HomeMy WebLinkAboutItem No. 07 - MCT PSECity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-373
Agenda Date: 9/27/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 7)
Professional Engineering Services to Provide Final PS&E for the Murrieta Creek Multi-Use
Trail Project
Approve and authorize the City Manager to execute an Agreement for Professional Engineering
Services in the amount of $565,943.83 with CR Associates, Inc ., plus an additional 10% contingency, in
final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 9/22/2022
Page 1 of 1
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Remon Habib, City Engineer
Date: September 27, 2022
Subject: Professional Engineering Services to Provide Final PS&E for the Murrieta
Creek Multi-Use Trail Project
Recommendation
Approve and Authorize the City Manager to execute an Agreement for Professional Engineering
Services in the amount of $565,943.83 with CR Associates, Inc., plus an additional 10%
contingency, in final form as approved by City Attorney.
Background
The Agreement will authorize Chen Ryan Associates to start final plans, specifications, and
estimates (PS&E) for the Murrieta Creek Multi-Use Trail.
The Murrieta Creek Trail is a multi-jurisdiction, active transportation trail consistent with the
City’s General Plan and Eastlake Specific Plan adopted in 2017. The proposed Murrieta Multi-
Use Trail extends between Skylark Drive and the Lake Levee Trail.
Discussion
CR Associates will provide engineering services necessary for CEQA documentation and
preferred trail alignment connecting the Palomar Trail to the Lake Levee Trail. The engineering
services will include producing final construction plans, specifications, and estimates, drainage
reports, geotechnical investigations, and transportation guidance documents; providing right-of-
way support such as property owner outreach, producing legal descriptions and plats, and
appraisal coordination, and providing environmental support such developing fencing and
signage plans and securing permits through the regulatory agencies.
Fiscal Impact
Professional Engineering Services Agreement will result in a cost of $565,943.83 plus an
additional 10% contingency. This work has been programmed in the City’s CIP budget.
Exhibits
A – Agreement
B – Proposal
C – Project Map
Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Chen Ryan Associates
Engineering Construction Documents PS&E Phase
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of XXXXXX, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Chen
Ryan Associates Inc., a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Engineering Construction Documents PS&E Phase
B. Consultant has submitted to City a proposal, dated September 2, 2022, attached
hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional
services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
Page 2
c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed Five
Hundred Sixty-Five Thousand Nine Hundred Forty-Three dollars and Eighty-Three cents
($565,943.83) without additional written authorization from the City. Notwithstanding any
provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A
shall be reimbursed at cost without an inflator or administrative charge. Payment by City under
this Agreement shall not be deemed a waiver of defects, even if such defects were known to the
City at the time of payment.
4. Method of Payment. 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
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
Page 3
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant ’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
Page 4
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of Consultant’s officers,
employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
Page 5
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, defend, and hold harmless the City and all
of its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, damages, claims, suits, actions, costs and expenses including attorney’s fees, 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 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. The foregoing obligation of Consultant shall not apply when (1) the injury,
Page 6
loss of life, damage to property, or violation of law arises from the sole negligence or willful
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. It is understood that the duty of Consultant to
indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. 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.
Page 7
iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
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.
Page 8
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Chen Ryan Associates, Inc.
Attn: Monique Chen, Principal In-Charge
3900 Fifth Avenue, Ste 310
San Diego, CA 92103
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 Ci ty for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
Page 9
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. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any fa ilure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Ag reement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
Page 10
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
[Signatures on next page]
Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
Click or tap here to enter text.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Chen Ryan Associates, Inc., a Corporation
By: Monique Chen
Its: Principal In-Charge
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
SCOPE OF WORK
CR Associates and our teaming partners (“the Consultant”) will develop engineering construction
documents to support the proposed project. It is understood that the Plans, Specifications, and Estimate
(PS&E) phase will build directly upon the preliminary design and environmental analysis developed
during the Project Alignment and Environmental Document (PA/ED) phase. It is assumed that the trail
alignment will not deviate from the PA/ED alignment and that the environmental and private parcel
impacts described in the PA/ED documentation will be unchanged – with the exception of between
Stoneman Street and Skylark Drive. It is assumed that all environmental mitigation will be done through
the purchase of credits at a mitigation bank. It is also assumed that the project will be exempt from
flood control requirements and that FEMA map revisions will not be required.
Scope of Services
Task 1 – Project Management and Meetings
CR Associates (CRA) will perform project management and administration services consisting of
invoicing (with associated back up), monitoring progress against budget, and overall quality assurance
(QA) throughout the project duration, assumed to be twelve months. Specific quality control (QC)
efforts for each deliverable document are included in the task covering that document.
CRA will prepare contracts for required Subconsultant services. This task will also consist of: monitoring
Subconsultant progress against budget and schedule, reviewing monthly Subconsultant invoices and
associated back up.
