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HomeMy WebLinkAbout2020-11-03; City Council; ; A Professional Services Agreement with Schmidt Design Group for Design Services for the Village H South Off-Leash Dog Area and Trail Segment 5BMeeting Date: Nov. 3, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Tim Selke, Parks Services Manager tim.selke@carlsbadca.gov, 760-434-2857 Subject: A Professional Services Agreement with Schmidt Design Group for Design Services for the Village H South Off-Leash Dog Area and Trail Segment 5B Recommended Action Adopt a resolution authorizing a professional services agreement with Schmidt Design Group for design services for the Village H South Off-Leash Dog Area and Trail Segment 5B (Capital Improvement Program Project No. 4610) in an amount not-to-exceed $445,000, and appropriating $80,000 in additional funds from the Public Facilities Fee Fund. Executive Summary Staff released a request for qualifications and price proposal for design services for the Village H South Off-Leash Dog Area and Trail Segment 5B on July 2, 2020. The request outlined a scope of work divided into five categories: environmental compliance, project approval process, design, contract bidding and construction administration. All design firms submitting responses were asked to include a proposed cost of services. Staff ranked Schmidt Design Group’s response submittal and presentation equally high to that of a competing firm, and its proposed cost of services was $9,399 lower than that of the other firm. This item is before the City Council because Carlsbad Municipal Code Section 3.28.060.D.5. requires the council to be the awarding authority for procurement of professional services that will cost the city more than $100,000 per agreement year. Discussion Background The Village H property was transferred to the city on May 7, 2019, as part of a legal settlement agreement between Preserve Calavera, Quarry Creek Investors, LLC, and the City of Carlsbad involving the Quarry Creek housing project. Upon transfer of the deed, the city completed remedial work within the property to allow public access to the historic public use trail through Village H South. Before the city acquired the property, many community members had been using the southern portion of the privately-owned property as an informal, unpermitted off- leash dog area. Since the date the city accepted the transfer of the Village H property, it has prohibited the off-leash dog use. Dogs are not permitted in city-owned open space, except in designated off-leash dog parks, and on city trails – provided they are attached to a 6-foot maximum length leash. Nov. 3, 2020 Item #4 Page 1 of 29 The community expressed a desire for off-leash dog use to be allowed at Village H South. The City Council then directed staff to conduct public outreach to engage residents in the development of a plan to integrate an off-leash dog run as part of the property. A community meeting was held on June 29, 2019, at the Calavera Hills Park Community Center and an online survey was available until July 28, 2019, for those members of the public who couldn’t attend the meeting. Based on the community input received and the opportunities and constraints of the site, four community input options and one staff option of concept plans for an off-leash dog area were developed and presented to the City Council on Dec. 10, 2019. In response, the City Council directed staff to narrow consideration of the concept plans to the staff option, to meet with Preserve Calavera members to hear their option and then find a hybrid of the two options within two months and return to the City Council. Staff worked with Preserve Calavera to develop a hybrid concept plan that included an off-leash dog area, while protecting sensitive habitat and providing for wildlife movement through Village H South. On April 14, 2020, the City Council voted unanimously to move forward with the ‘Village H South – Staff and Preserve Calavera Option’ concept plan for an off-leash dog area [Exhibit 2]. Project description The project consists of the construction of an approximately 1-acre, fenced, off-leash dog area, a 22-space parking lot and a small restroom facility. The project also includes construction of the proposed trail connection to Tamarack Avenue, identified in the Carlsbad Trails Master Plan as part of Trail Segment 5B – Village H South Trail and reflected on the “Village H South – Staff & Preserve Calavera Option” concept plan. The approximately one-third mile trail will start at Tamarack Avenue, run north along a private driveway to the city-owned utility property at 2402 Tamarack Ave., turn west between the city- owned utility property and the adjacent RV storage lot and ascend toward the existing Village H South trail. The entire trail, including the new connection to Tamarack Avenue, will be maintained by the city. The area east of the off-leash dog area will remain open space, outside of the area protected by the Habitat Management Plan, and will be maintained by the city through weed abatement and routine monitoring intended to allow native vegetation to remain. Environmental and cultural impacts related to the development of Trail Segment 5B have been reviewed in the Trails Master Plan’s initial study/mitigated negative declaration. As required by the Mitigation Monitoring and Reporting Program, project-level environmental review is anticipated as part of the design phase for the trail. The off-leash dog area, parking lot and restroom facility are also subject to California Environmental Quality Act review. A biological survey will be conducted to verify potential direct and indirect impacts to sensitive biological resources. In addition, a project-level cultural resources record search and consultation with the appropriate entities will be conducted. Coordination with state and federal resource agencies will also occur as part of the environmental review and permitting process. Nov. 3, 2020 Item #4 Page 2 of 29 Professional services agreement Staff released a request for qualifications and price proposal (No. 20-04) for design services for the Village H South Off-Leash Dog Area on July 2, 2020. The request included a scope of work divided into the following phases: 1. Environmental compliance a. Cultural and biological resources analyses b. California Environmental Quality Act document c. Proposed trail alignment d. Proposed off-leash dog area, restroom and parking lot 2. Project approval process a. Permit coordination b. Meetings and presentations 3. Design development a. Schematic design b. Construction documents 4. Contract bidding phase 5. Construction administration a. Biological monitoring b. Project management All design firms submitting responses to the request were to include a detailed cost of services for the project in a separate sealed envelope. On Aug. 5, 2020, the following five firms submitted a response to the Request for Qualifications and Price Proposal: Schmidt Design Group, In-Site Landscape Architecture, C2 Collaborative, Hirsch & Associates and SB&O, Inc. Each design firm’s qualifications were reviewed and ranked by a four-member selection committee of Parks & Recreation Department staff, using the following weighted evaluation. Village H South – Design firm response - evaluation criteria POINTS Specialized experience, technical competence, references & past performance 45 Capacity to accomplish work