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HomeMy WebLinkAbout2020-05-19; City Council; ; A Professional Services Agreement for Design Services for the South Shore Agua Hedionda Lagoon Trail in Hub Park~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: May 19, 2020 Mayor and City Council Scott Chadwick, City Manager Kasia Trojanowska, Parks Planning Manager kasia. troja nowska@ca rlsbadca .gov, 760-268-4 726 CA Review AF Subject: A Professional Services Agreement for Design Services for the South Shore Agua Hedionda Lagoon Trail in Hub Park Recommended Action Adopt a resolution authorizing a professional services agreement with Dudek, an environmental planning and engineering consulting firm, for design services for the South Shore Agua Hedionda Lagoon Trail in Hub Park in an amount not-to-exceed $509,975, as detailed in Capital Improvement Project No. 4085. Executive Summary During the city's fiscal year 2019-20 preliminary budget review, several community members · asked the city to develop passive recreational trails and related amenities on the south shore of the Agua Hedionda Lagoon, specifically at the Hub Park lease property. The City Council adopted a resolution Sept. 17, 2019, adding a Capital Improvement Program Project for Trail Segment 7C -South Shore Aqua Hedionda Lagoon Trail (Resolution No. 2019- 181). On Dec. 31, 2019, staff released a request for qualifications and price proposal for design services for the South Shore Agua Hedionda Lagoon Trail, which intersects Hub Park and loops around it. The request outlined a scope of work divided into seven categories: public access easements, public outreach, environmental compliance, design, project permitting, contract bidding and construction administration. All design firms submitting responses to the request were asked to include a detailed cost of services. Dudek's proposed cost of services was $499,975. According to Carlsbad Municipal Code Section 3.28.060.D.5, the City Council shall be the awarding authority for procurement of professional services that cost the city more than $100,000 per agreement year. Discussion Background On Aug. 27, 2019, the City Council adopted a mitigated negative declaration and a mitigation monitoring and reporting program, approved a related amendment to the General Plan Open Space, Conservation, and Recreation Element, and adopted the Carlsbad Trails Master Plan. The adopted programs analyzed trail improvements at a broader, programmatic level. The Carlsbad May 19, 2020 Item #4 Page 1 of 32 Trails Master Plan, Chapter 5 -Trail Development Implementation, identifies Trail Segment 7C - South Shore Agua Hedionda Lagoon Trail. Proposal The proposed eight-foot wide recreational trail would lead from a new Interstate 5 bridge crossing to the bluff top within the Hub Park lease property, overlooking the Agua Hedionda Lagoon. It would loop around the strawberry fields and open space, providing connection to the south side of Cannon Road through existing underpasses. The trail would include a decor;nposed granite surface, trail edging and basic trailhead amenities, such as trail identification and regulation signs, as well as dog waste stations and recycling and trash receptacles. The proposed trail must undergo project level California Environmental Quality Act review in conjunction with the development phase that will determine the final alignment of the trail. Easements related to this trail's development are subject to review and approval by San Diego Gas & Electric, which may grant ingress and egress from Cannon Road to the Hub Park lease property, subject to approval by the California Public Utilities Commission . As required by the mitigation program, a biological survey will be conducted to verify potential direct and indirect impacts to sensitive resources. In addition, a project-level cultural resources record search and consultation with the appropriate entities will be conducted. As part of the environmental review and permitting process, the resource agencies will also be consulted. This project anticipates the construction of the South Shore Agua Hedionda Lagoon Trail, segment 7C, as identified in the Carlsbad Trails Master Plan. The project site consists of 96 acres, including 75. 7 acres of Habitat Management Plan hard line preserve.1 A project objective is to avoid or minimize impacts to sensitive habitat. Any impacts to the habitat will be mitigated on-site in accordance with the Habitat Management Plan. The design phase of the trail project will include a public outreach process and may include passive recreation amenities, open space interpretive areas, public art, utilities, fences delineating the trail, vista points and a parking lot. Professional Services Agreement On Dec. 31, 2019, staff released a request for qualifications and price proposal (No. 20-02) for design services on South Shore Agua Hedionda Lagoon Trail in Hub Park. The request included a scope of work divided into the following phases: 1. Public access easement agreement a. Property appraisal and coordination of the public access agreement b. Coordination with stakeholders 2. Public outreach 3. Environmental compliance a. Cultural and biological resources analyses b. California Environmental Quality Act document c. Proposed trail alignment 1 A hardline preserve is a permanently preserved habitat area protected from future development or other impacts, even if it is sold. The purpose of having hard line preserve is to permanently protect native wildlife, habitats and wildlife movement corridors. May 19, 2020 Item #4 Page 2 of 32 4. Project permitting 5. Design development a. Schematic design b. Construction documents 6. Contract bidding 7. Construction administration a. Biological monitoring b. Project management All design firms submitting responses to the request were to include a detailed cost of services through the duration of the project in a separate seale.d envelope. On Feb. 6, 2020, the following five firms submitted a response to the request for qualifications and price proposal: Dudek, Chen Ryan Associates, KTUA, RRM Design Group and Tetra Tech. The design firms' qualifications were reviewed and ranked by a four-member selection committee of Parks & Recreation Department staff, using the following weighted evaluation: Evaluation criteria Points Specialized experience, technical competence, references, past performance 45 Capacity to accomplish work in the required time 25 Personnel 25 Location and local environment 5 Total points 100 Dudek and Chen Ryan Associates ranked the highest in the proposal evaluation. Those two firms were invited to provide a presentation on their proposed services to the selection committee. After completion of the presentations, the selection committee unanimously ranked Dudek highest. The price proposal of each firm was then opened. Dudek's price proposal was $511,140, and Chen Ryan Associates' price proposal was $482,457. Staff subsequently negotiated a reduction of Dudek's price proposal to $499, 975. The weighted evaluation system and presentation process noted above allows the selection committee to recommend the award of a professional services agreement to the design firm considered the best qualified to provide the requested services at a reasonable price. It was apparent to the committee that Dudek's vast experience in similar projects and its exceptional knowledge and familiarity with this project site had prepared the firm to provide high quality design services to the city. The selection committee is recommending the inclusion of $10,000 for as-needed services to the agreement. The design phase will require about two years to complete, however approval of the public access easements and permitting of the project may require additional time. Therefore, staff is recommending award of the agreement as a two-year term, in a not-to- exceed amount of $509,975 with an optional two-year term extension. May 19, 2020 Item #4 Page 3 of 32 Dudek's cost of services Amount Professional services agreement for design services on South Shore Agua $499,975 Hedionda Lagoon Trail Additional as-needed services $10,000 Total cost $509,975 Fiscal Analysis The total project funding, in the amount of $674,500, was approved in the fiscal year 2019-20 Capital Improvement Program budget. This funding was appropriated from the General Capital Construction Fund, specific to open space acquisition and trail connectivity, as allowed under Proposition C. 2 South Shore Agua Hedionda Lagoon Trail Improvements -CIP NO. 4085 Project appropriation $674,500 Project expenditures and encumbrances to date $3,391 TOTAL AVAILABLE FUNDING $671,109 Next Steps . Staff will schedule a kickoff meeting with Dudek to begin the subject services. Environmental Evaluation (CEQA) The Trails Master Plan has been reviewed in keeping with the California Environmental Quality Act. On August 27, 2019, the City Council adopted a mitigated negative declaration and mitigation monitoring and reporting program which analyzed the Carlsbad Trails Master Plan at a broad, programmatic level. Staff anticipates