CRA will attend virtual meetings as identified herein. Meetings in this Scope of Services are as follows:
Kick-off Meeting with City Staff
Monthly Meetings with City Staff (up to 12)
CRA will spend time each month coordinating with City staff via email and telephone.
As requested, CRA will assist City staff with presenting to the City’s Planning Commission and/or City
Council. It is assumed that up to two (2) total presentations may be performed.
Task 1 – Deliverables:
Schedule (PDF format)
A typed summary for each meeting (PDF format)
Action Item Matrix for monthly meetings (Excel format)
Task 2 – Construction Documents, Specifications, and Estimate (PS&E) (75% and 100%)
Task 2.1 – Field Walk
The Consultant will schedule and attend one (1) field walk with City staff to review the project location
and to observe readily visible existing conditions and facilities.
Page 2 of 12
Task 2.2 – Construction Plans
Based on the final 30% Preliminary Engineering design, the Consultant will prepare 75% and 100%
(mylar) construction documents for City review and comment. The design will be based on the following
standards: City of Lake Elsinore Design Standards, Riverside County Regional Standards, and the 2014
California Manual on Uniform Traffic Control Devices (CA-MUTCD). The design will consist of the
following sheets:
Cover Sheet, (1 Sheet)
General Notes Sheet, (1 Sheet)
Construction Details, (2 Sheets)
Trail Plan and Profile, 1” = 40’ Scale (9 Sheets)
Utility Protection / Relocation Plan, 1” = 80’ Scale (2 Sheets)
Landscape Notes and Details, (2 Sheets)
Landscape Plans, 1” = 40’ scale (4 Sheets)
Temporary Irrigation Notes and Details, (2 Sheets)
Temporary Irrigation Plans, 1” = 40’ scale (4 Sheets)
Fencing and Signage Notes and Details, (2 Sheets)
Fencing and Signage Plan, 1” = 40’ scale (4 Sheets)
Wayfinding Notes and Details, (2 Sheets)
Structural Engineering Notes and Details, (2 Sheets)
Construction Access and Fencing Plan (2 Sheets)
Trail Cross Sections (taken at approximate 100’ intervals), 1” = 40’ horiz | 1” = 8’ vert, (4 Sheets)
It is assumed that the Construction Plans will be permitted only through the City of Lake Elsinore and the
Elsinore Valley Municipal Water District (EVMWD). Environmental resource agency permitting will be
performed as part of Task 6.
Additional information for select plan sheet types are as follows:
Structural Engineering Notes and Details
Structural engineering notes, details, and supporting calculations will be prepared for the following items:
abutment foundations for the prefabricated bridge (assumed pedestrian and light vehicular loading),
retaining wall, vehicle access gate foundations, wood fencing foundations, signage poles and foundations,
and kiosk foundation. The structural design will be based on the 2019 California Building Code. It is
assumed that only the design intent for the vehicle access gate, wood fencing, and kiosk will be shown on
the Construction Plans, and that these project elements will require deferred submittals prepared by the
Contractor.
Construction Access and Construction Fencing Plan
CRA will prepare a Construction Access and Construction Fencing Plan to identify allowable construction
accessways (assumed to be a combination of the Levee Trail, Stoneman Street, and Skylark Drive) and
storage and laydown areas for the Contractor. The plan will be prepared at a large scale (1”=200’ for
example) over Near-map aerial imagery and will portray the proposed trail alignment along with general
notes and callouts regarding how/when the Contractor may access the construction zone. The plan will
also provide general information regarding construction fencing requirements near sensitive habitats. It
is assumed that the Contractor will be required to prepare detailed traffic control plans for review and
approval by the City prior to construction.
Page 3 of 12
Task 2.3 Drainage Report
A Drainage Report will be prepared for the project to analyze and size the proposed drainage
infrastructure. The drainage report will include the following sections: Introduction, methodology,
hydrologic and hydraulic analysis, and conclusions/recommendations. The report will be prepared in
accordance with the City’s standard for the preparation of drainage studies in effect at the time of
execution of this contract. Although the project is expected to result in an increase in impervious area
and an associated increase in peak flow rate, mitigation (detention) is assumed to be unwarranted since
the project drains directly to the back basin and portions of the project are within the floodplain.
Task 2.4– Opinion of Probable Construction Cost (OPCC)
The Consultant will prepare an OPCC as part of each PS&E submittal. The OPCC will be presented to
show the proposed bid items, unit prices, contingencies, and an overall cost.
Task 2.5 – Technical Special Provisions
The Consultant will prepare Technical Special Provisions as part of each PS&E submittal. The Technical
Special Provisions will be prepared in 2021 “Greenbook” format. The Consultant will also utilize City
provided special provisions as necessary. Additional source documents may be used by the Consultant
for project features not covered by the City special provisions or Greenbook. It is assumed the City will
prepare the Upfront Special Provisions and provide a template for the Technical Special Provisions.
