HomeMy WebLinkAboutItem No. 09 Amend. No. 1 PSA Dudek Bio ResourcesCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-543
Agenda Date: 4/14/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 9)
Amendment No. 1 to the Professional Services Agreement with Dudek for Biological
Resources Assessments and Surveys
1.Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement
with Dudek for Biological Resources Assessments and Surveys in an amount not to exceed
$335,980, in substantially the form attached and in such final form as approved by the City Attorney;
and
2.Appropriate General Fund reserves to the Community Development Department budget to pay for
these services and include the B3 Strategy in the proposed annual operating budget.
Page 1 City of Lake Elsinore Printed on 7/1/2020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Date: April 14, 2020
Subject: Amendment No. 1 to the Professional Services Agreement with Dudek
for Biological Resources Assessments and Surveys
Recommendation
1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services
Agreement with Dudek for Biological Resources Assessments and Surveys in an
amount not to exceed $335,980, in substantially the form attached and in such final form
as approved by the City Attorney, and
2. Appropriate General Fund reserves to the Community Development Department budget
to pay for these services and include the B3 Strategy in the proposed annual operating
budget.
Background
On March 2, 2020, the City Manager entered into a Professional Services Agreement (“Original
Agreement”) with Dudek to conduct certain biological resources assessment and surveys in the
Lake Elsinore Back Basin in furtherance of the proposed Back Basin Biological (B3) Strategy.
The B3 Strategy is the next step in East Lake Specific Plan (ELSP) implementation which aims
to streamline the environmental permitting process by taking a comprehensive approach to
mitigation requirements consistent with the ELSP in lieu of the burden and delay of individual
project case by case permit processing with federal, state and regional regulatory agencies.
Discussion
The first step to developing the B3 comprehensive strategy is to understand the biological
resource values within the ELSP Dudek is a consulting firm specializing in biological resources
assessments/surveys and familiar with MSHCP implementation. The Original Agreement
authorized Dudek to commence services consistent with a Scope of Work outlining the City’s
and Dudek’s understanding of the requisite services for the formulation of the B3 strategy. The
original Agreement contemplated an Amendment presented to City Council to authorize Dudek
to undertake the full scope of work.
Dudek and the City team have engaged in consultations with the resource agencies to further
refine the scope of services. City staff has obtained Right of Entry agreements from various
property owners in the Back Basin to provide access for the requisite fieldwork which has been
postponed due to weather, but is anticipated to commence in mid-Aril and conclude in February
2021.
Amendment No. 1 to Professional Services Agreement - Dudek
April 14, 2020
Page 2
Fiscal Impact
Professional Services for the B3 Strategy and environmental regulatory matters are budgeted
and paid from the General Fund – planning outside services. The Original Agreement and the
proposed Amendment No. 1 provide for a total contract amount of $365,980. General Funds
will be appropriated to the Community Development Department budget to pay for these
services and will be included in the proposed annual operating budget.
Exhibits:
A – First Amendment
B – Revised Scope of Work
C – Professional Services Agreement Proposal
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
Dudek
Biological Resources Assessments and Surveys
This Amendment No. 1 to Agreement for Professional Services (“Amendment No. 1”) is
made and entered into as of April 14, 2020 by and between the City of Lake Elsinore (“City), a
municipal corporation, and Dudek, a California corporation ("Consultant").
RECITALS
A. City and Consultant entered into that certain Agreement for Professional
Services dated as of March 2, 2020 (the “Original Agreement”) for biological resource
assessment and surveys in connection with the Back Basin Biological (B3) Strategy to address
natural resource regulatory issues within the Back Basin. Except as otherwise defined herein,
all capitalized terms used herein shall have the meanings set forth for such terms in the Original
Agreement.
B. The Original Agreement provided for compensation to Consultant in an original
amount not to exceed Thirty Thousand Dollars ($30,000) without additional written authorization
from the City.
C. The parties now desire to refine the Scope of Work and increase the
compensation in an amount not to exceed Three Hundred Thirty-Five Thousand Nine Hundred
Eighty Dollars ($335,980) in accordance with the terms set forth in this Amendment No. 1.
D. The Original Agreement and this Amendment No. 1 shall collectively be referred
to as the “Agreement.”
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. Section 1, of the Original Agreement is amended to add the following:
“Consultant’s Proposal shall be amended and restated in its entirety to include all
services and related work consistent with Consultant’s April 8, 2020 Proposal (Exhibit 1-
A).”
2. Section 2, subpart c of the Original Agreement is amended as follows:
“The Term of this Agreement shall continue until the services and related work
set forth in Consultant’s Proposal unless sooner terminated pursuant to the provisions of
this Agreement.
3. Section 3. Compensation of the Original Agreement is hereby
amended to add the following:
“In no event shall Consultant’s compensation for services and related work
consistent with Consultant’s April 8, 2020 Proposal (Exhibit 1-A) exceed a total of Three
Hundred Sixty-Five Thousand Nine Hundred Eighty Dollars ($365,980) without additional
written authorization from the City.
4. Except for the changes specifically set forth herein, all other terms and
conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the day and
year first set forth above.
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”
DUDEK, a California corporation
Joseph Monaco, President & CEO
Attachments: Exhibit 1-A – Consultant’s April 8, 2020 Proposal
EXHIBIT 1-A
[See Attached]
1 April 2020
April 8, 2020 220166
Mr. Steve Letterly
Letterly Environmental & Land Management
(on behalf of the City of Lake Elsinore)
Electronic submittal to: sletterly@letterlymgmt.com
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
Dear Mr. Letterly:
Based on our initial meeting with the RCA and Wildlife Agencies, the following surveys are included in this scope of
work:
A habitat assessment for burrowing owl that includes surveying for burrows and sign.
MSHCP criteria area and narrow endemic plant species habitat assessment and focused surveys
Mapping of vernal pools
Preparation of a vegetation map.
We know the City of Lake Elsinore is working on gaining rights of entry to the Back Basin survey area, which is 2,141
acres. This scope of work assumes that Dudek will survey up to 2,141 acre of land.
Scope of Services
In providing costs, we have assumed that there are resources throughout the entirety of the 2,141-acre survey area
to provide a “worst-case scenario” in terms of costs. It is possible that after initial habitat assessments, the
resources are not as prevalent and the survey effort would be reduced. Therefore, the cost provided herein is an
initial cost based upon the assumptions provided but will be refined as more information is gathered.
Task 1 Vegetation Mapping and Riparian/Riverine
This task will be initiated with a literature and data review. Dudek will review existing vegetation mapping data including
California Native Plant Society’s (CNPS) Western Riverside County Vegetation Map Update (CNPS 2012). The most recent
soils map bases will also be used to help inform the vegetation mapping. Additional information sources consulted will
include Dudek’s internal geographic information system (GIS) biological resources database of MSHCP Data Layers and
historic and current aerial photographs, as appropriate.
In order to locate and characterize vegetation communities, including habitats for special-status species, within the
project site, Dudek will conduct vegetation mapping on the 2,141-acre Lake Elsinore B3 biological survey area. The
vegetation mapping will be consistent with the Protocols for Surveying and Evaluating Impacts to Special Status
Native Populations and Natural Communities (CDFG 2009) and vegetation communities will be identified by keying
them out in the Manual of California, Second Edition (Sawyer, Keeler-Wolf, and Evans 2009) which can be cross-
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
2 April 2020
walked back to Western Riverside County Vegetation Map Update (CNPS 2012) and the MSHCP Collapsed and
Uncollapsed Vegetation Community Classifications. Vegetation communities will be classified based on site factors,
descriptions, distribution, and characteristic species present within an area. Information such as dominant species
and associated cover classes, aspect, canopy height, and visible disturbance factors will be recorded. In some
areas, the vegetation communities observed in the field may not match those described in Sawyer, Keeler-Wolf,
and Evans (2009). In these instances, Dudek will generate additional site-specific vegetation community or land
cover classifications. Based on our preliminary review, a large portion of the survey area contains grasslands.
Because non-native grasslands are not classified as a sensitive natural community, these vegetation communities
will not be mapped to the alliance or association level. For example, a stand of Bromus diandrus would simply be
mapped as non-native grasslands because alliance and association level information does not change the fact that
non-native grasslands are not considered sensitive. This approach will reduce the cost of mapping vegetation within
the planning area. Finally, vernal pools, a MSHCP Uncollapsed Vegetation Community Classification, will be
captured under Task 3 and incorporated into the final vegetation map.
Dudek biologists will map vegetation communities on the project site while in the field, either directly onto 200-
scale (1 inch = 200 feet), false-color digital orthographic maps or directly into an ESRI ArcGIS mobile application.
Areas where access has not been granted will be mapped from public roads or parcels where access has been
granted and will utilize previous mapping and aerial signatures.
A Dudek GIS technician will digitize the vegetation boundaries into an ArcGIS file and create a GIS coverage for
vegetation communities. Once major line work and community designations are completed, a geodatabase will be
created to verify these data are topologically correct and meet final quality control and assurance procedures. These
processes will include reviewing the original mapping in tandem with the digital data, as well as a comparison of
the field form data with the final vegetation community designations. The GIS data can be provided to the client, if
desired.
During the vegetation mapping, Dudek will assess the study area for riparian/riverine habitat as defined by Section
6.1.2 of the MSHCP. As required by the MSHCP, the documentation for the assessment will include mapping of
riparian/riverine habitat and a description of the functions and values of the mapped areas with respect to
riparian/riverine species identified in section 6.1.2 of the MSHCP.
Deliverables:
Vegetation map and community descriptions to be included in final Existing Conditions Report
Assumptions:
Approximately 2,141 acres are included within the survey boundary
Areas not accessible on foot and will be mapped from public rights-of-way, adjacent parcels where access
is granted, or via aerial interpretation based on aerial signatures that were field verified
Mapping of vernal pools will be captured under Task 3 and results of this effort will be incorporated into
the final vegetation map
Assumes 200 acres can be mapped per person day; therefore, this cost estimate assumes a total of 11
person-days
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
3 April 2020
Task 2 Burrowing Owl Habitat Assessment
In accordance with the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat
Conservation Plan Area (RCA 2006), Dudek will identify suitable habitat for burrowing owl (Athene cunicularia;
California Species of Special Concern) within legally accessible parcels in the study area. Suitable habitat will be
identified by performing a Step I habitat assessment and Step II-A focused burrow survey, as outlined in the
Burrowing Owl Survey Instructions. The Step I habitat assessment will identify habitat that is potentially suitable for
burrowing owl (e.g., relatively open habitat with low gradients and burrow resources), and will be conducted
concurrently with Task 1, Vegetation Mapping.