performing additional project-level environmental review for Trail Segment 7C -South Shore Agua Hedionda Lagoon Trail once its alignment is verified. Public Notification This item was notic.ed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council resolution 2 In Carlsbad, the City Council cannot authorize the spending of more than $1 million of general fund money for property acquisition or improvements without prior approval from voters. In 2002, voters passed Proposition C, which allowed the City Council to exceed the $1 million amount on four projects: the city Safety Training Center, a new swimming pool complex (Alga Norte Community Park), an extension of Cannon Road and acquisition of open space and trails. May 19, 2020 Item #4 Page 4 of 32 EXHIBIT 1 RESOLUTION NO. 2020-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR DESIGN SERVICES FOR THE SOUTH SHORE AGUA HEDIONDA LAGOON (HUB PARK) TRAIL, IN AN AMOUNT NOT-TO-EXCEED $509,975 WHEREAS, the City Council of the City of Carlsbad, California has determined that it is of benefit to the community to develop a passive recreational trail and related amenities on the south shore of the Agua Hedionda Lagoon, specifically at the Hub Park lease property; and WHEREAS, on Aug. 27, 2019, the City Council adopted a Mitigated Negative Declaration (MND) and a Mitigation Monitoring and Reporting Program (MMRP), approved a related amendment to the General Plan Open Space, Conservation, and Recreation Element, and adopted the Carlsbad Trails Master Plan (TMP); and WHEREAS, the TM P's Chapter 5 -Trail Development Implementation -identifies Trail Segment 7C -South Shore Agua Hedionda Lagoon Trail; and WHEREAS, the project site consists of 96 acres, including approximately 75.7 acres of Habitat Management Plan (HMP) hardline preserve; and WHEREAS, this trail design will be developed with a public outreach process and may include passive recreation amenities, open space interpretive areas, public art, utilities, fences delineating the trail, vista points and a parking lot; and WHEREAS, the South Shore Agua Hedionda Lagoon Trail is within the scope of the adopted MND, but the proposed trail must undergo project level California Environmental Quality Act review in conjunction with the development phase that will determine the final alignment of the trail; and May 19, 2020 Item #4 Page 5 of 32 WHEREAS, easements related to this trail's development are subject to approval by San Diego Gas & Electric, which may grant ingress/egress from Cannon Road to the Hub Park Lease property subject to approval by the California Public Utilities Commission; and WHEREAS, any impacts to the habitat will be mitigated on-site in accordance with the HMP; and WHEREAS, On Dec. 31, 2019, staff released a Request for Qualifications and Price Proposal for Design Services on South Shore Agua Hedionda Lagoon (Hub Park) Trail; and WHEREAS, the request included a scope of work divided into the project's seven phases; and WHEREAS, on Feb. 6, 2020, five design firms submitted a response to the request; and WHEREAS, the submittals were reviewed and ranked by a four-member selection committee of Parks & Recreation Department staff, using a weighted evaluation system; and WHEREAS, the two highest ranking design firms were invited to provide a presentation on their proposed services to the selection committee; and WHEREAS, after completion of the presentations, the selection committee unanimously ranked Dudek as the highest firm; and WHEREAS, all design firms submitting responses to the request for design services were to include a detailed price proposal for all seven phases of the project in a separate envelope; and WHEREAS, Dudek's price proposal was originally $511,140 and staff subsequently negotiated it to $499,975, thus bringing it to within $17,518 of the competing finalist firm's proposal; and WHEREAS, the weighted evaluation system and presentation process allows the selection committee to recommend the award of a professional services agreement to the design firm considered to be the best qualified to provide the requested services, at a reasonable price; and WHEREAS, the selection committee is recommending the inclusion of $10,000 for as needed services to the proposed two-year term agreement; and May 19, 2020 Item #4 Page 6 of 32 WHEREAS, the proposed agreement contains an optional two-year term extension; and WHEREAS, sufficient funds are available within the General Capital Construction Fund, specific to open space acquisition and trail connectivity (Proposition C) to fund this agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is hereby authorized and directed to execute the professional services agreement with Dudek for design services on South Shore Agua Hedionda Lagoon (Hub Park) Trail, in a not-to-exceed amount of $509,975 for a two-year term, attached hereto as Attachment "A" 3. That the City Manager is authorized to execute amendments to said agreement deemed to be in the best interest of the City, and, if the City so chooses, to extend it for an additional two-year term. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of May 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor 1111\\lllll/////1111 ~,,,,,~ CA/;1/11❖❖. ,$' o·~-~.n ~ ~~ .. ·· ··-.U~~ l"-/' ~ ·· ...... -v\ (SEAL) l0 t~J0 J ~ ·-.~\\f'.~--~ ~o·• .. , .•·•h_S" ~✓. "'ll...1·•F ... O ... ~~\>r❖~ '1111, £' ,,,,, ..... 111i1t11111111111111 May 19, 2020 Item #4 Page 7 of 32 May 19, 2020 Item #4 Page 8 of 32 AGREEMENT FOR PLANNING AND DESIGN SERVICES FOR HUB PARK DUDEK ~IS AGREEMENT is made and entered into as of the ~ / .s+ day of ~ ~ , 20 '26, by and between the CITY OF CARLSBAD, a municipal corporationJity"), and Dudek, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in planning and design services. B. Contractor has the necessary experience in providing professional services and advice related to planning and design services for South Shore Agua Hedionda Lagoon (Hub Park) Trail. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The City Manager may amend the Agreement to extend it for one additional two-year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed five hundred-nine thousand nine hundred seventy-five dollars ($509,975). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". REV. 05/05/2020 May 19, 2020 Item #4 Page 9 of 32 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 6/12/18 2 May 19, 2020 Item #4 Page 10 of 32 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 May 19, 2020 Item #4 Page 11 of 32 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. City Attorney Approved Version 6/12/18 4 May 19, 2020 Item #4 Page 12 of 32 For City Name Kasia T orjanowska Title Park Planning Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 Phone No. 760-268-4726 For Contractor Name Alexandra Martini Title Environmental Planner Address 605 Third Street Encinitas, CA 92024 Phone No. 760-479-4267 Email amartini@dudek.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes[gl NoO 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the services, the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version 6/12/18 5 May 19, 2020 Item #4 Page 13 of 32 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version 6/12/18 6 May 19, 2020 Item #4 Page 14 of 32 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /II /II /II /II /II Ill /II Ill /II /II /II /II /II /II /II /II /II /II City Attorney Approved Version 6/12/18 7 May 19, 2020 Item #4 Page 15 of 32 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (J2/,~- (sign here) By: Dudek Chrl;Dn~e~oore Chief Financial Officer (prir()udskitle) CITY OF CARLSBAD, a municipal corporation of the State of California Mayor ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BYJ;/#r~ ...,Dep tty Attorney City Attorney Approved Version 6/12/18 8 May 19, 2020 Item #4 Page 16 of 32 EXHIBIT "A" SCOPE OF SERVICES TASK 1: PROJECT INITIATION AND DESCRIPTION It is assumed that an Initial Study/Mitigated Negative Declaration (IS/MND) will provide the appropriate level of CEQA compliance. Dudek will coordinate a meeting with the design team, including Dudek's design and engineering team, to initiate the CEQA process; review project background, plans, and existing conditions on and around the project site; identify data needs and the approach to technical studies; and to identify existing project information, data, and schedule for the CEQA process. This step can be completed once the total disturbance area is understood in order to initiate necessary technical studies to allow them to be prepared in parallel. Dudek will prepare a detailed project description that includes: • Project objectives • Project site description (existing conditions) • Proposed on-site improvements to existing facilities, including the footprint of disturbance • Construction activities and anticipated phasing • Anticipated operational characteristics • Required approvals and permits The project description will include maps and figures that identify the project location and existing conditions. TASK 2: PROJECT MANAGEMENT Dudek considers the project management task as utmost