in the required time 25 Personnel 25 Location/knowledge of local environment 5 Total points 100 Schmidt Design Group, In-Site Landscape Architecture and C2 Collaborative ranked the highest in the response evaluation. Those three firms were invited to provide a presentation on their proposed services to the selection committee. After the presentations, the selection committee ranked two firms – Schmidt Design Group and In-Site Landscape Architecture – equally high. The price proposal of each firm was then opened. Schmidt Design Group’s price proposal was $424,381, and In-Site Landscape Architecture’s price proposal was $433,780. The city is not obligated to enter into a professional services agreement with a design firm based strictly upon the lowest submitted price proposal. The weighted evaluation system and presentation process noted above allows the selection committee to recommend the award of Nov. 3, 2020 Item #4 Page 3 of 29 a professional services agreement to the design firm considered to be the best qualified to provide the requested services at a reasonable price. It was apparent to the committee that the two highest ranking firms had vast experience in similar projects and were well-qualified to provide top quality design services to the city. However, Schmidt Design Group’s price proposal was $9,399 lower than the competing firm’s price proposal. Staff is recommending inclusion of $20,619 to the agreement for as-needed services. The environmental compliance, project approval and design development phases of the project will require approximately two years to complete. However, additional time may be necessary due to unforeseen circumstances. Therefore, staff is recommending award of the agreement as a two-year term, in a not-to-exceed amount of $445,000, with one two-year term extension. Village H South - Schmidt Design Group - Cost of services Price proposal for design services $424,381 Additional as-needed services $20,619 Total cost of services $445,000 Fiscal Analysis The total updated project estimate for the Village H South Off-Leash Dog Area and Trail Segment 5B is $1,327,500. Funding, in the amount of $375,000, was appropriated in the Fiscal Year 2020-21 Capital Improvement Program budget, for design and environmental consultant services. Staff is recommending an appropriation of $80,000 in additional funds from the Public Facilities Fees Fund, in conjunction with authorizing the professional services agreement with Schmidt Design Group. Funding for project’s construction, currently estimated at $872,500, will be requested for appropriation in a future Capital Improvement Program budget cycle. Village H South Off-Leash Dog Area and Trail Segment 5b - CIP Project No. 4610 Design estimate - current appropriation $375,000 Design estimate to actual - additional appropriation needed $80,000 Construction estimate - to be appropriated in a future CIP budget cycle $872,500 Total project estimate $1,327,500 Village H South Off-Leash Dog Area and Trail Segment 5b – CIP Project No. 4610 Staff costs related to design $10,000 Professional services agreement related to design $445,000 Total estimated costs related to design $455,000 Current appropriation $375,000 Additional appropriation needed $80,000 Nov. 3, 2020 Item #4 Page 4 of 29 Next Steps With the City Council’s approval, staff will schedule a kick-off meeting with Schmidt Design Group to commence the design services for the project. Environmental Evaluation (CEQA) Authorizing a professional services agreement for design services on a future park is statutorily exempt from the California Environmental Quality Act under Guidelines Section 15262 - Feasibility and Planning Studies. The proposed Trail Segment 5B is consistent with the Carlsbad Trails Master Plan. On August 28, 2019, the City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Report Program for the Trails Master Plan (City Council Resolution No. 2019- 150) that analyzed the overall Trails Master Plan at a programmatic level. As required by the monitoring and report program, a project-specific environmental review is required as part of the design phase for the trail. Awarding this agreement would allow Schmidt Design Group to provide the services needed to conduct a project-specific environmental review for Trail Segment 5B. The project-specific environmental review will also include the other features of this project, such as the off-leash dog area, the parking lot and the restroom facility, which were not included in the previous mitigated negative declaration analysis. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Resolution 2. “Village H South – Staff & Preserve Calavera Option” concept plan Nov. 3, 2020 Item #4 Page 5 of 29 RESOLUTION NO. 2020-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SCHMIDT DESIGN GROUP FOR DESIGN SERVICES FOR THE VILLAGE H SOUTH OFF- LEASH DOG AREA AND TRAIL SEGMENT 5B (CIP PROJECT NO. 4610), AND APPROPRIATING $80,000 IN ADDITIONAL FUNDS FROM THE FROM THE PUBLIC FACILITIES FEE FUND WHEREAS, the Village H property was transferred to the city on May 7, 2019 as part of a legal settlement agreement between Preserve Calavera, Quarry Creek Investors, LLC, and the City of Carlsbad; and WHEREAS, upon transfer of the deed, the city completed remedial work within the property to allow public access to the historic public use trail through Village H South; and WHEREAS, as a result of the community's desire for off-leash dog use to be allowed on the property, the City Council directed staff to conduct public outreach to engage residents in the development of a plan to integrate an off-leash dog run as part of the Village H property; and WHEREAS, on April 14, 2020, the City Council voted unanimously to move forward with the "Village H South - Staff & Preserve Calavera Option" concept plan for an off-leash dog area; and WHEREAS, the project consists of the construction of an approximately 1 acre fenced, off-leash dog area, a 22-space parking lot and a small restroom facility; and WHEREAS, the project also anticipates the construction of a portion of Trail Segment 5B — Village H South Trail; and WHEREAS, environmental and cultural impacts related to the development of Trail Segment 5B have been reviewed in the Trails Master Plan's Initial Study/Mitigated Negative Declaration, adopted by the City Council on Aug. 27, 2019; and Nov. 3, 2020 Item #4 Page 6 of 29 WHEREAS, as required by the Mitigation Monitoring and Reporting Program, project-level environmental review is anticipated as part of the design phase for the trail; and WHEREAS, the off-leash dog area, parking lot and restroom facility are also subject to California Environmental Quality Act review; and WHEREAS, on July 2, 2020, staff released a request for qualifications and price proposal for design services for the Village H South Off-Leash Dog Area; and WHEREAS, on Aug. 5, 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 three 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 ranked two firms equally high; and WHEREAS, Schmidt Design Group's price proposal of $424,381 was $9,399 lower than that of the competing firm's proposal; and WHEREAS, the selection committee is recommending the inclusion of $20,119 to the agreement for as-needed services; and WHEREAS, staff is recommending award of the agreement as a two-year term, in a not-to- exceed amount of $445,000 with one optional two-year term extension; and WHEREAS, the total updated project estimate for the Village H South Off-Leash Dog Area and Trail Segment 5B is $1,327,500; and WHEREAS, funding, in the amount of $375,000, was appropriated in the FY 2020-21 Capital Improvement Program Budget, for design and environmental consultant services; Nov. 3, 2020 Item #4 Page 7 of 29 WHEREAS, staff is recommending appropriating $80,000 in additional funds from the Public Facilities Fund in conjunction with the authorization of the professional services agreement; and WHEREAS, the City Planner has considered the potential environmental effects of the agreement for design services and determined that the agreement will not have a significant effect on the environment as this action will secure funds for design services and not commit the City to any future course of action. 