HomeMy WebLinkAbout2020-05-19; City Council; Resolution 2020-089EXHIBIT 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
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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,
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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,
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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-
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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.
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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,
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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
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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.
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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
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• 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)
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• 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
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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).
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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
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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