Following the habitat assessment, a focused burrow survey will be performed in 100% of the areas identified as
suitable in the habitat assessment. The focused burrow survey will be conducted by qualified biologists that will
walk straight-line transects spaced between 21 and 66 feet (7 and 20 meters) apart, depending on visibility (i.e.,
degree of blocking due to topography or vegetation, etc.) throughout the portions of the study area identified in
Task 1, Vegetation Mapping. All burrows or constructed structures potentially suitable for burrowing owl (i.e.,
containing openings that are 11 cm or greater in diameter) will be mapped using a GPS unit. Surveyors will also
document any incidentally observed burrowing owl sign (i.e., owl pellets, prints, molting feathers, abundant insect
remains, white-wash, etc.). All burrowing owl sightings, occupied burrows and burrows with owl sign will be mapped
during the survey.
For purposes of this estimate, it is assumed that a 15-meter separation will occur and therefore, approximately 430
miles of transects would be required. Assuming a survey rate of around 10 miles per day per biologist, it is assumed
that approximately 43 person days would be required.
Deliverables:
Data to be included in the final Existing Conditions Report
Assumptions:
It is assumed that 43 person days would be required to cover up to the 2,141 acres.
Task 3 Vernal Pool Delineation and Fairy Shrimp Assessment
Section 6.1.2 of the MSHCP requires an assessment of vernal pool resources and fairy shrimp habitat. Fairy shrimp
occur within vernal pools; however, fairy shrimp can also occur within ephemeral ponds that do not otherwise meet
the definition of a vernal pool. Therefore, a fairy shrimp habitat assessment includes an assessment of all ponded
areas within a study area. This task will determine the potential for fairy shrimp habitat within study area by mapping
all pond features. As required by the MSHCP, the determination of a pond’s function as a vernal pool will be
determined using the area’s history, vegetation, soils, drainage characteristics, weather, and hydrologic records.
To determine if ephemeral ponds potentially supporting fairy shrimp are present, Dudek will conduct an aerial
survey via helicopter after a substantial storm event to identify areas ponding within the project site. During the
aerial survey, locations of visibly ponded areas will be mapped using GPS.
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
4 April 2020
Following the initial aerial inventory, qualified Dudek vernal pool biologists and botanists will visit the identified
locations to inventory the potential pools and categorize vernal pool indicators. Given the cryptic nature of vernal
pools in this region, ideal visits will occur following substantial rain events (>0.1 inch) and again during the blooming
period of vernal pool plant species. It is assumed that the assessment will take 15 person days to conduct the
inventory.
Deliverables:
Data to be included in the final Existing Conditions Report
Assumptions:
A total of 15 person days in addition to the helicopter survey will be adequate
This effort will result in mapping of ephemeral ponds and vernal pools; however, does not include protocol
surveys for fairy shrimp as it is too late in the season to initiate fairy shrimp surveys.
Task 4 MSHCP Criteria Area and Narrow Endemic Plant Species Habitat
Assessment and Focused Surveys
A qualified Dudek botanist will conduct a habitat assessment and focused Criteria Area and Narrow Endemic Plant
Species survey, as applicable, within the study area.
Dudek will first conduct a habitat assessment for Criteria Area Plant Species including San Jacinto Valley
crownscale, Parish’s brittlescale, Davidson’s saltscale, Thread-leaved brodiaea, round-leaved filaree, Smooth
tarplant, Coulter’s goldfield and little mousetail, and Narrow Endemic Plants including Munz’s onion, San Diego
ambrosia, Many-stemmed dudleya, spreading navarretia, California orcutt grass, Hammitt’s clay-cress, and Wright’s
trichocoronis within the 2,141-acre study area. A qualified biologist will walk meandering transects throughout the
study area to assess current site conditions, vegetation, and soils,
The MSHCP requires focused Criteria Area and Narrow Endemic Plant species surveys if a habitat assessment
determines suitable habitat is present. Based on our knowledge of the area and soils present, and assuming worst
case scenario, this scope of work assumes that 100% of the site will support suitable habitat requiring focused
surveys, totaling approximately 2,141 acres of surveys. Therefore, focused surveys would be conducted for Criteria
Area Plant Species (San Jacinto Valley crownscale, Parish’s brittlescale, Davidson’s saltscale, Thread-leaved
brodiaea, round-leaved filaree, Smooth tarplant, Coulter’s goldfield and little mousetail) and Narrow Endemic Plants
(Munz’s onion, San Diego ambrosia, Many-stemmed dudleya, spreading navarretia, California orcutt grass,
Hammitt’s clay-cress, and Wright’s trichocoronis) within the Study Area. Focused surveys for Criteria Area and
Narrow Endemic Plant species will be conducted within suitable habitat and in compliance with the MSHCP which
require surveys should be conducted during the appropriate blooming period as listed within MSHCP Table 6-1 and
conducted during an adequate rainfall year in accordance with MSHCP guidelines. During years of below average
rainfall, plants may bloom during periods other than described in literature or may not bloom at all. Dudek will check
reference populations (i.e., known locations of target species) prior to conducting the surveys. This approach helps
to ensure that surveys are conducted at the appropriate time for that species.
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
5 April 2020
Utilizing reference populations, we anticipate three passes to ensure the full blooming period is covered. Focused
plant surveys will be conducted by qualified biologists familiar with MSHCP Criteria Area and Narrow Endemic Plant
species and will follow MSHCP requirements. The plant species encountered during the field surveys will be
identified to subspecies or variety, if applicable, to determine sensitivity status. If target species are encountered,
field personnel will record data points demarcating edge of polygon and assess population numbers using ESRI’s
Collector Application and a data dictionary. The data dictionary will include, at a minimum, the species name, the
number or range of individuals, and the botanist collecting the data. Methodology and results of the focused surveys
including a table of survey conditions, assessment of the suitability of the survey in terms of timing and levels of
germination observed, and description of results in terms of special-status plant species locations and population
sizes will be incorporated into the Existing Conditions Report. Maps will be provided which illustrate the location
and number of special-status species observed within the plant survey area.
Deliverables:
Methods and results to be included in the final Existing Conditions Report.
Assumptions:
Reference population checks of two person days per pass are assumed for a total of six person days.
Assumes focused plant surveys will be conducted over three survey passes to cover the full blooming period
of Criteria Area and Narrow Endemic Plant species. It is assumed that survey pass 1 and 2 will cover 100%
of the study area (2,141 acres per pass) with survey pass 3 covering approximately 25% of the study area
(535 acres), for a total survey area of 4,817 acres. A botanist can cover 40 acres per day; therefore, it is
assumed that approximately 120 person days would be required.
Based on the results of the MSHCP Criteria Area and Narrow Endemic Plant Species habitat assessment,
the total acreage for focused plant surveys may decrease.
Task 5 Report Preparation
Dudek will prepare an Existing Conditions Report upon completion of Tasks 1 through 5. The Existing Conditions
Report will include a discussion of the survey methodology, limitations, and results of field surveys completed in
Tasks 1 through 4 above. Special-status biological resources will be described in terms of their regional significance
and presence on site, including an estimate of observed special-status species’ population size and condition. All
biological resources observed or with potential to occur on site will be addressed in the report. All requirements of
the MSHCP will be described. An evaluation of existing habitat value of conserved lands, conservation requirements
for undeveloped areas and remaining conservation to be achieved based on MSHCP Conservation Criteria (i.e.,
Reserve Assembly) will be provided. The Reserve Assembly analysis will evaluate acreage goal requirements of the
applicable Cell(s) or Cell Group, as well as include a review of the study area relative to maintaining the function
and connectivity of the applicable Reserve feature(s) (Core, Linkage, etc.) that is the focus of the Criteria description.
This analysis will also include a discussion of the suitability of the undeveloped areas potentially available for
conservation to support Planning Species in the applicable Subunit and as part of the applicable Reserve Feature
(Core and/or Linkage). Graphics will be prepared to illustrate the location of the site, existing biological conditions,
habitat assessment areas, focused survey areas, and special-status biological resources.
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
6 April 2020
Deliverables:
One (1) draft version in electronic format of the Existing Conditions Report for review by the client
One (1) final version in electronic format of the Existing Conditions Report for review by the client.
Task 6 Meeting Attendance
Dudek’s culture is to work collaboratively with our clients by maintaining regular and effective communication. A
project is successful when assumptions and expectations are understood at the onset of the project. Additionally,
the project requires meetings with the City, the RCA, the Wildlife Agencies, and consultants. Additionally, preparation
of meeting notes will likely be required.
Task 7 Contract Administrative/Project Management
This task includes contract and schedule management. Dudek will provide monthly updates (or more regular up
request from the City) on budget and schedule progress to the City. This task includes regular calls with the City to
discuss milestones, activities and any potential issues. This task also includes project management meetings with
key staff to coordinate all works effects, monitor task completion, and review budgets.
Cost Estimate
As requested, Dudek’s standard fee schedule is provided in Appendix A and the pricing for conducting biological
fieldwork, report preparation, and meeting attendance is provided in Table 1 below. The costs in Table 1 include
administrative costs and reimbursable and are based on the assumptions outlined in the above scope.
Table 1. Cost Estimate
Task Cost Estimate
Task 1 Vegetation Mapping $40,000
Task 2 Burrowing Owl Habitat Assessment $46,650
Task 3 Vernal Pool Delineation and Fairy Shrimp Assessment $44,050
Task 4 MSHCP Criteria Area and Narrow Endemic Plant Species Habitat Assessment
and Focused Surveys
$200,000
Task 5 Report Preparation $20,280
Task 6 Meeting Attendance $10,000
Task 7 Contract Administrative/Project Management $5,000
Total $365,980
Please direct any questions or comments you have regarding our proposal to me at 760-479-4281 or
menright@dudek.com. We thank you for the opportunity to propose on these efforts and look forward to discussing
this with you further.
