HomeMy WebLinkAboutItem No. 11 PSA Design Murrieta Creek Multi Use Trail ProjectText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-568
Agenda Date: 4/28/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 11)
Page 1 City of Lake Elsinore Printed on 4/23/2020
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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared By: Remon Habib, City Engineer
Date: April 28, 2020
Subject: Professional Engineering Services to Provide Preliminary Design and
Environmental Clearance for the Murrieta Creek Multi-Use Trail Project
Recommendation
Approve and Authorize the City Manager to execute an Agreement for Professional Engineering
Services in the amount of $356,185.78 to Chen Ryan Associates, Inc., plus an additional 10%
contingency, in final form as approved by City Attorney.
Background
The Agreement will authorize Chen Ryan Associates to start preliminary engineering and
environmental studies for the Murrieta Creek Multi-Use Trail. The project will provide for
determination of a preferred trail alignment and CEQA documentation.
The Murrieta Creek Trail is a multi-jurisdiction, active transportation trail that is consistent with
the city’s active transportation plan. It is also consistent with the East Lake specific plan adopted
by the City in 2017. The proposed Murrieta Multi-Use Trail extends between Palomar Street and
the Lake Levee Trail.
Discussion
Chen Ryan Associates will provide engineering services necessary for CEQA documentation
and preferred trail alignment connecting from the Palomar Trail to the Lake Levee Trail. The
engineering services will include preliminary engineering such as alignment analysis, grading,
lighting and wayfinding, topographic survey and mapping, drainage study, right-of-way impact
analysis, and grading. The scope of services also includes Community Outreach Plan that
includes virtual outreach events, social and media engagement for community participation, and
language translation needs.
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Fiscal Impact
Professional Engineering Services Agreement will result into a cost of $356,185.78 plus an
additional 10% in contingency. This work will be funded through the Active Transportation
Program (ATP Cycle 4).
Exhibits
A – Agreement
B – Proposal
C – Trail Location Map
Murietta Creek Trial - Exhibit A Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Chen Ryan Associates, Inc.
Preliminary Design & Environmental Clearance
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of April 28, 2020, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Chen Ryan Associates, Inc., a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Preliminary Design & Environmental Clearance Documents
B. Consultant has submitted to City a proposal, dated March 9, 2020, attached hereto
as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services
to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed Three
Hundred Fifty Six Thousand One Hundred Eighty Five dollars and 78 cents dollars
($356,185.78) without additional written authorization from the City. Notwithstanding any
provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A
shall be reimbursed at cost without an inflator or administrative charge. Payment by City under
this Agreement shall not be deemed a waiver of defects, even if such defects were known to the
City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor’s bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor’s bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Consultant’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Consultant’s prospective or then current personnel
is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
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b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of Consultant’s officers,
employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
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by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant’s services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Consultant and/or its employees, officers, or board
members.
b. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by
law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials,
employees and agents (“Indemnified Parties”) from and against any and all claims, losses,
liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
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by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s
percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the
event any loss, liability or damage is incurred by way of settlement or resolution without a court,
jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties
agree to mediation with a third party neutral to determine the Consultant’s proportionate
percentage of fault for purposes of determining the amount of indemnity and defense cost
reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant
or by any individual or entity for which Consultant is legally liable, including but not limited to
officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to
third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from each
and every sub-consultant or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or
this section.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
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ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be
endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
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ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Chen Ryan Associates, Inc.
Attn: Monique Chen, Principal In-Charge
3900 Fifth Avenue, Ste 310
San Diego, CA 92103
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18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
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24. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
“CONSULTANT”
Chen Ryan Associates, Inc., a Corporation
By: Monique Chen
Its: Principal In-Charge
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
Note: Mark-ups are Not Allowed Subconsultant 2nd Tier Subconsultant
Project No. Z10057 Contract No.Date: 03/09/2020
DIRECT LABOR
Name Hours Actual Hourly Rate Total
Monique Chen, PE 14.00 80.50$ 1,127.00$
Ross Duenas, PE 196.00 66.00$ 12,936.00$
Various 322.00 49.00$ 15,778.00$
Various 234.00 38.50$ 9,009.00$
Various 158.00 26.00$ 4,108.00$
LABOR COSTS
42,958.00$
-$
42,958.00$
INDIRECT COSTS
36,815.01$
f) Overhead (Rate: 91.00%)39,091.78$
h) General and Administrative (Rate: 0.00%)-$
75,906.79$
FIXED FEE 11,886.48$
Quantity Unit Unit Cost Total
1500 miles
$ 0.575 862.50$
50 each $ 2.75 137.50$
10 each $ 1,100.00 11,000.00$
$ $
$$
12,000.00$
123,262.83$
45,823.85$
7,947.84$
36,400.00$
213,434.52$
225,434.52$
356,185.78$
NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
m) TOTAL SUBCONSULTANT COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)]
TOTAL COST [(c) + (j) + (k) + (n)]
1. Key personnel must be martked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).
All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
Test
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1: Helix Environmental
Subconsultant 2: Schmidt Design Group
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting
period and established by a cognizant agency or accepted by Caltrans.
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Description of Item
Mileage Costs
Reproduction
Title Reports
Plan Sheets
Subconsultant 3: Ninyo & Moore
Subconsultant 4: Geocentric
Project Manager*
i) Gen & Admin [(c) x (h)]
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10%
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
d) Fringe Benefits (Rate: 85.70%)e) Total Fringe Benefits [(c) x (d)]
g) Overhead [(c) x (f)]
Analyst
Support / Technician
EXHIBIT 10-H1 COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
Classificaion/Title
Professional
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Prime Consultant
Consultant Chen Ryan Associates, Inc.
Principal*
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PROJECT SCOPE
Chen Ryan and our teaming partners (“the
Consultant”) will provide professional engineering
services for the Murrieta Creek Multi-use Trail
Project. It is understood that the Project will provide
for a trail alignment analysis, community outreach,
determination of a preferred trail alignment, CEQA
documentation, and the development of 30%
Preliminary Engineering Plans as described in the
Request for Proposals. It is assumed that the trail will
be exempt from storm water management and flood
control requirements, and that FEMA map revisions
will not be required. It is further assumed that a
NEPA document will not be required for the Project.
The Scope of Work will be performed in accordance
with the following tasks:
Task 1 • Project Management:
Task 1.1 Kick Off Meeting and Site Walk
The Consultant’s Project Manager will coordinate
with the City to schedule a kick-off meeting with
the design team, the City’s Project Manager, City
staff, and appropriate stakeholders to discuss the
project, establish communication procedures, review
scope and deliverables, confirm the project’s goals
and objectives, review data collected and project
information, and review the project schedule, key
milestones, and anticipated City review times.
The Consultant will also coordinate with the City’s
Project Manager to schedule a field walk with the
kick off meeting attendees following the meeting to
review the existing field conditions and discuss the
trail alignment opportunities and constraints.
Deliverables
• Agenda
• Meeting Minutes
Task 1.2 Subconsultant and Project Coordination
The Consultant’s Project Manager will prepare
contracts and task orders for required Subconsultant
services. This task will also consist of monitoring
Subconsultant progress against budget and
schedule and reviewing monthly Subconsultant
invoices and associated back up.
Consultant will also spend time each month
coordinating with City staff via email and telephone.
Task 1.3 Project Management
The Consultant’s Project Manager will perform
project management and administration services for
the duration of the project (up to nine (9) months), to
the extent budgeted. This work includes monitoring
progress against budget and overall quality
assurance (QA). Specific quality control (QC) efforts
for each deliverable document are included in the
task covering that document.
The Consultant’s Project Manager will also prepare
and maintain (monthly) a critical path project
schedule. The schedule will track the actual progress
of the work against the deadlines identified in the
schedule. The schedule will include scope tasks,
significant work items, deliverable milestones,
agency reviews, and critical path relationships. The
schedule will be submitted to the City’s Project
Manager for the duration of the project.
The Consultant’s Project Manager will also
coordinate regularly with the City’s Project Manager
on schedule and budget updates and will notify
the City if there are any issues and/or decisions that
have the possibility of affecting the schedule or
budget.
Additionally, for the duration of the project the
Consultant will provide monthly invoices showing:
total budget, amount earned in current month,
amount earned to date, and remaining budget
(including percentages) for each task.
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Task 2 • Project Coordination:
Task 2.1 Team Meetings w/ City Staff
The Consultant will attend up to six (6) in-person
meetings with City staff to report on the progress,
budget, status, coordination items, and schedule
performance for the project. For each meeting
the Consultant will prepare an agenda, compile
applicable materials for presentation, prepare
meeting minutes, and track action items resolutions.
Task 2.2 Coordination with Agencies and
Utilities
The Consultant will coordinate with agency
and utility stakeholders involved in the project
throughout the duration of the project, to the extent
budgeted. Coordination with agency and utility
stakeholders includes phone calls and emails, and
up to two (2) in-person meetings. For each meeting
the Consultant will prepare an agenda, compile
applicable materials for presentation, prepare
meeting minutes, and track action items resolutions.
Deliverables
• Agendas
• Meeting Minutes
Task 3 • Review of As-Built Plans and Existing Conditions:
Task 3.1 As-Built Review
The Consultant will review readily available as-built
plans and previous reports provided by the City
as they pertain to the Project. The information will
be verified to the extent possible through visual
observation during the field visits. The Consultant
will rely on the City provided materials to be
accurate and complete.
Task 3.2 Field Visits
The Consultant will perform up to two (2) field visits
to observe the existing conditions within the project
area.
Task 3.3 Topographic Survey and Mapping
The Consultant will prepare an existing conditions
topographic survey of the project area. The
topographic survey will be performed with aerial
survey equipment at 40’ scale. Field survey will be
performed to locate readily visible at-grade utilities
to supplement the aerial survey. Horizontal and
vertical control for the survey will be per the City of
Lake Elsinore’s existing benchmarks.
Mapping services for the project will be performed
to locate readily visible survey monuments and
records research to establish a record boundary
for up to fourteen (14) parcels within the project
area. The project mapping will be depicted on an
annotated encumbrance drawing which plots the
existing lot lines and easements as disclosed from
existing mapping and preliminary title reports (up to
10 preliminary title reports will be ordered).