in importance. We believe that a focused, well-managed effort by Dudek, the City, and the entire consulting team will be the key to achieving the processing goals for this project. Our scope of work devotes a generous amount of time to project management, because it is our experience that providing this a greater level of focus can result in substantial time and cost savings, as contrasted with a less focused and more prolonged project entitlement effort. This task includes time for the Dudek project manager to oversee the budget, scheduling, and implementation, as well as organizing and overseeing preparation of environmental documents. The project manager will be responsible for facilitating timely completion of each task, within the contracted budget, while verifying that the product meets the City's needs. The project manager will be responsible for tracking the budget, schedule, and scope of work to facilitate efficient use of resources. TASK 3: PUBLIC OUTREACH Dudek's team includes Kearns & West to assist with the public outreach and involvement. Not only has Kearns & West Principal and Senior Facilitator Joan Isaacson worked closely with the City Attorney Approved Version 6/12/18 9 May 19, 2020 Item #4 Page 17 of 32 City's communication team and departments on multiple projects, but she and her team have also conducted public involvement programs on projects involving trails, parks, open space, and coastal wetland conservation planning and CEQA review. All of these projects have involved "multi-pronged" approaches, starting with preparation of a public involvement objectives and plan, and including the types of activities identified in the RFP -stakeholder interviews and meetings, community workshops, popup/onsite events, online surveys, website content, informational materials and video, social media, and input documentation and synthesis. For Hub Park, they anticipate an approach guided by several considerations: • A participatory process that solicits input that can meaningfully inform trail design while balancing habitat objectives and other project needs; • Customized, innovative, and enjoyable activities to engage both perspective trail users and other community members and stakeholders who may have questions, ideas and/or concerns; • Assessment of need for focused outreach to community members who are underserved with parks and recreation facilities and underrepresented in prior outreach efforts; • Use of detailed "logistics plans" that cover the who, what, why, how, and when for engagement events for successful implementation and effective multi-department/consultant team collaboration; and • Seamless integration with the City's ongoing public outreach and involvement programs, including incorporation of proven best practices for Carlsbad, communication channels, and City branding and voice. TASK 4: SURVEYING Dudek has teamed with San Dieguito Engineering (SOE) to provide survey and base mapping services. SDE's services will include conducting topographic survey base upon aerial survey using the city datum showing one-foot contours and prominent surface features. Supplemental topography field survey will also be conducted at the trail connection points and other critical sections determined during the conceptual design process. SOE will also prepare a base map showing the topographic survey with record boundary and right-of-way information. TASK 5: RIGHT-OF-WAY AND EASEMENT EVALUATION A. Property Appraisal and Coordination of the Public Access Easement 1. Property Appraisal: Bender Rosenthal Incorporated (BRI) will prepare an appraisal of a portion of land for easement acquisition for public access. The report will be prepared in conformance with and subject to the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute, which fully incorporate the Uniform Standards of Professional Appraisal Practice (US PAP) of the Appraisal Foundation. Plats and legal descriptions, appraisal maps, or property owner exhibits for each of the properties to be appraised will be provided to BRI by others. As this is a complex appraisal, the BRI Appraiser will be a MAI Appraiser with a minimum of ten (10) years of appraisal experience. BRI will engage our Research Team to identify potential comparable properties and other information to City Attorney Approved Version 6/12/18 10 May 19, 2020 Item #4 Page 18 of 32 support the appraiser. The appraiser will then investigate zoning, land use, and potential impacts the project may have on the subject property. BRI will develop the Notice of Intent to Appraise (NOi) letter, and upon approval of the City's Project Manager, will send the NO ls to all owners of record. Note that we find that an NOi letter is more likely to be opened by a property owner if in a City envelope. If necessary, the Appraiser will coordinate staking of the proposed acquisition areas with the City Project Manager and survey consultant prior to the inspection. Property owners will be given the opportunity to accompany the appraiser at the inspection. The appraiser will review the market and find the most comparable market information from which to determine the value of the acquisition and severance damages/benefits (as applicable) given the definition of fair market value in the California code of Civil Procedure, Section 1263.320. Each comparable will be confirmed with market participants by the BRI team and observed in the field. After completing the appraisal process, findings will be reported in a detailed narrative appraisal report. BRI will provide a narrative appraisal report within 12 weeks of the Notice to Proceed, final plats and legal descriptions, and a copy of the proposed easement document. 2. Coordination of the Public Access Easement: Once the appraisal report is complete, BRI will commence coordination with the City and SDG&E to acquire a public access easement. Due to our work with PG&E, SCE and SDG&E, we are very familiar with the California Public Utilities Commission (CPUC) 851 process and the necessary approval and application timelines. BRI will work with the City to draft an offer to acquire the easement from SDG&E. Upon submission, the request will be reviewed by SDG&E's internal 851 panel, who would be responsible for determining if the request should be routed through the CPUC approval process. If needed, BRI will work with the City to prepare a draft purchase and sale agreement (or other agreement, at the discretion of SDG&E) in order to facilitate the 851 process. The City will then be required to sign this agreement before SDG&E can submit an 851 Advice Letter explaining to the CPUC the history and necessity for additional rights. The CPUC will have 120 days to accept or deny the request. SDG&E cannot counter-sign the agreement until it is approved by the CPUC. In total, the process may take up to twelve (12) months, depending upon which reviews are required, as determined by SDG&E. As the 851 process is complex, BRI also suggests a thorough review of the City's current lease to determine if there are other methods by which to acquire the necessary rights. For example, BRI recently assisted SDG&E in amending an easement in order to avoid the 851 process, consequently mitigating the need for additional review and accelerating the project schedule. 3. Coordination with stakeholders: BRI is available, as needed, to assist City staff in facilitating dialogue with all stakeholders. Starting the process with a positive message, a clear plan, and robust, transparent communication not only sets the tone for the process but builds trust with the stakeholders and affected property owners as we move through the appraisal and acquisition processes. BRI has implemented this method of early engagement in numerous projects, and this philosophy has improved settlement rates, decreased need for condemnation, improved collaboration between the project and community, and can provide significant cost savings to the City. Regardless of the venue-large presentation formats, personal or neighborhood meetings, public workshops, project hearings-SRI field agents perpetually seek to engage with property City Attorney Approved Version 6/12/18 11 May 19, 2020 Item #4 Page 19 of 32 owners and the community to answer questions, address concerns, and identify win-win solutions. We can provide any level of effort the team decides is appropriate for this project. TASK 6: TECHNICAL STUDIES The following technical review tasks, Tasks 6-1 through 6-6, would be prepared to support the CEQA analysis and preparation of the IS. It should be noted that Dudek would review all existing technical studies that have been previously prepared for adequacy prior to moving forward with any of the studies identified below. In some cases, existing studies may be adequate for CEQA compliance or may require a "refresh" or only minimal update, such as a brief memo stating that no changes have occurred, to be adequate for CEQA purposes. TASK 6-1: BIOLOGICAL RESOURCES ASSESSMENT 1. Vegetation Mapping: Dudek biologists will map the existing vegetation communities within the proposed Project site and immediately adjacent to planned trails, directly onto 200-scale (1 inch = 200 feet), digital orthographic maps or using a mobile device application in accordance with the City of Carlsbad Trails Master Plan Mitigation Monitoring and Reporting Program (MMRP) Mitigation Measure BIO-1. Dudek will map vegetation communities and land covers based on the Draft Vegetation Communities of San Diego County (Oberbauer et al. 2008). Community classifications will be selected based on site factors, descriptions, distribution, and characteristic species present within an area. Information such as dominant species and their associated cover classes, aspect, canopy height, and visible disturbance factors will be recorded to describe the stand. In some areas, the vegetation communities observed in the field may not match those described in Oberbauer et al. (2008). In these instances, Dudek will generate additional site- specific vegetation community or land cover classifications. A Dudek GIS technician will create a GIS coverage. 