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
7 April 2020
Sincerely,
_____________________________________
Megan Enright,
Principal
Appendix A
Dudek Standard Rates
DUDEK
2020 STANDARD SCHEDULE OF CHARGES
Effective January 1, 2020
ENGINEERING SERVICES
Project Director ........................................................................... $290.00/hr
Principal Engineer lll ................................................................... $270.00/hr
Principal Engineer II .................................................................... $260.00/hr
Principal Engineer I ..................................................................... $250.00/hr
Program Manager ....................................................................... $235.00/hr
Senior Project Manager .............................................................. $235.00/hr
Project Manager ......................................................................... $230.00/hr
Senior Engineer III ...................................................................... $225.00/hr
Senior Engineer II ...................................................................... $215.00/hr
Senior Engineer I ....................................................................... $205.00/hr
Project Engineer IV/Technician IV ............................................... $195.00/hr
Project Engineer llI/Technician III ................................................ $185.00/hr
Project Engineer lI/Technician II .................................................. $170.00/hr
Project Engineer I/Technician I .................................................... $155.00/hr
Senior Designer .......................................................................... $175.00/hr
Designer ..................................................................................... $165.00/hr
Assistant Designer ...................................................................... $160.00/hr
CADD Operator III ...................................................................... $155.00/hr
CADD Operator II ....................................................................... $145.00/hr
CADD Operator I ........................................................................ $130.00/hr
CADD Drafter ............................................................................. $120.00/hr
CADD Technician ....................................................................... $110.00/hr
Project Coordinator ..................................................................... $135.00/hr
Engineering Assistant ................................................................. $115.00/hr
ENVIRONMENTAL SERVICES
Project Director ........................................................................... $245.00/hr
Senior Specialist IV ..................................................................... $230.00/hr
Senior Specialist III ..................................................................... $220.00/hr
Senior Specialist II ...................................................................... $200.00/hr
Senior Specialist I ....................................................................... $190.00/hr
Specialist V ................................................................................. $180.00/hr
Specialist IV ................................................................................ $170.00/hr
Specialist III ................................................................................ $160.00/hr
Specialist II ................................................................................. $145.00/hr
Specialist I .................................................................................. $130.00/hr
Analyst V .................................................................................... $120.00/hr
Analyst IV ................................................................................... $110.00/hr
Analyst III .................................................................................... $100.00/hr
Analyst II ....................................................................................... $90.00/hr
Analyst I........................................................................................ $80.00/hr
Technician V ............................................................................... $100.00/hr
Technician IV ................................................................................ $90.00/hr
Technician III ................................................................................ $80.00/hr
Technician II ................................................................................. $70.00/hr
Technician I .................................................................................. $60.00/hr
Compliance Monitor ...................................................................... $95.00/hr
DATA MANAGEMENT SERVICES
GIS Programmer I ....................................................................... $185.00/hr
GIS Specialist IV ......................................................................... $160.00/hr
GIS Specialist III ......................................................................... $150.00/hr
GIS Specialist II .......................................................................... $140.00/hr
GIS Specialist I ........................................................................... $130.00/hr
Data Analyst III ........................................................................... $100.00/hr
Data Analyst II .............................................................................. $90.00/hr
Data Analyst I ............................................................................... $80.00/hr
UAS Pilot .................................................................................... $100.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager ....................................................................... $195.00/hr
Senior Construction Manager ..................................................... $180.00/hr
Senior Project Manager .............................................................. $165.00/hr
Construction Manager ................................................................. $155.00/hr
Project Manager ......................................................................... $145.00/hr
Resident Engineer .......................................................... …….….$145.00/hr
Construction Engineer................................................................. $140.00/hr
On-site Owner’s Representative .................................................. $140.00/hr
Construction Inspector III ............................................................ $130.00/hr
Construction Inspector II ............................................................. $120.00/hr
Construction Inspector I .............................................................. $110.00/hr
Prevailing Wage Inspector .......................................................... $135.00/hr
HYDROGEOLOGY/HAZWASTE SERVICES
Project Director ............................................................................$285.00/hr
Principal Hydrogeologist/Engineer II ............................................$265.00/hr
Principal Hydrogeologist/Engineer I .............................................$250.00/hr
Sr. Hydrogeologist IV/Engineer IV ............................................... $235.00/hr
Sr. Hydrogeologist III/Engineer III ................................................$220.00/hr
Sr. Hydrogeologist II/Engineer II ..................................................$205.00/hr
Sr. Hydrogeologist I/Engineer I ....................................................$190.00/hr
Hydrogeologist VI/Engineer VI .................................................... $175.00/hr
Hydrogeologist V/Engineer V .......................................................$165.00/hr
Hydrogeologist IV/Engineer IV .....................................................$155.00/hr
Hydrogeologist III/Engineer III ......................................................$145.00/hr
Hydrogeologist II/Engineer II ........................................................$135.00/hr
Hydrogeologist I/Engineer I ..........................................................$125.00/hr
Technician ...................................................................................$100.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager .............................................................$195.00/hr
District Engineer ..........................................................................$185.00/hr
Operations Manager ...................................................................$160.00/hr
District Secretary/Accountant ......................................................$120.00/hr
Collections System Manager .......................................................$135.00/hr
Grade V Operator ........................................................................$125.00/hr
Grade IV Operator .......................................................................$110.00/hr
Grade III Operator .......................................................................$100.00/hr
Grade II Operator ......................................................................... $75.00/hr
Grade I Operator .......................................................................... $70.00/hr
Operator in Training ...................................................................... $65.00/hr
Collection Maintenance Worker II ................................................. $75.00/hr
Collection Maintenance Worker I .................................................. $65.00/hr
CREATIVE SERVICES
3D Graphic Artist .........................................................................$180.00/hr
Graphic Designer IV ....................................................................$160.00/hr
Graphic Designer III .....................................................................$145.00/hr
Graphic Designer II ......................................................................$130.00/hr
Graphic Designer I .......................................................................$115.00/hr
PUBLICATIONS SERVICES
Technical Editor lll .......................................................................$145.00/hr
Technical Editor ll ........................................................................$130.00/hr
Technical Editor l .........................................................................$115.00/hr
Publications Specialist lll ..............................................................$105.00/hr
Publications Specialist ll................................................................ $95.00/hr
Publications Specialist l ................................................................ $85.00/hr
Clerical Administration .................................................................. $90.00/hr
Forensic Engineering – Court appearances, depositions, and interrogatories as expert witness
will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal
rate.
Material and Outside Services – Subcontractors, rental of special equipment, special
reproductions and blueprinting, outside data processing and computer services, etc., are charged
at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is
involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable
upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client
agrees to pay a monthly late charge equal to 1% per month of the outstanding balan ce until paid
in full.
Annual Increases – Unless identified otherwise, these standard rates will increase 3% annually.
The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect
Dudek reserves the right to adjust its rates accordingly.
Professional Services Agmt.Dudek 030520.docx Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Dudek
Biological Resources Assessments and Surveys
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of March 2, 2020, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Dudek, a California corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Biological resources habitat assessments and species surveys for development and
conservation in the Lake Elsinore Back Basin
B. Consultant has submitted to City a proposal, dated February 14, 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
Project Manager, Letterly Environmental & Land Planning Management, and such staff as City
may designate from time to time. Consultant shall collaborate and cooperate with City to
strategically define the scope and schedule of services to be provided by Consultant to
maximize the efficiencies and relevancy of the data collection necessary to advance the goals
and objectives of the City’s Back Basin Biological (B3) Strategy and to minimize costs.
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
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requested by Consultant, extensions to the time period(s) specified may be approved in writing
by the City Manager.
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 under this
Agreement exceed Thirty Thousand dollars ($30,000) without City Council approval of an
Amendment hereto authorizing additional compensation consistent with Consultant’s Proposal.
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. Consultant 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. Consultant’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 Consultant provides services. Consultant’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
Consultant 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
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pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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
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(3) years, or for any longer period required by law, from the date of final payment to Consultant
to this Agreement.
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.
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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
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. Consultant shall indemnify and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury,
bodily injury, loss of life, or damage to property, or any violation of any federal, state, or
municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or
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negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts
for which they could be held strictly liable, or by the quality or character of their work. This
indemnity does not include defense, however, Consultant shall be responsible for defense costs
to the extent incurred as a result of its negligence. The foregoing obligation of Consultant shall
not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the
sole negligence or willf ul misconduct of the City or its officers, employees, agents, or volunteers
and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in
no part to the injury, loss of life, damage to property, or violation of law. Acceptance by City of
insurance certificates and endorsements required under this Agreement does not relieve
Consultant from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply to any damages or claims for damages
whether or not such insurance policies shall have been determined to apply. By execution of
this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that
it is a material element of consideration.
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.
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.
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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 and Professional Liability, 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.
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.
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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: Dudek
Attn: Megan Enright, Principal
3544 University Avenue
Riverside, CA 92501
With a copy to: Dedek
605 Third Street
Encinitas, CA 92024
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.
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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.
24. Reserved.
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.
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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”
DUDEK, a California corporation
Joseph Monaco, President & CEO
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
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EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
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1 February 2020
February 14, 2020 220166
Mr. Steve Letterly
Letterly Environmental & Land Management
(on behalf of the City of Lake Elsinore)
Electronic submittal to: sletterly@letterlymgmt.com
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
Dear Mr. Letterly:
Dudek is pleased to submit our qualifications to you and the City of Lake Elsinore (collectively and herein referred
to as “City) for support of the City’s efforts to further refine the land use plan for the proposed Lake Elsinore East
Lake Specific Plan (ELSP) located in the Lake Elsinore Back Basin. Our goal is to provide an objective scientifically-
based evaluation of biological resources and conservation criteria associated with the ELSP and other areas in the
Back Basin as directed by the City. The following proposal outlines Dudek’s qualifications to perform this work given
our extensive experience writing and then implementing the Multiple Species Habitat Conservation Plan (MSHCP
or Plan) for the past two decades by evaluating projects in the context of consistency with this Plan. In brainstorming
about how we’d approach this project, we’ve also come up with a few items that may be worth the City’s
consideration; they are not expressly requested, but could benefit the overall planning process. We’ve provided our
approach to perform the requested work, a summary of our QA/QC plan, our staff’s qualifications, a cost estimate,
and a schedule for the proposed work.
Dudek has built an impressive team whose familiarity with the biological resources of the ELSP area and MSHCP is
unmatched. Led by our project manager, Megan Enright, who has extensive experience in Western Riverside County,
with the MSHCP conservation criteria, and with species and habitat resources present in the ELSP, the Dudek team
has the experience, bench strength and reputation with resource agencies to perform the requested work. We look
forward to the City’s favorable review of our proposal and appreciate the opportunity of being considered for this
important work.