Task 2.6 – Geotechnical Investigation
The Consultant will perform site exploration by advancing up to four (4) exploratory borings along the
trail alignment. It is anticipated that two (2) borings, to a depth of 25 feet, will be made in the vicinity of
the proposed retaining wall, and one (1) boring, to a depth of 50 feet, will be made on each side of the
proposed bridge. The borings will be drilled with truck-mounted hollow-stem auger drilling equipment
to the target depths or to practical refusal, whichever is first encountered.
Representative soil samples will be collected for laboratory analysis. Laboratory analysis is anticipated to
include unit weight, moisture content, sieve analysis, plastic index, consolidation, direct shear strength,
maximum density, optimum moisture content, corrosivity, and R-value.
Based on the field exploration and laboratory analysis, a draft and final Geotechnical Investigation
report will be prepared. The report will include the following: site geology, surface conditions,
subsurface conditions, groundwater, seismicity and seismic hazards, scour, corrosion, foundations,
retaining wall, embankment fills, temporary slopes and excavations, lateral earth pressure, and general
grading and earthwork.
It is assumed that no encroachment permit(s) or fees will be required to perform the field exploration,
and that adequate site access will be provided by the City.
It is further assumed that the geotechnical exploration will not occur during the avian breeding season
(January 15th through September 15th) and will occur in non-sensitive areas that do not require
additional environmental permitting and resource agency coordination. As such, no pre-construction
nesting bird surveys and/or biological monitoring are included. Similarly, it is assumed that no
archeological and/or Native American monitoring during the geotechnical exploration will be required.
Page 4 of 12
Task 2 – Deliverables:
Construction Plans (24”x36”) (PDF format)
Draft and Final Drainage Report (PDF format)
OPCC (PDF format)
Technical Specifications (Word format)
Draft and Final Geotechnical Report (PDF format)
Task 3 – Transportation Project Guidance Document
CRA will prepare a Transportation Project Guidance Document in accordance with the Riverside County
Santa Ana Region MS4 Permit. The report will document the implementation of LID principles and BMPs
to the extent practicable. It is assumed this project will be considered Category 4 since it is a new Class I
bikeway.
Task 3 – Deliverables:
Draft and Final Transportation Guidance Document (PDF format)
Task 4 – Agency and Utility Coordination
Task 4.1 – Coordination with Agencies and Utilities
The Consultant will submit the 75% and 100% plans developed under Task 2 for conflict check to the
utility providers located in the project area. These are assumed to be: EVMWD, Crown Castle, SoCal
Edison, Frontier Communications, Spectrum, and SoCal Gas. The Consultant will attend up to three (3)
virtual meetings with utility provider staff to coordinate the conflict review(s). It is assumed that any
required utility relocations will be shown on a Utility Relocation Plan sheet within the construction
documents developed under Task 2. It is assumed that utility impacts will be limited to one (1) EVMWD
fire hydrant relocation and EVWMD sanitary sewer manhole adjustments to grade.
Task 4.2 – Utility Certifications
The Consultant will prepare a Caltrans Utility Certification Liability Package for the project. It is
anticipated that this package will include Notice to Owners, Utility Agreements (if necessary), Utility
Relocation Plans (if necessary), and Reports of Investigation.
Task 4 - Deliverables:
Caltrans Utility Certification Liability Package
Page 5 of 12
Task 5 – Right-of-Way Support
The Consultant will provide the City with right-of-way support services to assist in securing right-of-way
actions from these four (4) properties.
APN Owner Full or Partial Acquisition TCE
371-100-020 Phyllis L Partial Yes
371-100-003 Tsun Full No
370-120-001 NP Lake Elsinore Commerce, LLC Partial Yes
370-120-063 Recently sold by Prebble Partial Yes
It is understood that the trail will not be located within the EVMWD sanitary sewer easement between
Stoneman Street and Skylark Drive.
Task 5.1 – Property Owner Outreach (Project Introduction Letters)
The Consultant will prepare a “Project Introduction Letter” based on a provided City template for each
of the four (4) affected properties. The draft letters will be provided to the City for review and comment.
The Consultant will mail the final version of each letter to each of the affected properties.
Task 5.2 –Legal Description, Plat Maps, and Title Reports
The Consultant will prepare up to four (4) plat map and legal descriptions to support the proposed right-
of-way acquisitions. The Consultant will obtain preliminary title reports for each of the four (4) affected
properties. The Consultant will review these documents to verify ownership and identify incumbrances.
Prior to preparing the plat maps and legal descriptions, the Consultant will prepare up to one (1)
revision to the previously prepared private property acquisition maps for City review and approval.