Task 3.4 Utility Locations
The Consultant will research and obtain utility
verification maps in order to map the existing
utilities within the project limits. Utility research
will consist of sending out letter requests to utility
providers within the project limits to obtain as-built
plans. The Consultant will plot existing utilities into
an existing conditions utility base map.
Deliverables
• Topographic survey (.dwg)
• Mapping encumbrance drawing (.dwg)
• Existing utilities map (.dwg)
Task 4 • Alignment Analysis & Preliminary Engineering
Task 4.1 Alignment Analysis
Based on City and community input from the
first Pop-Up workshop, described in Task 5.3, the
Consultant will perform an alignment analysis for
the proposed trail. The alignment analysis will
additionally be based on the existing conditions
review performed in Task 3 and a preliminary
environmental investigation as performed in Task 6.
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The alignment analysis will consider opportunities
and constraints within the project area based on
positive and negative control points, sensitive
environmental areas, utilities, access, and grades.
It is anticipated that the Alignment Analysis will be
organized on an exhibit title block and will include
the following sheets:
Alignment Alternatives Layout Plan
The Consultant will plot up to three (3) trail
alignment alternatives on a single layout plan. The
layout plan will generally depict existing ground
topography, parcel lines and APNs, existing
easements, the trail alignments (main and spur),
environmentally sensitive areas, positive and
negative control points, proposed viewpoint(s), and
trail access points.
Typical Sections
The Consultant will prepare one (1) plan sheet
depicting up to a total of five (5) typical sections for
the three (3) alignment alternatives. It is assumed
that each typical section will focus only on the
unique areas of each trail alignment, and that some
typical sections may be shared between alignment
alternatives. Each typical section will generally
portray, as applicable: existing ground, parcel lines,
environmental constraints, the trail tread and width,
proposed slopes, and proposed retaining walls.
InfraWorks Conceptual Plan
The Consultant will prepare one InfraWorks
Conceptual Plan for each of the three (3) alignment
alternatives. It is assumed that each Conceptual
Plan will be an isometric output from the InfraWorks
model.
Grading Exhibits
The Consultant will prepare one grading exhibit
at 1”=40’ scale for each of the three (3) alignment
alternatives. It is assumed that each grading exhibit will
be up to four (4) sheets. The grading exhibits will depict
existing topography, parcel lines and APNs, existing
easements, the trail alignment, slope labels, cut and fill
slopes, and retaining wall locations with their general
heights. Profiles for each trail alignment alternative will
be developed for discussion with City staff, but not
formally displayed on the Grading Exhibits.
This scope includes up to one (1) revision to the
materials prepared in this task. It is assumed that
these materials will be presented to the community
as part of the second Pop-up Workshop, and that
following the workshop, a preferred alternative will
be selected.
Deliverables
• Alignment Alternatives Layout Plan (1 sheet)
• Typical Section Sheets (up to 2 sections per
alignment)
• InfraWorks Conceptual Plan (1 output per
alignment)
• Grading Exhibits (1”=40’ scale) (up to 4
sheets per alignment)
Task 4.2 Preliminary Engineering Plans
Based on the selected preferred alignment, the
Consultant will prepare Preliminary Engineering
Plans to an approximate 30% level. These plans
will be a refinement of the initial alignment
analysis layouts and will include additional detail
and callouts. It is anticipated that the Preliminary
Engineering Plans will be organized on an exhibit
title block and will include the following sheets:
• Preferred Alignment Layout Plan (1 sheet)
• Typical Sections and Details (1 sheet)
• Grading Plan and Trail Profile (1”=40’ scale)
(up to 8 sheets)
• Preliminary Lighting and Wayfinding Layout
(2 plan sheets @ 1”=80’ scale plus 1 detail
sheet)
Preferred Alignment Alternatives Geometric Plan
The Consultant will plot the preferred alternative
on a single geometric plan. The geometric plan will
generally depict existing ground topography, parcel
lines and APNs, existing and proposed easements,
the trail alignment with horizontal dimensioning,
proposed viewpoint, and trail access points.
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Typical Sections
The Consultant will prepare one (1) plan sheet
depicting up to two (2) typical sections of the
alignment. Each typical section will generally
portray, as applicable: existing ground, parcel lines,
environmental constraints, the trail tread, proposed
slopes, and proposed retaining walls.
Grading Plan and Trail Profile
The Consultant will prepare a grading plan with trail
profile for the preferred alignment. It is assumed
that the plan will depict existing topography, parcel
lines and APNs, existing and proposed easements,
the trail alignment, the longitudinal trail profile, cut
and fill slopes, and retaining wall locations with their
general heights.
Preliminary Lighting and Wayfinding Layout
The Consultant will prepare a preliminary lighting
and wayfinding layout that will depict the location
and spacing of lighting fixtures, connections to
existing service points, and establishment of new
services points/existing light circuits. The lighting
design will conform to City of Lake Elsinore
streetlight standards.
The exhibit will also depict the location and
messaging for wayfinding signs placed along
the project limits. The wayfinding signs will be
developed in accordance with the design portrayed
in the ActiveLE Plan. Additionally, one (1) detail
sheet will be provided to depict initial lighting and
wayfinding details.
This scope includes up to one (1) revision to the
materials prepared in this task.
Task 4.3 Preliminary Opinion of Probable
Construction Cost (OPCC)
The Consultant will prepare a preliminary OPCC
based on the Preliminary Engineering Plan
quantity takeoffs and current unit prices (from
readily available recent bid results). The quantity
calculations will be independently checked as part
of the QA/QC process. The preliminary OPCC will
identify the design items, unit prices, contingencies,
and an overall cost.
Task 4.4 Right-of-Way Impact Analysis
The Consultant will identify potential private
property impacts resulting from the proposed
preferred alignment. The Consultant will prepare
an exhibit depicting the location and size for
permanent access and/or temporary construction
easements from private property owners. The
exhibit will also depict impacts to existing utilities.
Because the extent of impacted properties and/
or utilities is not yet known, property appraisal and
easement cost estimating are excluded from this
task, but can be provided at a later time under
separate authorization.
Task 4.5 Preliminary Drainage Study
The Consultant will prepare a preliminary drainage
study in accordance with City and County standards
to analyze the hydrologic and hydraulic impacts of
the project by evaluating existing and proposed
drainage conditions. As part of the analysis, the
Consultant will determine if drainage improvements
are required to provide flood protection. The
analysis will be presented in a Preliminary Drainage
Study including narrative, hydrology maps, flood
control hydraulic calculations, and water quality
treatment calculations.
It is assumed that the project will be exempt from
storm water quality requirements.
Task 5 • Community Outreach
The focus of the Citywide public outreach for this
project will be to engage residents and other
stakeholders to effectively communicate the goals of
the Project. Additionally, the Consultant will translate
all project fact sheets into Spanish and will prepare
a pop-up workshop flyer to assist with advertising
these events.
Task 5.1 Outreach Plan
The Consultant will develop an Outreach Plan
outlining the community outreach approach,
activities, roles, responsibilities, and schedule for
community outreach that will be implemented
throughout the duration of the Project. The
Outreach Plan will include a draft outreach
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schedule and proposed methods of engagement
to drive attendance at the workshops. It will also
detail how the Consultant will coordinate with
the City to engage local media to encourage
community participation. The Outreach Plan will
detail key outreach events, timelines, social and
media engagement opportunities, and language
translation needs.
Task 5.2 Online Community Input and Social
Media
The Consultant will work with City staff to develop
and implement an online Project web page, hosted
on the City’s website. The Project web page will
provide background on the project, overall goals
and objectives, project schedule and updates,
workshop flyers, developed project content, surveys,
and summaries of past outreach events. Other
items the web page may display include frequently
asked questions, key contacts information, a data
library, and a comments page. The web page will
also provide links to the City’s Facebook and Twitter
websites.
Task 5.3 Pop-up Workshops
The Consultant will coordinate with the City to
put on two (2) pop-up workshops which will take
place in strategic parts of the City to reach as many
residents and business owners as possible. The
Consultant will prepare illustrative boards for each
pop-up event. This will include a combination of
precedent imagery, plan view graphics, and visual
simulations. The Consultant will work closely with
the City’s Project Manager to develop the boards.
The following is anticipated for each pop-up event:
Pop-up event #1
• Board #1: Existing conditions
• Board #2: Project goals and benefits
• Board #3: Opportunities and constraints map
• Board #4: Initial planting character, site furniture,
and materiality
The first pop-up workshop will be held prior to the
formal development of the Alignment Analysis and
conceptual design. This first pop-up event will be
focused on building upon the outreach performed
for the ActiveLE Plan and Murrieta Creek Trail ATP
grant application efforts. The Consultant will prepare
boards which describe the existing site conditions,
the goals and benefits of the project, opportunities
and constraints in the project area (positive and
negative control points), and initial materiality
options for the trail. City and consultant staff will
be available to discuss these boards with the
attendees. The purpose of the workshop will be for
the community to become aware of the possibilities
for the trail alignment and viewpoint location and
provide their input. This feedback will then be used
to inform the Alternatives Analysis described in Task
4.1.
Pop-up event #2
• Board #1: Alignment Alternatives Layout Plan
(from Task 4.1)
• Board #2: Typical sections (from Task 4.1)
• Boards #3 - #5: InfraWorks Conceptual Plans
(from Task 4.1)
• Board #6: Viewpoint node – illustrative site plan
• Board #7: refined planting character, site feature,
and materiality
• Board #8: Visual simulation board (one simula-
tion taken from “eye level”)
The Consultant will work with the City to facilitate a
second pop-up workshop to present the Alignment
Analysis and solicit feedback. This workshop will
include boards which depict the trail alignment
alternatives with City and consultant staff available
to discuss the design with the local residents and
stakeholders. Information gathered at this second
workshop will be used to inform the selection of
a preferred trail alignment and materiality; which
will then be incorporated into the Preliminary
Engineering Plans described in Task 4.2.
Task 6 • Environmental Technical Studies
The Consultant will prepare Environmental
Documents/Studies/Reports in support of preliminary
design and CEQA environmental clearance. Consultant
will comply with Caltrans Local Assistance procedures
throughout this task. It is assumed that the City will be
the lead agency for the CEQA documentation.