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 Schmidt Design Group for design services for the Village H South Off-Leash Dog Area, in a not-to-exceed amount of $445,000 for a two-year term, attached hereto as Attachment "A". 3. The Administrative Services Director or his/her designee is authorized to appropriate $80,000 in additional funds from the Public Facilities Fund. 4. 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 one additional two-year term. 5. That the professional services agreement for design services is statutorily exempt from the California Environmental Quality Act under Guidelines section 15262 - Feasibility and Planning Studies. 1/ Nov. 3, 2020 Item #4 Page 8 of 29 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3rd day of November, 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor BARBARA ENGLESON, City uerk (SEAL) 0011111111-1111110, " 9A114 - 0 ......... •••.41% •-• ,17 , C.) Nov. 3, 2020 Item #4 Page 9 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB Attachment A AGREEMENT FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR VILLAGE H SOUTH SCHMIDT DESIGN GROUP, INC. THIS AGREEMENT is made and entered into as of the 3rd day of November , 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Schmidt Design Group, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in landscape architectural design services. B. Contractor has the necessary experience in providing professional services and advice related to landscape architectural design services for Village H South Off-Leash Dog Area. 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 (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional two-year period 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 four hundred forty-five thousand dollars ($445,000). 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". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed City Attorney Approved Version 6/12/18 Nov. 3, 2020 Item #4 Page 10 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB during design and preconstruction such as inspection and land surveying wock, 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, 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. City Attorney Approved Version 6/12/18 2 Nov. 3, 2020 Item #4 Page 11 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB 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 project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of 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. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 6/12/18 3 Nov. 3, 2020 Item #4 Page 12 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB 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 Providinq 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 Nov. 3, 2020 Item #4 Page 13 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB For City For Contractor Name Kyle Lancaster Name Jeffrey T. Barr Title Parks & Recreation Director Title Principal Department Parks & Recreation Address 1111 Sixth Avenue, Suite 500 City of Carlsbad San Diego, CA 92101 Address 799 Pine Avenue, Suite 200 Phone No. 619-236-1462 Carlsbad, CA 92008 Email jtbarr@schmidtdesign.com Phone No. 760-434-2941 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 IZ No 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. 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 Nov. 3, 2020 Item #4 Page 14 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB 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 Nov. 3, 2020 Item #4 Page 15 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB 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. /// /// 11/ /// /// /// /// III /// /// /// /// /// /// /// /// /// /// /// City Attorney Approved Version 6/12/18 7 Nov. 3, 2020 Item #4 Page 16 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: Oft-9 t 601^ 41//t (sign here)Mayor Jeffery T. Barr / Vice President (print name/title) ATTEST: By: at s-ttumik- (sign here) REn fNe- BARBARA ENGLESON netDI/7 c City Clerk Glen Schmidt / Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 0/ / 4/0 016 Diep Iity Attorney City Attorney Approved Version 6/12/18 8 BY: Nov. 3, 2020 Item #4 Page 17 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB EXHIBIT "A" SCOPE OF SERVICES TASK 1: PROJECT START UP 1. Project Start Up. The design team will hold a kick-off meeting with City staff and key members from various City departments to further define the goals and objectives for the project. The proposed project schedule will be evaluated and refined based on City staff feedback. We will verify the strategy for the successful delivery of the project with City staff. Protocol for team communication will be outlined to ensure efficient channels of communication are employed throughout the duration of the project. 2. Documentation Review & Data Collection. We will review all available reference materials and City requirements including the City's General, Calavera Hills Master Plan, Landscape Ordinance, Environmental Requirements and other historic documents found on the City's website. 3. Topographic Survey. The team will prepare a topographic survey of the site at one-foot contour intervals at 1:10 scale using our team's surveyors to collect design level details on existing topography, property boundary, existing utilities, and any other necessary field survey data to prepare a comprehensive base plan. The survey will be per City of Carlsbad ROS 17271. 4. Geotechnical Investigations. A geotechnical investigation will be performed by the team's geologist which will include field mapping and a subsurface investigation in the areas of the proposed improvements. They will subcontract a mini excavator in order to excavate four to six (4 to 6) geotechnical test pits across the site. Test pits will extend to depths between 5 to 10 feet below ground surface in the areas of the proposed parking lot and the proposed restroom structure. Each excavation will be logged and sampled for laboratory testing by the geologist. An infiltration study will be conducted in conformance with Appendices C and D of the City of Carlsbad BMP Manual. The geologist will install between two and four (2 to 4) percolation test wells. An exploratory boring will be conducted to a depth of 10 feet below the bottom of the proposed infiltration surface at each BMP location (up to two) to document the soil layers that may affect future infiltration at the site. The team's geologist will conduct percolation testing, and the percolation rates will be converted to infiltration rates using the Porchet Method as described in the BMP Manual. 