Task 5.3 – Appraisal Coordination
The Consultant will prepare estimates and opinions of value for the affected properties and will prepare
one (1) appraisal report for each. The appraisals will conform to the Uniform Standards of Professional
Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, and federal policies and regulations,
where applicable. Additionally, the Consultant will coordinate with a third-party appraiser to complete
an independent appraisal review.
Assumptions:
Appraisals will not be required for the EVMWD sanitary sewer easement.
Appraisal summary statements will be provided for each appraisal.
Appraisals will only evaluate land value and assumes no damages to property improvements.
It is assumed that Phase II Site Assessments will not be required.
It is assumed that the appraisal reviews will not be conducted as desk reviews.
Task 5.4 – Offer Package Preparation and Property Rights Acquisitions/Negotiations
The Consultant will perform acquisition negotiation services to acquire rights to the four (4) impacted
properties. The Consultant will assist the City in developing right-of-way documents in accordance with
the City’s right-of-way procedures manual. The Consultant will draft the acquisition documents using
City-approved forms for pre-acquisition review prior to offers being made to the property owners. It is
assumed each negotiation will start with an in-person presentation of the purchase offer, if feasible.
Page 6 of 12
The Consultant will make note of communicated property owner issues, concerns, and differences, and
will document that information in the individual parcel negotiation diary. The Consultant will work with
City staff throughout the negotiation process until settlement is reached.
As part of this task, the Consultant will:
Prepare offer letters, summary statements, and a list of compensable items, in accordance with
state or federal regulations.
Present a written purchase offer to each owner or their representative.
Communicate and negotiate with each property owner.
Prepare and assemble acquisition contracts, deeds, and related acquisition documents required
for the acquisition of the necessary property interests.
Prepare impasse letters, as needed.
Provide the necessary documents and diary logs for litigation support in the event an acquisition is
unable to be settled via voluntary means.
Transmit closed acquisition documents to the City.
The Consultant will perform quality assurance to ensure that the acquisition files adhere to local, state,
and federal laws and regulations, as well as being compliant with federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (URA) requirements.
Assumptions:
The four (4) affected properties will be acquired within twelve months from notice to proceed.
Relocation assistance will not be required and would only be provided as an additional service.
Eminent domain support assumes that impasse letters, copies, and owner files and diaries will
be provided to the City’s attorney. Additional eminent domain services, including but not limited
to deposition, court testimony, and providing expert witness services will not be required and
would only be provided as an additional service.
Task 5.5 – Escrow Coordination (Optional Scope)
If authorized by the City, the Consultant will assist with obtaining signatures on agreement documents
and process property owner payments through the City for closings. Once the acquisition agreement(s)
signatures are obtained from the property owner and the City, the Consultant will open escrow with the
City’s preferred escrow company. The Consultant will oversee escrow instructions and will deliver them
to the City for approval. The Consultant will coordinate payment between the Grantor, City, and the
Escrow Company. Additionally, the Consultant will assist in obtaining signatures on other necessary
documentation such as grant deeds and temporary construction easement deeds to convey title.
Task 5.6 – Caltrans Right-of-Way Certification
The Consultant will assist the City in obtaining right-of-way approval or certification documenting that
real property interests have been secured and that the right-of-way activities were conducted in
accordance with the applicable policies and procedures. During this process, the Consultant will
coordinate and attend certification planning activities, and meet with the City and project stakeholders
to determine project requirements. The Consultant will prepare the Caltrans certification submittal
package that will contain the certification form and the necessary completed backup documents. This is
assumed to generally include deeds, resolutions of necessity, final orders of condemnation, access
Page 7 of 12
agreements, cooperative agreements and permits and utility documents. The Consultant will evaluate
right-of-way process for correctness and consistency following the Caltrans review check-off.
Task 5 – Deliverables (for the four (4) affected properties):
Project introduction letters (mailed to each owner).
Preliminary title reports (PDF format).
Plat and legal descriptions (PDF format).
Appraisal reports and independent appraisal review reports (PDF format).
Acquisition offer document packages (PDF format).
Acquisition documents (PDF format).
Administration settlement memorandums, as applicable (PDF format).
Impasse letters, where applicable (PDF format).
Escrow documentation (PDF format).
Final title policy (PDF format).
Caltrans certification forms and documents (PDF format).
Task 6 – Environmental Support
Task 6.1 – Compensatory Mitigation Support
The Consultant will assist the City in mitigation planning and implementation. It is assumed that
compensatory mitigation will solely include the purchase of off-site mitigation credits from the Riverpark
Mitigation Bank or alternative agency-approved bank. Under this task the Consultant will assist the City,
as requested and to the extent budgeted, during continued mitigation negotiations with the regulatory
permitting agencies (U.S. Army Corps of Engineers [USACE], Regional Water Quality Control Board
[RWQCB], and California Department of Fish and Wildlife [CDFW], collectively).