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Analyses will be prepared in accordance with
Caltrans/FHWA, Western Riverside Multiple
Species Habitat Conservation Plan (MSHCP), and
City requirements, as appropriate. For documents
intended to satisfy Caltrans and City requirements,
the documents will generally follow the Caltrans
format and content requirements that are contained
in the Caltrans SER website; in order to facilitate
the Caltrans approval process. It is assumed
that the City will be able to rely on the technical
studies prepared in the Caltrans format such that
preparation of separate technical studies will not
be required to support the CEQA document. For
documents intended to satisfy MSHCP compliance,
the documents will include a complete MSHCP
consistency analysis.
It is assumed that each technical study will undergo
up to two rounds of review/revision, as follows. The
consultant will provide the City with an electronic
copy (in Microsoft Word and Adobe Acrobat
formats) for submittal to Caltrans for review and
comment. The reports will be revised, and the City
will be provided with up to five hard copies (total)
and an electronic copy (in Microsoft Word and
Adobe Acrobat formats) of each final technical study
for submittal to Caltrans.
It is assumed that the project will not be subject to
NEPA requirements.
The following technical studies are anticipated to be
required (additional studies which may be required
by Caltrans are identified as optional tasks):
Task 6.1 Noise
The Consultant will prepare a Noise Technical
Memorandum consistent with Caltrans Traffic Noise
Analysis Protocol to assess potential construction
noise impacts at nearby noise-sensitive land uses,
including residences. The Consultant will conduct
a site visit with measurements of ambient noise
levels at three locations to provide typical noise
levels for consideration of potential noise impacts
to residential and sensitive habitat areas. The site
visit will be documented per Caltrans Traffic Noise
Analysis Protocol with descriptions and photographs
of measurement locations.
The Consultant will analyze construction noise
impacts at residential and sensitive habitats with
prescribed analysis methods based on anticipated
construction equipment. This scope assumes that
project construction would not involve equipment
or activities that would result in generation of
substantial construction noise, such as pile driving.
The construction noise analysis will follow the
protocol described in Section 3 of the Caltrans
Traffic Noise Analysis Protocol and Section 6 of
the Technical Noise Supplement (TeNS), using the
FHWA Roadway Construction Noise Model (RCNM)
to predict potential construction noise levels. If
any project construction noise levels are in excess
of allowable limits, we will provide noise control
barrier analysis to provide compliance (if feasible) to
allowable noise impact limits.
The Consultant will summarize the analysis results in
a draft Technical Letter that will include a discussion
of City and Caltrans noise impact criteria, analysis
assumptions (construction equipment and phasing),
equipment noise levels, analysis distances, and
expected noise impacts, and noise attenuation
measures if necessary. Upon receipt of comments
from the City and Caltrans, assumed to be editorial
and not involve changes that would require re-
modeling, we will prepare the final Technical
Letter that will be attached as an appendix to the
environmental document. This scope does not
include preparation of a Noise Study Report (NSR),
Noise Abatement Decision Report (NADR), or
consultation meetings with Caltrans staff for report
planning or updates, though these services could be
provided at an additional cost if necessary.
Task 6.2 Air Quality
This project is expected to be exempt from NEPA
transportation conformity requirements. Therefore,
it is assumed that no transportation conformity
analysis (regional and/or local) will be required, and
no air quality and greenhouse gas (GHG) emissions
modeling or technical studies will be required.
For CEQA compliance purposes, the Consultant will
estimate the criteria pollutant emissions associated
with the construction of the project. Construction
emission estimates will be based on information
and assumptions developed in consultation with
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the design team. Construction emissions of criteria
pollutants will be calculated using the RCNM.
The Consultant will also calculate GHG emissions
generated by project construction. It is assumed
that no analysis of operational criteria pollutant
emissions or GHG emissions will be required,
because the project would not generate new vehicle
trips and would not appreciably alter traffic volumes.
The results of the construction-related air quality
and GHG analyses will be provided in a technical
letter, which will be provided as an appendix to the
environmental document.
Task 6.3 Hazardous Materials – Initial Site
Assessment
The Consultant will evaluate the site for possible
environmental impacts by hazardous materials. The
Consultant will prepare an Initial Site Assessment
(ISA) to evaluate the potential presence of sources
of hazardous waste contamination that could
adversely affect the soil and/or groundwater of
the site. The ISA will conform to Caltrans Project
Development Procedures Manual (PDPM), including
the following:
a. A review of available project area information
and historical aerial photographs
b. Environmental database search reports
c. Completion of Caltrans ISA checklist for
Hazardous Waste
d. Conduct an interview with a site representative
regarding the environmental status of the site
e. Site reconnaissance to document potential
hazardous materials handling, storage,
and disposal practices. In addition, the site
reconnaissance will document areas of potentially
contaminated surficial soil or surface water,
possible sources of polychlorinated biphenyls,
underground and aboveground storage tanks,
and possible sources of contamination from
activities at the site and adjacent properties.
f. Preliminary vapor encroachment screen using
ASTM E 2600-15 Standard Guide for Vapor
Encroachment Screening on Property Involved
in Real Estate Transactions, to evaluate the
potential vapor encroachment conditions.
g. Evaluating the likelihood of the presence of
“commonly encountered conditions” such as
asbestos-containing materials, lead (in soil and in
lead-based paint on buildings), fill materials, and
asbestos-containing materials.
Consultant will provide a Draft ISA to the City. Upon
City review, Consultant will address comments,
incorporate revisions and/or provide responses to
finalize the ISA and obtain final approval by the City.
Task 6.4 Location Hydraulic Study and Summary
Floodplain Encroachment Report
The Consultant will prepare a Location Hydraulic
Study, consistent with 23 CFR 650 Subpart A,
Section 650.111 (b)(c)(d) and Caltrans’ SER Chapter
17 – Floodplains guidance. The Location Hydraulic
Study will determine if the project would result in
minimal or significant encroachment on the base
floodplain and if the project is consistent with
existing watershed and floodplain management
programs. The study will be prepared by a
registered engineer with hydraulic expertise.
Based on the nature of the improvements and
the status of the floodplain, it is assumed that the
recommended alternative will not cause an increase
in the base floodplain elevation (BFE). If impacts
are determined to be unavoidable, a hydraulic
computer model would be required to determine
the amount of increase in order to determine the
floodplain encroachment impacts. This analysis is
not included as part of this scope, but could be
provided, if necessary, under separate authorization.
The Consultant will prepare a Summary Floodplain
Encroachment Report per Caltrans’ SER Chapter
17 – Floodplains guidance. It is assumed that the
project does not have a significant encroachment.
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The Summary Floodplain Encroachment Report
addresses the following key items:
1) Is the proposed action a longitudinal
encroachment of the base floodplain?
The answer is assumed to be “yes”, and
there will be an evaluation and discussion of
the practical alternatives to any longitudinal
encroachments to supplement this form.
2) Are the risks associated with the
implementation of the proposed action
significant?
The answer is assumed to be “no”.
3) Will the proposed action support probable
incompatible floodplain development?
The answer is assumed to be “no”.
4) Are there any significant impacts on natural and
beneficial floodplain values?
The answer is assumed to be “no”.
5) Routine construction procedures are required
to minimize impacts on the floodplain. Are
there any special mitigation measures necessary
to minimize impacts or restore and preserve
natural and beneficial floodplain values?
The answer is assumed to be “no”.
6) Does the proposed action constitute a
significant floodplain encroachment as defined
in 23 CFR 650.105(q)?
The answer is assumed to be “no”.
7) Are Location Hydraulic Studies that document
the above answers on file?
The answer will be “yes” since a Location
Hydraulic Study is being prepared as part of this
project.
Consultant will provide a Draft Location
Hydraulic Study Report and Summary Floodplain
Encroachment Report Form to the City. Upon
City review, Consultant will address comments,
incorporate revisions and/or provide responses to
finalize the Location Hydraulic Study Report and
Summary Floodplain Encroachment Report Form
and obtain final approval from the City.
Task 6.5 Biological Resources
The Consultant will complete a biological resources
technical study for the project to fulfill the
requirements of CEQA, MSHCP, Caltrans, and the
City, as follows:
Habitat Assessment and General Biological
Survey. The Consultant will conduct an MSHCP
habitat assessment and general biological
survey to include vegetation community/habitat
mapping, special status species habitat assessment,
preliminary jurisdictional aquatic resources mapping,
and general inventory of other biological resources.
The survey will include a Biological Study Area
(BSA) that meets Caltrans’ requirements for the
project and is expected not to exceed 15 acres
in size based on an approximately 6,000 linear
feet trail alignment and 50 feet on either side.
The special status species habitat assessment will
include the MSHCP Section 6.1.3 and 6.3.2 species,
including Burrowing Owl, Narrow Endemic Plants
(Munz’s onion, San Diego ambrosia, Many-stemmed
dudleya, spreading navarretia, California orcutt
grass, Hammitt’s clay-cress, Wright’s trichocoronis),
and Criteria Area Species (San Jacinto Valley
crownscale, Parish’s brittlescale, Davidson’s
saltscale, Thread-leaved brodiaea, Round-leaved
filaree, Smooth tarplant, Coulter’s goldfields, Little
mousetail). The preliminary jurisdictional aquatic
resources mapping will include MSHCP Section
6.1.2 resources, including Riparian/Riverine Areas
and Vernal Pools. A complete list of plant and
animal species observed or otherwise detected will
be recorded in the field, along with representative
photographs of the BSA.
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Rare Plant Surveys (Including Narrow Endemic
Plant and Criteria Area Species). Based on the
Consultant Team’s experience in the City, it is
expected that suitable habitat may occur within
the BSA for at least some of the Narrow Endemic
Plant and Criteria Area Species known to the
region. As such, we will conduct rare plant surveys
within the BSA to include up to three survey efforts
spread over the target species’ blooming/flowering
periods. The three surveys are expected to occur in
March, April/May, and June/July, depending upon
environmental conditions encountered during the
survey year. The results of the survey effort will be
documented in the Natural Environment Study (NES)
and MSHCP Consistency Report, presented below.