2. Rare Plant Surveys: Dudek will conduct a focused survey for rare plants in accordance with the City of Carlsbad Trails Master Plan MMRP Mitigation Measure BIO-2. If the results of vegetation mapping identify potential impacts to suitable habitat for sensitive plant species, focused surveys for special-status plants, including narrow endemic species identified by the City's HMP, will be conducted. The rare plant survey will be conducted in accordance with established survey protocols: the California Native Plant Society (CNPS) Botanical Survey Guidelines (CNPS 2001 ); the California Department of Fish and Wildlife's (CDFW's) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018); and USFWS General Rare Plant Survey Guidelines (Cypher 2002). Dudek will conduct reference population checks for selected target species to determine appropriate timing of rare plant surveys. Dudek assumes that all species can be adequately surveyed in two survey passes. If special-status botanical resources are encountered, Dudek botanists will record location data and assess population numbers using GPS hand-held devices or mobile applications. The surveys will be floristic in nature; all species encountered will be identified to a taxonomic level sufficient for determining status. 3. Focused Wildlife Surveys: Dudek will conduct focused wildlife surveys in accordance with the City of Carlsbad Trails Master Plan MMRP Mitigation Measure BIO-3. If the results of vegetation mapping identify potential impacts to suitable habitat for special-status wildlife species, then City Attorney Approved Version 6/12/18 12 May 19, 2020 Item #4 Page 20 of 32 focused surveys for special-status wildlife will be conducted. Based on an initial review, there is suitable habitat for the following species that may require focused surveys: least Bell's vireo, southwestern willow flycatcher, California gnatcatcher, pond turtle, burrowing owl, Ridgway's rail, Belding's savannah sparrow, snowy plover and least terns. Wildlife corridor study -Dudek will also implement a wildlife corridor study to document wildlife usage under and around Cannon Road and the lagoon. Methods will include the placement of motion and heat triggering cameras at strategic locations during the fall and winter periods. Dudek assumes that no vernal pool resources will be affected, so no fairy shrimp surveys would be required. Dudek also assumes that no focused surveys will be required for Pacific pocket mouse since trapping has been conducted in the area and it is generally thought that this species has been extirpated south of Camp Pendleton. Dudek assumes that with implementation of avoidance, minimization, and mitigation measures that no wildlife permitting will be required for federal or state-listed species that are not covered by the HMP. 4. Jurisdictional Delineation: A jurisdictional delineation of "waters of the United States," including wetlands, under the jurisdiction of the County, U. S. Army Corps of Engineers, CDFW, and Regional Water Quality Control Board (RWQCB) will be conducted within the Project boundaries in accordance with MMRP Mitigation Measure BI0-8. The methods and results of the jurisdictional delineation will be provided in the biological resources report. This scope of work assumes that jurisdictional resources can be avoided through minor redesign and that permitting of impacts to jurisdictional resources will not be necessary. 5. Biological Technical Report: Dudek will prepare a biological technical report documenting the results of the vegetation map, jurisdictional delineation, and focused surveys, in accordance with the City of Carlsbad Trails Master Plan MMRP Mitigation Measure BI0-1. The biological technical report will include a description of direct and indirect impacts and will provide compensatory mitigation as required under the City of Carlsbad Trails Master Plan MMRP BI0- 4. The report will be written in order to support the CEQA document prepared for the project. Graphics will be included to show the location of biological resources on the project site. The report will be prepared in accordance with the requirements of the HMP. 6. Biological Monitoring: Dudek will conduct the following surveys and provide construction monitoring. Nesting Bird and Raptor Surveys: In accordance with the City of Carlsbad Trails Master Plan MMRP BI0-5, Dudek will perform nesting bird surveys prior to construction activities that require the removal, pruning, or damage of any trees, shrubs, and man-made structures during the breeding season (January 15 to September 15). Surveys shall take place no more than seven days prior to the start of construction for a particular project component; therefore, this scope of work assumes weekly surveys. If nesting birds are identified, Dudek biologists will flag and demarcate the locations of the nests and buffers and monitor construction activities. Dudek will provide reporting to document monitoring activities and confirm avoidance of disturbance to active nests or nesting activities from construction activities. City Attorney Approved Version 6/12/18 13 May 19, 2020 Item #4 Page 21 of 32 Construction Fence Monitoring: In accordance with the City of Carlsbad Trails Master Plan MMRP BIO-5, Dudek will perform monitoring of construction fencing where work would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for sensitive species. Dudek assumes that the fencing installation will be monitored periodically during construction and at completion to confirm avoidance of environmentally sensitive areas. Dudek will provide monitoring reporting to document work. TASK 6-2: CULTURAL RESOURCES ASSESSMENT Based on provided information, the project would require a cultural resources study that meets local (City of Carlsbad}, CEQA, and Section 106 of the National Historic Preservation Act (NHPA) requirements. Dudek will complete a records search from the North Central Information Center (NCIC) with a half-mile buffer, Native American Heritage Commission (NAHC) Sacred Lands File search, Native American information outreach, intensive-level pedestrian survey, and preparation of a negative County and federally-compliant format report. Dudek has completed previous investigations in the vicinity, and may have records search information that can be re-applied to the present project, assuming minimum standards are met in terms of records search buffer and the age of the search. Dudek will request a Native American Heritage Commission (NAHC) Sacred Lands File search, and will follow-up with NAHC-listed Native American representatives requesting additional information by letter and by phone. Field Survey: Field personnel will conduct an intensive-level pedestrian survey using transects no wider than ten to fifteen meters. High probability areas and subsurface exposures will be given special attention. All previously recorded sites (both prehistoric and historic) will be relocated. For the purposes of the proposal, Dudek assumes that the inventory will identify no previously recorded or newly recorded cultural resources within project limits. Should any resources be encountered during the survey that require recordation, Dudek will work with the City to augment this scope and cost as appropriate. Report: A survey report will be prepared to meet federal, state, and local standards. This will include an abstract, table of contents, project description, regulatory framework, all consulted sources, field methodology, setting, and findings. The report will also provide mitigation measures and recommendations as appropriate. Maps, including a large-scale map with project boundary and Waters of the United Stated boundaries (as available}, will be included. In order to satisfy County requirements, Dudek will also review the area for paleontological sensitivity. A formal paleontological records search is not anticipated to be required given that the project area falls within a geologic formation that is not suitable to support the formation of fossilized material. TASK 6-3: AIR QUALITY, GREENHOUSE GASES, AND ENERGY