Task 6.2 – Fencing and Signage Plans
As part of the Construction Plans developed under Task 2.2, the Consultant will prepare Fencing and
Signage Plans as follows:
Fencing and Signage Plan / Fencing and Signage Notes and Details
The Consultant will prepare a fencing and signage plan, and associated details, to depict the location and
materiality of the proposed wood fencing, gates, environmental signage, anti-littering signage, wayfinding
signage, and kiosks. It is assumed the kiosk will include an orientation map and interpretive signage and
the environmental and anti-littering signage will be consistent with the proposed wayfinding signage
design described below.
Prior to preparing the construction details, conceptual illustrations for the kiosk and signs, and a material
selection board for the fence and gates, will be prepared for City review. The conceptual illustrations and
material selection board will be typical for the purpose of establishing a comprehensive approval for the
aesthetic and materials of these elements. One (1) concept illustration will be created for the kiosk and
each sign type. It is assumed that revisions to the conceptual illustrations will be incorporated into the
75% Construction Plans, and that a preferred fence and gate type will be selected prior to beginning the
75% design.
Page 8 of 12
Based on the approved conceptual illustrations, the kiosk and signage construction details will depict the
following information: message schedule, control dimensions, materials, finishes, typestyles, color
specifications, and elevations (where appropriate). Copy layouts, camera-ready artwork/patterns,
sections, and other information is assumed to be provided by the sign fabricator as part of the shop
drawing submittal.
Wayfinding Notes and Details
The Consultant will prepare notes, details, and messaging for the proposed wayfinding signage. It is
assumed the wayfinding signs will be developed in accordance with the design intent portrayed in the
ActiveLE Plan.
Prior to preparing the construction details, conceptual illustrations of the wayfinding signage will be
prepared for City review. It is assumed the wayfinding signage types will include: confirmation signs, turn
/ off-trail signs, and decision signs. The conceptual illustrations will be typical for the purpose of
establishing a comprehensive approval for the aesthetic and materials of the wayfinding signs. One (1)
concept illustration will be created for each wayfinding sign type. It is assumed that revisions to the
conceptual illustrations will be incorporated into the 75% Construction Plans.
The wayfinding construction details will depict the following information: message schedule, control
dimensions, materials, finishes, typestyles, color specifications, and elevations (where appropriate). Copy
layouts, camera-ready artwork/patterns, sections, and other information is assumed to be provided by
the sign fabricator/Contractor as part of the shop drawing submittal.
Task 6.3 – Paleontological Resource Surveys
As a subconsultant to Helix, Material Culture Consulting (MCC) will perform research to determine the
paleontological and geological context of the project area, including reviews of available published
geologic maps, scientific literature, and online paleontological databases. Additionally, a paleontological
records search will be requested from the Western Science Center to identify known fossil localities within
the project boundaries, and localities from similar deposits within a one-mile radius. MCC will conduct a
paleontological field survey of the project site, which is assumed to be completed by one paleontologist
in one eight-hour day.
This background research will be used to determine the paleontological potential of the geologic units
within the project area, including those that may be encountered in the subsurface. The project area will
be mapped onto high-resolution geologic maps available and overlain with the paleontological potential
rankings for ease of reference. The results of the paleontological study will be compiled in a memorandum
that complies with applicable local and state regulations. The paleontological memorandum will include
recommendations for further paleontological tasks, if any, which would be performed as an additional
service.
Task 6.4 – Paleontological Resources Monitoring and Treatment Plan
Prior to the commencement of project-related ground-disturbance, MCC will prepare a Paleontological
Resources Impact Mitigation Program (PRIMP) to guide paleontological monitoring efforts. The PRIMP will
also include an inadvertent discovery protocol that will provide a framework for the treatment of
inadvertent discovery of paleontological resources during construction.
Page 9 of 12
Task 6.5 – MHSCP and DBESP Updates
It is understood that between Stoneman Street and Skylark Drive the trail will no longer be located
within the EVMWD sanitary sewer easement, and will instead run immediately north of, and adjacent
to, the easement; within an area that was previously studied during the PA/ED phase. As such, the
Consultant will update the project’s: Multiple Species Habitat Conservation Plan (MHSCP), Biological
Technical Report, and Determination of Biologically Equivalent or Superior Preservation (DBESP)
documents, as applicable. The revised documents will be routed to City staff for one (1) round of
revision prior to submitting to the resource agencies as part of the environmental permitting package. It
is anticipated that this revised trail alignment will encroach into additional sensitive resources (smooth
tarplant and riparian habitats). Updates to these documents based on criteria other than the trail re-
alignment as stated above is not included in this task. Re-validation of existing conditions or field survey
to document areas beyond the previously studied area is not included in this task.