Burrowing Owl Surveys. Based on the Consultant
Team’s experience in the City, it is expected that
suitable habitat may occur within the BSA for the
Burrowing Owl. As such, we will conduct focused
Burrowing Owl surveys in accordance with MSHCP
survey protocol, which requires four surveys
between March 1 and August 31. The results of the
survey effort will be documented in a stand-alone
report. An electronic copy of the report will be
submitted to the City for review. We will revise the
report based on a single set of comments provided
by the City. An electronic copy of the final report will
be submitted to the City and appended to the NES
and MSHCP Consistency Report, presented below.
Jurisdictional Delineation (Including Riparian/
Riverine Areas and Vernal Pools). Based on the
Consultant Team’s experience in the City and Lake
Elsinore shoreline and back basin, the limits of
potential jurisdictional aquatic resources can be
defined by both elevation and the presence of field
indicators. As such, we will conduct formal mapping
and delineation of potential agency jurisdictional
boundaries, including those areas subject to the
regulatory jurisdiction of the U.S. Army Corps of
Engineers (USACE), Regional Water Quality Control
Board (RWQCB), and California Department of Fish
and Wildlife (CDFW). The mapping and delineation
effort will also be directed at MSHCP Section 6.1.2
Riparian/Riverine Areas and Vernal Pools. The results
of the survey effort will be documented in the NES
and MSHCP Consistency Report and Determination
of Biologically Equivalent or Superior Preservation
(DBESP) Report, presented below. The results will
also be used for project permitting efforts.
Natural Environment Study (NES) and MSHCP
Consistency Report. Upon completion of fieldwork,
we will document the results of the biological
resources technical study in a report that will be
compatible to meet CEQA, MSHCP, Caltrans,
and City content and format requirements. The
report will follow Caltrans’ format and content
requirements for an NES but will also include
content to demonstrate MSHCP consistency and
CEQA compliance. The report will document the
study methods, results, applicable regulations,
avoidance and minimization measures, project
impacts, and recommendations for mitigation
measures that reduce the significance of project
impacts in accordance with the MSHCP and CEQA.
The project includes a segment of a major regional
trail, referred to as the Murrieta Creek Trail, and is
expected to be considered a Covered Public Access
Activity under the MSHCP pursuant to MSHCP
Section 7. Therefore, the report will incorporate the
public access guidelines consistent with MSHCP
Section 7.4.2. An electronic copy of the draft report
will be provided to the City for review. We will revise
the draft report based on a single set of comments
provided by the City. An electronic and up to four
hard copies of the final report will be provided
to the City for their records. The BSA and impact
analysis documented in the report assume a single
version of the project description and project plans.
Once preparation of the report has been initiated,
changes to the project description or impact areas
that would result in needing to revise the report
would necessitate an amendment to the scope and
fee.
Determination of Biologically Equivalent or
Superior Preservation (DBESP) Report. If the
project would result in unavoidable impacts on
MSHCP Section 6.1.2 Riparian/Riverine Areas
and Vernal Pools, or if the project would result in
unavoidable impacts on core populations of MSHCP
Section 6.3.2 Burrowing Owl or Criteria Area Plants,
then we will prepare a DBESP in accordance with
MSHCP requirements to document the impacts
on the resources’ functions and values, in addition
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to recommended avoidance, minimization, and
mitigation measures that result in biologically
equivalent or superior preservation. The report
will follow the Western Riverside County Regional
Conservation Authority (RCA) format and content
recommendations for a DBESP. An electronic copy
of the draft report will be provided to the City for
review. We will revise the draft report based on a
single set of comments provided by the City. An
electronic and up to four hard copies of the final
report will be provided to the City for their records.
According to data readily available, portions of the
project appear to occur within MSHCP Criteria Cells
5036, 5137, 5140, and 5240 as part of Subunit 3 –
Elsinore. Due to the project’s location within MSHCP
Criteria Cells, the DBESP will require Joint Project
Review (JPR) by the RCA and Wildlife Agencies (U.S.
Fish and Wildlife Service and CDFW, collectively).
Once the DBESP is submitted for JPR review and
processing, as-needed support will be provided to
the City, as presented below.
Lake Elsinore Acquisition Process (LEAP).
According to data readily available, portions of
the project appear to occur within MSHCP Criteria
Cells 5036, 5137, 5140, and 5240 as part of
Subunit 3 – Elsinore. As such, we will prepare the
LEAP application package as part of the MSHCP
consistency review for the project. The package
will include a cover letter, forms, and supporting
documentation. Once the LEAP is submitted for City
review and processing, as-needed support will be
provided, as presented below.
As-Needed Support during MSHCP Consistency
Review. The Consultant will provide as-needed
support to the City during agency review and
processing of project’s MSHCP consistency
documentation. The effort necessary can vary
depending on the biological resource issues,
agency staff assignments and project priorities,
and mitigation negotiations, among other factors.
As-needed support anticipated under this task
include attendance at meetings, participation in
phone and e-mail correspondence, assisting the
City with response to agency comments, revising
documentation, and preparation of additional
documentation. For cost purposes, we have
assumed the equivalent of 30 hours of Principal
and GIS Specialist time for this task. Only the
number of hours expended will be billed; if the City
requests additional services in excess of this budget,
an amendment to the scope and fee would be
required.
Task 6.6 Cultural Resources
The Consultant will prepare an Area of Potential
Effects (APE) Map, an Archaeological Survey
Report (ASR), and a Historic Property Survey
Report (HPSR), consistent with Caltrans format
and content requirements, and these documents
will support both the CEQA and NEPA processes.
The APE Map will incorporate the limits of physical
disturbance, appropriate buffers from the limits
of disturbance, and construction staging areas,
and will be reviewed and approved by the City
and Caltrans prior to completion of the ASR. The
Consultant will prepare an ASR in the required
Caltrans format using the appropriate templates on
the Caltrans SER website to satisfy the requirements
of Section 106 of the National Historic Preservation
Act. A records search from the Eastern Information
Center will be obtained, and the Native American
Heritage Commission (NAHC) will be contacted
for a Sacred Lands File search and a list of Native
American contacts. Native American representatives
recommended by the NAHC will be contacted
to solicit information regarding cultural and tribal
resources. The Consultant will also assist the City
with Assembly Bill 52 notifications, if requested. A
field survey will also be conducted (which includes a
Native American monitor) to observe and record any
visible archaeological resources or cultural material
within the project APE. An HPSR will be prepared
summarizing the findings of the ASR and Native
American outreach.
It is expected that the survey will not result in
the identification of any potentially significant
archaeological resources requiring an Extended
Phase I (XPhI) investigation; no historic buildings
or structures will be within the APE, evaluation of
historic resources and preparation of a Historic
Resources Evaluation Report (HRER) will not
be required; and that the ASR will satisfy the
information requirements of a Cultural Resources
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Technical Report per CEQA Guidelines, and a
separate technical report for submittal to the City
will not be required.
Should archaeological resources be identified
during the Phase I survey, an XPhI study would
be conducted to assess the presence and extent
of subsurface cultural deposits associated with
the resource. If the XPhI indicates the presence of
subsurface cultural deposits, we would develop and
implement a testing plan designed to evaluate the
significance/National Register eligibility of the site.
The steps for this process include preparation of
an XPhI proposal (i.e., a testing plan) for approval
by Caltrans and the City, implementation of the
XPhI plan, implementation of a Phase II study, and
preparation of an Archaeological Evaluation Report
(AER) documenting the methods and results of the
Phase II study. The scope and cost of the XPhI and
Phase II studies and associated tasks would depend
on the extent and nature of cultural resources
identified and would require a change order.
Task 7 • Prepare CEQA Initial Study/Mitigated Negative Declaration
Task 7.1 Draft Initial Study/Mitigated Negative
Declaration
The Consultant will prepare a Draft IS/MND,
pursuant to CEQA, in support of the proposed
project and with the City as the CEQA Lead
Agency. The Draft IS/MND will follow the City’s
current standard format and will include an
introduction, description of the proposed project,
an environmental checklist with an evaluation of
potential impacts, and supporting figures. The Draft
IS/MND will summarize the results and conclusions
of the technical studies prepared for the project,
as well as address each environmental issue in the
environmental checklist.
The Consultant will prepare an electronic copy
(in Microsoft Word and Adobe Acrobat format)
of a screencheck Draft IS/MND for City review.
Following revisions (which are assumed to be minor,
not requiring new or substantially revised analysis),
we will submit an electronic copy (in Microsoft
Word and Adobe Acrobat format) of a revised
screencheck Draft IS/MND for City review. The
revised screencheck will serve as a “proof” version
of the public review Draft IS/MND. Following any
minor revisions, we will produce 15 CDs (containing
the Notice of Completion/Environmental Document
Transmittal, the public review Draft IS/MND,
technical appendices, and the Office of Planning
and Research’s Summary Form for Electronic
Document Submittal) and one paper copy of the
Notice of Completion/Environmental Document
Transmittal and Summary Form for Electronic
Document Submittal for submittal to the State
Clearinghouse. The Consultant will also produce
up to five printed copies of the public review Draft
IS/MND (with technical appendices on a CD and
attached to the printed Draft IS/MND) and ten CDs
containing the public review Draft IS/MND and
technical appendices.
The Consultant will assist the City with noticing,
including preparation of the Notice of Completion/
Environmental Document Transmittal, Summary
Form for Electronic Document Submittal, and Notice
of Intent to Adopt a Mitigated Negative Declaration
(NOI). The Consultant will also be responsible for
submitting the required deliverables to the State
Clearinghouse and distributing the Public Draft IS/
MND based on a distribution list reviewed and
approved by the City. The City will be responsible
for publication of the NOI in one local newspaper.
Task 7.2 Final Initial Study/Mitigated Negative
Declaration
In consultation with City staff, we will respond to
comments received on the content of the Draft IS/
MND during public review of the document. The
Consultant will respond to up to 30 substantive
(and non-duplicative) public comments (within the
comment letters) on the Draft IS/MND contents and
conclusions. The responses, errata, and revisions
to the Draft IS/MND (as needed), and a Mitigation
Monitoring and Reporting Program (MMRP) will
be incorporated into the Final IS/MND. One set of
revisions will be completed prior to finalizing the
deliverables. The Consultant will produce up to five
printed copies of the Final ISMND (with technical
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PROJECT UNDERSTANDING
& APPROACH 3c.
appendices on a CD and attached to the printed
Final IS/MND) and ten CDs containing the Final
IS/MND and technical appendices, along with an
electronic copy.