5. Site Inventory & Analysis. This analysis will consist of a graphic illustration superimposed on the aerial and topographic survey. The site analysis will define opportunities and constraints based on the composition of the site. Key features including unique site topography, site boundaries, sensitive habitat, surrounding context, coastal climatic influences, pedestrian and vehicular circulation patterns, existing vegetation, circulation, and public view corridors. This document will inform the preparation of the schematic design. City Attorney Approved Version 6/12/18 9 Nov. 3, 2020 Item #4 Page 18 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB TASK 2: ENVIRONMENTAL COMPLIANCE 1. Cultural Resources Report. Our team will conduct a cultural resources assessment of the project site. The assessment will include a cultural resources records search at the South Coastal Information Center using a 1-mile buffer, a search of the sacred lands file at the Native American Heritage Commission, and a pedestrian field survey. Per Mitigation Measure CUL-2 in the Trails Master Plan Mitigation Monitoring and Reporting Program, the area should be considered sensitive for cultural resources and a cultural resources field survey is required. Any resources identified during the survey will be documented on California Department of Parks and Recreation 523 site record forms. Historic aerial imagery indicates that no buildings greater than 45-years in age occur within or within the vicinity of the project site, and a built resources assessment will not be required. Because the project occurs in a paleontologically sensitive geologic formation (Eocene marine rocks) and because the project has the potential for ground disturbance, the team will request a paleontological fossil locality check from the San Diego Natural History Museum. Following completion of background studies and field survey, our cultural resources staff will prepare a cultural resources technical report, which will include a brief overview of the prehistoric and historic contexts of the project area, a discussion of the methodologies and findings of the studies, and recommendations for any additional work or mitigation that may be required. The report will be prepared according to CEQA and Office of Historic Preservation guidelines and will be used to support the CEQA environmental document. 2. Biological Resources Report. The team's qualified biologist will complete a biological reconnaissance survey and prepare a Biological Letter Report pursuant to the City of Carlsbad Guidelines for Biological Studies (TAIC, 2008 and as amended). The biological survey area will include the project site, which consists of the historic trail, off-leash dog area, parking lot, and proposed trail connection to Tamarack Avenue, plus a 150-foot buffer. The survey will consist of mapping vegetation communities and mature trees (including size and type); assessing habitat suitability and project impacts to special-status species, including HMP covered species; assessing wildlife movement within the survey area; and documenting the location of any off-site wetlands, riparian habitat, oak woodland, nesting raptors, and narrow endemic species within the survey area. Plant and wildlife species encountered during the survey will be documented and the locations of special-status species will be recorded using a geographical positioning system (GPS) device. Vegetation communities will be mapped and classified in accordance with Oberbauer's Terrestrial Vegetation Communities in San Diego County Based on Holland's Descriptions (1996). A minimum mapping unit of 0.1 acre for uplands and 0.01 acre for riparian communities will be used. In addition to supporting the biological resources report, the mapping resulting from the biological survey will be appropriate for use for the Habitat Management Plan Permit. Specifically, a figure will be developed that shows the location of all major vegetation, showing size and type, both within the project and off-site for a distance of 150 feet. Existing on-site trees will be identified in this figure. For the purposes City Attorney Approved Version 6/12/18 10 Nov. 3, 2020 Item #4 Page 19 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB of this exhibit, the "project area" will include the off-leash dog area, areas of trail realignment, and parking lot and other facilities. Based on a literature review, coastal California gnatcatcher (CAGN) has been documented by California Natural Diversity Database (CNDDB) within 0.25 miles of the project site and suitable CAGN habitat occurs within the project area. While it is highly likely that protocol surveys for this species should be conducted, assurance of the appropriateness of including this scope item cannot be determined until the reconnaissance survey is complete. For this reason, this item has been excluded from this base scope of work. If required, CAGN surveys would be conducted after authorization of the Optional Task. A rare plant survey will be performed in mid-spring (approximately May) to capture peak blooming period of potential special-status plant species that may occur on-site, including thread-leaved brodiaea (Brodiaea filifolia), San Diego thornmint (Acanthomintha ilicifolia), Wiggins cryptantha (Cryptantha wigginsii), or other annual species that may occur. Any special-status plant species observed will be mapped using a GPS unit. Biological survey results will be incorporated into the Biological Letter Report. The report will include a literature review of existing resources, survey methodology, results of surveys conducted, and an analysis of potential avoidance, minimization, and mitigation measures. 3. Draft Initial Study/Mitigated Negative Declaration. The team will prepare an Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Village H South project that complies with CEQA and all applicable guidance and procedures established by the City for the purpose of environmental review. The IS/MND will be initiated once the project description and design is stable (significant changes to the footprint, area of impact, or size are not anticipated). It is expected that this milestone will be after the schematic design phase. The Administrative Draft IS/MND will contain a complete project description based upon information provided by design team and City. The IS/MND will include the results of the technical analyses any additional information necessary to supplement and substantiate environmental impact conclusions. Project- specific mitigation measures will also be provided, if required, to reduce potential project impacts to less-than-significant levels. After the team has prepared the Administrative Draft IS/MND, it will be provided to the City for review (via electronic submittal). Upon completion of the City's review, the team will respond to the comments on the Administrative Draft IS/MND and complete necessary revisions, which will be incorporated into the Screencheck Draft IS/MND. After the City has reviewed the Screencheck Draft IS/MND, the team will incorporate any final revisions and produce a printcheck of the Public Review Draft IS/MND to be provided to the City for a final review. Once the City has confirmed the printcheck is accurate, the team will provide an electronic version of the Public Review Draft IS/MND and associated appendices, in Word and PDF versions. The team will prepare the Notice of Intent and facilitate mailing City Attorney Approved Version 6/12/18 11 Nov. 3, 2020 Item #4 Page 20 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB and submission to the State Clearinghouse and applicable agencies, organizations and individuals, as well as filing of the Notice of Intent with the County Clerk. 