Task 6.6 – Final MND Addendum 1
To document the new trail alignment between Stoneman Street and Skylark Drive and the associated
updates to the project’s mitigation measures, the Consultant will prepare an administrative Addendum
to the Final Mitigated Negative Declaration (MND) that was developed during the PA/ED phase. A draft
administrative Addendum will be routed to City staff for one (1) round of review prior to finalizing. Upon
finalizing, the Consultant will assist the City with processing the administrative Addendum. It is
understood that a public review period is not required.
Task 6.7 – Regulatory Permits
The Consultant will provide support to the City for the preparation of permit application packages and
processing the required permits with the regulatory agencies, as follows. It is assumed that the no new
field surveys or validations will be required.
Prior to submittal to the USACE, RWQCB, and CDFW, the Consultant will submit an electronic copy of the
draft permit application materials to the City for review. The Consultant will revise the draft permit
application materials based on one (1) set of consolidated comments provided by the City. The
Consultant will then finalize the permit application materials and submit electronic copies of the final
permit application materials to the appropriate regulatory agencies.
Aquatic Resource Delineation Report
The Consultant will prepare an aquatic resource delineation report (ARDR) for the project based on the
field data obtained by the Consultant in 2020 and 2021. The ARDR will be prepared in conformance with
current regulatory standards in reporting on existing waters of the U.S. subject to the regulatory
jurisdiction of the USACE pursuant to Clean Water Act Section 404, waters of the State subject to the
regulatory jurisdiction of the RWQCB pursuant to CWA Section 401 and State Porter-Cologne Water
Quality Act (Porter-Cologne), streambed and riparian habitat subject to the regulatory jurisdiction of the
CDFW pursuant to California Fish and Game Code (CFG Code) Sections 1600 et seq. The report will
describe the delineation methods, existing agency jurisdiction, and applicable regulations.
Page 10 of 12
Agency Pre-Application Meeting and Liaison
As requested and to the extent budgeted, the Consultant will assist the Client in coordinating and
attending up to three (3) pre-filing meetings with the USACE, CDFW, and/or RWQCB to discuss the
project, present the jurisdictional delineation findings, and establish the course for project permitting.
Clean Water Act Section 404 Nationwide Permit
Based on the PA/ED design, it is assumed that the project will qualify for the preparation and submittal
of a Request for Nationwide Permit 14 (Linear Transportation Projects) Verification package to the
USACE. The Consultant will prepare the following draft materials as part of the 404 permit: cover letter,
Pre-Construction Notification, and additional pages. The Consultant also will submit the ARDR and
previously-prepared documentation addressing Endangered Species Act compliance (e.g., MSHCP
Consistency Report, etc.), National Historic Preservation Act Section 106 compliance (e.g., Cultural
Resources Technical Report, Historical Resources Technical Report, etc.), California Environmental
Quality Act (CEQA) documentation, and a description of the project.
CWA Section 401 Request for Water Quality Certification
Based on the PA/ED design, it is assumed that the project will require the preparation and submittal of a
Request for Clean Water Act 401 Water Quality Certification application to the RWQCB for impacts to
waters of the State. Any isolated waters of the State subject to Waste Discharge Requirements pursuant
to the State Porter-Cologne Water Quality Control Act are assumed to also be incorporated into the 401
Water Quality Certification. Issuance of a 401 certification by the RWQCB or demonstration that the
RWQCB did not take action on the certification request is a material part of fulfilling the conditions of
the CWA Section 404 Nationwide Permit.
According to the new regulatory procedures by the RWQCB, the permitting efforts also will require an
alternatives analysis relative to the spatial and functional impact of the project. Based on the PA/ED
design, the Consultant anticipates the project would be considered a Tier I or Tier II project, which
requires on-site evaluations of avoidance, minimization, and impact alternatives. The Consultant will
prepare the following draft materials as part of the 401 request: cover letter, Request for Water Quality
Certification application form, ARDR, and a Tier I or Tier II alternatives analysis. The Consultant will also
submit the project’s CEQA documentation, Transportation Project Guidance Document (Water Quality
Management Plan), Drainage Report (as applicable), project description, and the plans for permanent
Best Management Practices. The Consultant assumes that the City is responsible for the required
application and other fees necessary for submittal to the RWQCB.
California Fish and Game Code Section 1602 Notification of Lake or Streambed Alteration
Based on the PA/ED design, it is assumed that the project will require the preparation and submittal of a
Standard 5-year Section 1602 Streambed Alteration Agreement request to the CDFW for impacts to
jurisdictional streambed and/or riparian habitat. The Consultant will prepare the following draft
materials as part of the 1602 agreement request: cover letter, Notification of Lake or Streambed
Alteration application form, ARDR, and DBESP. The Consultant will also submit the project’s CEQA
documentation, which will be required by the CDFW before the 1602 agreement can be issued. A
Page 11 of 12
standard application fee is also required by the CDFW. It is assumed that the City is responsible for the
required application and other fees necessary for submittal to the CDFW.
