistle Senecio jacobaea SEJA Tansy ragwort Senna multiglandulosa SEMU Glandular cassia Sesbania punicea SEPU Rattlebox Solanum carolinense SOCA Carolina horse nettle Solanum rostratum SORO Buffalo berry Spartina alterniflora SPAL Salt water cord grass Spartina densiflora SPDE Dense flowered cord grass Spartina patens SPPA Salt meadow cord grass

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND _ .

THIS AGREEMENT is by and between ______(“Consultant”) and the Midpeninsula Regional Open Space District, a public body of the State of California (“District”). Consultant and District agree: 1. Services. Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to perform all of the Scope of Services herein required of Consultant for $ including all materials and other reimbursable amounts (“Maximum Compensation”). Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Consultant’s signature. 3. Term. This Agreement commences on full execution hereof and terminates on _ _ unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant’s control, other than delays caused by the District, shall be requested in writing to the District’s Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to District for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of District. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the District. 5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the District, the insurance coverages specified in Exhibit B, "District Insurance Requirements," attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance to District. 6. Indemnification. Consultant shall indemnify, defend, and hold District, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the District, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify District shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

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7. Termination and Abandonment. This Agreement may be cancelled at any time by District for its convenience upon written notice to Consultant. In the event of such termination, Consultant shall be entitled to pro-rated compensation for authorized Services performed prior to the effective date of termination provided however that District may condition payment of such compensation upon Consultant's delivery to District of any or all materials described herein. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Consultant shall, without delay, deliver to District all materials and records prepared or obtained in the performance of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services performed up to the time of Consultant’s cessation or abandonment, less a deduction for any damages or additional expenses which District incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of District and are assumed to be public records within the meaning of the California Public Records Act unless expressly deemed otherwise by District. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to District at no additional charge and without restriction or limitation on their use. Upon District’s request, Consultant shall execute appropriate documents to assign to the District the copyright or trademark to work created pursuant to this Agreement. Consultant shall return all District property in Consultant’s control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the District. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify District of the existence of such conflict of interest so that the District may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both Consultant and District's General Manager, and approved as to form by the District’s General Counsel. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this

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Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of District's District Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier (“Courier”), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine’s acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent.

15. Miscellaneous. a. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. b. Capitalized terms refer to the definition provide with its first usage in the Agreement. c. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. d. The terms “shall”, “will”, “must” and “agree” are mandatory. The term “may” is permissive. e. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. f. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. g. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees.

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IN WITNESS WHEREOF, Consultant and District execute this Agreement.

MIDPENINSULA REGIONAL OPEN CONSULTANT SPACE DISTRICT Name ______330 Distel Circle Address______Los Altos, CA 94022-1404 ______

By: By: Name Name______Title Title______

Date: Date:

Attest: Jennifer Woodworth Federal Employer ID Number: District Clerk License Number:

Expiration Date: Approved as to form:

Sheryl Schaffner General Counsel

Attachments: Exhibit A Scope of Services Exhibit B District Insurance Provisions

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EXHIBIT A Scope of services and compensation

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EXHIBIT B INSURANCE REQUIREMENTS

Before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the District, the insurance specified herein. Insurance Requirements.  Statutory Worker’s Compensation Insurance and Employer’s Liability Insurance coverage: $1,000,000  Commercial General Liability Insurance: $1,000,000 (Minimum), $2,000,000 Aggregate  Business Automobile Liability Insurance-with coverage evidencing “any auto” and with limits of at least $1,000,000 per occurrence.  Errors and Omissions Insurance (or Professional Liability): $1,000,000

Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant shall be provided if required under the California Labor Code. Commercial General and Automobile Liability. Consultant, at Consultant's own cost and expense, shall maintain Commercial General and Business Automobile Liability insurance for the period covered by this Agreement in an amount not less than the amount set forth in this Exhibit B, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of hired, owned and non-owned automobiles. Coverage shall be at least as broad as the latest edition of the Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (any auto). No endorsement shall be attached limiting the coverage. a. A policy endorsement must be delivered to District demonstrating that District, its officers, employees, agents, and volunteers are to be covered as insured as respects each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to District, its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis. c. An endorsement must state that coverage is primary insurance and that no other insurance affected by the District will be called upon to contribute to a loss under the coverage. d. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to District and its officers, employees, agents, and volunteers. e. Insurance is to be placed with California-admitted insurers.

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Professional Liability. Where Consultant is a licensed professional, Consultant, at Consultant's own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount set forth in this Exhibit B covering the licensed professionals' errors and omissions, as follows: a. The policy must contain a cross liability or severability of interest clause. b. The following provisions shall apply if the professional liability coverages are written on a claims made form: 1) The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work. If coverage is canceled or not renewed and it is not replaced with another claim made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The District shall have the right to exercise at the Consultant's cost, any extended reporting provisions of the policy should the Consultant cancel or not renew the coverage. A copy of the claim reporting requirements must be submitted to the District prior to the commencement of any work under this Agreement.

Deductibles and Self-Insured Retentions. Consultant shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Any self-insured retention or deductible is subject to approval of District. During the period covered by this Agreement, upon express written authorization of District Legal Counsel, Consultant may increase such deductibles or self-insured retentions with respect to District, its officers, employees, agents, and volunteers. The District Legal Counsel may condition approval of an increase in deductible or self- insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

Notice of Reduction in Coverage. In the event that any coverage required under the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to District at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage.

Remedies. In addition to any other remedies District may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, District may, at its sole option: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies District may have and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements.

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