4. Final Initial Study/Mitigated Negative Declaration. After the 30-day public review period is completed, the team will consolidate all comments, prepare responses to comments, and develop a Final IS/MND, which will include the Mitigation Monitoring and Reporting Program. The team will provide responses to all public and agency comments that raise substantive environmental issues associated with the proposed project. This scope of work assumes approximately 5 comment letters (or fewer) of modest detail and complexity, up to two pages each, will be submitted during the public review period (or comments requiring a similar level of effort to respond to). After City review, the team will finalize the IS/MND. The team will prepare an electronic copy of the Final IS/MND and Notice of Determination (NOD), in Word and PDF versions. The team will facilitate the filing of all applicable CEQA notices including the NOD upon project adoption by the City. TASK 3: PROJECT APPROVAL PROCESS The team will navigate the project approvals process through the City of Carlsbad. Much like our work in processing the Conditional Use Permit for Buena Vista Park, we will complete the following efforts to obtain preliminary project approval. We anticipate the Schematic Design/30% Plans (Task 4) will be the basis for the required planning submittals. I. Habitat Management Plan Permit. We will prepare a habitat management plan for the project. The submittal will be in conformance with the requirements identified in the City's Habitat Management Plan Permit — Minor P-17. 2. California Environmental Quality Act. Refer to Task 2 for detailed description of draft and final IS/MND. 3. General Plan Amendment. SDG will make focused modifications to the City's General Plan; Chapter 4 Open Space, Conservation, and Recreation. We anticipate modifying existing maps and text to incorporate this new facility into the overall General Plan open space designations. We anticipate the project will be identified as a "Special Use Area" per the General Plan. The team assumes the City will provide the General Plan and associated graphics in an editable file format. The creation of new exhibits is not anticipated. 4. Calavera Hills Master Plan Amendment. SDG will make focused modifications to the Calavera Hills Master Plan. We anticipate modifying existing maps and text to incorporate this new facility into the overall Plan. The team assumes the City will provide the Master Plan and associated graphics in an editable file format. The creation of new exhibits is not anticipated. City Attorney Approved Version 6/12/18 12 Nov. 3, 2020 Item #4 Page 21 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB 5. Conditional Use Permit. We anticipate the project will be required to comply with a CUP Process. The team will complete all required forms and coordinate with the City Planning Department. Supporting plans and graphics will also be provided. 6. Hillside Grading Permit. The team will complete Hillside Grading Permit. The following documentation will be provided beyond what is already required for the CUP: • Form P-5, Hillside Development Permits Requirements • Slope Analysis • Slope Profiles • Assurance of Accurate Hillside Mapping 7. Application Revisions. One round of minor revisions is anticipated for each of the permit applications identified above. 8. Park & Recreation Commission Presentation. The design team will meet with the Park & Recreation Commission to present the project for approval. 9. Planning Commission Presentation. The design team will present the final plan to the Planning Commission for approval. 10. City Council Presentation. The design team will present the final plan to City Council for adoption. 11. City Meetings. We will meet with the City throughout the project duration. A total of ten (10) meetings attended by two (2) SDG staff are anticipated. TASK 4: DESIGN DEVELOPMENT Design development plans will be prepared at 1:20 scale, in black, and white, and appropriately labeled. The conceptual site plan will be color rendered for presentation purposes. SCHEMATIC DESIGN 1. Project Schedule. We will prepare a comprehensive project schedule identifying all project field investigations, milestones, and deliverables. The schedule will be prepared concurrently with Task 1. 2. Conceptual Site Plan. We will prepare one (1) conceptual plan for the project based on input from the City and team. The plan will take numerous considerations into account including the Staff & Preserve Calavera Option, environmental field investigations, and topographic survey results. The plan will be color rendered and labeled. One (1) image board will be prepared to communicate materiality, landscape character, and overall intent of the experience. 3. Plant Palette. We will prepare one (1) preliminary plant palette for the project. The palette will provide common name, botanical name, and recommended installation sizes. City Attorney Approved Version 6/12/18 13 Nov. 3, 2020 Item #4 Page 22 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB 4. Renderings. We will prepare a series of three (3) illustrative renderings for the proposed design. Two (2) eye level views and one (1) birds eye view will be prepared. Views will be provided to the City for approval prior to development. A total of one (1) minor round of revisions is included. 5. City Meeting. We will meet with the City to present the plan and supporting imagery. The plan and imagery will be revised during Design Development per City feedback. 6. Preliminary Grading Plans. We will prepare preliminary grading plans identifying one-foot contours and key spot grades based on the proposed improvements. 7. Construction Plans & Details. 30% design development level plans and details will illustrate the layout and placement of elements including the comfort station, parking lot, dog area, pedestrian trails and fencing. 8. Irrigation Plans. SDG will prepare 30% design development level irrigation plans for the proposed improvements. Plans will illustrate point(s) of connection, mainline routing, valve manifolds, controller locations, and area to be irrigated. Notes, legends, and details will also be provided. 9. Landscape Plans & Details. We will develop 30% design development level plans will indicate the locations, sizes, and species of all planting landscape materials. Details will be provided or reference appropriate City standards. 10. Preliminary Electrical Plans. Preliminary lighting will be illustrated on the Construction Plans. Lighting is anticipated at the parking lot and restroom only. 11. Outline Specifications. SDG will provide outline specifications in City of Carlsbad CSI format. 12. Rough Order of Magnitude Costs. SDG will prepare a rough order of magnitude estimate for the project. 13. Comments. Comments received on the 30% plans will be incorporated into the 60% construction documents. CONSTRUCTION DOCUMENTS The team will provide 60%, 90%, and Final Construction Document deliverables for City review. The construction documents submittal package will include specifications, plans, and cost estimates in City-approved format. Independent public improvement plans are not anticipated. 