H._Final_Solicitation.pdf

Solicitation No. 06A3178

The following is the Table of Contents for the Small Business Minor B Package documents:

Table of Contents 1 Page

Invitation for Price Quote Cover Letter 1 Page

General Bidders Instructions/Checklist 2 Pages

Proposed Form of Agreement, STD 213 2 Pages

Information Handout 42 Pages

Specifications 33 Pages

Link to the 2024 Edition of the Standard Specifications Page 34

The Bid Package contains 8 Project Plans for this project.

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th STREET, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

https://dot.ca.gov/programs/procurement-and-contracts/

Invitation for Price Quote (IFPQ)

Contract No. 06A3178 Quote Due Date: April 30, 2025

Prospective Contractors:

California Department of Transportation (Caltrans/Department) has issued the enclosed Invitation for Price Quote (IFPQ) for services described in the enclosed proposed contract.

Please read the entire contract package and all attachments carefully. If you desire to submit a quote, complete the Price Quote sheet and email it to the Analyst listed in the IFPQ. Your signature affixed to and dated on the quote proposal shall constitute a certification under penalty of perjury, unless exempted, that you have complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 11102, and the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964, 49 Code of Federal Regulations (CFR) Part 21, and 23 CFR Part 200.

Award of this contract will be to the lowest responsible contractor whose quote complies with all requirements as described in this IFPQ.

If your bid is more than $461,000.00, it will be rejected per Public Contract Code Section 10105(b).

Contractor must be a Certified Small Business at the time of the quote date.

Invitation for Price Quote

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

California Department of Transportation

ADMINISTRATION

DIVISION OF PROCUREMENT AND CONTRACTS

1727 30th Street, MS 65

SACRAMENTO, CA 95816-7006

PHONE (916) 227-6000

TTY 711

https://dot.ca.gov/programs/procurement-and-contracts/

General Contractors Instructions/Checklist

Solicitation No. 06A3178

A complete bid or bid package will consist of the items identified below.

that you are submitting to Caltrans. All attachments identified below (unless noted otherwise) are required and must be attached in your Bid Package submittal (links to documents are not acceptable), or your bid may be considered non-responsive. It is the responsibility to confirm receipt of their bid before the time the bid is due. Omission of documents or bids lost during transmission will be deemed non-responsive.

Return this checklist with your bid package.

Quotes omitting this information may be regarded as non-responsive and rejected.

Do not submit company advertisements, brochures, informational pamphlets, or any other document unless specifically noted in the IFPQ Requirements and/or as listed below.

Price Quote Proposal for Unit Items (ADM-1509). Complete and sign the Price Quote Proposal for Unit Item Sheet(s).

Subcontractor List (DES-OE-0102.2.C) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DESOE0102.2C. List all subcontractors, including DVBEs, as applicable to the requirements of this solicitation.

Contract Requirements (ADM-0378) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0378

Small Business Status (DOT DES-OE-0102.4) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/showForm2?frmid=DOTDESOE0102.4.

California Company Preference (DES-OE-0102.9) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DESOE0102.9.

Certified DVBE Summary (DOT ADM-4015) can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/showForm2?frmid=DOTADM4015.

Contractor Certification Clauses (CCC 04/2017) can be downloaded at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language.

California Civil Rights Laws Certification (DOT ADM-0076) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0076.

Darfur Contracting Act Certification (DOT ADM-0077) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM0077.

DOT DES-OE-0102.14 In-Use Off-Road Diesel-Fueled Vehicle List can be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/showForm2?frmid=DOTDESOE010214.

The following forms and information will be required at the time of contract award and signature.

Payment Bond (ADM-2009) must be downloaded at https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=DOTADM2009

Certificate(s) of Insurance

Postconsumer-Content Certification (CalRecycle 74) can be downloaded at https://www.google.com/url?client=internal-element-cse&cx=017557373779849962485:erv3s56gka0&q=https://www2.calrecycle.ca.gov/Docs/Web/1114 80&sa=U&ved=2ahUKEwiK0-qnvd6IAxWPKkQIHcH3HiIQFnoECAcQAQ&usg=AOvVaw37dYPswR47anIRTKPDAvXb.

Payee Data Record (STD 204) can be downloaded at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf. This form is designed to allow vendors to self-report information needed for accurate and complete reporting of vendor payment income.

Completion of this form is required by all vendors providing goods and/or services to the State of California.

Contract Will Not Be Executed Without These Documents.

PROPOSED FORM OF AGREEMENT

DO NOT COMPLETE

Continued on the following sheets, each bearing the Agreement/Contract number.