ANALYSIS Air Quality. Dudek will prepare the air quality section of the MND for the proposed project utilizing the significance thresholds in the San Diego Air Pollution Control District's (SDAPCD) CEQA Air Quality Handbook. Dudek will estimate emissions associated with the construction and operational phases of the project using the most recent version of California Emission Estimator Model (CalEEMod) Version 2016.3.2. The emission estimates will be based on the information provided by the Hub Trail Plan team, City Attorney Approved Version 6/12/18 14 May 19, 2020 Item #4 Page 22 of 32 including (but not limited to) the project description, site layout, anticipated average daily traffic, construction schedule, and other construction related data. Dudek will evaluate the significance of the project emissions based on the SDAPCD's proposed air quality significance thresholds. Additional Appendix G thresholds will also be evaluated, including the potential for the project to expose sensitive receptors to substantial pollutant concentrations, to result in other emissions, such as odors, or to impede attainment of the current SDAPCD air quality plan. Details of the analysis (e.g., daily criteria air pollutant emission calculations) will be included in an appendix to the IS/MND. Greenhouse Gases. An assessment of greenhouse gas (GHG) emissions associated with the project will be prepared. This assessment will include a brief description of global climate change, summary of the scientific fundamentals of the topic, and relevant regulatory measures. Dudek will calculate the GHG emissions associated with construction and operational phases of the proposed project using CalEEMod. Emission calculations will be based on the same assumptions utilized in the Air Quality analysis. Dudek will assess the significance of the proposed project with respect to the Appendix G thresholds; specifically, whether the implementation of the proposed project would generate GHG emissions that may have a significant impact on the environment or would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. As the City's Climate Action Plan is no longer a qualified GHG reduction plan under CEQA Guidelines Section 15183.5, Dudek will work with the City to identify the appropriate significance thresholds. Consistency with AB 32 will be qualitatively assessed, and "sustainable" characteristics of the proposed project will be identified. Details of the analysis (e.g., emission calculations) will be included in the appendix. Energy. Dudek will prepare an energy assessment for the project per Appendix G of the CEQA Guidelines. Based on Appendix G, the impact analysis will assess if the project would (1) result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation, and (2) conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Petroleum consumption will be estimated using CalEEMod and based on the same equipment and vehicle assumptions assumed in the air quality and GHG emissions analysis. Project elements that would reduce the project's energy demand during construction and operations will be identified in the analysis and quantified as available. Dudek assumes that the applicant will provide a list of the project's energy conservation measures prior to initiating air quality and GHG emissions modeling, as the energy analysis will be prepared consistent with the emissions modeling assumptions. TASK 6-4: NOISE ANALYSIS Dudek will conduct an environmental noise and vibration assessment for the propose of incorporation into the subsequent IS/MND. The analysis will identify and discuss applicable noise exposure standards at the local, State, and Federal levels. Potential temporary and permanent noise impacts associated with the proposed Project at nearby sensitive receptors will be predicted and evaluated against the applicable thresholds. Dudek will develop and execute a noise level monitoring program to quantify the existing ambient acoustical conditions in the Project vicinity. The existing ambient noise monitoring program is anticipated to include noise level measurements at up to three (3) locations; incorporating short- City Attorney Approved Version 6/12/18 15 May 19, 2020 Item #4 Page 23 of 32 term (i.e. 10-15 minutes) measurements at up to two (2) locations and long-term (i.e., 24-hour) monitoring at one (1) location. Potential construction noise (temporary noise) at nearby noise-sensitive land uses will be evaluated using construction noise level prediction methodologies developed by the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and empirical reference noise level data selected at Dudek discretion. Construction noise levels will be discussed with respect to the application of applicable City of Auburn noise level standards. Construction-related vibration will be discussed based on appropriate guidance by the U.S. Department of Transportation, FTA, and Caltrans. On-site operational (a.k.a., stationary) noise associated with the proposed project will be analyzed at nearby noise-sensitive land uses. On-site operational noise sources that will be analyzed and discussed are assumed to include normal recreational and sporting events, and any allowable special events, such as weddings, parties, and community events. The analysis will include up to three sample event/usage scenarios and be based on available reference sound level emission data and information detailing the anticipated activities, event capacities, and restrictions supplied by the project team. TASK 6-5: TRAFFIC ANALYSIS Dudek will prepare a traffic assessment that addresses the CEQA Checklist for the proposed project which anticipates the development of the South Shore Agua Hedionda Lagoon Trail, segment 7C as identified in the adopted Carlsbad Trails Master Plan (TMP). The proposed 2.4-mile trail is located on the south shore of Agua Hedionda Lagoon east of Interstate 5 (1-5), and comprises approximately 2.3 acres of trail development. Per park trip rates from the Institute of Transportation Engineers (ITE), the proposed project (2.3 acres of trail development) would generate approximately 10 a.m. peak hour trips and 8 p.m. peak hour trips during a typical weekday (SAN DAG trip rates show significantly lower trip generation). Based on the relatively low trip generation of the project, transportation impacts will be assessed at a qualitative level consistent with the City's transportation analysis guidelines. In addition, a qualitative assessment of vehicle miles traveled (VMT) of the project will be conducted using the methodology and significance thresholds adopted by the City (if any), or SANTEC/ITE's January 2019 Draft Guidelines for Transportation Impact Studies in the San Diego Region. Dudek will also qualitatively analyze the transit, pedestrian, and bicycle facilities that serve the project site. Project access and on-site circulation will be analyzed for vehicular, bicycle, and pedestrian accessibility. For any significant project traffic impacts found, Dudek will determine appropriate and feasible mitigation measures to offset significant project impacts. The methodologies, assumptions, assessment, findings, and mitigation measures (if any) will be summarized in the Transportation section of the MND. All necessary tables, figures, and appendices will be provided. City Attorney Approved Version 6/12/18 16 May 19, 2020 Item #4 Page 24 of 32 TASK 6.6: PHASE 1 ENVIRONMENTAL SITE ASSESSMENT The Phase I Environmental Site Assessment (ESA) will be prepared in accordance with the ASTM Standard Practice for Environmental Site Assessments: Phase I Site Assessment Process E 1527-13. The Phase I ESA includes review and evaluation of past and current uses of the site for indications of the manufacture, generation, use, storage, and/or disposal of hazardous substances, and evaluation of potential soil and/or groundwater contamination resulting from current and historical land use activities, including those of nearby properties. Specifically, Dudek will perform the following: • Conduct a search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the site or contamination at other sites within the ASTM-specified search radius that could impact the site; • Review historical aerial photographs and historical topographic maps; • Review fire insurance maps and City Directory listings; • Conduct a search for environmental liens for each project parcel; • Conduct a site reconnaissance and document current conditions; and • Interview the owners and/or site representatives regarding the environmental history and background of the site. Dudek assumes copies of any previous environmental investigations including, but not limited to, Phase I ESAs, Phase II investigations, soil sampling reports, or remediation plans, for the site will be provided. Dudek assumes there is access to the site and that contact information for the interviews will be provided. The findings of the investigation will be summarized in a Phase I ESA report. As per the ASTM standard, the report will list recognized environmental conditions (RECs) identified for the site, as well as historical