1. Grading Plans. Plans will identify project horizontal and vertical control, project storm drain system, and wet utility connections to the prefabricated comfort station. The design of booster pumps and or lift stations is excluded. City Attorney Approved Version 6/12/18 14 Nov. 3, 2020 Item #4 Page 23 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB 2. Stormwater Reports. The team will prepare a Storm Water Quality Management Plan and hydromodification calculations. It is assumed the awarded contractor will be responsible for SWPPP preparation. 3. Geotechnical Report. We will prepare a report addressing geotechnical and infiltration conditions encountered on the site, all potential geologic and geotechnical site hazards, as well as recommendations for remedial grading, foundational support of the prefabricated restroom structure, and pavement sections for the parking and pedestrian areas. 4. Construction Plans & Details. Plans and details will illustrate the layout and placement of elements including the parking lot, prefabricated restroom, pedestrian trails, and fencing. 5. Construction Materials & Finish Schedule. The schedule will denote the manufacturer, model number, color, and finish of all proposed park improvements. 6. Electrical Plans & Details. Electrical service, circuiting, and lighting will be illustrated on the plans. Fixture schedules, single line diagrams, Title 24 calculations, and details will also be provided. 7. Structural Calculations. A stamped structural calculations package will be provided supporting the light pole footing and fence design. If retaining walls are required, it is assumed they will comply with regional standards. 8. Landscape Plans & Details. Plans will indicate the locations, sizes, and species of all planting landscape materials. Details will be provided or reference appropriate City standards. 9. Irrigation Plans & Details. Equipment and details will consist of a listing of irrigation system components including irrigation heads, valves, and smart controllers (manufacturer and equipment model numbers). The irrigation system will be designed to meet State and local requirements. 10. Specifications. Project technical specifications will be prepared using City CSI format. It is anticipated that the City will provide the front-end contract bid documents. 11. Estimate of Probable Construction Costs. We will prepare an estimate for the proposed improvements at 60% and 90% submittals. 12. DEH Processing. We will process the irrigation plans through the City and Department of Environmental Health for reclaimed water use. A total of one (1) round of minor revisions is included. 13. Final Permitting. Plans will be submitted to the City for final permitting. A total of two (2) rounds of review and revisions are anticipated to obtain final permit approval. It is assumed that the 90% submittal will constitute the first permit submittal. City Attorney Approved Version 6/12/18 15 Nov. 3, 2020 Item #4 Page 24 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB TASK 5: CONTRACT BIDDING PHASE The team will attend the pre-bid meeting and provide an overview of the project's proposed improvements. The team will be available to provide responses to bidder inquiries and release Addenda. TASK 6— CONSTRUCTION ADMINISTRATION Construction support is a critical step in the design process as it allows the team to verify the vision and design intent of the project is being implemented. The design team will verify contractor's conformances to the drawings and specifications throughout the construction process. The methods and materials to accomplish the work will be the responsibility of the contractor. The following services will be provided. 1. Requests for Information & Submittals. The team will review and provide responses to RFI's and contractor submittals throughout the duration of construction. 2. Flat Work/Concrete. The team will conduct site visits to assess the forms, samples, and finishes of the project flatwork. 3. Irrigation Main Line & Construction Progress. It is assumed the City Engineer will be present and approve of the irrigation mainline pressure test. 4. Irrigation Coverage Test. A site visit will be conducted to observe the installed irrigation system and sprinkler coverage testing. A Field Report indicating corrections and incomplete work will be prepared for distribution. 5. Tree, Shrub, & Groundcover Layout. The team will review plant placement. The contractor shall lay out plant material for approval prior to installation. 6. Pre-Maintenance Walkthrough. A walkthrough will be conducted after the 100%completion of the hardscape, plant, and irrigation system installation. The design team will conduct a pre-maintenance walkthrough with the contractor and generate a punch list of revisions for completion. 7. Final Walkthrough. A final walkthrough will be conducted after the contractor verifies the corrections of the punch list items. The result of the final walk through will be final approval of the landscape and irrigation work. 8. Site Visits: The team will be available for the following site visits. Each site visit will be followed by a detailed punch list of items to be corrected and/or completed. • SDG: Ten (10) site visits • Chen Ryan: One (1) site visit • Alagia Engineering: One (1) site visit City Attorney Approved Version 6/12/18 16 Nov. 3, 2020 Item #4 Page 25 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB 9. As-Built Plans. Final as-built plans will be prepared based on a single set of contractors redlined plans. OPTIONAL TASK - GNATCATCHER SURVEYS Suitable CAGN habitat occurs in the project area; therefore, protocol surveys for this species may be necessary. Per 1997 U.S. Fish and Wildlife Service (USFWS) Coastal California Gnatcatcher Presence/Absence Survey Guidelines protocol requirements, a total of three surveys would be conducted by a USFWS-permitted biologist from February 15 and August 30, at least one week apart. Surveys would be conducted in appropriate habitat within the project site and associated 200-ft buffer. Per protocol requirements, a report would be submitted to USFWS and California Department of Fish and Wildlife within 45 days following the completion of surveys. A draft report detailing the results of the surveys would be prepared and submitted to the City for review within four weeks of the completion of surveys. The report would comprise all required information, including the number, age, and sex of all CAGN, as required. A pre- survey notification letter would also be provided to USFWS at least 10 days prior to the anticipated survey start date. OPTIONAL TASK — TAMARACK AVENUE CROSSING 1. The team will expand the limits of the survey to capture both sides of Tamarack Avenue where the anticipated trail crossing is to occur. This includes an ADA level topographic survey including top of curb, bottom of curb, and back of sidewalk. 