The provisions on the following pages hereof constitute a part of the Agreement

TBD

06A3178

1. Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this contract.

2. Contractor, and the agents and employees of Contractor, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of State of California.

3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due Contractor under this agreement, and the balance, if any, shall be paid Contractor upon demand.

4. Without the written consent of the State, this Agreement is not assignable by Contractor either in whole or in part.

5. Time is of the essence in this Agreement.

6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

7.

expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

REGION 4 - CENTRAL REGION

1234 EAST SHAW AVENUE

FRESNO, CALIFORNIA 93710

STREAMBED AL TERA TION AGREEMENT

NOTIFICATION No. EPIMS-MAR-26430-R4

UNNAMED TRIBUTARY TO LEWIS CREEK

MARIPOSA COUNTY

CALIFORNIA DEPARTMENT OF TRANSPORTATION

DISTRICTS

El TAHIR K ATAELGEED

1352 WEST OLIVE AVENUE

FRESNO, CALIFORNIA 93728

MARIPOSA 41 CULVERT

{EA 06-1 C260) {PROJECT)

This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the California Department of Transportation (referred to as Permittee), as represented by Eltahir K Ataelgeed.

RECITALS

WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on August 2, 2024, that Permittee intends to complete the Project described herein.

WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined that the Project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources.

WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources.

NOW THEREFORE, Permittee agrees to complete the Project in accordance with the Agreement.

PROJECT LOCATION

The Project is located at an unnamed tributary to Lewis Creek along State Route (SR) 41 at highway post mile D1 .84, near the community of Fish Camp, in Mariposa County, California; Township 5 South, Range 21 East, Section 26; Fish Camp USGS 7.5-Minute quadrangle map, MDB&M; Latitude 37.461023, Longitude -119.644149 (Figure 1).

INFORMATION HANDOUT #1 Contract No. 06A3178

EPIMS-MAR-26430-R4

Streambed Alteration Agreement

PROJECT DESCRIPTION

The Project will replace the existing 18-inch diameter by 36-foot-long corrugated steel pipe culvert in-kind with a new pre-cast reinforced concrete pipe culvert. A 6-foot-wide trench will be excavated, and the new culvert will be covered with 2-foot thick structural backfill around the pipe followed by the excavated material. The roadway pavement will then be placed on top. At the inlet, the current 6-foot-wide by 3-foot-tall concrete headwall will be removed with an excavator and replaced with an approximately 9.5-foot-wide by 4.17-foot-tall concrete headwall using cast-in-place concrete. At the outlet, a new approximately 3-foot-long by 3-foot-wide semi rectangular pre-cast concrete flared end section will be installed. Approximately 60 square feet of Class Ill rock slope protection (RSP) (150-lb rocks, median size) will be placed using method B at the outlet, in which rocks are dumped typically with a front-end loader and spread in layers using bulldozers or other suitable equipment to minimize voids. Equipment is anticipated to be staged in an existing roadside pullout area approximately 300 feet north of the culvert (outside of the stream) and will operate from the edge of the roadway. A temporary access road into the stream will not be created. Work is anticipated to be completed in approximately 3-5 working days when the stream is naturally dry, with no nightwork.

PROJECT IMPACTS

The Project will result in approximately 0.073 acres of temporary impacts to stream habitats associated with ground disturbance, clearing of existing weedy vegetation, and excavation to remove existing structures. The Project will also result in approximately 89 square feet (0.002 acres) of permanent impacts to stream habitats associated with headwall replacement, flared end section installation, and placement of RSP within the Project stream.

Other potential impacts related to disturbance during Project implementation include those associated with noise and vibration; fugitive dust; trampling/crushing of animals, plants, and habitat features; animal mortality from collisions with vehicles; nest abandonment; sedimentation; and concrete slurry contamination.

This Agreement is intended to avoid, minimize, and mitigate adverse impacts to the fish and wildlife resources that may occupy the Project Area and adjacent habitat. Absent implementation of the Protective Measures required by this Agreement, the species presented in Table 1 and their habitat, as well as other species of birds, mammals, fish, reptiles, amphibians, invertebrates, and plants that compose the local ecosystem could potentially be impacted within the Project Area.

Table 1. Special status species with the potential to occur in the Project Area.

catch, capture, or kill) of state or federally listed candidate, threatened, or endangered species. All such take shall require separate permitting. Liability for take of such listed species remains the separate responsibility of Permittee for the duration of the Project.

(b) Permittee shall take prudent measures to ensure that all take of threatened, endangered, and candidate species is avoided. Permittee acknowledges and fully understands that it does not have California Endangered Species Act incidental take authority.