Project Understanding
The City is seeking assistance to prepare biological resources habitat assessments and species surveys for
development and conservation lands in the ELSP located within the Lake Elsinore Back Basin. The
assessments/surveys need to be completed consistent with MSHCP, Volume I, Chapter 6.0. Dudek understands
that the assessment/survey results will also assist the City in evaluating development and conservation land
relative to the Conservation Criteria, including but not limited to, evaluating the existing habitat value of conserved
lands, conservation requirements for undeveloped lands, and any remaining conservation values to be the fulfilled
in this area by the City. We understand that waters of the U.S./State under the jurisdiction of the U.S. Army Corps
of Engineers, California Department of Fish and Game, and Regional Water Quality Control Board must also be
delineated during surveys. Dudek also understand the need for expedience and that assessments/surveys will
absolutely need to be initiated in the immediate seasonal timeframes for each species.
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
2 February 2020
Qualifications
No firm is more qualified to perform an in-field biological resource reconnaissance and MSHCP consistency
determination in Western Riverside County than Dudek. Dudek, including key team leaders listed on our
organization chart, worked with the County, cities, regulatory agencies, and other stakeholders to prepare the
MSHCP. Many of our core staff, including GIS, environmental planners and biologists that participated in Plan
preparation are still at Dudek – the in-depth knowledge of the nuances of this plan and all that went into its
preparation and negotiation with permitting agencies, remain at Dudek. Once the Plan was adopted by the
Permittees, and the Section 10(a)(1)(B) Incidental Take and Natural Community Conservation Plan permits were
issued, the newly formed Western Riverside County Regional Conservation Authority (RCA) executed an “as needed”
contract with Dudek to perform biological resource evaluations, assistance with the development and
implementation of the “Joint Project Review” process, analysis of Conservation Criteria and Reserve Assembly,
annual reporting, ongoing collaboration and relationship building with USFWS and CDFW personnel, and assistance
with special projects. The Dudek biologists listed on our organization chart have conducted rare plant surveys for
Munz’s onion (Allium munzii) (including preparation, implementation and long-term success criteria monitoring for
the RCA-sponsored Munz’s onion preserve in the Glen Eden area immediately north of the City), San Diego ambrosia
(Ambrosia pumila), many-stemmed dudleya (Dudleya multicaulis), spreading navarretia (Navarretia fossalis),
California Orcutt grass (Orcuttia californica), Hammitt’s clay-cress (Sibaropsis hammittii), Wright’s trichoronis
(Trichocoronis wrightii var. wrightii), San Jacinto Valley crownscale (Atriplex coronata var. notatior), Parish’s
brittlescale (Atriplex parishii), Davidson’s saltscale (Atriplex serenana var. davidsonii), thread-leaved brodiaea
(Brodiaea filifolia), round-leaved filaree (California macrophylla), smooth tarplant (Centromadia pungens ssp.
laevis), Coulter’s goldfields (Lasthenia glabrata ssp. coulteri), and little mousetail (Myosurus minimus ssp. apus).
The biologists listed on our organization chart have also helped develop the current Western Riverside County
burrowing owl protocol and have participated in scoping, protocol negotiations, and field reconnaissance of vernal
pools throughout the western County area for over 20 years.
Dudek biologists and planners have long been involved with discussions with the City and other various biological
resource consultants and developers about the resources in the ELSP area and Back Basin, and various
perspectives on how to achieve the previous 770-acre conservation goal. Dudek Senior Environmental Planner
Wendy Worthey, was a prior principal environmental planner at the City and during this period of her career, she
worked closely with the City attorney, developers, and biologists on Back Basin planning issues.
Recent Project Examples
The request for qualifications (RFQ) asks that proposers provide a list of at least three recent projects within the
Western Riverside County MSHCP plan area that have involved narrow endemic or criteria area plant
surveys/consistency issues, riparian/riverine surveys and evaluations, vernal pool mapping and fairy shrimp
surveys, burrowing owl surveys and conservation evaluations and consistency determinations with the Western
Riverside County MSHCP. The Dudek team members listed on our organization chart have been extensively involved
with the following projects that have touched on one, if not many, of the topics noted above.
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
3 February 2020
Kaiser Permanente Moreno Valley Medical Center Master Plan EIR
Client: Kaiser Foundation Hospitals
Client Reference: Skyler Denniston, Project Manager, 626-405-6333, skyler.x.denniston@kp.org
Completion Date: In progress
Key Personnel: Tommy Molioo, Anna Cassady
Kaiser Foundation Hospitals (also known as Kaiser Permanente) proposed to expand the existing Kaiser
Permanente Moreno Valley Medical Center campus located in Moreno Valley, California. The project redevelops and
modernizes the existing hospital and is being completed in three phases. Dudek conducted habitat assessments
for MSHCP Section 6.1.2 riparian/riverine and vernal pool resources and Section 6.3.2 additional survey needs and
procedures for burrowing owl (Athene cunicularia). Following the habitat assessments, Dudek conducted focused
surveys for burrowing owl and rare plants, including criteria area species thread-leaved brodiaea.
Mockingbird Canyon Wash Restoration Project
Client: Riverside County Flood Control and Water Conservation District
Client Reference: Joan Valle, Associate Engineer, jvalle@rivco.org, 951-955-8856
Completion Date: Still in Progress
Key Personnel: Veronika Archer, Britney Strittmater, Anna Cassady
The Riverside County Flood Control and Water Conservation District (District) is proposing the Mockingbird Canyon
Wash Restoration Project within the community of Woodcrest, unincorporated Riverside County, California. The
project includes improvements as identified in the Mockingbird Canyon Wash Flood Hazard Mitigation Program in
order to alleviate currently known and anticipated erosion, long-term scour, sediment deposition and flooding
problems within 1.5 miles of Mockingbird Canyon Wash. Dudek is contracted to obtain all environmental clearance
for the project including California Environmental Quality Act (CEQA) compliance and regulated waters permitting.
In support of this effort, Dudek conducted habitat assessments for MSHCP Section 6.1.2 riparian/riverine and
vernal pool resources and Section 6.3.2 additional survey needs and procedures for burrowing owl, and focused
surveys for least Bell’s vireo (Vireo bellii pusillus) as well as a delineation of jurisdictional waters and wetlands.
Dudek prepared an MSHCP consistency report with the results of the surveys.
Cajalco Road/Mid-County Parkway Project
Client: Jacobs and Metropolitan Water District (MWD) of Southern California
Client Reference: Merideth Cann (previously at Jacobs), Senior Program Manager, 714-460-2404, mcann@wke-
inc.com; Alexander Marks (MWD), Environmental Specialist, 714-514-5802,
AMarks@mwdh2o.com
Completion Date: Still in Progress – Dudek involvement from 2004 to 2018; Dudek ongoing involvement in MSHCP
review through RCA contract since 2018
Key Personnel: Brock Ortega, Megan Enright, Wendy Worthey
Dudek worked for RCTC as subcontractor under Jacobs. RCTC, in cooperation with the Federal Highway
Administration (as the lead agency under the National Environmental Policy Act), the California Department of
Transportation (Caltrans) District 8, the County of Riverside, the City of San Jacinto, and the City of Perris, proposed
to construct the Mid-County Parkway (MCP) Project in Riverside County, California. The proposed project would
provide a major east–west connection for regional movement to western Riverside County, Los Angeles County, and
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
4 February 2020
Orange County. The overall project study area extended from west to east, approximately 1 to 4 miles in width and
32 miles in length. Dudek was involved in the original project from 2004 to 2013 for RCTC and then again for MWD
when the project changed slightly and turned into the Cajalco Road Project from 2017 and 2018. During that time,
Dudek was responsible for the preparation of an EIR/EIS, MSHCP consistency analysis, and biological studies. With
regard to biological review, Dudek performed focused rare plant surveys for narrow endemic and criteria area plant
species, burrowing owl, least Bell’s vireo, southwestern willow flycatcher, fairy shrimp surveys, vernal pool mapping,
riparian/riverine mapping, jurisdictional resource mapping, and agency coordination. Dudek devised a cost-
effective helicopter survey method for potential fairy-shrimp-occupied pools after rain events, reducing potential
survey time from days to 3 hours. Dudek was also responsible for siting and design of at least 15 major and minor
wildlife undercrossings and three wildlife overcrossings to accommodate reserves in western Riverside County and
listed species movement through the reserve. Later, for MWD, Dudek was requested to review and comment on
the evolving Cajalco Road project with regard to wildlife movement and Stephens’ kangaroo rat conservation issues.
San Jacinto Wildlife Area – Land Management Plan
Client: California Department of Fish and Wildlife
Client Reference: Heather Pert, Inland Deserts Region Supervisor, 858.395.9692, heather.pert@wildlife.ca.gov
Completion Date: August 2018
Key Personnel: Wendy Worthey, Megan Enright, Brock Ortega
Dudek’s role included preparation of the comprehensive Land Management Plan as well preparation of the
comprehensive Land Management Plan (LMP) and Environmental Impact Report for a 21,000-acre open space
area owned and managed by the CDFW. The contract was administered by the California Wildlife Foundation and
funded by the Wildlife Conservation Board. Dudek assisted with establishing existing and long-term management
goals, identifying measurable and meaningful project benchmarks, and facilitating outreach efforts. Dudek
conducted biological reconnaissance surveys, which addressed the conservation and management of soil types,
vegetation, wildlife habitats, and sensitive species, and evaluated the applicability of MSHCP Conservation Criteria.
Other relevant issues addressed in this complex effort included invasive weeds, hydrology, total maximum daily
loads of water quality constituents, fire management, erosion and sedimentation, farmlands, existing utilities and
infrastructure, cultural resources and tribal concerns, hazardous materials, public access and recreation, vehicular
access, and visitor interpretation and education facilities.
The San Jacinto Wildlife Area LMP addressed over a hundred biological resources, but relevant to this RFA
specifically addressed spreading navarretia, Munz’s onion, many-stemmed dudleya, Wright’s trichocoronis,
Coulter’s goldfields, round-leaved filaree, Parish’s brittlescale, Davidson’s saltscale, thread-leaved brodiaea,
smooth tarplant, San Jacinto Valley crownscale and burrowing owl. Additionally, waters of the U.S./State, vernal pools,
and fairy shrimp were addressed.