If the Final IS/MND is adopted by the City Council,
we will prepare the Notice of Determination (NOD)
for review and approval by City. The City will be
responsible for filing the NOD at the County Clerk
within five days after adoption of the Final IS/MND
as well as payment of County Clerk and CDFW
CEQA filing fees.
Task 8 • Permitting Agency Coordination
If the project cannot be designed to avoid impacts
on jurisdictional aquatic resources, then the
Consultant will assist the City by coordinating with
the regulatory agencies from which permits will be
needed for subsequent phases of the work (under
separate agreement).
Task 8.1 Agency Pre-Application Meetings
As requested and to the extent budgeted, the
Consultant will assist the City in coordinating
and attending pre-application meetings with the
USACE, CDFW, and/or RWQCB to discuss the
project, present the jurisdictional aquatic resources
delineation findings, and establish the course for
project permitting. Up to two (2) meetings are
assumed as part of this task.
Additional Services:
Any services not specifically described in the
above scope, as well as any changes in the scope
the Client requests, will be considered Additional
Services and will be performed for a fee to be
negotiated at the time of the request. Prior to
commencing the Additional Services, Consultant
will obtain prior written approval from the Client.
Additional services we can provide include, but are
not limited to, the following:
• Appraisals
• Geotechnical investigation
• Structural engineering and analysis
• Final engineering design
• Utility planning and design
• Utility Potholing
• Landscape architecture final design
• Traffic engineering design
• Preparation of a SWPPP
• Bid and construction services
• Attendance at Council or Commission meetings
• Agency permitting
• Preparation of plat and legal documents
• Additional environmental technical studies and
analysis
• Floodplain hydrologic modeling
Note: Mark-ups are Not Allowed Subconsultant 2nd Tier Subconsultant
Project No. Z10057 Contract No.Date: 03/09/2020
DIRECT LABOR
Name Hours Actual Hourly Rate Total
Monique Chen, PE 14.00 80.50$ 1,127.00$
Ross Duenas, PE 196.00 66.00$ 12,936.00$
Various 322.00 49.00$ 15,778.00$
Various 234.00 38.50$ 9,009.00$
Various 158.00 26.00$ 4,108.00$
LABOR COSTS
42,958.00$
-$
42,958.00$
INDIRECT COSTS
36,815.01$
f) Overhead (Rate: 91.00%)39,091.78$
h) General and Administrative (Rate: 0.00%)-$
75,906.79$
FIXED FEE 11,886.48$
Quantity Unit Unit Cost Total
1500 miles
$ 0.575 862.50$
50 each $ 2.75 137.50$
10 each $ 1,100.00 11,000.00$
$ $
$$
12,000.00$
123,262.83$
45,823.85$
7,947.84$
36,400.00$
213,434.52$
225,434.52$
356,185.78$
NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
m) TOTAL SUBCONSULTANT COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)]
TOTAL COST [(c) + (j) + (k) + (n)]
1. Key personnel must be martked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).
All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
Test
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1: Helix Environmental
Subconsultant 2: Schmidt Design Group
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting
period and established by a cognizant agency or accepted by Caltrans.
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Description of Item
Mileage Costs
Reproduction
Title Reports
Plan Sheets
Subconsultant 3: Ninyo & Moore
Subconsultant 4: Geocentric
Project Manager*
i) Gen & Admin [(c) x (h)]
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10%
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
d) Fringe Benefits (Rate: 85.70%)e) Total Fringe Benefits [(c) x (d)]
g) Overhead [(c) x (f)]
Analyst
Support / Technician
EXHIBIT 10-H1 COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
Classificaion/Title
Professional
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Prime Consultant
Consultant Chen Ryan Associates, Inc.
Principal*
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PROJECT SCOPE
Chen Ryan and our teaming partners (“the
Consultant”) will provide professional engineering
services for the Murrieta Creek Multi-use Trail
Project. It is understood that the Project will provide
for a trail alignment analysis, community outreach,
determination of a preferred trail alignment, CEQA
documentation, and the development of 30%
Preliminary Engineering Plans as described in the
Request for Proposals. It is assumed that the trail will
be exempt from storm water management and flood
control requirements, and that FEMA map revisions
will not be required. It is further assumed that a
NEPA document will not be required for the Project.
The Scope of Work will be performed in accordance
with the following tasks:
Task 1 • Project Management:
Task 1.1 Kick Off Meeting and Site Walk
The Consultant’s Project Manager will coordinate
with the City to schedule a kick-off meeting with
the design team, the City’s Project Manager, City
staff, and appropriate stakeholders to discuss the
project, establish communication procedures, review
scope and deliverables, confirm the project’s goals
and objectives, review data collected and project
information, and review the project schedule, key
milestones, and anticipated City review times.
The Consultant will also coordinate with the City’s
Project Manager to schedule a field walk with the
kick off meeting attendees following the meeting to
review the existing field conditions and discuss the
trail alignment opportunities and constraints.
Deliverables
• Agenda
• Meeting Minutes
Task 1.2 Subconsultant and Project Coordination
The Consultant’s Project Manager will prepare
contracts and task orders for required Subconsultant
services. This task will also consist of monitoring
Subconsultant progress against budget and
schedule and reviewing monthly Subconsultant
invoices and associated back up.
Consultant will also spend time each month
coordinating with City staff via email and telephone.
Task 1.3 Project Management
The Consultant’s Project Manager will perform
project management and administration services for
the duration of the project (up to nine (9) months), to
the extent budgeted. This work includes monitoring
progress against budget and overall quality
assurance (QA). Specific quality control (QC) efforts
for each deliverable document are included in the
task covering that document.
The Consultant’s Project Manager will also prepare
and maintain (monthly) a critical path project
schedule. The schedule will track the actual progress
of the work against the deadlines identified in the
schedule. The schedule will include scope tasks,
significant work items, deliverable milestones,
agency reviews, and critical path relationships. The
schedule will be submitted to the City’s Project
Manager for the duration of the project.
The Consultant’s Project Manager will also
coordinate regularly with the City’s Project Manager
on schedule and budget updates and will notify
the City if there are any issues and/or decisions that
have the possibility of affecting the schedule or
budget.
Additionally, for the duration of the project the
Consultant will provide monthly invoices showing:
total budget, amount earned in current month,
amount earned to date, and remaining budget
(including percentages) for each task.
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Task 2 • Project Coordination:
Task 2.1 Team Meetings w/ City Staff
The Consultant will attend up to six (6) in-person
meetings with City staff to report on the progress,
budget, status, coordination items, and schedule
performance for the project. For each meeting
the Consultant will prepare an agenda, compile
applicable materials for presentation, prepare
meeting minutes, and track action items resolutions.
Task 2.2 Coordination with Agencies and
Utilities
The Consultant will coordinate with agency
and utility stakeholders involved in the project
throughout the duration of the project, to the extent
budgeted. Coordination with agency and utility
stakeholders includes phone calls and emails, and
up to two (2) in-person meetings. For each meeting
the Consultant will prepare an agenda, compile
applicable materials for presentation, prepare
meeting minutes, and track action items resolutions.
Deliverables
• Agendas
• Meeting Minutes
Task 3 • Review of As-Built Plans and Existing Conditions:
Task 3.1 As-Built Review
The Consultant will review readily available as-built
plans and previous reports provided by the City
as they pertain to the Project. The information will
be verified to the extent possible through visual
observation during the field visits. The Consultant
will rely on the City provided materials to be
accurate and complete.
Task 3.2 Field Visits
The Consultant will perform up to two (2) field visits
to observe the existing conditions within the project
area.
Task 3.3 Topographic Survey and Mapping
The Consultant will prepare an existing conditions
topographic survey of the project area. The
topographic survey will be performed with aerial
survey equipment at 40’ scale. Field survey will be
performed to locate readily visible at-grade utilities
to supplement the aerial survey. Horizontal and
vertical control for the survey will be per the City of
Lake Elsinore’s existing benchmarks.
Mapping services for the project will be performed
to locate readily visible survey monuments and
records research to establish a record boundary
for up to fourteen (14) parcels within the project
area. The project mapping will be depicted on an
annotated encumbrance drawing which plots the
existing lot lines and easements as disclosed from
existing mapping and preliminary title reports (up to
10 preliminary title reports will be ordered).
Task 3.4 Utility Locations
The Consultant will research and obtain utility
verification maps in order to map the existing
utilities within the project limits. Utility research
will consist of sending out letter requests to utility
providers within the project limits to obtain as-built
plans. The Consultant will plot existing utilities into
an existing conditions utility base map.
Deliverables
• Topographic survey (.dwg)
• Mapping encumbrance drawing (.dwg)
• Existing utilities map (.dwg)
Task 4 • Alignment Analysis & Preliminary Engineering
Task 4.1 Alignment Analysis
Based on City and community input from the
first Pop-Up workshop, described in Task 5.3, the
Consultant will perform an alignment analysis for
the proposed trail. The alignment analysis will
additionally be based on the existing conditions
review performed in Task 3 and a preliminary
environmental investigation as performed in Task 6.
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The alignment analysis will consider opportunities
and constraints within the project area based on
positive and negative control points, sensitive
environmental areas, utilities, access, and grades.
It is anticipated that the Alignment Analysis will be
organized on an exhibit title block and will include
the following sheets:
Alignment Alternatives Layout Plan
The Consultant will plot up to three (3) trail
alignment alternatives on a single layout plan. The
layout plan will generally depict existing ground
topography, parcel lines and APNs, existing
easements, the trail alignments (main and spur),
environmentally sensitive areas, positive and
negative control points, proposed viewpoint(s), and
trail access points.
Typical Sections
The Consultant will prepare one (1) plan sheet
depicting up to a total of five (5) typical sections for
the three (3) alignment alternatives. It is assumed
that each typical section will focus only on the
unique areas of each trail alignment, and that some
typical sections may be shared between alignment
alternatives. Each typical section will generally
portray, as applicable: existing ground, parcel lines,
environmental constraints, the trail tread and width,
proposed slopes, and proposed retaining walls.