1.7 Property Not Owned by Permittee. To the extent that the Protective Measures of this Agreement provide for activities that require Permittee to enter on another owner's property, they are agreed to with the understanding that Permittee possesses the legal right to enter.

1.8 Work Schedule. Permittee shall submit a construction work schedule to CDFW at least seven days prior to beginning any activities covered by this Agreement and within seven days of any changes in the work schedule. Permittee shall also notify CDFW upon the completion of the activities covered by this Agreement in the Final Project Report (Reporting Measure 3.2(g)).

1.9 Training. Prior to starting Project activities, all employees, contractors, and visitors who will be present during Project activities shall receive training from a qualified individual on the contents of this Agreement, the resources at stake, and the legal consequences of non-compliance. Permittee shall maintain training sign-in sheets for individuals who attend the training, including the date of the training and the name of the person who provided the training, and submit these to CDFW with the Final Project Report (Reporting Measure 3.2(g)).

2. Avoidance and Minimization Measures

To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below.

2.1 Work Hours. All work activities shall be confined to daylight hours. For purposes of this Agreement, "daylight hours" are defined as that daytime period between sunrise and sunset.

2.2 Flagging. Prior to any activity within the stream, Permittee shall identify the limits of the required access routes and encroachment, including construction-related areas. These "work area" limits shall be identified with brightly colored flagging.

Work completed under this Agreement shall be limited to this defined area only.

Flagging shall be maintained in good repair for the duration of the Project. All areas beyond the identified work area limits shall be designated as Environmentally Sensitive Areas (ESA) and shall not be disturbed.

2.3 Listed and Other Sensitive Status Species.

(a) Pre-Activity Surveys. Pre-activity surveys for potential rare, listed, or other sensitive species shall be conducted by a qualified biologist no more than 30 days prior to the start of Project activities. Survey results shall be submitted to CDFW at least seven days prior to the start of Project activities. The pre activity surveys shall be conducted within the Project Area, and all access routes to avoid and minimize incidental take, confirm previous observations, identify any areas occupied by listed or sensitive species, and clearly mark all resources to be avoided by Project activities. If any state or federal candidate, threatened, or endangered species are found or could be impacted by the work proposed, Permittee shall notify CDFW of the discovery prior to the start of Project activity. An amended Agreement and/or State Incidental Take Permit (ITP) may be necessary and a new CEQA analysis may need to be conducted before work can begin.

(b) Fisher. A qualified wildlife biologist shall survey the Project Area and a 500-foot radius of the Project Area, where accessible, no more than 14 days prior to the start of Project activities to identify any individuals and potential den or rest sites. Permittee shall provide survey results to CDFW within seven days of conducting the surveys. If individuals are detected at any time, Permittee shall halt all work immediately or shall not commence work, whichever applies, and contact CDFW immediately for written approval to proceed.

Permittee is advised that if take cannot be avoided, a State Incidental Take Permit for fisher may be necessary to prior to commencing or resuming Project activities in order to comply with the California Endangered Species Act.

(c) Special Status Plants. Permittee shall conduct surveys for special status plants and natural communities during the appropriate flowering season prior to any Project activities, using the CDFW 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=18959&inline).

Permittee shall provide survey results to CDFW at least seven days prior to the start of Project activities. If special status plant species are identified, Permittee shall identify them with flagging and avoid with a 25 foot no disturbance buffer during Project activities. If avoidance is not feasible, Permittee shall consult with CDFW to determine whether alternate avoidance measures are possible. Permittee may request a reduced buffer for non-listed plant species; Permittee shall not encroach on the 25-foot buffer unless CDFW provides advance, written approval to do so.

(d) Reporting Observations to CNDDB. If detections of any listed or other special status species are made during required surveys or during Project implementation, Permittee shall submit California Natural Diversity Data Base

(CNDDB) forms to the CNDDB via the online field survey form system (https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data#44524419-online field-survey-form) for all detections and provide copies of the CNDDB forms in the Final Report (Reporting Measure 3.2(g)).

2.4 Fish and Wildlife.

(a) If wildlife is encountered during Project activities, said wildlife shall be allowed to leave the Project Area unharmed.

(b) Permittee shall inspect trenches, holes, and other excavations for entrapped wildlife at the beginning, middle, and end of each day until the excavation is backfilled, including weekends and all non-workdays.

(c) To protect nesting birds, no Project activity shall be completed from February 1 through August 31 unless the following avian nesting surveys are completed by a qualified biologist no more than 14 days prior to the start of Project activities. Avian nest survey reporting shall be provided to CDFW at least three days prior to the start of Project activities.