I-215 Keller Road Interchange Project
Client: Jacobs
Client Reference: Jason Walsh, Senior CEQA/NEPA Environmental Planner | 949.224.7950 | 808.344.2061|
jason.walsh@jacobs.com
Completion Date: September 2019
Key Personnel: Veronika Archer, Britney Strittmater, Anna Cassady, Brock Ortega
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
5 February 2020
The City of Murrieta (City) in cooperation with the California Department of Transportation (Caltrans) District 8,
County of Riverside (County) and City of Menifee, proposed to construct a new, full interchange and auxiliary lanes
at Interstate (I-) 215 and Keller Road in Riverside County, California. Dudek, in cooperation with Caltrans, prepared
an MSHCP consistency analysis report for the project. Dudek conducted surveys from 2014 through 2018
including habitat assessments for MSHCP Section 6.1.2 riparian/riverine and vernal pool resources, Section 6.1.3
narrow endemic plant species including California Orcutt grass, spreading navarretia, Munz’s onion, San Diego
ambrosia, many-stemmed dudleya, and Wright’s trichocoronis, and Section 6.3.2 additional survey needs and
procedures for criteria area species survey area for plants including Coulter’s goldfield, little mousetail, round-
leaved filaree, Parish’s brittlescale, Davidson’s saltscale, thread-leaved brodiaea, mud nama (Nama stenocarpa),
and smooth tarplant and burrowing owl. Due to presence of suitable habitats, Dudek conducted focused surveys for
Munz’s onion, little mousetail, round-leaved filaree, burrowing owl, and fairy shrimp. Dudek also conducted a formal
jurisdictional waters delineation.
Staff Availability
The team members presented in our organization chart have the availability to perform the work identified in this
proposal during the 2020 spring field season (focused surveys) and beyond (data evaluation and collaboration with
City and resource agency staff). The following table provides a summary of the availability of each key team member
listed on our organization chart.
Table 1. Staff Availability
Dudek Team Member, Project Role Availability
Megan Enright, Project Manager 50%
Brock Ortega, Sr. Wildlife Biologist 25%
Wendy Worthey, Sr. Environmental Planner 25%
Veronika Archer, Lead Wetland/Riparian/Riverine Biologist 25%
Scott McMillan, Sr. Restoration Ecologist 25%
Brittney Strittmater, Sr. Botanist 25%
Anna Cassady, Wildlife Biologist 25%
Jake Marcon, Restoration Ecologist 25%
Vipul Joshi, Sr. Regulatory Permitting Biologist 25%
Erin Bergman, Botanist 25%
Schedule of Assessments/Surveys
Table 2 provides a list of typical timeframes for surveys as required by the MSHCP, either as stated in the MSHCP
or pursuant to a protocol that is collectively acceptable to the RCA, CDFW, and USFWS. We have included this effort
in our 2020 survey schedule to ensure we meet the City’s schedule for this project.
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
6 February 2020
Table 2. Survey Timeframes (per the MSHCP)
Task 1 Timeframe Comments
Task 1. Literature and Data Review February/March 2020
Task 2: Burrowing Owl Focused Surveys March 1 – August 31,
2020
Four passes conducted at least 2 weeks
apart
Task 3: Riparian/Riverine, Vernal Pool and
Fairy Shrimp Habitat Assessment
March 2020 – August
2020; October 1 –
February 28, 2021
(for fairy shrimp)
Three passes conducted following
substantial (>0.1-inch) rain events.
Components of Tasks 3 and 4 will be
conducted concurrently.
Task 4: Jurisdictional Waters and Wetland
Delineation
March 2020 – August
2020
Delineation should be conducted during
growing and/or blooming period of most
wetland indicator species.
Task 4: Vernal Pool Delineation March 2020 –
February 28, 2021
The vernal pool delineation will be a
combination of mapping ponds during
the storm season and vernal pool plant
species detected during the blooming
period.
Task 5: MSHCP Criteria Area and Narrow
Endemic Plant Species
Pass 1 March 1 – March 31,
2020
Target species: Coulter’s goldfield, round-
leaved filaree, thread-leaved Brodiaea,
San Diego ambrosia, Hammitt’s clay-
cress
Pass 2 May 1 – May 31,
2020
Target species: San Jacinto Valley
crownscale, Davidson’s saltscale, smooth
tarplant, little mousetail, Munz’s onion,
many-stemmed dudleya, spreading
navarretia, California orcutt grass,
Wright’s trichocoronis
Pass 3 July 1 – July 31, 2020 Target species: Parish’s brittlescale
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
7 February 2020
Staff Expertise and Organization
The Dudek team is depicted on Figure 1, Proposed Organization Chart. Highlights of our team are as follows.
Figure 1. Proposed Organization Chart
Dudek’s project manager, Megan Enright has extensive experience managing biological resource survey efforts
particularly within the context of riparian and riverine habitats, is an expert botanist who routinely develops survey
methods and impact evaluation criteria collaboratively with regulatory agency personnel, and has a track record of
leading highly complex biological resource evaluations in a schedule-driven environment. Ms. Enright participated
in development of the Western Riverside County MSHCP in the late 90s/early 2000s and worked as extension of
staff under Dudek’s longstanding contract with the RCA.. Ms. Enright has worked her entire 20+ year career at
Dudek and is extensively familiar with the resources of the firm; Ms. Enright is a Principal and has the ability to
direct the resources of Dudek to support this important project.
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
8 February 2020
Ms. Enright is supported by a team of biologists and environmental planners all whom have experience writing,
implementing or serving municipalities, developers, and other special districts with MSHCP implementation. All of
the biologists on our team have experience working in and identifying resources, including the specific criteria and
narrow endemic plants that are potentially present within the ELSP plan area. Lead Wildlife Biologist Brock Ortega,
who was a primary author and researcher of Dudek’s MSHCP preparation team in the late 90s/early 2000s, has
30+ years’ experience of field observation, protocol development and impact negotiation for wildlife species present
in Western Riverside including burrowing owl, fairy shrimp, small mammals, reptiles and amphibians. Dudek Senior
Environmental Planner Wendy Worthey did work for the City of Lake Elsinore for 6 years before becoming the City’s
Principal Environment Planner, and was extensively involved with the ELSP and Back Basin. Since 2015, Ms.
Worthey has led and directed Dudek’s supporting contract with the RCA – she participates in all JPR reviews, assists
the RCA in negotiations with the wildlife agencies, has extensive knowledge interpreting Conservation Criteria, has
led or directed or been involved with all criteria area refinements and amendments to the MSHCP, and is
consistently sought after as an expert on the MSHCP. Dudek Senior Wetland Ecologist, Veronika Archer has spent
her 20+ year career delineating the riparian resources of the Inland Empire and has built relationships with
regulatory agency personnel who regulate these resources under the federal Clean Water Act and State Porter-
Cologne Act. Dudek Senior Restoration Ecologist Scott McMillan, has spent 30+ years’ working within the botanical
and vernal pool environments within Western Riverside and San Diego Counties. He has an extensive soil ecology
background and has designed restoration plans for vernal pools and many of the narrow endemic plants known to
exist in the Lake Elsinore area. Senior Botanist Britney Strittmater has spent her career identifying and serving as
an expert of southern California native plants. Ms. Stritmatter has worked extensively on projects in western
Riverside County and has prepared many biological resource technical reports that contain consistency
determinations with the MSHCP and covered habitats and species. Ms. Stritmatter also routinely evaluates projects
for consistency with the MSHCP through Dudek’s RCA As-Needed contract. Dudek Biologist Anna Cassady has spent
her career in Dudek’s Riverside office and has conducted dozens of wildlife and rare plant surveys throughout the
County. She has experience with MSHCP consistency determinations, burrowing owl surveys, wetland delineations,
and conducts Joint Project Reviews under Dudek’s As-Needed contract with the RCA. Dudek Senior Regulatory
Biologist, Vipul Joshi, has spent his 20+ year at Dudek assisting clients with regulatory permitting matters. He is
currently supporting public agencies in the Inland Empire with ongoing wetland permitting matters and enjoys an
excellent relationship with all regulatory agencies. Dudek Restoration Ecologist Jake Marcon has worked to evaluate
and design restoration plans for narrow endemic native plant species throughout southern California. Currently Mr.
Marcon is leading one of the most contentious rare plant restoration programs in California and expertly navigating
the regulatory process in support of this large-scale renewable energy project. Mr. Marcon brings a wealth of rare
plant, soils and habitat restoration logistics knowledge to the Dudek team. Dudek Botanist Erin Bergman has spent
15+ years evaluating habitat for and surveying for rare plants and insect species throughout southern California.
She has worked on host plant mapping and habitat assessments for species in western Riverside County.
Our team also routinely works to define project resources in the context of Fish and Game Code Section 1600, federal
Clean Water Act (Sections 401, 402 and 404) and the state Porter-Cologne Act. Our regulatory specialists including
Megan Enright, Wendy Worthey, and Veronika Archer, have long standing established relationships with regulatory
agency staff working in the region. The trust we have developed with local agency staff result means agency staff accept
our technical documents with minimal comments or question and consider our recommendations.
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
9 February 2020
Quality Control/Quality Assurance
Dudek’s quality assurance/quality control (QA/QC) program consists of senior staff oversight and administrative
management. We are committed to engaging in clear communication and cooperation with the City, holding regular
conference calls and preparing agendas to assist teams in clarifying any issues and proceeding with the work in a
unified manner. We use “check-in meetings” with our project teams to allocate resources properly and according
to the City’s schedule constraints. When working on several concurrent projects, we identify areas where
information sharing can reduce the time, budget, or work needed to produce deliverables.
Continuous Communication. Our Project Manager, Ms. Enright, places a high priority on a continuous flow of
information, data, instructions, and guidance. We will maintain regular communication with the City by:
Serving as the single point of contact;
Scheduling regular calls and check-ins with the City’s key contact to discuss milestones, activities, and
potential issues;
Holding regular project management meetings with key staff to coordinate work efforts, monitor task
completion, and review budget conformance;
Updating, as necessary, the project description, schedule, work progress reports, and inventories of
available data so all team members are aware of information that may affect their work products and
schedules; and
Coordinating with City staff at strategic junctures.
Cost and Schedule Control. Dudek is committed to maintaining continuous communication and closely monitoring
cost and schedule performance. Using the latest available digital project management systems, we maintain
accurate, up-to-date budgets and schedules. We have the ability to share cost and schedule details with the City in
real time by efficiently and accurately tracking budgets and regularly updating project schedules.