2. The team will design an ADA crossing in Tamarack Avenue at the trail crossing. This will include ADA ramps, striping, and, if desired by the City, solar powered warning lights identifying the crossing. Hard wired warning systems are excluded. ASSUMPTIONS • No more than one cultural resource requiring documentation will be identified within the project site. If resources are found, any additional studies that might be required, such as resource evaluation, would be conducted under a separate scope and cost estimate. • A Native American monitor will not be required for the field survey. • Aside from the sacred lands file search, the team will not conduct any additional Native American outreach, including Native American consultation required by Assembly Bill 52. • Off-site areas within the 150-foot buffer will be visually surveyed from publicly accessible areas for the purposes of vegetation mapping and indirect impact evaluation. Comprehensive lists of plant species within the adjacent residential, Carlsbad Municipal Water District, and RV storage area will not be provided. • Based on a literature review and working knowledge of the site, no wetlands or waters are expected to be present within the project site; therefore, no jurisdictional delineation City Attorney Approved Version 6/12/18 17 Nov. 3, 2020 Item #4 Page 26 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB will be required. Though considered unlikely, should any potential wetlands/waters be identified during the biological reconnaissance survey, the City will be immediately notified and an additional scope of work and fee for a jurisdictional delineation would be recommended. • Minimal use of diesel-fueled heavy-duty equipment. Since the use of heavy-duty equipment in the vicinity of sensitive uses to the west would be limited ESA does not recommend a quantitative health risk assessment of toxic air contaminant impacts. ESA will provide a qualitative analysis based on the minimal level of toxic air contaminant emissions and compliance with standard best management practices. • Based on the screening criteria included in the City's Draft Vehicle Miles Traveled (VMT) Analysis Guidelines (https://cityadmin.carlsbadca.gov/civicax/filebank), a quantitative VMT analysis is not required. The proposed project is expected to qualify for VMT screening under the "Small Projects" and/or "Local-Serving Retail and Similar Land Uses." • City comments on the Administrative Draft IS/MND are expected to be editorial in nature, and not require additional detailed quantitative analysis. • The team will prepare the Notice of Intent and facilitate mailing and submission to the State Clearinghouse and applicable agencies, organizations and individuals, as well as filing of the Notice of Intent with the County Clerk. • The City will be responsible for paying the CDFW CEQA review fees. • Newspaper notices or public mailings are not included. • Approximately 5 comment letters (or fewer) of modest detail and complexity, up to two pages each, will be submitted during the public review period. This limitation is flexible and is intended to characterize a "rough equivalency" in relation to the level of effort necessary to respond to the comments. • The team will facilitate the filing of all applicable CEQA notices including the NOD upon project adoption by the City. • Any walls surrounding the parking lot / building will be standard materials. Wall profiles are not included. • Water, storm drain, and sewer capacity analysis of existing utilities is excluded. • The scope assumes all wet utilities are readily available in Victoria Avenue. • Utility profiles are excluded. • Traffic control plans are excluded. City Attorney Approved Version 6/12/18 18 Nov. 3, 2020 Item #4 Page 27 of 29 DocuSign Envelope ID: C7948A66-E1A2-4422-9F15-1F9A0E11D8EB • Wet and dry utilities will be provided to within five feet of the restroom building. Utility design of the restroom is excluded. • The restroom facility will be a prefabricated or pre-engineered system (Romtec or similar) and permitted by the awarded contractor. • Community meetings and/or workshops beyond those identified herein. • This scope of services anticipated utilizing the existing on-site trail configurations and alignments to the extent possible. • Separate habitat mitigation plan submittals are excluded. • The design of interpretive signage is not anticipated. COST OF SERVICES All work will be billed on a time-and-material basis in accordance with the Schmidt Design Group 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 Start Up $68,235 2: Environmental Compliance $84,722 3: Project Approval Process $38,172 4: Design Development $182,555 5: Contract Bidding Phase $4,425 6: Construction Administration $38,272 Direct/Reimbursable Expenses $8,000 Total Labor & Direct Costs: $424,381 As-Needed Additional Services, subject to approval $20,619 GRAND TOTAL $445,000 City Attorney Approved Version 6/12/18 19 Nov. 3, 2020 Item #4 Page 28 of 29 On site parking lot and drive aisle Security fencing keeping dogs within off leash area Modified alignment of historic trail segment Double gate to off leash dog run Modified alignment of historic trail segment Segment of historic trail removed to accommodate off leash dog run Restroom Facility VILLAGE H SOUTH - STAFF & PRESERVE CALAVERA OPTION EXHIBIT 2 Nov. 3, 2020 Item #4 Page 29 of 29 Tammy Cloud-McMinn From: Sent: To: Subject: All Receive-Agenda Item #I For the Information of the: CITY COUNCIL rbto hie; 1,-"TE CM 4e-ACM p•-CM (3) Sunday, November 1, 2020 12:13 PM City Clerk Village H Offleash Trail Project (submitted for inclusion in Nov 3 public comment section) Dear Mayor and Council Members, I understand that the Village H offleash dog project will be coming to council on the consent calendar later this fall and wanted to present what I think is an opportunity. To start with I'll give a short history of key milestones, as best I can recall them. Milestone ID Description Month Comment 1 City Council Kickoff Apr 2019 After the city assumed ownership of the property 2 Public Input Mtg #1 July 2019 This was a very introductory meeting approximately 100 community members attended in support of maintaining the offleash dog use at the trail. City staff stated this would be a long process and there would be many opportunities for public input 3 Council Meeting December 2019 In a decision rendered at about 11PM, with at least a dozen community members who waited to attend and speak in this session, council directed staff to work directly with Preserve Calavera in an effort to develop a plan for offleash use, and specifically avoided any public input given or the opportunity for public input into this process. 1 4 Cori Schumacher meeting January 2020 At the request of community members Cori met with a handful of community members at the trail. In response to concerns raised over the express exclusion of community involvement in the process, she explained that the council felt it best to secure an agreement with Preserve Calavera as quickly as possible and that this was the best way to do this. She explained that this was simply to define the "boundaries" of the offleash area and that after this milestone was achieved the council would ensure that the public had the opportunity to give input to the project. She also encouraged meeting with Preserve Calavera and did not recommend meeting with the city staff. 5 Preserve Calavera Meetings March 2020 A small number of meetings were held between myself and other community members and Diane Nygaard of Preserve Calavera. Overall there seemed to be a good conceptual alignment of ideas, indicating that future detail design discussions would be cooperative. 