Birds of Prey: Survey for nesting activity of birds of prey within the Project Area and a 500-foot radius of the Project Area. If active nests are observed, these nests shall be designated an ESA and protected by a minimum 500-foot avoidance buffer until the breeding season has ended or until the qualified biologist has determined the young have fledged and are no longer reliant upon the nest or parental care for survival.

Other Avian Species: Survey for nesting activity within the Project Area and a 250-foot radius of the Project Area. If nesting activity is found, Permittee shall designate nests and nest substrate (trees, shrubs, ground, or burrows) as an ESA and shall protect the nest with a minimum 250-foot avoidance buffer until the young have fledged and are no longer reliant upon the nest or parental care for survival.

CDFW may consider variances from these avoidance buffers when there is a compelling biological or ecological reason to do so, such as when the Project Area would be concealed from a nest site by topography. Alternate nest buffers shall be submitted to CDFW for written approval.

2.5 Structures and Installed Features. Permittee confirms that all structures and installed features are properly designed, aligned, and constructed to withstand high flows without failure; to assure resistance to washout and erosion of the stream bed, stream banks, and/or fill; and that they will not cause long-term changes in water flows that adversely modify the existing upstream or downstream bed/bank contours (e.g., headcutting or down cutting) or increase sediment deposition.

Permittee shall remove from the stream structures and associated materials (i.e., concrete forms/containment) not designed to withstand high seasonal flows before such flows occur.

2.6 Vegetation.

(a) No trees greater than 4-inches diameter at breast height shall be removed.

The disturbance or removal of natural vegetation shall not exceed the minimum necessary to complete operations and shall only occur within the flagged Project Area. Precautions shall be taken to avoid damage to vegetation outside the Project Area by people or equipment.

(b) Vegetation removed from the Project Area shall be disposed of at an appropriate and legal off-site location where the material cannot enter the stream channel (i.e., outside of the floodplain). No such material shall be stockpiled in the streambed, banks, or channel.

(c) All invasive, exotic plant species (as classified by the California Invasive Plant Council) that are disturbed by the Project activities shall be removed from the Project Area, bagged or contained, and appropriately disposed of off-site.

Invasive species shall not be used in erosion control materials, mulch, compost, or otherwise placed in or around the Project Area. Permittee shall ensure that heavy equipment and other machinery is inspected for the presence of undesirable species and is cleaned prior to on-site use, to reduce the risk of introducing non-native plant species.

2.7 Vehicles and Equipment.

(a) Permittee shall only operate vehicles within a stream during dry conditions, without diversion or dewatering of the stream, and shall be limited to the minimal amount necessary to complete the Project. No Project activity shall occur within the active, wetted channel or in saturated soils.

(b) Permittee shall wash and dry all equipment (hand tools, mechanical devices, and heavy equipment) prior to entering the Project Area to prevent the movement of aquatic and terrestrial invasive plant and animal species, fungi, their propagules, and other biotic agents.

(c) Permittee shall check and maintain daily all equipment or vehicles driven and/or operated in or adjacent to a stream to prevent leaks of materials that, if introduced to water, could be deleterious to aquatic and terrestrial life.

(d) Vehicle and equipment access to the stream's banks shall be limited to predetermined ingress and egress corridors on existing roads or previously disturbed areas. All other areas adjacent to the Project Area shall be considered an ESA and shall remain off-limits to vehicles and equipment.

(e) Permittee shall locate staging and storage areas for equipment, materials, fuels, lubricants, and solvents outside of the stream and adjacent vegetation and not in a location that could drain to such areas. For stationary equipment located within or adjacent to a stream such as motors, pumps, generators, compressors, welders, or large stationary equipment such as cranes, Permittee shall ensure the continuous use of drip-pans or other containment.

Permittee shall move vehicles away from the stream prior to refueling and lubrication, unless approved in advance and in writing by CDFW. During refueling and other maintenance of stationary equipment, Permittee shall employ secondary containment under and around the equipment to prevent spills of fuel, lubricants, and other substances from contacting soils, vegetation, and surface water.

2.8 Fill/Spoil.

(a) Spoil storage sites shall not be located within the stream, where spoil could be washed into a stream, or where it will cover associated vegetation.

(b) Rock, gravel, and/or other materials shall not be imported into or moved within any stream or associated vegetation, except as otherwise addressed in this Agreement.

