HomeMy WebLinkAbout2020-11-03; City Council; Resolution 2020-212RESOLUTION 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
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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;
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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.
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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)
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Nov. 3, 2020 Item #4 Page 9 of 29
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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
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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.
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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.
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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.
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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.
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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 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
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BY:
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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• 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
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