Regulatory Permit Processing
Once permit applications are submitted to the appropriate regulatory agencies, as requested and to the
extent budgeted, the Consultant will provide support to the City during agency processing of permit
application materials. It is assumed that the City will elect the Consultant to serve as the primary point
of contact for the regulatory agencies and will lead coordination efforts. Specific support tasks expected
to be provided by the Consultant include performing outreach to the agencies via phone and e-mail
correspondence; coordinating with the City and project team regarding additional information needs
during permit processing; and preparing additional information in response to agency comments.
Task 6.8 – Graphic Simulations
To support the environmental regulatory permitting, the Consultant will prepare one (1) photo
simulation of the trail and one (1) plan view illustration of the trail. The location of each graphic will be
coordinated with the City prior to commencement. It is assumed that prior to the graphics being
submitted to the resource agencies that one (1) round of revisions based on City comments will be
performed. It is also assumed that one (1) round of revisions to the graphics based on resource agency
review will be performed.
Task 6.9 – Environmental Re-Validation and Update(s) to Mitigation, Monitoring, and Reporting
Program (MMRP)
As part of the project’s PA/ED phase, the City adopted a Final Initial Study/Mitigated Negative
Declaration (IS/MND) and a Mitigation Monitoring and Reporting Program (MMRP) in compliance with
the California Environmental Quality Act (CEQA). Unless otherwise stated in the Scope of Services, it is
assumed that preparation of subsequent CEQA documentation for the project will not be required.
During the PS&E phase the Consultant will review and evaluate the project design refinements to 1)
confirm/re-validate that the conclusions and mitigation measures, as identified in the adopted Final
IS/MND and MMRP, remain applicable, and 2) determine whether the potential exists for the project to
result in any new significant environmental effects or substantially increase the severity of previously
identified significant effects. The Consultant will prepare a brief CEQA re-validation memorandum
summarizing the results of this review as part of the administrative Addendum described in Task 6.6.
If required, the Consultant will update the MMRP to reflect the changes made to the mitigation
measures identified in the adopted Final IS/MND and MMRP due to design refinements and/or specific
requirements contained in the regulatory permits to be obtained for the project (as part of Task 6.7).
The updated MMRP will be revised one (1) time before being finalized.
Task 6 – Deliverables:
Draft and Final Paleontological Resource Assessment memorandum (MS Word and PDF formats)
Draft and Final PRIMP (MS Word and PDF formats)
Draft and Final ARDR (MS Word and PDF formats)
Page 12 of 12
Draft and Final MHSCP and DBESP (PDF format)
Draft and Final MND administrative Addendum (PDF format)
Graphic Simulations (PDF format)
Draft and Final permit application packages (PDF format)
Draft and Final CEQA Re-validation memorandum (MS Word and PDF formats)
Draft and Final MMRP, if required (MS Word and PDF formats)
Additional Services
Any services not specifically described in the above scope, as well as any changes in the scope the Client
requests, will be considered Additional Services and will be performed at our then-current hourly rates.
Prior to commencing the Additional Services, Consultant shall obtain prior written approval from the
Client. Additional services we can provide include, but are not limited to, the following:
Attendance at additional meetings beyond those identified in the Scope of Services.
Providing any other services not expressly included in the Scope of Services.
SWPPP or Water Pollution Control Plan.
Erosion Control plans.
Traffic Control plans.
Visual renderings beyond those identified in the Scope of Services.
Permanent irrigation design.
Construction Plans beyond those identified in the Scope of Services.
Lighting and electrical design.
Franchise utility studies and/or design.
Water or sanitary sewer design beyond one (1) temporary irrigation water service, one (1) fire
hydrant relocation, and adjusting sanitary sewer manholes to grade.
Custom bridge design.
Utility potholing.
Preparation of technical studies not included in the Scope of Services.
Bid and Construction Services.
Hazardous and remediation services.
Phase II Site Assessments.
Environmental study or analysis beyond those identified in the Scope of Services.
Cultural Resources Monitoring Plan (mitigation measure CUL-2).
Environmental field studies.
Payment of any fees.
Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of information provided by the Client.
The Client shall provide information requested by CR Associates during the project.
Project Schedule
We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule.
Compensation
Chen Ryan will perform the scope of services outlined above on a lump sum basis in accordance with the
Fee Schedule.