Document Control. Dudek’s QA/QC program involves senior staff review of technical documents combined with the
services of a technical editor and publications department to produce high quality documents done right the first
time. Our in-house staff review work products for completeness, accuracy, and coordination in accordance with
internal QA/QC guidelines.
At the outset of the project, the Dudek technical editing team will create a project-specific style guide to maintain
consistency of the terms and nomenclature used in project documents. Dudek will share this style guide with the
City to verify that it meets the City’s expectations for style and terms. Written work products will be subject to a
technical editorial review following the agreed-upon style guide, and will be formatted by Dudek’s publications staff
Scope of Services
Dudek understands that the scope of work will be further refined once the City has selected a consultant and has
obtained land owner access agreements. We understand that up to 2,277 acres of land may need to be surveyed
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
10 February 2020
depending on access, the results of initial habitat assessments, and further communication with the City. In
providing costs, we have assumed that there are resources throughout the entirety of the 2,277 acres to provide a
“worst-case scenario” in terms of costs. It is possible that after initial habitat assessments, the resources are not
as prevalent and the survey effort would be much reduced. Therefore, the cost provided herein is an initial cost
based upon the assumptions provided but will be refined as more information is gathered.
Task 1 Literature and Data Review
This task will be initiated with a literature and data review in order to identify sensitive species that are known to occur
or may potentially occur in the vicinity of the site. The literature review will include the California Department of Fish and
Wildlife’s (CDFW) California Natural Diversity Data Base, U.S. Fish and Wildlife Service’s (USFWS) Environmental
Conservation Online System, and California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Plants. The
most recent soils map bases and existing vegetation mapping data will also be used to help inform the habitat
assessment. At this time, Dudek is not proposing to prepare a new vegetation map of the study area. Additional
information sources consulted will include Dudek’s internal geographic information system (GIS) biological resources
database of MSHCP Data Layers and historic and current aerial photographs, as appropriate.
Once the data has been gathered, Dudek’s GIS staff will develop map products that will be available on ESRI’s
Collector Application. Biologists will use this resource to assist in model development and field work.
Deliverables:
Map products for modeling and field data collection purposes
Assumptions:
The ELSP Study Area does not include 700 acres of land that has already been developed. Therefore,
approximately 2,277 acres are included within the study area. It is understood that inclusion of the 356-
acre mitigation area will be determined based on consultation with the City and land owner access.
Task 2 Burrowing Owl Habitat Assessment and Focused Surveys
A qualified Dudek biologist will conduct a habitat assessment and focused breeding season surveys for burrowing
owl, California Species of Special Concern (SSC), within the study area.
In accordance with the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat
Conservation Plan Area (March 29, 2006), Dudek will first conduct a habitat assessment for burrowing owl. A
qualified biologist will walk transects throughout the study area to identify any potential burrowing owl habitat on
site (i.e., relatively open habitat with low gradients and burrow resources). All burrows or man-made structures
suitable for burrowing owl (i.e., generally 11cm in diameter or greater) will be mapped using a GPS unit.
The MSHCP requires a focused burrowing owl survey if the habitat assessment determines suitable habitat is
present. Based on our knowledge of the area, we believe a focused survey will be required and have included it in
our scope. Focused surveys for burrowing owl will be conducted within suitable habitat and in compliance with the
MSHCP which require four site visits within all areas where suitable burrows have been identified. We assume that
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
11 February 2020
the habitat assessment will serve as the first survey pass and will include 100% of the site (2,277 acres). We
assume that approximately 25% of the site will support suitable burrows requiring three follow-on focused surveys,
totaling approximately 1,708 acres of additional surveys. Focused surveys for burrowing owl consist of site visits on
four separate days conducted during the breeding season (March 1 – August 31).
The focused surveys shall be conducted by walking straight-line transects spaced between 21 and 66 feet (7 and
20 meters) apart, depending on visibility (blocking due to topography or vegetation). Surveyors will scan for owls at
the start of each transect and every 100 meters. Surveys will be conducted under suitable weather conditions,
between morning civil twilight and 1000 or between 2 hours before sunset until evening civil twilight. Burrows
detected during surveys will be examined for burrowing owl sign (i.e., owl pellets, prints, molting feathers, abundant
insect remains, etc.). All owl sightings, occupied burrows and burrows with owl sign will be counted and mapped
during surveys.
For purposes of this estimate, it is assumed that a 66-foot (20-meter) separation will occur and that cumulatively a
total of approximately 3,985 acres within the study area will need to be surveyed over the four survey passes.
Therefore, approximately 520 miles of transects would be required for all four passes. Assuming a survey rate of
around 10 miles per day per biologist, it is assumed that approximately 52 person days would be required.
Deliverables:
Data to be included in the final Existing Conditions Report
Assumptions:
The methodology and results of the survey including a map showing the location of all suitable burrows,
burrowing owl sign detected, occupied burrows, and/or locations of burrowing owls observed will be
included in the Existing Conditions Report. Survey pass 1 will include 100% of the Study Area (2,277 acres);
Survey passes 2 through 4 will include 25% of the overall study area. Therefore, the total survey acreage is
3,985 acres.
Task 3 Riparian/Riverine, Vernal Pool and Fairy Shrimp Habitat Assessment
Section 6.1.2 of the MSHCP requires an assessment for riparian/riverine habitat as well as vernal pool and fairy
shrimp habitat.
Riparian/Riverine Assessment
Dudek will assess the study area for riparian/riverine habitat as defined by Section 6.1.2 of the MSHCP.
Riparian/riverine habitat is generally coincident with jurisdictional waters and this assessment will be conducted
concurrently with the delineation of jurisdictional waters in Task 4. As required by the MSHCP, the documentation
for the assessment will include mapping of riparian/riverine habitat and a description of the functions and values
of the mapped areas with respect to riparian/riverine species identified in section 6.1.2 of the MSHCP.
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
12 February 2020
Vernal Pool and Fairy Shrimp Assessment
Section 6.1.2 of the MSHCP requires an assessment of vernal pool resources and fairy shrimp habitat. Fairy shrimp
occur within vernal pools; however, fairy shrimp can also occur within ephemeral ponds that do not otherwise meet
the definition of a vernal pool. Therefore, a fairy shrimp habitat assessment includes an assessment of all ponded
areas within a study area. This task will determine the potential for fairy shrimp habitat within study area by mapping
all pond features. A full vernal pool delineation will be conducted as described in Task 4, Delineation of Jurisdictional
Waters. As required by the MSHCP, the determination of a pond’s function as a vernal pool will be determined using
the area’s history, vegetation, soils, drainage characteristics, weather, and hydrologic records.
To determine if ephemeral ponds potentially supporting fairy shrimp are present, Dudek will conduct a site visit
after every rain event totaling one tenth of an inch or greater. The study area will be searched for ephemeral ponds
meeting the minimum depth requirement for fairy shrimp (i.e., 3 cm) within 24 hours of the rain event. Any
ephemeral ponds meeting this minimum depth will be mapped using a GPS unit and will be revisited within 10 to
14 days. Should the pond hold water after the second visit, a fairy shrimp survey is recommended and a scope is
provided in Task 8, Other Cost Considerations. Documentation of the ephemeral pond/fairy shrimp assessment will
include mapping of pool boundaries and a description of the function and values of the mapped areas with respect
to Section 6.1.2 species.
We have assumed up to three rain events requiring pond checks with each rain event requiring two visits (one within
24 hours and a second one within 10 to 14 days) for a total of 6 visits. We have assumed each field visit will take
3 person days for a total of 18 field days.
Deliverables:
The results of the Section 6.1.2 riparian/riverine and vernal pool analysis will be included in final Existing
Conditions report.
Assumptions:
Field Work for riparian/riverine habitat assessment and vernal pool delineation will be conducted together
with Task 4.
Pond checks will be conducted for three rain events.
Up to 18 field days will be sufficient for the pond checks
Task 4 ACOE, CDFW, and RWQCB Waters of the U.S./State Jurisdictional Delineation
Jurisdictional Waters and Wetlands Delineation
Dudek will conduct a delineation of jurisdictional waters and wetlands within the project site. The delineation will
include waters of the United States under the jurisdiction of the ACOE and RWQCB, streambeds under the
jurisdiction of the California Department of Fish and Wildlife (CDFW), and waters of the State under the jurisdiction
of the RWQCB. Wetland waters of the United States will be mapped in accordance with the ACOE’s 1987 Wetlands
Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West
Region. We have assumed due to the size and complexity of the site that the comprehensive determination
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
13 February 2020
methodology of the Wetland Delineation Manual would be the appropriate method for wetland delineation. We have
assumed up to 15 transects and 220 data stations for the wetland delineation.
Non-wetland waters of the United States will be delineated based on the limits of an ordinary high water mark and
in accordance with the ACOE 2008 Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the
Arid West Region of the Western United States. Jurisdictional streambeds will be mapped to include the bank of the
stream/channel and outer dripline of adjacent riparian vegetation. Waters of the State are generally coincident with
waters of the United States, but can include features isolated from navigable waters of the United States that have
evidence of surface water inundation and are mapped at the ordinary high water mark or in accordance with the
State Water Control Board current policy on wetlands.
Dudek qualified delineators will conduct a survey and map all jurisdictional waters in the field using a 200-scale
aerial photograph, topographic base map if available, and a GPS unit. The results of the survey will then be
converted into a GIS feature file with attributes identifying the water type. The results will be provided in the Existing
Conditions report. This will include the existing conditions, methods, and results of the delineation. The report will
include information and figures to meet standard requirements of the agencies at the time of preparation.
For the purposes of this assessment, it is assumed that the delineation can be completed within 17 person days
and that 220 Wetland Determination Data Forms will be required to support the wetland delineation.
Vernal Pool Delineation
Dudek will conduct an assessment of the project area for potential to support vernal pools. Dudek will use the
area’s history, vegetation, soils, drainage characteristics, weather, and hydrologic records to first perform a desktop
review of the project area to inform a targeted field approach. Given the mapped soils, hydrology, and known
occurrences of vernal pools in the area, Dudek assumes that full-coverage of the project area will be required in
order to document the locations of vernal pool resources, and then subsequent checks will be required throughout
the rainy season and spring blooming periods to delineate the pool boundaries. Ideally, the initial pass will occur
during the wet portion of the growing season in order to capture hydrophytic and facultative wetland plant species
that are only seasonally dominant. If this does not meet the project timeframe, Dudek will use a winter-time aerial
photograph to guide field review.