(c) Permittee shall limit fill to the minimal amount necessary to accomplish the Project activities and move excess fill material off-site at Project activity completion. Following excavation, Permittee shall contour the Project Area to transition into upstream and downstream slopes without creating mounds or pits.

2.9 Erosion Prevention and Stabilization.

(a) No work shall occur during or within 24 hours before or following rainfall events of¼ inch or more of rain in a 24-hour period, or when surface water is present in a Project Area.

(b) Permittee shall stabilize all disturbed soils within the Project Area to reduce erosion potential, both during and following Project activity. Temporary erosion control devices, such as straw or wood mulch, straw bales, silt fencing, and sandbags may be used, as appropriate, to prevent siltation of the stream. To minimize the risk of ensnaring and strangling wildlife, coir rolls, erosion control mats or blankets, straw or fiber wattles, or similar erosion control products shall be composed entirely of natural-fiber, biodegradable materials. Permittee shall not use "photodegradable" or other plastic erosion control materials. All erosion control materials shall be certified weed-free.

(c) Exposed areas created by Project activities shall be seeded with a blend of a minimum of three locally native grass, wildflower, or shrub species using weed-free straw or mulch. One or two sterile non-native perennial grass species may be added to the seed mix provided that amount does not exceed 25% of the total seed mix by count. The seeding shall be completed as soon as possible, but no later than November 15 of the year Project activity ends or as otherwise approved in writing by CDFW.

2.10 Pollution.

(a) Permittee and all contractors shall be subject to the water pollution regulations found in Fish and Game Code sections 5650, 5652, and 12015.

(b) Permittee shall not dump litter, debris, building materials, or rubbish, including organic and food waste, within any stream, lake, wetland, or areas where such waste could wash into any stream, lake, or wetland. All such debris and waste shall be picked up daily and properly disposed of appropriately off-site.

(c) Permittee shall prevent raw cement, concrete, or washings thereof; asphalt;

drilling fluids or lubricants; paint or other coating material; oil or other petroleum products; or any other substances that could be hazardous to fish or wildlife from contaminating the soil and/or entering any stream, lake, or wetland.

(d) Permittee shall submit a Spill Response Plan to CDFW prior to the start of Project activities, to identify the actions to be taken in the event of a spill of petroleum products, concrete, contaminated soil, or other material harmful to fish, plants, or aquatic life. Permittee shall keep the Spill Response Plan at the Project Area (electronic format is acceptable) and readily available to allow rapid containment and cleanup of any spilled material. In the event that a spill occurs, the Project activity shall cease until cleanup of the spilled materials is completed. Permittee shall notify CDFW immediately of any spills.

2.11 Concrete.

(a) Permittee shall install backup containment structures outside of any concrete forms to capture all wet concrete that could escape the forms and prevent it from entering the stream outside of those structures.

(b) No concrete shall be poured if the five-day weather forecast indicates any chance of rain, unless Permittee provides CDFW with a plan that includes a description of how the concrete would be covered and not contact rain or other surface water during the cure times below.

(c) At all times when Permittee is placed or working with wet concrete there shall be a designated monitor to inspect the containment structures.

(d) Poured concrete shall be isolated from surface waters and allowed to cure for a minimum of the time according to the following table or until 70% of the specified compressive or flexural strength is attained, whichever is longer.

Cold temperatures or other factors may contribute to a curing time longer than indicated in the table to pass the strength test.

Curing Times

Cement Type Minimum Curing Time

ASTM C 150 Type Ill 3 days

ASTM C 150 Type I 7 days

ASTM C 150 Type II 10 days

ASTM C 150 Type IV or V 14 days

(e) Forms shall not be removed until after the end of the minimum curing period.

(f) Rain and/or surface water that encounters the curing concrete structures as well as deliberately applied water for moist curing shall be contained and isolated from surface water. The water shall be pH tested and removed from the Project Area and disposed of lawfully if the pH exceeds 9.5.

3. Reporting Measures

Permittee shall meet each reporting requirement described below.

3.1 Obligations of Permittee.

(a) Permittee shall have primary responsibility for monitoring compliance with all Protective Measures in this Agreement. Protective Measures shall be implemented within the time periods indicated in this Agreement and the reporting described below.

(b) Permittee (or Permittee's designee) shall ensure the activity of the Protective Measures of this Agreement and shall monitor the effectiveness of the Protective Measures.

3.2 Reports. Permittee shall submit the following Reports to CDFW:

(a) Work schedule, submitted to CDFW prior to the start of Project activities (Administrative Measure 1.8).

(b) Training sign-in sheets submitted to CDFW with the Final Project Report (Administrative Measure 1.9).