RECs and controlled RECs. If the findings of the Phase I ESA indicate a potential impact of hazardous wastes or materials on the site, the report will also contain recommendations for further assessment and/or investigation. TASK 6.7: VISUAL SIMULATIONS Dudek will create up to three (3) photographic simulations for two alternatives of the Agua Hedionda Lagoon South Shore Trail project. The 3d simulations will use existing site photographs as backgrounds. True scale 3d models are created for the proposed trail improvements then rendered onto the background photographs. The simulations will include proposed grading, trails, vegetation clearing, fencing, railing, footbridges, parking lots, road improvements, signage and landscaping. Landscaping will be shown at approximately 10 years of growth. Photo locations will be taken from public vantage points. The exact locations will be determined after field investigation and City staff recommendation. TASK 6.8: AERIAL SURVEY AND MAP GENERATION Dudek will conduct an aerial survey of the Aqua Hedionda Lagoon Trail project and provide a high-resolution aerial basemap (RGB color value/true color) to document current site conditions, City Attorney Approved Version 6/12/18 17 May 19, 2020 Item #4 Page 25 of 32 allow for digitally mapping existing site conditions and to serve as an aerial base map for future work. Data will be collected by flying a small unmanned aerial system (sUAS/drone) over the approximate 900-acre site. Collected photographic mapping data will be post-processed and converted into a georeferenced composite aerial map compatible for use with ESRI mapping software and CAD software. The final mapping product will be registered at NAO 83 Zone VI coordinates at a minimum resolution of 1-inch per pixel. It is anticipated that 10 flight missions with the sUAS will be sufficient to adequately map the site. The project site location will require coordination with FAA to comply with Part 107 regulations. We do not expect any delays on the project due to the FAA guidelines and anticipate coordination with the FAA can be completed in 5 business days. Compliance: • All flight operations will be conducted by two person crew; an FAA certified remote pilot airman with a sUAS rating and a visual observer. • All flight operations will be conducted in compliance with the requirements of the FAA Part 107 Federal Aviation Regulations (FAA 14 CFR part 107) • The sUAS/drone carries current FAA registration. Assumptions: • This scope of work does not include post-process analysis or digitizing site features. Deliverables: • True Color Orthomosaic JPEG Image that can be opened and utilized in ESRI and CAD software packages. • PDF Mapbook of the project site with orthomosaic as the aerial image. TASK 7 INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Based on the results of the studies and other research conducted by Dudek staff, Dudek will prepare a detailed IS/MND to evaluate all potential impacts of the project, using the current CEQA Guidelines Appendix G Initial Study Checklist. Each section will provide a description of the relevant physical conditions and regulatory requirements; assess the project's impacts; and identify appropriate, feasible, and effective mitigation measures, as needed. Technical studies and other information sources will be referenced in characterizing existing conditions and evaluating potential impacts. As appropriate, the IS will summarize and incorporate relevant information from existing planning and environmental review documents. TASK 7-1: ADMINISTRATIVE DRAFT IS/MND Dudek will prepare an Administrative Draft IS/MND for review and comment by the City. Consistent with CEQA Guidelines, the IS will identify potentially significant environmental impacts associated with project implementation, and, if required, feasible mitigation measures designed to reduce those potentially adverse impacts to less-than-significant levels. Analysis and substantiating documentation will be provided to support all environmental checklist responses and conclusions, including the inclusion of high-quality, full-color exhibits. All environmental impact areas outlined in the CEQA Guidelines Appendix G Environmental Checklist will be City Attorney Approved Version 6/12/18 18 May 19, 2020 Item #4 Page 26 of 32 analyzed. The findings of all technical studies prepared for the proposed project (Task 6-1 through 6-5) will be summarized and incorporated into the IS to support the significance determinations. TASK 7-2: SCREENCHECK DRAFT IS/MND AND MITIGATION MONITORING PLAN Based on discussions and written comments on the IS from the City and the project team, Dudek will make edits to the Administrative Draft IS/MND and prepare a Screencheck Draft IS/MND and Mitigation Monitoring Plan (MMP). The MMP will specify timing, performance, and monitoring requirements for each mitigation measure identified in the IS. The Screencheck Draft will be submitted to the City for review and any final edits in preparation for public circulation. TASK 7-3: DRAFT IS/MND AND MMP Dudek will make final edits to the IS/MND and MMP and prepare the Draft IS/MND and MMP for public circulation. Dudek will also prepare the following: • Notice of Intent (NOi) for posting at the County Clerk's Office and City of Carlsbad's website, on the project site and/or publication in a local newspaper, and for distribution to anyone who has requested notice; • Notice of Completion (NOC) will be filed with the State Clearinghouse along with required copies of the Draft IS/MND and MMP; • Electronic copy of the IS/MND and MMP for posting to City's website; and • Two (2) printed copies of the Draft IS/MND and MMP (if necessary). Dudek will submit documents and notices to the State Clearinghouse and will file the NOi with the County Clerk's office. TASK 7-4: FINAL IS/MND AND MMP Dudek will review and respond to any comments received on the draft document and revise the document as necessary. Dudek will consult with The City regarding any substantive comments and, if warranted, prepare written responses to substantive comments and/or a memorandum discussing the public comments. Dudek will submit the responses to comments and revised document (if applicable) the City in electronic format for review. Dudek will budget for up to 15 individual comments on the document. TASK 7-5: HEARING AND NOTICE OF DETERMINATION Dudek will prepare supporting materials as necessary for the Planning Commission and City Council hearings for consideration of the proposed project and environmental document and will be available to present a summary of the findings, respond to questions, and participate in the meeting as necessary. Following approval, Dudek will prepare a Notice of Determination (NOD) and file it with the County Clerk and State Clearinghouse. The City will be responsible for CEQA review fees required to be paid to CDFW at the time of filing the NOD. City Attorney Approved Version 6/12/18 19 May 19, 2020 Item #4 Page 27 of 32 TASK 8: TRAIL DESIGN AND CONSTRUCTION DOCUMENTS The proposed trail alignment will be evaluated from an environmental resources perspective to establish site constraints and opportunities for recreation use and resource interpretation. An analysis will be performed to evaluate potential biological impacts to wetlands, waters of the U.S. or other sensitive habitats, and/or impacts to sensitive plant and wildlife species that might result from the proposed trail alignment and associated built recreational improvements. (Note: During the trail alignment design process, impacts to anticipated sensitive habitats and species will be considered and will be minimized and/or avoided to the greatest extent possible, thus reducing, if not eliminating the need for mitigation/compensation for impacts. 8.1 DESIGN DEVELOPMENT Dudek will develop a final design for the trail system that will be environmentally sensitive while practical from an engineering perspective to meet the recreational needs and goals of the City and the public. The design will evolve through a schematic design phase, where a final alignment and configuration for the trail and associated improvements will be determined. The schematic design will be developed up to a 30% level for City review and comment. Once the schematic design has been agreed to and approved by the City, Dudek will proceed into the detailed construction document phase as further outlined below. 