Senior Project Principal Principal Senior Senior Project Senior Utility
Professional Manager Professional Analyst II Analyst I Support President Assoc Sr PM Sr Designer Designer Biologist Planner Prof Scientist Tech Manager R/W Agent R/W Agent Coordinator Controller
Task Description $296.92 $247.43 $179.80 $138.56 $117.12 $90.00 $227.82 $149.24 $110.26 $96.47 $90.79 $338.51 $242.65 $227.10 $154.56 $127.88 $168.12 $121.90 $88.27 $98.06 $138.72
Task 1 - Project Management and Meetings 6 68 38 20 0 0 4 10 0 0 0 6 6 0 8 0 0 0 0 12 0 -$36,514.20$
1.1 Kick-off Meeting 2 2 2 2 2 2 2 -$3,048.02$
1.2 Monthly Meetings (12 Months)12 18 2 8 4 4 8 12 -$12,592.96$
1.3 Schedule and Progress Reports 6 -$1,484.58$
1.4 Presentation to PC and CC (Up to 2 Total)12 6 6 -$4,879.32$
1.5 Project Management 6 36 12 12 -$14,509.32$
Task 2 - Plans, Specifications, and Estimate - 75% and 100%22 120 168 230 78 24 18 40 40 138 161 2 0 4 0 0 0 0 0 0 0 $ 46,710.00 200,300.63$
2.1 Field Walk 8 8 8 8 -$6,434.32$
2.2 Construction Plans 16 82 110 144 78 10 28 40 126 161 20,535.00$AARK 132,080.71$
2.3 Drainage Report 2 10 32 54 24 -$18,463.98$
2.4 Opinion of Probable Construction Cost 2 4 6 24 4 12 -$7,742.40$
2.5 Technical Special Provisions 2 12 8 4 -$5,555.64$
2.6 Geotechnical Investigation 4 4 4 2 4 26,175.00$Inland 30,023.58$
Task 3 - Transportation Project Guidance Document 2 8 12 22 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ -8,319.20$
3.1 Transportation Project Guidance Document 2 8 12 22 6 -$8,319.20$
Task 4 - Agency and Utility Coordination 0 26 16 10 14 0 0 4 0 0 0 0 0 0 0 0 8 0 0 40 0 $ -18,199.58$
4.1 Coordination with Agencies and Utilities 16 8 6 10 4 4 24 -$11,022.72$
4.2 Utility Certification 10 8 4 4 4 16 -$7,176.86$
Task 5 - Right-of-Way Support 0 30 28 24 0 0 0 0 0 0 0 0 0 0 0 0 58 96 126 0 5 $ 18,030.00 67,081.72$
5.1 Property Owner Outreach (Project Introduction Letters)4 2 4 2 8 -$3,215.00$
5.2 Legal Description, Plat Maps, and Title Reports 4 6 4 4 8 18,030.00$Geocentric 22,300.44$
5.3 Appraisal Coordination 6 6 4 4 4 4 -$4,630.78$
5.4 Offer Package Preparation and Property Rights Acquisitions/Negoatations 6 6 4 44 60 90 5 -$26,466.80$
5.5 Escrow Coordination (Optional Scope)4 2 4 2 4 20 -$4,492.80$
5.6 Caltrans Right-of-Way Certification 6 6 4 2 12 12 -$5,975.90$
Task 6 - Environmental Support 0 66 68 62 12 2 2 4 10 20 20 88 36 204 182 112 0 0 0 0 0 $ 34,790.00 206,728.50$
6.1 Compensatory Mitigation Support 8 6 4 36 -$15,798.84$
6.2 Fencing and Signage Plans 6 6 12 12 2 2 25,550.00$Graphic
Solutions 32,312.76$
6.3 Paleontological Resource Surveys 8 4 4 4 2 6,775.00$Material Culture
Consulting 11,452.68$
6.4 Paleontological Resources Monitoring and Treatment Plan 8 4 4 4 2 2,465.00$Material Culture
Consulting 7,142.68$
6.5 MHSCP and DBESP Updates 6 6 4 6 30 30 12 -$18,133.04$
6.6 Final MND Addendum 1 4 2 2 4 46 -$8,879.42$
6.7 Regulatory Permits 12 30 18 40 168 150 50 -$92,128.44$
6.8 Graphic Simulations 6 6 12 2 2 4 10 20 20 -$10,306.50$
6.9 Environmental Re-Validation and Update(s) to Mitigation, Monitoring, and
Reporting Program (MMRP)8 4 4 2 24 2 4 -$10,574.14$
Expenses $ 7,000.00 $ 1,000.00 $ 20,800.00 28,800.00$
All Tasks Total 30 318 330 368 104 32 24 58 50 158 181 96 42 208 190 112 66 96 126 52 5 $ 99,530.00 $ 565,943.83
Other Sub Cost Sub Name
Epic Land Solutions
Murrieta Creek Trail PS&E
9/2/2022
CR Associates
CR Associates Schmidt Design Group Helix Environmental
Cost
CR Associates
Murrieta Creek Trail PS 9/2/2022
PROJECT MAP