(c) Results of pre-activity surveys, submitted to CDFW at least seven days prior to the start of Project activities (Avoidance and Minimization Measure 2.3(a)).

(d) Results of fisher surveys, submitted to CDFW within seven days of completing surveys (Avoidance and Minimization Measure 2.3(b)).

(e) Results of special status plant surveys, submitted to CDFW at least seven days prior to the start of Project activities (Avoidance and Minimization Measure 2.3(c)).

(f) Results of surveys for nesting birds, if work is scheduled during the avian nesting season, submitted to CDFW at least three days prior to the start of Project activities (Avoidance and Minimization Measure 2.4(c)).

(g) A Spill Response Plan, submitted to CDFW prior to the start of Project activities (Avoidance and Minimization Measure 2.10(d)).

(h) A Final Project Report to be submitted no more than 30 days after the Project is completed. The final report shall summarize the Project and the implementation of each Protective Measure of this Agreement, including a summary of species observations and relocations, training sign-in sheets, CNDDB forms, and photographic documentation, before, during, and after Project Area activities.

CONTACT INFORMATION

Any communication that Permittee or CDFW submits to the other shall be submitted through Environmental Permit Information Management System (EPIMS) as instructed by CDFW.

To Permittee:

Alyssa Kemp California Department of Transportation 2015 East Shields Avenue Fresno, California 93726 Phone: (559) 401-9648 Alyssa.kemp@dot.ca.gov

To CDFW:

California Department of Fish and Wildlife Region 4 - Central Region 1234 East Shaw Avenue Fresno, California 93710 Attn: Lake and Streambed Alteration Program - Dylan Burkey Notification No. EPIMS-MAR-26430-R4 Phone: (559) 767-0923 dylan.burkey@wildlife.ca.gov and

RRR. R4@wildlife.ca.gov

LIABILITY

Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the Project or any activity related to it that the Agreement authorizes.

This Agreement does not constitute CDFWs endorsement of, or require Permittee to proceed with the Project. The decision to proceed with the Project is Permittee's alone.

SUSPENSION AND REVOCATION

CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement.

Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice.

ENFORCEMENT

Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement.

Nothing in the Agreement limits or otherwise affects CDFWs enforcement authority or that of its enforcement personnel.

OTHER LEGAL OBLIGATIONS

This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with, or obtaining any other permits or authorizations that might be required under, other federal, state, or local laws or regulations before beginning the Project or an activity related to it. For example, if the Project causes take of a species listed as threatened or endangered under the Endangered Species Act (ESA), such take will be unlawful under the ESA absent a permit or other form of authorization from the U.S. Fish and Wildlife Service or National Marine Fisheries Service.

This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the Fish and Game Code including, but not limited to, Fish and Game Code sections 2050 et seq.

(threatened and endangered species), section 3503 (bird nests and eggs), section

3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section 5948 (obstruction of stream).

Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass.

AMENDMENT

CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource.

Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall use the "Amendments & Extension" form in EPIMS to submit the request. Permittee shall include with the completed form, payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal.

Code Regs., tit. 14, § 699.5).

TRANSFER AND ASSIGNMENT

This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing.

The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall use the "Amendments & Extension" form in EPIMS to submit the request. Permittee shall include with the completed form, payment of the minor amendment fee identified in CDFWs current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).

EXTENSIONS

In accordance with Fish and Game Code section 1605, subdivision (b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall use the "Amendments & Extension" form in EPIMS to submit the request. Permittee shall include with the completed form, payment of the extension fee identified in CDFWs current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with Fish and Game Code section 1605, subdivisions

(b) through (e).

If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the Project the Agreement covers (Fish & G. Code§ 1605, subd. (f)).

EFFECTIVE DATE

The Agreement becomes effective on the date of CDFWs signature, which shall be:

1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable Fish and Game Code section 711.4 filing fee listed at https://www.wildlife.ca.gov/Conservation/CEQA/Fees.

TERM

This Agreement shall remain in effect for five years beginning on the date signed by CDFW, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as Fish and Game Code section 1605, subdivision (a)(2) requires.

CEQA COMPLIANCE

In approving this Agreement, CDFW is independently required to assess the applicability of CEQA. The features of this Agreement shall be considered as part of the overall Project description.

Permittee's concurrence signature on this Agreement serves as confirmation to CDFW that the activities conducted under the terms of this Agreement are consistent with the Project as described in the Initial Study with Negative Declaration prepared by Permittee as the Lead Agency for the Mariposa 41 Culvert Project (06-1C260), adopted on January 11, 2024 (State Clearing House No. 2023050069). A copy of the Initial Study with Negative Declaration was provided to CDFW.