InfraWorks Conceptual Plan
The Consultant will prepare one InfraWorks
Conceptual Plan for each of the three (3) alignment
alternatives. It is assumed that each Conceptual
Plan will be an isometric output from the InfraWorks
model.
Grading Exhibits
The Consultant will prepare one grading exhibit
at 1”=40’ scale for each of the three (3) alignment
alternatives. It is assumed that each grading exhibit will
be up to four (4) sheets. The grading exhibits will depict
existing topography, parcel lines and APNs, existing
easements, the trail alignment, slope labels, cut and fill
slopes, and retaining wall locations with their general
heights. Profiles for each trail alignment alternative will
be developed for discussion with City staff, but not
formally displayed on the Grading Exhibits.
This scope includes up to one (1) revision to the
materials prepared in this task. It is assumed that
these materials will be presented to the community
as part of the second Pop-up Workshop, and that
following the workshop, a preferred alternative will
be selected.
Deliverables
• Alignment Alternatives Layout Plan (1 sheet)
• Typical Section Sheets (up to 2 sections per
alignment)
• InfraWorks Conceptual Plan (1 output per
alignment)
• Grading Exhibits (1”=40’ scale) (up to 4
sheets per alignment)
Task 4.2 Preliminary Engineering Plans
Based on the selected preferred alignment, the
Consultant will prepare Preliminary Engineering
Plans to an approximate 30% level. These plans
will be a refinement of the initial alignment
analysis layouts and will include additional detail
and callouts. It is anticipated that the Preliminary
Engineering Plans will be organized on an exhibit
title block and will include the following sheets:
• Preferred Alignment Layout Plan (1 sheet)
• Typical Sections and Details (1 sheet)
• Grading Plan and Trail Profile (1”=40’ scale)
(up to 8 sheets)
• Preliminary Lighting and Wayfinding Layout
(2 plan sheets @ 1”=80’ scale plus 1 detail
sheet)
Preferred Alignment Alternatives Geometric Plan
The Consultant will plot the preferred alternative
on a single geometric plan. The geometric plan will
generally depict existing ground topography, parcel
lines and APNs, existing and proposed easements,
the trail alignment with horizontal dimensioning,
proposed viewpoint, and trail access points.
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Typical Sections
The Consultant will prepare one (1) plan sheet
depicting up to two (2) typical sections of the
alignment. Each typical section will generally
portray, as applicable: existing ground, parcel lines,
environmental constraints, the trail tread, proposed
slopes, and proposed retaining walls.
Grading Plan and Trail Profile
The Consultant will prepare a grading plan with trail
profile for the preferred alignment. It is assumed
that the plan will depict existing topography, parcel
lines and APNs, existing and proposed easements,
the trail alignment, the longitudinal trail profile, cut
and fill slopes, and retaining wall locations with their
general heights.
Preliminary Lighting and Wayfinding Layout
The Consultant will prepare a preliminary lighting
and wayfinding layout that will depict the location
and spacing of lighting fixtures, connections to
existing service points, and establishment of new
services points/existing light circuits. The lighting
design will conform to City of Lake Elsinore
streetlight standards.
The exhibit will also depict the location and
messaging for wayfinding signs placed along
the project limits. The wayfinding signs will be
developed in accordance with the design portrayed
in the ActiveLE Plan. Additionally, one (1) detail
sheet will be provided to depict initial lighting and
wayfinding details.
This scope includes up to one (1) revision to the
materials prepared in this task.
Task 4.3 Preliminary Opinion of Probable
Construction Cost (OPCC)
The Consultant will prepare a preliminary OPCC
based on the Preliminary Engineering Plan
quantity takeoffs and current unit prices (from
readily available recent bid results). The quantity
calculations will be independently checked as part
of the QA/QC process. The preliminary OPCC will
identify the design items, unit prices, contingencies,
and an overall cost.
Task 4.4 Right-of-Way Impact Analysis
The Consultant will identify potential private
property impacts resulting from the proposed
preferred alignment. The Consultant will prepare
an exhibit depicting the location and size for
permanent access and/or temporary construction
easements from private property owners. The
exhibit will also depict impacts to existing utilities.
Because the extent of impacted properties and/
or utilities is not yet known, property appraisal and
easement cost estimating are excluded from this
task, but can be provided at a later time under
separate authorization.
Task 4.5 Preliminary Drainage Study
The Consultant will prepare a preliminary drainage
study in accordance with City and County standards
to analyze the hydrologic and hydraulic impacts of
the project by evaluating existing and proposed
drainage conditions. As part of the analysis, the
Consultant will determine if drainage improvements
are required to provide flood protection. The
analysis will be presented in a Preliminary Drainage
Study including narrative, hydrology maps, flood
control hydraulic calculations, and water quality
treatment calculations.
It is assumed that the project will be exempt from
storm water quality requirements.
Task 5 • Community Outreach
The focus of the Citywide public outreach for this
project will be to engage residents and other
stakeholders to effectively communicate the goals of
the Project. Additionally, the Consultant will translate
all project fact sheets into Spanish and will prepare
a pop-up workshop flyer to assist with advertising
these events.
Task 5.1 Outreach Plan
The Consultant will develop an Outreach Plan
outlining the community outreach approach,
activities, roles, responsibilities, and schedule for
community outreach that will be implemented
throughout the duration of the Project. The
Outreach Plan will include a draft outreach
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schedule and proposed methods of engagement
to drive attendance at the workshops. It will also
detail how the Consultant will coordinate with
the City to engage local media to encourage
community participation. The Outreach Plan will
detail key outreach events, timelines, social and
media engagement opportunities, and language
translation needs.
Task 5.2 Online Community Input and Social
Media
The Consultant will work with City staff to develop
and implement an online Project web page, hosted
on the City’s website. The Project web page will
provide background on the project, overall goals
and objectives, project schedule and updates,
workshop flyers, developed project content, surveys,
and summaries of past outreach events. Other
items the web page may display include frequently
asked questions, key contacts information, a data
library, and a comments page. The web page will
also provide links to the City’s Facebook and Twitter
websites.
Task 5.3 Pop-up Workshops
The Consultant will coordinate with the City to
put on two (2) pop-up workshops which will take
place in strategic parts of the City to reach as many
residents and business owners as possible. The
Consultant will prepare illustrative boards for each
pop-up event. This will include a combination of
precedent imagery, plan view graphics, and visual
simulations. The Consultant will work closely with
the City’s Project Manager to develop the boards.
The following is anticipated for each pop-up event:
Pop-up event #1
• Board #1: Existing conditions
• Board #2: Project goals and benefits
• Board #3: Opportunities and constraints map
• Board #4: Initial planting character, site furniture,
and materiality
The first pop-up workshop will be held prior to the
formal development of the Alignment Analysis and
conceptual design. This first pop-up event will be
focused on building upon the outreach performed
for the ActiveLE Plan and Murrieta Creek Trail ATP
grant application efforts. The Consultant will prepare
boards which describe the existing site conditions,
the goals and benefits of the project, opportunities
and constraints in the project area (positive and
negative control points), and initial materiality
options for the trail. City and consultant staff will
be available to discuss these boards with the
attendees. The purpose of the workshop will be for
the community to become aware of the possibilities
for the trail alignment and viewpoint location and
provide their input. This feedback will then be used
to inform the Alternatives Analysis described in Task
4.1.
Pop-up event #2
• Board #1: Alignment Alternatives Layout Plan
(from Task 4.1)
• Board #2: Typical sections (from Task 4.1)
• Boards #3 - #5: InfraWorks Conceptual Plans
(from Task 4.1)
• Board #6: Viewpoint node – illustrative site plan
• Board #7: refined planting character, site feature,
and materiality
• Board #8: Visual simulation board (one simula-
tion taken from “eye level”)
The Consultant will work with the City to facilitate a
second pop-up workshop to present the Alignment
Analysis and solicit feedback. This workshop will
include boards which depict the trail alignment
alternatives with City and consultant staff available
to discuss the design with the local residents and
stakeholders. Information gathered at this second
workshop will be used to inform the selection of
a preferred trail alignment and materiality; which
will then be incorporated into the Preliminary
Engineering Plans described in Task 4.2.
Task 6 • Environmental Technical Studies
The Consultant will prepare Environmental
Documents/Studies/Reports in support of preliminary
design and CEQA environmental clearance. Consultant
will comply with Caltrans Local Assistance procedures
throughout this task. It is assumed that the City will be
the lead agency for the CEQA documentation.
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Analyses will be prepared in accordance with
Caltrans/FHWA, Western Riverside Multiple
Species Habitat Conservation Plan (MSHCP), and
City requirements, as appropriate. For documents
intended to satisfy Caltrans and City requirements,
the documents will generally follow the Caltrans
format and content requirements that are contained
in the Caltrans SER website; in order to facilitate
the Caltrans approval process. It is assumed
that the City will be able to rely on the technical
studies prepared in the Caltrans format such that
preparation of separate technical studies will not
be required to support the CEQA document. For
documents intended to satisfy MSHCP compliance,
the documents will include a complete MSHCP
consistency analysis.
It is assumed that each technical study will undergo
up to two rounds of review/revision, as follows. The
consultant will provide the City with an electronic
copy (in Microsoft Word and Adobe Acrobat
formats) for submittal to Caltrans for review and
comment. The reports will be revised, and the City
will be provided with up to five hard copies (total)
and an electronic copy (in Microsoft Word and
Adobe Acrobat formats) of each final technical study
for submittal to Caltrans.
It is assumed that the project will not be subject to
NEPA requirements.
The following technical studies are anticipated to be
required (additional studies which may be required
by Caltrans are identified as optional tasks):
Task 6.1 Noise
The Consultant will prepare a Noise Technical
Memorandum consistent with Caltrans Traffic Noise
Analysis Protocol to assess potential construction
noise impacts at nearby noise-sensitive land uses,
including residences. The Consultant will conduct
a site visit with measurements of ambient noise
levels at three locations to provide typical noise
levels for consideration of potential noise impacts
to residential and sensitive habitat areas. The site
visit will be documented per Caltrans Traffic Noise
Analysis Protocol with descriptions and photographs
of measurement locations.