The initial pass through the project area will occur concurrently with the fairy shrimp habitat assessment in Task 3
Following this inventory, qualified Dudek vernal pool biologists and botanists will visit the identified locations to
inventory the potential pools and categorize vernal pool indicators. Given the cryptic nature of vernal pools in this
region, ideal visits will occur following substantial rain events (>0.1 inch) and again during the blooming period of
vernal pool plant species.
There will be overlap between the wetland delineation described above and focused rare plant surveys described
under Task 5 with the vernal pool delineation, as these are overlapping resources. Therefore, we will be able to
leverage the field coverage during those visits to provide better coverage.The results of the vernal pool assessment
will then be converted into a GIS feature file and the results will be included in the Existing Conditions report.
It is assumed that the assessment will result in 30 potential pools that will need to be inventoried during each field
visit and they will be potentially distributed across the Study Area and we will need three field visits following
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
14 February 2020
substantial rain events to collect enough data to support our conclusion regarding each pool’s identity as a vernal
pool. We assume each field visit will take five person days, resulting in a total of 15 person days for this assessment.
This effort may be able to be greatly reduced if we use helicopters to provide site recconaisance after triggering rain
events. This has been used by Dudek in the past and approved by the wildlife agencies and
Deliverables:
Results will be included in the Existing Conditions report.
Assumptions:
Up to 220 wetland delineation forms
Up to 16 field days for the waters and wetland delineation
Up to 15 field days for the vernal pool delineation
An Approved Determination is not required from the Army Corps of Engineers
Task 5 MSHCP Criteria Area and Narrow Endemic Plant Species Habitat
Assessment and Focused Surveys
A qualified Dudek botanist will conduct a habitat assessment and focused Criteria Area and Narrow Endemic Plant
Species survey, as applicable, within the study area.
Dudek will first conduct a habitat assessment for Criteria Area Plant Species including San Jacinto Valley
crownscale, Parish’s brittlescale, Davidson’s saltscale, Thread-leaved brodiaea, round-leaved filaree, Smooth
tarplant, Coulter’s goldfield and little mousetail, and Narrow Endemic Plants including Munz’s onion, San Diego
ambrosia, Many-stemmed dudleya, spreading navarretia, California orcutt grass, Hammitt’s clay-cress, and Wright’s
trichocoronis within the 2,277-acre study area. A qualified biologist will walk meandering transects throughout the
study area to assess current site conditions, vegetation, and soils,
The MSHCP requires focused Criteria Area and Narrow Endemic Plant species surveys if a habitat assessment
determines suitable habitat is present. Based on our knowledge of the area and soils present, and assuming worst
case scenario, this scope of work assumes that 100% of the site will support suitable habitat requiring focused
surveys, totaling approximately 2,277 acres of surveys. Therefore, focused surveys would be conducted for Criteria
Area Plant Species (San Jacinto Valley crownscale, Parish’s brittlescale, Davidson’s saltscale, Thread-leaved
brodiaea, round-leaved filaree, Smooth tarplant, Coulter’s goldfield and little mousetail) and Narrow Endemic Plants
(Munz’s onion, San Diego ambrosia, Many-stemmed dudleya, spreading navarretia, California orcutt grass,
Hammitt’s clay-cress, and Wright’s trichocoronis) within the Study Area. Focused surveys for Criteria Area and
Narrow Endemic Plant species will be conducted within suitable habitat and in compliance with the MSHCP which
require surveys should be conducted during the appropriate blooming period as listed within MSHCP Table 6-1 and
conducted during an adequate rainfall year in accordance with MSHCP guidelines. During years of below average
rainfall, plants may bloom during periods other than described in literature or may not bloom at all. Dudek will check
reference populations (i.e., known locations of target species) prior to conducting the surveys. This approach helps
to ensure that surveys are conducted at the appropriate time for that species.
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
15 February 2020
Utilizing reference populations, we anticipate three passes (March, May, and July) to ensure the full blooming period
is covered. Focused plant surveys will be conducted by qualified biologists familiar with MSHCP Criteria Area and
Narrow Endemic Plant species and will follow MSHCP requirements. The plant species encountered during the field
surveys will be identified to subspecies or variety, if applicable, to determine sensitivity status. If target species are
encountered, field personnel will record data points demarcating edge of polygon and assess population numbers
using ESRI’s Collector Application and a data dictionary. The data dictionary will include, at a minimum, the species
name, the number or range of individuals, and the botanist collecting the data. Methodology and results of the
focused surveys including a table of survey conditions, assessment of the suitability of the survey in terms of timing
and levels of germination observed, and description of results in terms of special-status plant species locations and
population sizes will be incorporated into the Existing Conditions Report. Maps will be provided which illustrate the
location and number of special-status species observed within the plant survey area.
Deliverables:
Methods and results to be included in the final Existing Conditions Report (Task 6).
Assumptions:
It is assumed that a habitat assessment will cover 2,277 acres, with the assumption a biologist can survey
100 acres per day, for a total of 23 person days.
It is assumed that focused plant surveys will be required for a maximum acreage of 2,277 acres.
Reference population checks of two person days per pass are assumed for a total of six person days.
Assumes focused plant surveys will be conducted over three survey passes to cover the full blooming period
of Criteria Area and Narrow Endemic Plant species. It is assumed that survey pass 1 and 2 will cover 100%
of the study area (2,277 acres per pass) with survey pass 3 covering approximately 25% of the study area
(569 acres), for a total survey area of 5,123 acres. A botanist can cover 40 acres per day; therefore, it is
assumed that approximately 128 person days would be required.
Based on the results of the MSHCP Criteria Area and Narrow Endemic Plant Species habitat assessment,
the total acreage for focused plant surveys may decrease.
Task 6 Report Preparation
Dudek will prepare an Existing Conditions Report upon completion of Tasks 1 through 5. The Existing Conditions
Report will include a discussion of the survey methodology, limitations, and results of field surveys completed in
Tasks 2 through 5 above. Special-status biological resources will be described in terms of their regional significance
and presence on site, including an estimate of observed special-status species’ population size and condition. All
biological resources observed or with potential to occur on site will be addressed in the report. All requirements of
the MSHCP will be described. An evaluation of existing habitat value of conserved lands, conservation requirements
for undeveloped areas and remaining conservation to be achieved based on MSHCP Conservation Criteria (i.e.,
Reserve Assembly) will be provided. The Reserve Assembly analysis will evaluate acreage goal requirements of the
applicable Cell(s) or Cell Group, as well as include a review of the study area relative to maintaining the function
and connectivity of the applicable Reserve feature(s) (Core, Linkage, etc.) that is the focus of the Criteria description.
This analysis will also include a discussion of the suitability of the undeveloped areas potentially available for
conservation to support Planning Species in the applicable Subunit and as part of the applicable Reserve Feature
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
16 February 2020
(Core and/or Linkage). Graphics will be prepared to illustrate the location of the site, existing biological conditions,
habitat assessment areas, focused survey areas, and special-status biological resources.
Deliverables:
One (1) draft version in electronic format of the Existing Conditions Report for review by the client
One (1) final version in electronic format of the Existing Conditions Report for review by the client.
Task 7 Meeting Attendance
Dudek’s culture is to work collaboratively with our clients by maintaining regular and effective communication. A
project is successful when assumptions and expectations are understood at the onset of the project; therefore, we
have assumed a project kick-off meeting to gather project information as well as the City’s expectations and
communication protocols. In addition to the kick-off meeting, our scope includes four meetings and regular
coordination phone calls.
Meetings will include review of study area details, relevant background data, project schedule, and establishment
of communication protocols. It is assumed the kick-off meeting would be a 2-hour in person meeting, while the four
coordination meetings would be conference calls.
Task 8 Contract Administrative/Project Management
This task includes contract and schedule management. Dudek will provide monthly updates (or more regular up
request from the City) on budget and schedule progress to the City. This task includes regular calls with the City to
discuss milestones, activities and any potential issues. This task also includes project management meetings with
key staff to coordinate all works effects, monitor task completion, and review budgets.
Other Cost Considerations
While our team was evaluating this opportunity, we brainstormed a few other items that we believe could be helpful
in this biological resource-focused land use planning exercise for the ELSP. Because these items were not expressly
requested in the RFQ, we’ve simply noted them for the City’s consideration. Should the City be interested in
exploring these tasks further, Dudek would be happy to discuss and provide a follow-up cost estimate.
Evaluation of 365-Acre Restoration Area(s). Dudek senior restoration ecologists Scott McMillan and Jake Marcon
can perform an evaluation on the existing 365 acres of restoration in the ELSP/Back Basin area. Mr. McMillan and
Mr. Marcon would research the environmental documents or obligations that generated the restoration activities,
visit these areas and determine plant species and % cover, and compare the existing conditions with the success
criteria spelled out in restoration plan framework. This evaluation can help determine the value of these previous
restoration areas in the context of the 770-acre conservation framework envisioned in the Back Basin.
UAS Lidar. Dudek supports an in-house Unmanned Aerial Systems (UAS) team that can pilot UAS devices within the
project area. One application is the use of light detection and ranging (LiDAR) to develop 2-mm topographic contours
within the project area. This detailed mapping can support the jurisdictional waters, wetlands, and vernal pool
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
17 February 2020
assessments within the project area, particularly given the extent of the project area, potential difficulty of access,
and the cryptic nature of vernal pool resources.
Fairy Shrimp Surveys. For any ponds meeting the requirements for fairy shrimp habitat as determined through
implementation of Task 3, Dudek would suggest conducting fairly shrimp surveys. In the Western Riverside County
MSHCP plan area, both a wet and dry survey are required. In order to conduct acceptable fairy shrimp surveys, the
biologist must begin searching for listed fairy shrimp within 10 to 14 days of the time that the ephemeral pond first
filled with at least 3 centimeters (cm) of water. The ephemeral ponds must then be checked approximately every
14 days until they dry up or positive identification of endangered fairy shrimp is made. If during a rainy season, the
pools dry up and then refill, a new survey must be conducted (provided that positive identification of endangered
fairy shrimp has not been made). If these surveys are requested by the City, Dudek will visit each pool or standing
water area, sampling for shrimp using a dip-net. Samples will be collected and preserved of each species detected.