CDFW, as a CEQA Responsible Agency, shall submit a Notice of Determination to the State Clearinghouse upon signing this Agreement.

EXHIBITS

The documents listed below are included as exhibits to the Agreement and incorporated herein by reference.

Figure 1 - Project Location

AUTHORITY

If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein.

AUTHORIZATION

This Agreement authorizes only the Project described herein. If Permittee begins or completes a Project different from the Project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with Fish and Game Code section 1602.

CONCURRENCE

Through the electronic signature by the permittee or permittee's representative as evidenced by the attached concurrence from CDFWs EPIMS, the permittee accepts and agrees to comply with all provisions contained herein.

The EPIMS concurrence page containing electronic signatures must be attached to this agreement to be valid.

Figure 1

Project Location

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MONO

TUOLUMNE

MARIPOSA

MADERA

FRESNO

g

Kyle Singh 9/26/2023

0 0.5 10.25 Km

0 0.25 0.50.125 Mi

1:24,000

Service Layer Credits: Sources: Esri, HERE, Garmin, MARIPOSA 41 CULVERT

MPA - 41 PM D1.84

Project EA 06-1C260 Project ID: 06-2100-0039

USGS Topographic Quad: Fish Camp

Project Location

Figure 1 Location Map

STATE WATER RESOURCES CONTROL BOARD

WATER QUALITY ORDER NO. 2004-0004-DWQ

STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS

FOR DREDGED OR FILL DISCHARGES TO WATERS DEEMED BY THE

U.S. ARMY CORPS OF ENGINEERS TO BE OUTSIDE OF

FEDERAL JURISDICTION (GENERAL WDRs)

I. FINDINGS

The State Water Resources Control Board (SWRCB) finds that:

Reasons for issuing these General WDRs

1. Section 13260(a) of the California Water Code (Water Code) requires that any person discharging waste or proposing to discharge waste within any region, other than to a community sewer system, which could affect the quality of the waters of the State1, file a report of waste discharge (ROWD). The discharge of dredged or fill material may constitute a discharge of waste that could affect the quality of waters of the State.

2. California has largely relied upon its authority under section 401 of the federal Clean Water Act (CWA) (33 U.S.C. § 1341) to regulate discharges of dredged or fill material to California waters. That section requires an applicant to obtain “water quality certification” from California that the project will comply with State water quality standards before certain federal licenses or permits may be issued. The permits subject to section 401 include permits for the discharge of dredged or fill materials (CWA section 404 permits) issued by the U.S.

Army Corps of Engineers (ACOE).

3. Given the regulatory process employed under section 401, waste discharge requirements under the Porter-Cologne Water Quality Control Act were typically waived for projects that required certification. Regional Water Quality Control Board (RWQCB) waivers also applied to discharges outside of ACOE jurisdiction. However, these waivers expired as of January 1, 2003 pursuant to the requirements of SB 390. These General WDRs regulate some of the activities for which WDRs were previously waived.

4. The certification process under section 401 only applies to those waters that are subject to the reach of the CWA. The CWA applies to “navigable waters,” which are defined in the CWA as “waters of the United States.” The term “waters of the United States” is defined expansively in 33 Code of Federal Regulations (CFR), part 328. In 2001, the U.S. Supreme Court issued a decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (“SWANCC”), which held that certain “isolated” waters are not subject to CWA jurisdiction merely because they are frequented by migratory birds that cross state lines.

The full implications of SWANCC are yet to be determined in the federal courts, but as a result

1 “Waters of the State” as defined in Water Code section 13050(e).

Contract No. 06A3178

INFORMATION HANDOUT #2 Contract No. 06A3178 of the decision, many projects that previously would have required a section 404 permit now no longer need one. From January 1, 2001 to December 31, 2003, the ACOE disclaimed jurisdiction over 160 water bodies comprising 449 acres of waters of the state, including 251 acres of wetlands, 121 acres of riparian area, and 77 acres of other waters (these figures are under-reported because 24 percent of the jurisdictional disclaimers did not specify the sizes of the disclaimed waterbodies). The prospect of issuing waste discharge requirements for each of the now non-federal waters, especially in a time of budgetary contraction, is daunting. Many of the projects that were traditionally subject to certification requirements involved small discharges with few or no permanent impacts. It is the intent of these General WDRs to regulate a subset of the discharges that have been determined not to fall within federal jurisdiction, particularly those projects involving impacts to small acreage or linear feet and those involving a small volume of dredged material.