5 City Council Meeting April 2020 At a decision reached after 10PM, Council agreed to approve the "Staff and Preserve Calavera Plan." Once again, after receiving both written and verbal requests for community involvement in the project, it was denied. Second, I'd like to focus on the email communication shown in the appendix, regarding the addition of a secondary access gate to the offleash area at the "far end." The point of this information is to highlight a consistent pattern of behavior, which is as follows: 1) Despite making promises of opportunity for public input to this process on a several occasions, when the time came to actual implement such a policy it was not chosen. 2) City staff is highly proficient at enforcing the council's exclusionary mandate. The reason I bring up these observations is that I have never seen or heard of a (good) design project in which the actual users of the design (the public) are excluded from the ability to provide inputs. I don't want to speculate too much, but I think in this case the council probably believed that the issues at play here were of sufficient complexity that the public would not be able to effectively participate in productive discussions, essentially that the public could not be trusted to not make things worse. 2 A practical problem with this logic is that when the council doesn't trust the very public that it serves, how can it expect to be trusted in kind? One of my favorite mantras is "when your values are clear, you decisions are easy." I've found it to be helpful in many difficult situations. My request to council is simply to consider these facts and reflect upon what values are reflected in the above decisions, and are they the values that the council wishes to promote in their service to the community. I am hopeful that perhaps this reflection could lead to a consideration of ways in which the council might be able to re-kindle a relationship of trust with the Village H offleash community. Thank you for your attention. Tom Watson Oceanside, CA 92056 3 Appendix (email correspondence with Kyle Lancaster) Hello Tom- I hadn't responded because I took your question/request to be rhetorical. I believed the information I had provided in our phone call was sufficient to address your question/request. As discussed during our phone call, and as detailed in the attached docs, on Dec. 10, 2019, the "City Council directed staff to narrow consideration of the concept plans to the 'Staff Option' [Exhibit 2], to meet with Preserve Calavera members to hear their option and then find a hybrid of the two options within two months and return to the City Council." The City Council did not direct staff to include other members of the public to participate in the subject meetings to find hybrid plan. Preserve Calavera has a unique standing in relation to this property, as it was a party to the legal settlement agreement that resulted in the city subsequently acquiring the property and it holds restrictive covenant rights over portions of the property. As indicated below, during those meetings Preserve Calavera concerns were expressed regarding the feasibility of including pedestrian access gates on the southeast corner of the off-leash area. Thus, the hybrid plan did not include such pedestrian access gates. On April 14,2014, the City Council directed staff to "pursue the Staff & Preserve Calavera Option concept plan for an off-leash dog area." Staff revisiting the topic of including the pedestrian access gates would be acting in opposition to the direction provided by the City Council. Thank you. -Kyle From: Sent: Friday, October 16, 2020 10:27 AM To: Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov> Cc: Kasia Trojanowska <Kasia.Troianowska@carlsbadca.gov>; Tim Selke <TIm.Selke@carlsbadca.gov> Subject: RE: Village H Hi Kyle, Can you please let me know your response to the request below to bring this decision point on the back to council? This will help me decide what to do next. Have a great Friday and weekend! 4 Tom From: Sent: Monday, October 5, 2020 6:14 PM To: 'Kyle Lancaster' <Kyle.Lancaster@carlsbadca.gov> Cc: 'Kasia Trojanowska' <Kasia.Troianowska@carlsbadca.gov>; 'Tim SeIke' <TIm.Selke@carlsbadca.gov> Subject: RE: Village H Hi Kyle, This decision is going to penalize many people based purely on lack of trust, and also makes the assumption that those who have enjoyed the use of the trail for so many years are criminals. Who in those discussions had the role to advocate for the actual users of the facility? This is a real shame. It penalizes the trail users as well who want to make loop through the eucalyptus grove rather than the more difficult walk on the lower trail segment. I would like to respectfully request that this point be re-visited as part of the design process, at least brought back to council for specific input. It's hard for me to believe that anybody in their right mind would not want this feature added. Thanks, From: Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov> Sent: Monday, October 5, 2020 11:27 AM To: Cc: Kasia Trojanowska <Kasia.Trolanowska@carlsbadca.gov>; Tim Selke <TIm.Selke@carlsbadca.gov> Subject: RE: Village H Hello Tom- We are planning to install vehicle access gates on northwest corner and the southwest corner of the off-leash area, for maintenance purposes. We are planning to install pedestrian access gates only on the northeast corner of the off-leash area. 5 As discussed, on Dec. 10, 2019, staff was directed by the City Council to meet with Preserve Calavera members to hear their option and then find a hybrid of the it and staffs option for the site's conceptual plan. During those meetings, concerns were expressed regarding the feasibility of including pedestrian access gates on the southeast corner of the off-leash area. Based on the prior several years of unpermitted activity on the site, there were concerns regarding the potential for patrons of the off-leash area to simply open pedestrian access gates at the south end and continue onto the trail with unleashed dogs. Installing pedestrian gates at only the north end is intended to deter such unpernnitted activity and moderate the need for monitoring/enforcement by Park Rangers and other Police Department staff. Take care. -Kyle From: Sent: Saturday, October 3, 2020 8:44 AM To: Kyle Lancaster <KvIelancaster@carlsbadca.gov> Cc: Kasia Trojanowska <Kasia.Troianowska@carlsbadca.gov>; Tim Selke <TIm.Selke@cartsbadca.gov> Subject: RE: Village H Hi Kyle, Thanks again for the discussion a couple weeks back. I sent you that placeholder lunch invite so we won't forget. One thing I forgot to mention but I think is very important. Hopefully you're able to see the snip below. There should be a gate enabling a cross-over from the offleash area to public trail at this location. This is an alternative approach to accomplishing what I was advocating to be accomplished through the shared use plan. It should be a simple matter to add a supplementary ingress/egress area that follows the same design rules as the existing ingress/egress gate can be applied. This seems like a minor detail within the existing design framework that would probably be raised through normal peer review processes, but since I don't know what kind of peer review processes are included in the development plan I'll try to introduce it as early as possible. Hope this makes sense and can be easily implemented. 6 — Double gate to off leash dog run IjI ri JULi rty tenSing keapng dogs wefiri off leash area ' .,...„—Madi6ed alignment of tlistorin trail sogmant 0.1•41. .41•••••,, City Utility Property Best Regards, CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 7