The Consultant will analyze construction noise
impacts at residential and sensitive habitats with
prescribed analysis methods based on anticipated
construction equipment. This scope assumes that
project construction would not involve equipment
or activities that would result in generation of
substantial construction noise, such as pile driving.
The construction noise analysis will follow the
protocol described in Section 3 of the Caltrans
Traffic Noise Analysis Protocol and Section 6 of
the Technical Noise Supplement (TeNS), using the
FHWA Roadway Construction Noise Model (RCNM)
to predict potential construction noise levels. If
any project construction noise levels are in excess
of allowable limits, we will provide noise control
barrier analysis to provide compliance (if feasible) to
allowable noise impact limits.
The Consultant will summarize the analysis results in
a draft Technical Letter that will include a discussion
of City and Caltrans noise impact criteria, analysis
assumptions (construction equipment and phasing),
equipment noise levels, analysis distances, and
expected noise impacts, and noise attenuation
measures if necessary. Upon receipt of comments
from the City and Caltrans, assumed to be editorial
and not involve changes that would require re-
modeling, we will prepare the final Technical
Letter that will be attached as an appendix to the
environmental document. This scope does not
include preparation of a Noise Study Report (NSR),
Noise Abatement Decision Report (NADR), or
consultation meetings with Caltrans staff for report
planning or updates, though these services could be
provided at an additional cost if necessary.
Task 6.2 Air Quality
This project is expected to be exempt from NEPA
transportation conformity requirements. Therefore,
it is assumed that no transportation conformity
analysis (regional and/or local) will be required, and
no air quality and greenhouse gas (GHG) emissions
modeling or technical studies will be required.
For CEQA compliance purposes, the Consultant will
estimate the criteria pollutant emissions associated
with the construction of the project. Construction
emission estimates will be based on information
and assumptions developed in consultation with
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the design team. Construction emissions of criteria
pollutants will be calculated using the RCNM.
The Consultant will also calculate GHG emissions
generated by project construction. It is assumed
that no analysis of operational criteria pollutant
emissions or GHG emissions will be required,
because the project would not generate new vehicle
trips and would not appreciably alter traffic volumes.
The results of the construction-related air quality
and GHG analyses will be provided in a technical
letter, which will be provided as an appendix to the
environmental document.
Task 6.3 Hazardous Materials – Initial Site
Assessment
The Consultant will evaluate the site for possible
environmental impacts by hazardous materials. The
Consultant will prepare an Initial Site Assessment
(ISA) to evaluate the potential presence of sources
of hazardous waste contamination that could
adversely affect the soil and/or groundwater of
the site. The ISA will conform to Caltrans Project
Development Procedures Manual (PDPM), including
the following:
a. A review of available project area information
and historical aerial photographs
b. Environmental database search reports
c. Completion of Caltrans ISA checklist for
Hazardous Waste
d. Conduct an interview with a site representative
regarding the environmental status of the site
e. Site reconnaissance to document potential
hazardous materials handling, storage,
and disposal practices. In addition, the site
reconnaissance will document areas of potentially
contaminated surficial soil or surface water,
possible sources of polychlorinated biphenyls,
underground and aboveground storage tanks,
and possible sources of contamination from
activities at the site and adjacent properties.
f. Preliminary vapor encroachment screen using
ASTM E 2600-15 Standard Guide for Vapor
Encroachment Screening on Property Involved
in Real Estate Transactions, to evaluate the
potential vapor encroachment conditions.
g. Evaluating the likelihood of the presence of
“commonly encountered conditions” such as
asbestos-containing materials, lead (in soil and in
lead-based paint on buildings), fill materials, and
asbestos-containing materials.
Consultant will provide a Draft ISA to the City. Upon
City review, Consultant will address comments,
incorporate revisions and/or provide responses to
finalize the ISA and obtain final approval by the City.
Task 6.4 Location Hydraulic Study and Summary
Floodplain Encroachment Report
The Consultant will prepare a Location Hydraulic
Study, consistent with 23 CFR 650 Subpart A,
Section 650.111 (b)(c)(d) and Caltrans’ SER Chapter
17 – Floodplains guidance. The Location Hydraulic
Study will determine if the project would result in
minimal or significant encroachment on the base
floodplain and if the project is consistent with
existing watershed and floodplain management
programs. The study will be prepared by a
registered engineer with hydraulic expertise.
Based on the nature of the improvements and
the status of the floodplain, it is assumed that the
recommended alternative will not cause an increase
in the base floodplain elevation (BFE). If impacts
are determined to be unavoidable, a hydraulic
computer model would be required to determine
the amount of increase in order to determine the
floodplain encroachment impacts. This analysis is
not included as part of this scope, but could be
provided, if necessary, under separate authorization.
The Consultant will prepare a Summary Floodplain
Encroachment Report per Caltrans’ SER Chapter
17 – Floodplains guidance. It is assumed that the
project does not have a significant encroachment.
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The Summary Floodplain Encroachment Report
addresses the following key items:
1) Is the proposed action a longitudinal
encroachment of the base floodplain?
The answer is assumed to be “yes”, and
there will be an evaluation and discussion of
the practical alternatives to any longitudinal
encroachments to supplement this form.
2) Are the risks associated with the
implementation of the proposed action
significant?
The answer is assumed to be “no”.
3) Will the proposed action support probable
incompatible floodplain development?
The answer is assumed to be “no”.
4) Are there any significant impacts on natural and
beneficial floodplain values?
The answer is assumed to be “no”.
5) Routine construction procedures are required
to minimize impacts on the floodplain. Are
there any special mitigation measures necessary
to minimize impacts or restore and preserve
natural and beneficial floodplain values?
The answer is assumed to be “no”.
6) Does the proposed action constitute a
significant floodplain encroachment as defined
in 23 CFR 650.105(q)?
The answer is assumed to be “no”.
7) Are Location Hydraulic Studies that document
the above answers on file?
The answer will be “yes” since a Location
Hydraulic Study is being prepared as part of this
project.
Consultant will provide a Draft Location
Hydraulic Study Report and Summary Floodplain
Encroachment Report Form to the City. Upon
City review, Consultant will address comments,
incorporate revisions and/or provide responses to
finalize the Location Hydraulic Study Report and
Summary Floodplain Encroachment Report Form
and obtain final approval from the City.
Task 6.5 Biological Resources
The Consultant will complete a biological resources
technical study for the project to fulfill the
requirements of CEQA, MSHCP, Caltrans, and the
City, as follows:
Habitat Assessment and General Biological
Survey. The Consultant will conduct an MSHCP
habitat assessment and general biological
survey to include vegetation community/habitat
mapping, special status species habitat assessment,
preliminary jurisdictional aquatic resources mapping,
and general inventory of other biological resources.
The survey will include a Biological Study Area
(BSA) that meets Caltrans’ requirements for the
project and is expected not to exceed 15 acres
in size based on an approximately 6,000 linear
feet trail alignment and 50 feet on either side.
The special status species habitat assessment will
include the MSHCP Section 6.1.3 and 6.3.2 species,
including Burrowing Owl, Narrow Endemic Plants
(Munz’s onion, San Diego ambrosia, Many-stemmed
dudleya, spreading navarretia, California orcutt
grass, Hammitt’s clay-cress, Wright’s trichocoronis),
and Criteria Area Species (San Jacinto Valley
crownscale, Parish’s brittlescale, Davidson’s
saltscale, Thread-leaved brodiaea, Round-leaved
filaree, Smooth tarplant, Coulter’s goldfields, Little
mousetail). The preliminary jurisdictional aquatic
resources mapping will include MSHCP Section
6.1.2 resources, including Riparian/Riverine Areas
and Vernal Pools. A complete list of plant and
animal species observed or otherwise detected will
be recorded in the field, along with representative
photographs of the BSA.
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Rare Plant Surveys (Including Narrow Endemic
Plant and Criteria Area Species). Based on the
Consultant Team’s experience in the City, it is
expected that suitable habitat may occur within
the BSA for at least some of the Narrow Endemic
Plant and Criteria Area Species known to the
region. As such, we will conduct rare plant surveys
within the BSA to include up to three survey efforts
spread over the target species’ blooming/flowering
periods. The three surveys are expected to occur in
March, April/May, and June/July, depending upon
environmental conditions encountered during the
survey year. The results of the survey effort will be
documented in the Natural Environment Study (NES)
and MSHCP Consistency Report, presented below.
Burrowing Owl Surveys. Based on the Consultant
Team’s experience in the City, it is expected that
suitable habitat may occur within the BSA for the
Burrowing Owl. As such, we will conduct focused
Burrowing Owl surveys in accordance with MSHCP
survey protocol, which requires four surveys
between March 1 and August 31. The results of the
survey effort will be documented in a stand-alone
report. An electronic copy of the report will be
submitted to the City for review. We will revise the
report based on a single set of comments provided
by the City. An electronic copy of the final report will
be submitted to the City and appended to the NES
and MSHCP Consistency Report, presented below.
Jurisdictional Delineation (Including Riparian/
Riverine Areas and Vernal Pools). Based on the
Consultant Team’s experience in the City and Lake
Elsinore shoreline and back basin, the limits of
potential jurisdictional aquatic resources can be
defined by both elevation and the presence of field
indicators. As such, we will conduct formal mapping
and delineation of potential agency jurisdictional
boundaries, including those areas subject to the
regulatory jurisdiction of the U.S. Army Corps of
Engineers (USACE), Regional Water Quality Control
Board (RWQCB), and California Department of Fish
and Wildlife (CDFW). The mapping and delineation
effort will also be directed at MSHCP Section 6.1.2
Riparian/Riverine Areas and Vernal Pools. The results
of the survey effort will be documented in the NES
and MSHCP Consistency Report and Determination
of Biologically Equivalent or Superior Preservation
(DBESP) Report, presented below. The results will
also be used for project permitting efforts.
Natural Environment Study (NES) and MSHCP
Consistency Report. Upon completion of fieldwork,
we will document the results of the biological
resources technical study in a report that will be
compatible to meet CEQA, MSHCP, Caltrans,
and City content and format requirements. The
report will follow Caltrans’ format and content
requirements for an NES but will also include
content to demonstrate MSHCP consistency and
CEQA compliance. The report will document the
study methods, results, applicable regulations,
avoidance and minimization measures, project
impacts, and recommendations for mitigation
measures that reduce the significance of project
impacts in accordance with the MSHCP and CEQA.