8.2 30% SCHEMATIC DESIGN DEVELOPMENT DRAWINGS: Dudek will prepare 30-percent schematic design development drawings consisting of progress plans and outline specifications. Drawings will include, at a minimum, all major plans and schematic sections necessary to communicate the design intent. The limits of construction will be defined and a detailed project description will be developed to describe all project elements for environmental review and permitting needs. It is assumed that the trail will be designed to direct stormwater runoff to adjacent revegetation areas. Where drainage into natural habitat areas is necessary, secondary bioswales and earthen catchment areas will be utilized to help prevent erosion and avoid downstream impacts. All swales and catchment areas will be designed to occur immediately outside of native habitat areas and will be revegetated for consistency with adjacent native habitat/plant communities. Trails will be designed utilizing permeable surfaces, such as decomposed granite surfaces, and where applicable, designed and constructed to be hydraulically disconnected from paved street and roadway drainage systems. Therefore, the project will be exempt from Priority Development Project (PDP) stormwater requirements. A Standard Project Requirement Checklist Form E-36 will be prepared as well as a drainage report. Plans will include 30% engineering drawings, as well as 30% landscape/revegetation drawings. Work will also include preparation of outline specifications and development of a preliminary cost estimate. Deliverables: • 30% construction drawings (i.e., plans and sections) • Outline Specifications in CSI format • Preliminary estimate of construction cost City Attorney Approved Version 6/12/18 20 May 19, 2020 Item #4 Page 28 of 32 • Digital files of full and half size plans (scalable) • Drainage Report and Standard Project Requirement Checklist Form E-36 Project Schedule - A project schedule will be developed with the anticipated milestones from schematic design through construction. Presentation Exhibits -Dudek will prepare up to three schematic presentation exhibits (i.e., plan view drawings) during the schematic design phase for use by the City in public meetings. 8.3 CONSTRUCTION DOCUMENTS Dudek will prepare construction documents for the proposed trail improvements. These plans will utilize all surveying, topographic, and hydrology information gathered for the site. This information will be used as the base information for the construction documents. The construction documents will provide construction-level detail to implement the approved schematic 30% design intent. It is assumed that the engineering grading plans and improvement plans will be prepared for the proposed soft surface trail elements that are proposed for the project. It is assumed that there will be no hard surface elements, including buildings, paved gathering areas or paved trail sections. It is also assumed that will be no elevated boardwalks, bridges, segmental or poured in place retaining walls, or concrete stairway structures that would be required. These hard surface elements could be included as additional service to the contract if so desired. The construction documents will show the plan view layout of the trail, with dimensions provided to define the horizontal layout of the trail. The vertical alignment of the trail will be defined on the grading plans and through the construction details and notes for the trail construction that would be included in the plan set. The construction documents will also show locations for project interpretive signage, prefabricated trail elements, and trail fencing and edging where appropriate, and as agreed to by the City. 60-Percent Design Submittal: Dudek will prepare a 60-percent design submittal consisting of drawings, specifications and cost estimate. Drawings will include, at a minimum, all major plans and sections developed for the geometric/horizontal control and vertical design, drainage design and the portion of details, including details on the connection points to Cannon Road and the 1-5 bridge. The plan set will also include standard title sheet, notes, and other general plan information. Specifications and a supplemental provisions manual shall include a table of contents and major specification sections substantially completed. It is assumed that only minor edits/revisions will be required to the Standard Project Requirement Checklist Form E-36 prepared in the 30% design. City comments from the 30-percent plans will be included with a response to comments matrix. Deliverables: • 60% construction drawings (i.e., plans and sections) • Complete set of specifications and supplemental provisions manual • Estimate of construction cost • Digital files of full and half size plans (scalable) City Attorney Approved Version 6/12/18 21 May 19, 2020 Item #4 Page 29 of 32 • Drainage Report and Standard Project Requirement Checklist Form E-36 (PDF version) 90-Percent Design Submittal: Dudek will prepare the 90-percent progress submittal construction documents that will include drawings, specifications, and construction cost estimate. The design will be further refined from the 60-percent to include more details on the accessible path of travel, ramps, amenity details, drainage details, utility connection (as applicable), and analysis of quantities. All City comments from the 60 percent progress submittal will be addressed or resolved prior to the 90-percent submittal package. Drawings shall have all plans and section complete and all details substantially completed. Specifications shall be completed with only minor coordination issues as the outstanding priority item. The 90-percent progress submittal shall include the engineer's opinion of probable construction cost estimate on the contractor's bid proposal form with detailed backup. It is assumed that the design will not significantly change, so the Standard Project Requirement Checklist Form E-36 prepared in the 60% design will not need to be revised. Deliverables: • 90% construction drawings (i.e., plans and sections) • Complete set of specifications and supplemental provisions manual • Estimate of construction cost • Digital files of full and half size plans (scalable) • Drainage Report (PDF version) Final Design Submittal: Dudek will develop and submit a Final construction document submittal package consisting of drawings, specifications, and construction cost estimate. The drawings and specifications shall be stamped and signed by a professional engineer of the appropriate engineering discipline and a registered Landscape Architect (RLA) registered in the State of California. In addition, the Final submittal will address or resolve all City comments from the 90-percent progress submittal package. It is assumed that the design will not significantly change, so the Standard Project Requirement Checklist Form E-36 prepared in the 60% design will not be required. Dudek will also attend a meeting with the City to obtain their approval of the Final submittal package and to explain or answer any remaining questions or issues. Upon resolution of all City review comments, the Final signed drawing set will be submitted to the City for approval and will consist of a Mylar full size plan set and two sets of full size plans printed on bond. A bound set of the specifications will be submitted with the plans. In addition, Dudek will submit the final electronic files to the City on as follows: • AutoCAD files of the entire construction drawing set • A single scalable PDF file of the entire construction drawing set • MS Word version of the specifications • MS Excel version of the estimate of construction cost • Drainage Report and Standard Project Requirement Checklist Form E-36 (PDF version) Contract Bidding Phase: Dudek will provide support to the City for the bidding and construction contract procurement process and will provide support by addressing technical contractor questions during bidding, developing amendment documents, and evaluating bid results. The City Attorney Approved Version 6/12/18 22 May 19, 2020 Item #4 Page 30 of 32 issuance of bid documents, plans, specifications, and any addenda shall be performed by the City. Parking Lot Design (Optional Task) As an optional task, Dudek will include the design of a parking lot in the construction design submittals (plans, specifications and cost estimate). The parking lot is assumed to be 10 spaces total, including 1 ADA space and 1 EV charging station and located at the trail head. It is assumed the parking lot would include pervious parking spaces (porous pavers or similar type material) and the drive aisles would be paved. The improvements include grading, pavement design include pervious pavement design with necessary Standard SWQMP stormwater quality calculations, and electrical design for the EV charging station. TASK 9 CONSTRUCTION ADMINISTRATION AND BID ASSISTANCE Dudek support continues through the construction phase by providing a wide range of services as needed by the City, including contractor submittal review, addressing requests for information (RFl's), specialized construction inspection, and complete construction management services. The Dudek team will respond to design related RFl's, project submittals and shop drawings. TASK 10 CONSTRUCTION MONITORING Trail Construction Monitoring and Habitat Restoration/Revegetation Monitoring: Dudek will assist the City with the implementation and construction oversight and will perform construction monitoring and reporting during the installation period. Dudek will attend pre-construction and project coordination meetings, will conduct site visits during construction, will document all visits with site observation reports, and will attend the final