These will be identified in the field and in the lab. Each pool or standing water area will be assigned an alpha-
numeric designation to identify occupied areas, if any.
For dry-season surveys, Dudek will conduct a dry-season survey according to the 2015 Survey Guidelines (issued
May 2015); Section IV. In accordance with the Survey Guidelines and recovery permit provisions of Section
10(a)(1)(A) of the federal Endangered Species Act, 16 U.S.C. 1531 et seq., and its implementing regulations. Dry-
season sampling will commence after receiving approval to proceed from USFWS. Once approved, all soil samples
will be methodically collected by hand and will follow the 2015 USFWS survey guidelines. Immediately after
collection, the samples will then be stored in appropriate bags, will be individually labeled, and transferred to a
laboratory for processing. In general, processing of the individual soil samples requires hydration using a brine
solution and screening of the soil through appropriate sized sieves. After soil sample processing and collection of
branchiopod cysts, all samples will be examined individually under a dissecting microscope. Branchiopod cysts will
be counted, identified to genus, separated out, and placed into appropriately labeled containers for storage.
Depending on the results of the examination (i.e., amount of cysts collected per sample), the cysts may be placed
into vessel for culturing where they will be hatched and reared until individuals have matured to the point that an
accurate identification of species can be achieved. According to Section VIII of the USFWS survey guidelines,
voucher specimens of listed species shall be prepared according to the repository standards and submitted to
either the California Academy of Sciences or the Natural History Museum of Los Angeles County.
The U.S. Fish and Wildlife Service (USFWS) requires that all biologists conducting this type of work provide a 15-day
notification prior to initiating surveys, and that a report is submitted within 90-days of survey completion to disclose
the results of the survey. In accordance with these requirements, a stand-alone survey report will be prepared for
submittal to the USFWS and will be consistent with the scientific and technical standards required by the USFWS.
Dudek also is required to send a preserved sample of any collected fairy shrimp to specific repositories.
Cost Estimate
As requested, Dudek’s standard fee schedule is provided in Attachment XX and the pricing for conducting biological
fieldwork, report preparation, and meeting attendance is provided in Table 3 below. The costs in Table 3 include
administrative costs and reimbursable and are based on the assumptions outlined in the above scope. We
understand that the selected consultant will work closely with the City to identify the full scope of the project and
detailed costs will be provided after consultation with the City upon selection for the project.
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Mr. Steve Letterly
Subject: East Lake Specific Plan, Western Riverside County Multiple Species Habitat Conservation Plan,
Biological Resources Assessment and Surveys, City of Lake Elsinore, California
18 February 2020
Table 3. Cost Estimate
Task Cost Estimate
Task 1 Literature and Data Review $8,220
Task 2 Burrowing Owl Habitat Assessment and Focused Surveys $52,910
Task 3 Riparian/Riverine, Vernal Pool and Fairy Shrimp Habitat Assessment $37,480
Task 4 ACOE, CDFW, and RWQCB Waters of the U.S./State Jurisdictional
Delineation
$92,500
Task 5 MSHCP Criteria Area and Narrow Endemic Plant Species Habitat
Assessment and Focused Surveys
$204,100
Task 6 Report Preparation $20,280
Task 7 Meeting Attendance $10,000
Task 8 Contract Administrative/Project Management $5,880
Total $431,370
Please direct any questions or comments you have regarding our proposal to me at 760-479-4281 or
menright@dudek.com. We thank you for the opportunity to propose on these efforts and look forward to discussing
this with you further.
Sincerely,
_____________________________________
Megan Enright,
Principal
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
Appendix A
Dudek Standard Rates
DocuSign Envelope ID: A09C3125-DEB8-4470-9584-394282D6DD83
DUDEK
2020 STANDARD SCHEDULE OF CHARGES
Effective January 1, 2020
ENGINEERING SERVICES
Project Director ........................................................................... $290.00/hr
Principal Engineer lll ................................................................... $270.00/hr
Principal Engineer II .................................................................... $260.00/hr
Principal Engineer I ..................................................................... $250.00/hr
Program Manager ....................................................................... $235.00/hr
Senior Project Manager .............................................................. $235.00/hr
Project Manager ......................................................................... $230.00/hr
Senior Engineer III ...................................................................... $225.00/hr
Senior Engineer II ...................................................................... $215.00/hr
Senior Engineer I ....................................................................... $205.00/hr
Project Engineer IV/Technician IV ............................................... $195.00/hr
Project Engineer llI/Technician III ................................................ $185.00/hr
Project Engineer lI/Technician II .................................................. $170.00/hr
Project Engineer I/Technician I .................................................... $155.00/hr
Senior Designer .......................................................................... $175.00/hr
Designer ..................................................................................... $165.00/hr
Assistant Designer ...................................................................... $160.00/hr
CADD Operator III ...................................................................... $155.00/hr
CADD Operator II ....................................................................... $145.00/hr
CADD Operator I ........................................................................ $130.00/hr
CADD Drafter ............................................................................. $120.00/hr
CADD Technician ....................................................................... $110.00/hr
Project Coordinator ..................................................................... $135.00/hr
Engineering Assistant ................................................................. $115.00/hr
ENVIRONMENTAL SERVICES
Project Director ........................................................................... $245.00/hr
Senior Specialist IV ..................................................................... $230.00/hr
Senior Specialist III ..................................................................... $220.00/hr
Senior Specialist II ...................................................................... $200.00/hr
Senior Specialist I ....................................................................... $190.00/hr
Specialist V ................................................................................. $180.00/hr
Specialist IV ................................................................................ $170.00/hr
Specialist III ................................................................................ $160.00/hr
Specialist II ................................................................................. $145.00/hr
Specialist I .................................................................................. $130.00/hr
Analyst V .................................................................................... $120.00/hr
Analyst IV ................................................................................... $110.00/hr
Analyst III .................................................................................... $100.00/hr
Analyst II ....................................................................................... $90.00/hr
Analyst I........................................................................................ $80.00/hr
Technician V ............................................................................... $100.00/hr
Technician IV ................................................................................ $90.00/hr
Technician III ................................................................................ $80.00/hr
Technician II ................................................................................. $70.00/hr
Technician I .................................................................................. $60.00/hr
Compliance Monitor ...................................................................... $95.00/hr
DATA MANAGEMENT SERVICES
GIS Programmer I ....................................................................... $185.00/hr
GIS Specialist IV ......................................................................... $160.00/hr
GIS Specialist III ......................................................................... $150.00/hr
GIS Specialist II .......................................................................... $140.00/hr
GIS Specialist I ........................................................................... $130.00/hr
Data Analyst III ........................................................................... $100.00/hr
Data Analyst II .............................................................................. $90.00/hr
Data Analyst I ............................................................................... $80.00/hr
UAS Pilot .................................................................................... $100.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager ....................................................................... $195.00/hr
Senior Construction Manager ..................................................... $180.00/hr
Senior Project Manager .............................................................. $165.00/hr
Construction Manager ................................................................. $155.00/hr
Project Manager ......................................................................... $145.00/hr
Resident Engineer .......................................................... …….….$145.00/hr
Construction Engineer................................................................. $140.00/hr
On-site Owner’s Representative .................................................. $140.00/hr
Construction Inspector III ............................................................ $130.00/hr
Construction Inspector II ............................................................. $120.00/hr
Construction Inspector I .............................................................. $110.00/hr
Prevailing Wage Inspector .......................................................... $135.00/hr
HYDROGEOLOGY/HAZWASTE SERVICES
Project Director ............................................................................$285.00/hr
Principal Hydrogeologist/Engineer II ............................................$265.00/hr
Principal Hydrogeologist/Engineer I .............................................$250.00/hr
Sr. Hydrogeologist IV/Engineer IV ............................................... $235.00/hr
Sr. Hydrogeologist III/Engineer III ................................................$220.00/hr
Sr. Hydrogeologist II/Engineer II ..................................................$205.00/hr
Sr. Hydrogeologist I/Engineer I ....................................................$190.00/hr
Hydrogeologist VI/Engineer VI .................................................... $175.00/hr
Hydrogeologist V/Engineer V .......................................................$165.00/hr
Hydrogeologist IV/Engineer IV .....................................................$155.00/hr
Hydrogeologist III/Engineer III ......................................................$145.00/hr
Hydrogeologist II/Engineer II ........................................................$135.00/hr
Hydrogeologist I/Engineer I ..........................................................$125.00/hr
Technician ...................................................................................$100.00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager .............................................................$195.00/hr
District Engineer ..........................................................................$185.00/hr
Operations Manager ...................................................................$160.00/hr
District Secretary/Accountant ......................................................$120.00/hr
Collections System Manager .......................................................$135.00/hr
Grade V Operator ........................................................................$125.00/hr
Grade IV Operator .......................................................................$110.00/hr
Grade III Operator .......................................................................$100.00/hr
Grade II Operator ......................................................................... $75.00/hr
Grade I Operator .......................................................................... $70.00/hr
Operator in Training ...................................................................... $65.00/hr
Collection Maintenance Worker II ................................................. $75.00/hr
Collection Maintenance Worker I .................................................. $65.00/hr
CREATIVE SERVICES
3D Graphic Artist .........................................................................$180.00/hr
Graphic Designer IV ....................................................................$160.00/hr
Graphic Designer III .....................................................................$145.00/hr
Graphic Designer II ......................................................................$130.00/hr
Graphic Designer I .......................................................................$115.00/hr
PUBLICATIONS SERVICES
Technical Editor lll .......................................................................$145.00/hr
Technical Editor ll ........................................................................$130.00/hr
Technical Editor l .........................................................................$115.00/hr
Publications Specialist lll ..............................................................$105.00/hr
Publications Specialist ll................................................................ $95.00/hr
Publications Specialist l ................................................................ $85.00/hr
Clerical Administration .................................................................. $90.00/hr
Forensic Engineering – Court appearances, depositions, and interrogatories as expert witness
will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal
rate.
Material and Outside Services – Subcontractors, rental of special equipment, special
reproductions and blueprinting, outside data processing and computer services, etc., are charged
at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is
involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable
upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client
agrees to pay a monthly late charge equal to 1% per month of the outstanding balan ce until paid
in full.
Annual Increases – Unless identified otherwise, these standard rates will increase 3% annually.
The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect
Dudek reserves the right to adjust its rates accordingly.
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EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
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