The project includes a segment of a major regional
trail, referred to as the Murrieta Creek Trail, and is
expected to be considered a Covered Public Access
Activity under the MSHCP pursuant to MSHCP
Section 7. Therefore, the report will incorporate the
public access guidelines consistent with MSHCP
Section 7.4.2. An electronic copy of the draft report
will be provided to the City for review. We will revise
the draft report based on a single set of comments
provided by the City. An electronic and up to four
hard copies of the final report will be provided
to the City for their records. The BSA and impact
analysis documented in the report assume a single
version of the project description and project plans.
Once preparation of the report has been initiated,
changes to the project description or impact areas
that would result in needing to revise the report
would necessitate an amendment to the scope and
fee.
Determination of Biologically Equivalent or
Superior Preservation (DBESP) Report. If the
project would result in unavoidable impacts on
MSHCP Section 6.1.2 Riparian/Riverine Areas
and Vernal Pools, or if the project would result in
unavoidable impacts on core populations of MSHCP
Section 6.3.2 Burrowing Owl or Criteria Area Plants,
then we will prepare a DBESP in accordance with
MSHCP requirements to document the impacts
on the resources’ functions and values, in addition
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to recommended avoidance, minimization, and
mitigation measures that result in biologically
equivalent or superior preservation. The report
will follow the Western Riverside County Regional
Conservation Authority (RCA) format and content
recommendations for a DBESP. An electronic copy
of the draft report will be provided to the City for
review. We will revise the draft report based on a
single set of comments provided by the City. An
electronic and up to four hard copies of the final
report will be provided to the City for their records.
According to data readily available, portions of the
project appear to occur within MSHCP Criteria Cells
5036, 5137, 5140, and 5240 as part of Subunit 3 –
Elsinore. Due to the project’s location within MSHCP
Criteria Cells, the DBESP will require Joint Project
Review (JPR) by the RCA and Wildlife Agencies (U.S.
Fish and Wildlife Service and CDFW, collectively).
Once the DBESP is submitted for JPR review and
processing, as-needed support will be provided to
the City, as presented below.
Lake Elsinore Acquisition Process (LEAP).
According to data readily available, portions of
the project appear to occur within MSHCP Criteria
Cells 5036, 5137, 5140, and 5240 as part of
Subunit 3 – Elsinore. As such, we will prepare the
LEAP application package as part of the MSHCP
consistency review for the project. The package
will include a cover letter, forms, and supporting
documentation. Once the LEAP is submitted for City
review and processing, as-needed support will be
provided, as presented below.
As-Needed Support during MSHCP Consistency
Review. The Consultant will provide as-needed
support to the City during agency review and
processing of project’s MSHCP consistency
documentation. The effort necessary can vary
depending on the biological resource issues,
agency staff assignments and project priorities,
and mitigation negotiations, among other factors.
As-needed support anticipated under this task
include attendance at meetings, participation in
phone and e-mail correspondence, assisting the
City with response to agency comments, revising
documentation, and preparation of additional
documentation. For cost purposes, we have
assumed the equivalent of 30 hours of Principal
and GIS Specialist time for this task. Only the
number of hours expended will be billed; if the City
requests additional services in excess of this budget,
an amendment to the scope and fee would be
required.
Task 6.6 Cultural Resources
The Consultant will prepare an Area of Potential
Effects (APE) Map, an Archaeological Survey
Report (ASR), and a Historic Property Survey
Report (HPSR), consistent with Caltrans format
and content requirements, and these documents
will support both the CEQA and NEPA processes.
The APE Map will incorporate the limits of physical
disturbance, appropriate buffers from the limits
of disturbance, and construction staging areas,
and will be reviewed and approved by the City
and Caltrans prior to completion of the ASR. The
Consultant will prepare an ASR in the required
Caltrans format using the appropriate templates on
the Caltrans SER website to satisfy the requirements
of Section 106 of the National Historic Preservation
Act. A records search from the Eastern Information
Center will be obtained, and the Native American
Heritage Commission (NAHC) will be contacted
for a Sacred Lands File search and a list of Native
American contacts. Native American representatives
recommended by the NAHC will be contacted
to solicit information regarding cultural and tribal
resources. The Consultant will also assist the City
with Assembly Bill 52 notifications, if requested. A
field survey will also be conducted (which includes a
Native American monitor) to observe and record any
visible archaeological resources or cultural material
within the project APE. An HPSR will be prepared
summarizing the findings of the ASR and Native
American outreach.
It is expected that the survey will not result in
the identification of any potentially significant
archaeological resources requiring an Extended
Phase I (XPhI) investigation; no historic buildings
or structures will be within the APE, evaluation of
historic resources and preparation of a Historic
Resources Evaluation Report (HRER) will not
be required; and that the ASR will satisfy the
information requirements of a Cultural Resources
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Technical Report per CEQA Guidelines, and a
separate technical report for submittal to the City
will not be required.
Should archaeological resources be identified
during the Phase I survey, an XPhI study would
be conducted to assess the presence and extent
of subsurface cultural deposits associated with
the resource. If the XPhI indicates the presence of
subsurface cultural deposits, we would develop and
implement a testing plan designed to evaluate the
significance/National Register eligibility of the site.
The steps for this process include preparation of
an XPhI proposal (i.e., a testing plan) for approval
by Caltrans and the City, implementation of the
XPhI plan, implementation of a Phase II study, and
preparation of an Archaeological Evaluation Report
(AER) documenting the methods and results of the
Phase II study. The scope and cost of the XPhI and
Phase II studies and associated tasks would depend
on the extent and nature of cultural resources
identified and would require a change order.
Task 7 • Prepare CEQA Initial Study/Mitigated Negative Declaration
Task 7.1 Draft Initial Study/Mitigated Negative
Declaration
The Consultant will prepare a Draft IS/MND,
pursuant to CEQA, in support of the proposed
project and with the City as the CEQA Lead
Agency. The Draft IS/MND will follow the City’s
current standard format and will include an
introduction, description of the proposed project,
an environmental checklist with an evaluation of
potential impacts, and supporting figures. The Draft
IS/MND will summarize the results and conclusions
of the technical studies prepared for the project,
as well as address each environmental issue in the
environmental checklist.
The Consultant will prepare an electronic copy
(in Microsoft Word and Adobe Acrobat format)
of a screencheck Draft IS/MND for City review.
Following revisions (which are assumed to be minor,
not requiring new or substantially revised analysis),
we will submit an electronic copy (in Microsoft
Word and Adobe Acrobat format) of a revised
screencheck Draft IS/MND for City review. The
revised screencheck will serve as a “proof” version
of the public review Draft IS/MND. Following any
minor revisions, we will produce 15 CDs (containing
the Notice of Completion/Environmental Document
Transmittal, the public review Draft IS/MND,
technical appendices, and the Office of Planning
and Research’s Summary Form for Electronic
Document Submittal) and one paper copy of the
Notice of Completion/Environmental Document
Transmittal and Summary Form for Electronic
Document Submittal for submittal to the State
Clearinghouse. The Consultant will also produce
up to five printed copies of the public review Draft
IS/MND (with technical appendices on a CD and
attached to the printed Draft IS/MND) and ten CDs
containing the public review Draft IS/MND and
technical appendices.
The Consultant will assist the City with noticing,
including preparation of the Notice of Completion/
Environmental Document Transmittal, Summary
Form for Electronic Document Submittal, and Notice
of Intent to Adopt a Mitigated Negative Declaration
(NOI). The Consultant will also be responsible for
submitting the required deliverables to the State
Clearinghouse and distributing the Public Draft IS/
MND based on a distribution list reviewed and
approved by the City. The City will be responsible
for publication of the NOI in one local newspaper.
Task 7.2 Final Initial Study/Mitigated Negative
Declaration
In consultation with City staff, we will respond to
comments received on the content of the Draft IS/
MND during public review of the document. The
Consultant will respond to up to 30 substantive
(and non-duplicative) public comments (within the
comment letters) on the Draft IS/MND contents and
conclusions. The responses, errata, and revisions
to the Draft IS/MND (as needed), and a Mitigation
Monitoring and Reporting Program (MMRP) will
be incorporated into the Final IS/MND. One set of
revisions will be completed prior to finalizing the
deliverables. The Consultant will produce up to five
printed copies of the Final ISMND (with technical
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appendices on a CD and attached to the printed
Final IS/MND) and ten CDs containing the Final
IS/MND and technical appendices, along with an
electronic copy.
If the Final IS/MND is adopted by the City Council,
we will prepare the Notice of Determination (NOD)
for review and approval by City. The City will be
responsible for filing the NOD at the County Clerk
within five days after adoption of the Final IS/MND
as well as payment of County Clerk and CDFW
CEQA filing fees.
Task 8 • Permitting Agency Coordination
If the project cannot be designed to avoid impacts
on jurisdictional aquatic resources, then the
Consultant will assist the City by coordinating with
the regulatory agencies from which permits will be
needed for subsequent phases of the work (under
separate agreement).
Task 8.1 Agency Pre-Application Meetings
As requested and to the extent budgeted, the
Consultant will assist the City in coordinating
and attending pre-application meetings with the
USACE, CDFW, and/or RWQCB to discuss the
project, present the jurisdictional aquatic resources
delineation findings, and establish the course for
project permitting. Up to two (2) meetings are
assumed as part of this task.
Additional Services:
Any services not specifically described in the
above scope, as well as any changes in the scope
the Client requests, will be considered Additional
Services and will be performed for a fee to be
negotiated at the time of the request. Prior to
commencing the Additional Services, Consultant
will obtain prior written approval from the Client.
Additional services we can provide include, but are
not limited to, the following:
• Appraisals
• Geotechnical investigation
• Structural engineering and analysis
• Final engineering design
• Utility planning and design
• Utility Potholing
• Landscape architecture final design
• Traffic engineering design
• Preparation of a SWPPP
• Bid and construction services
• Attendance at Council or Commission meetings
• Agency permitting
• Preparation of plat and legal documents
• Additional environmental technical studies and
analysis
• Floodplain hydrologic modeling
Figure 4-21 Trails Plan
Trail Location Map