walk-through including preparation of the final punch list. This work will help the City verify construction compliance with the intent of the construction documents, will help assure that the goals for the project are being achieved and that any resource agency permit conditions are abided by during the installation period. At successful completion of the installation period, Dudek will also prepare a final letter to the City, with copies provided to other applicable parties, as directed by the City. The report will acknowledge completion of the installation phase and the start of the 120-day plant establishment maintenance and monitoring period. Once the project has been deemed complete, Dudek engineers, landscape architects and GIS specialists will review the redline construction plans and prepare the record "as-built" plans for archive by the City and for updating the City's geographical information system (GIS). City Attorney Approved Version 6/12/18 23 May 19, 2020 Item #4 Page 31 of 32 COST OF SERVICES All work will be billed on a time-and-material basis in accordance with the Dudek 2020 Standard Schedule of Charges. Direct costs are billed in addition to labor costs at cost plus 15% and include such items as volume reproduction, photographs, mileage, and deliveries. Changes to the Scope of Work are permissible provided they are reviewed and approved by City staff in advance and substantially conform to the Request for Proposals. Additional as-needed services must be preapproved by the City. 1: Project Initiation and Description $ 6,905 2: Project Management $ 16,555 3: Public Outreach $ 51,490 4: Surveying $ 43,290 5: Right-Of-Way and Easement Evaluation $ 25,330 6: Technical Studies $117,570 7: Initial Study and Mitigated Negative Declaration $ 40,375 8: Trail Design and Construction Documents $165,660 9: Construction Administration & Bid Assistance $ 8,120 10: Construction Monitoring & As-Builts $ 25,750 11: Direct/Reimbursable Expenses $ 7,050 Total Labor & Direct Costs: $499,975 As-Needed Additional Services, subject to approval $ 10,000 GRAND TOTAL i 5091975 City Attorney Approved Version 6/12/18 24 May 19, 2020 Item #4 Page 32 of 32 2020 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director ........................................................ $290.00/hr Principal Engineer Ill.. . ...................................... $270.00/hr Principal Engineer II.. .. $260.00/hr Principal Engineer I ................................................... $250.00/hr Program Manager.. . ..................... $235.00/hr Senior Project Manager ............................................. $235.00/hr Project Manager. . ............... $230.00/hr Senior Engineer Ill . . .............. $225 00/hr Senior Engineer II .................. $215.00/hr Senior Engineer I . $205.00/hr Project Engineer IV/Technician IV.. . ..................... $195.00/hr Project Engineer Ill/Technician Ill. . .......... $185.00/hr Project Engineer II/Technician II. . ................. $170.00/hr Project Engineer I/Technician I. ................................. $155.00/hr Senior Designer.. . ......... $175.00/hr Designer.. . $165.00/hr Assistant Designer.. . .............. $160.00/hr GADD Operator 111 ..................................................... $155.00/hr GADD Operator II.. . ....................... $145.00/hr GADD Operator I... . ...................... $130.00/hr GADD Drafter ........................................................... $120.00/hr GADD Technician.... . .... $110.00/hr Project Coordinator.. . .................. $135.00/hr Engineering Assistant .............................................. $115. 00/hr ENVIRONMENTAL SERVICES Project Director ..................................................... $245. 00/hr Senior Specialist IV ................................................... $230.00/hr Senior Specialist Ill. . .................................. $220.00/hr Senior Specialist II. . $200.00/hr Senior Specialist I. . ..................... $190.00/hr Specialist V ............................................................... $180.00/hr Specialist IV.. . ............. $170.00/hr Specialist Ill ............................................................... $160.00/hr Specialist II. . ..... $145.00/hr Specialist I. . ..... $130.00/hr Analyst V. . .................. $120.00/hr Analyst IV. .. $110.00/hr Analyst Ill.. . ................. $100.00/hr Analyst II .................................................................... $90.00/hr Analyst I... . ........................................................... $80.00/hr Technician V. . ..... $100.00/hr Technician IV .............................................................. $90.00/hr Technician Ill.. . $80.00/hr Technician II.. . ................................................... $70.00/hr Technician I . . ...................... $60 00/hr Compliance Monitor.. . $95.00/hr DATA MANAGEMENT SERVICES GIS Programmer I.. . .................... $185.00/hr GIS Specialist IV ...................................................... $160.00/hr GIS Specialist 111.. . ............ $150.00/hr GIS Specialist II ......................................................... $140.00/hr GIS Specialist I. . .......................................... $130.00/hr Data Analyst Ill .......................................................... $100.00/hr Data Analyst II.. . ....................................................... $90.00/hr Data Analyst I.. . ....................... $80.00/hr UAS Pilot.. . ................... $100.00/hr CONSTRUCT/ON MANAGEMENT SERVICES Principal/Manager.. . . $195.00/hr Senior Construction Manager ................................ $180.00/hr Senior Project Manager ... $165 00/hr Construction Manager.. . ........ $155.00/hr Project Manager.. . .............. $145.00/hr Resident Engineer. . ........ $145.00/hr 25 Construction Engineer.. . .............. $140.00/hr On-site Owner's Representative.. . ...... $140.00/hr Construction Inspector Ill.. . ............................. $130.00/hr Construction Inspector II.. . .............................. $120.00/hr Construction Inspector I.. . .................. $110.00/hr Prevailing Wage Inspector.. . ....... $135.00/hr HYDROGEOLOGY/HAZWASTE SERVICES Project Director .. Principal Hydrogeologist/Engineer II . Principal Hydrogeologist/Engineer I . Sr. Hydrogeologist IV/Engineer IV .. Sr. Hydrogeologist Ill/Engineer Ill. Sr. Hydrogeologist II/Engineer II .. . ......... $285.00/hr . ..... $265.00/hr . $250.00/hr . ...... $235.00/hr . .............. $220. 00/hr . .......... $205.00/hr . .. $190.00/hr . ................... $175.00/hr . ... $165.00/hr . ............. $155. 00/hr Sr. Hydrogeologist I/Engineer I .. Hydrogeologist VI/Engineer VI .. Hydrogeologist V/Engineer V .. Hydrogeologist IV/Engineer IV .. Hydrogeologist Ill/Engineer Ill. .. Hydrogeologist II/Engineer II. Hydrogeologist I/Engineer I. .. Technician ... . ........................ $145.00/hr ........ $135.00/hr . ...................... $125.00/hr . ....... $100.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager .. . .... $195.00/hr District Engineer .. Operations Manager District Secretary/Accountant ... Collections System Manager .. Grade V Operator ... Grade IV Operator .. Grade Ill Operator .. Grade II Operator .. Grade I Operator .... Operator in Training .. Collection Maintenance Worker II . Collection Maintenance Worker I . CREATIVE SERVICES 30 Graphic Artist Graphic Designer IV .. Graphic Designer Ill.. Graphic Designer II. .. . Graphic Designer I. .. . PUBLICATIONS SERVICES Technical Editor Ill. Technical Editor II .. Technical Editor I .. Publications Specialist Ill. .. Publications Specialist II . Publications Specialist I .. Clerical Administration .. . ............. $185.00/hr ................ $160.00/hr . .................. $120.00/hr . ............................. $135.00/hr . ....... $125.00/hr . .... $110.00/hr . .................... $100.00/hr . .. $75.00/hr . ............ $70.00/hr . . $65.00/hr . ........ $75.00/hr . ..... $65.00/hr .$180.00/hr . ....... $160.00/hr .. $145.00/hr . $130.00/hr . ........ $115.00/hr . .... $145.00/hr . .................... $130.00/hr . .... $115.00/hr . $105.00/hr . ......... $95.00/hr . . $85 00/hr . ................ $90.00/hr Forensic Engineering -Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates Emergency and Holidays -Minimum charge of two hours will be billed at 1. 75 t1 mes the normal rate Material and Outside Services -Subcontractors, rental of special equipment, special reproductions and bluepnnting, outside data processing and computer services, etc., are charged at 1 15 times the direct cost Travel Expenses -Mileage at current IRS allowable rates Per diem where overnight stay 1s involved is charged at cost Invoices, Late Charges -All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1 % per month of the outstanding balance until paid 1n full Annual Increases-Unless identified otherwise, these standard rates will increase 3% annually The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the nght to adJust its rates accordingly City Attorney Approved Version 6/12/18