5. Wetlands, riparian areas, and headwaters are shallow waters of the state, which are by their nature affected most often and severely by filling and excavation. Regulatory attention to these water bodies is necessitated by the State "No Net Loss" Policy for wetlands (Executive Order W-59-93); the high habitat value of these waters; the basin-wide value of these waters for pollutant removal, floodwater retention, channel stability, and habitat connectivity; the high number of special-status species associated with these waters and their associated habitats; the high percentage of historic losses of these waters in California; the vulnerability of these waters to future impacts from projected population growth and land development;

and the high level of public interest in these waters.

6. Water Code section 13263(a) requires that waste discharge requirements (WDRs) be prescribed as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge. Such WDRs must implement any relevant water quality control plans, taking into consideration beneficial uses to be protected, the water quality objectives reasonably required for those purposes, other waste discharges, the need to prevent nuisance, and the provisions of section 13241 of the Water Code.

7. Water Code section 13263(i) authorizes the SWRCB to prescribe general WDRs for a category of discharges if the discharges are produced by the same or similar operations; the discharges involve the same or similar types of waste; the discharges require the same or similar treatment standards; and the discharges are more appropriately regulated under general discharge requirements than individual discharge requirements.

8. The discharges authorized by these General WDRs meet the criteria for general WDRs set forth in Water Code section 13263(i) because they are all produced by dredging or filling operations; they all involve the discharge of earth, rock, or similar solid materials; they are all limited in size per the terms of the WDRs; they all require similar mitigation techniques to avoid, minimize, and/or compensate for their adverse impacts; and they are all relatively small surface water bodies or water body segments that have been deemed by ACOE to be “isolated,” do not meet the federal wetland criteria, or are above the “line of ordinary high water” limit of federal jurisdiction. They are appropriately regulated under General WDRs because of their similar nature, large numbers, and amenability to being regulated through the use of similar discharge restrictions, as specified in these General WDRs. Regulation of

Contract No. 06A3178 such discharges by these General WDRs will allow the SWRCB and RWQCBs to direct limited staff time to larger, more complex, and potentially more damaging discharges to waters deemed to be outside of federal jurisdiction.

Eligibility Criteria

9. These General WDRs are restricted to dredged or fill discharges of not more than two-tenths (0.2) of an acre and 400 linear feet for fill and excavation discharges, and of not more than 50 cubic yards for dredging discharges. Projects that may be covered under these General WDRs include land development, detention basins, disposal of dredged material, bank stabilization, revetment, channelization, and other similar projects. These size maximums help limit the potential environmental impact of the discharges and make them amenable to similar discharge restrictions, while permitting about half of the projects discharging to non-federal waters, as projected from historical data on discharge sizes. The size and volume restrictions are appropriate because larger projects involve a significantly greater risk to the environment and are more appropriately regulated by individual WDRs.

Absent a potential effect on the quality of waters of the state, no notification is required under these General WDRs.2 The “quality of waters” refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water which affects its use.3 Because of the variability, complexity, and interactions of the factors affecting the quality of waters, it is not possible to provide advice on the kind, size, location, or duration of discharges that can affect water quality under all circumstances. Generally, discharges of dredged, fill, or excavated material to a wetland, or to the active channel or bed of a waterbody will require regulation. Discharges to a riparian area or to an area in proximity to a waterbody can affect the quality of the water if they directly or indirectly result in a discharge to the water (e.g., via stormwater flows, during flood events, or by generating pollutants or increased runoff); are associated with a change in the nature of vegetation that could affect water quality (e.g., by affecting pollutant removal, stream shading, or bank stability); or change the hydrologic or geomorphologic characteristics of the waterbody during some flow condition.

These General WDRs do not set a lower size limit below which a Notice of Intent is not required. Neither the Porter-Cologne Water Quality Control Act nor the federal CWA establish a lower size threshold for permitting. If a lower threshold were established in these General WDRs, discharges below that threshold would be subject to regulation under individual WDRs or an individual waiver of WDRs, thus defeating the purpose of these General WDRs.

Moreover, size is not the sole factor dictating the value of a wetland or other water. Small, strategically placed waters, or segments of waters, can play important roles in supporting local habitat, habitat connectivity, pollutant removal, floodwater attenuation, and other beneficial uses. In addition, without a reporting requirement, there would be no way for the State to ensure that multiple small discharges will not have significant cumulative effects.

10. Discharges of fill can directly or indirectly destabilize the channel or bed of a receiving water by changing geomorphic parameters, including hydrologic characteristics, sediment characteristics, or stream grade.