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HomeMy WebLinkAbout17 - OB-2 - W 19th St Bicycle Trail Project - 1/17/2017CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 17, 2017 SUBJECT: WEST 19th STREET BICYCLE TRAIL PROJECT DATE: JANUARY 6, 2017 ITEM NUMBER: OB -2 FROM: PUBLIC SERVICES DEPARTMENT/TRANSPORTATION SERVICES DIVISION PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR, (714) 754-5343 RECOMMENDATIONS: 1. Authorize an amendment to the Professional Services Agreement for Environmental Services for the West 19th Street Bicycle Trail Project with Dudek, 605 Third Street, Encinitas, CA 92024, in the amount of $155,977. 2. Authorize the City Manager and City Clerk to execute the Amendment. BACKGROUND: The City of Costa Mesa has identified the need to improve bicycle connectivity within the City and to add Class I and II bicycle facilities that link local and regional bicycle infrastructure. The new bicycle lanes on West 19th Street and a new multipurpose trail within Talbert Regional Park will improve bicycle connectivity between the existing bicycle lanes along Placentia Avenue and the Greenville - Banning Channel Bikeway along the Santa Ana River. In 2014, the City was awarded federal Active Transportation Program (ATP) grant funds in the amount of $1,319,000, and a Bicycle Corridor Improvement (BCI) Program grant in the amount of $385,000, to implement bicycle facilities and associated improvements along W. 19th Street between Placentia Avenue and the Greenville - Banning Channel Bikeway. The West 19th Street Bicycle Trail project will provide a combination of a bicycle route, lanes, and a trail to provide a bicycle and pedestrian connection along West 19th Street and the Talbert Nature Preserve between Placentia Avenue and the Santa Ana River, connecting to the Greenville -Banning Channel Trail. Within the Talbert Nature Preserve, the trail generally uses the Southern California Edison (SCE) easement. In July 2015, the City Council approved with a 4-0 vote a Professional Services Agreement with KOA Corporation for engineering design services for the subject project. The design is currently underway and is at 65 percent completion. The City also awarded a Professional Services Agreement to Dudek to conduct a preliminary environmental review of the project on June 20, 2016, in the amount of $49,500 (Attachment 1). ANALYSIS: Dudek completed a Preliminary Environmental Study (PES) for the West 19th Street Bicycle Trail project and submitted it to the State of California Department of Transportation (Caltrans) for their review (Attachment 2). This was conducted to meet federal funding requirements. Caltrans reviewed the document and identified technical studies that will be required to meet federal National Environmental Policy Act (NEPA) requirements. In addition, the consultant identified additional studies to satisfy the California Environmental Quality Act (CEQA), other regulatory agencies, and Coastal Access Permit requirements. Attachment 3 includes the scope of services for the additional environmental services for the project. The revised scope is based on the design alternative that would have least environmental impact based on known mitigation areas and field conditions. The project alignment is included in Attachment 4. The following are some of the key tasks included in the proposed environmental review: • Preparation of the Mitigated Negative Declaration (MND) identifying potential impacts from both construction and operation of the project and feasible mitigation measures to avoid or reduce the potential significant effects to less than a significant level. A Mitigation Monitoring and Reporting Program (MMRP) will be developed including monitoring team qualifications, specific monitoring activities, a reporting system, and criteria for evaluating the success of the mitigation measures; • Biological assessment to address potential impacts to federally -listed species, including facilitation of consultation with United States Fish and Wildlife Service (USFWS); • Preparation of the Archeological Survey Report (ASR) and the Historic Properties Survey Report (HPSR) in accordance with Section 106 of the National Historic Preservation Act (NHPA); and • Coastal Development Permit processing through the California Coastal Commission. The total estimated cost for the services is $155,977. The City has appropriated $250,000 from the Capital Improvement Fund towards environmental services for the project in the Fiscal Year 2016-17 Budget. Considering the prior allocation of $49,500, approximately $200,000 is available for the study. The consultant anticipates completion of the required tasks in approximately eleven (11) months, by November 2017. The consultant's schedule is included as Attachment 5. The federal grant funding has an allocation deadline of June 30, 2018. This requires that all environmental approvals and design be completed by December 2017 to allow for submittal of construction authorization documents to Caltrans and the California Transportation Commission. The proposed consultant schedule for the environmental study assumes cooperation from various agencies and receipt of required approvals in a timely manner. There may be unknown issues that might result in delays in processing of the environmental document which could result in the City missing the funding deadline, and consequently losing the allocated federal funds. ALTERNATIVES CONSIDERED: One alternative would be not to approve the amendment to the Professional Services Agreement. However, this alternative will result in loss of approximately $1,700,000 in grant funding for the construction of this project. FISCAL REVIEW: The City has allocated a total of $250,000 in Capital Improvement funds for the environmental phase of the project in the Fiscal Year 2016-17 Budget. The proposed cost for environmental services can be accommodated within the allocated budget. it LEGAL REVIEW: The City Attorney's office will prepare the required amendment to the Professional Services Agreement based on Council authorization. CONCLUSION: Staff had initiated a preliminary environmental review of the West 19th Street Bicycle Trail Project. Based on the completed Preliminary Environmental Study (PES) and its subsequent review by Caltrans, the scope of a detailed environmental study was identified. The proposed services will require an amendment to the Professional Services Agreement with Dudek, the environmental consultant that will prepare the required studies. The scope of work requires an allocation of $155,977 and it is estimated to take eleven (11) months to complete. Staff requests City Council's authorization to proceed with this study directing the preparation of an amendment to the Professional Services Agreement and also authorize the City Manager and City Clerk to execute the agreement. RAJA SETHURAMAN Public Services Director ATTACHMENTS: 1 — Professional Services Aareement with Dudek 2 — Preliminary Environmental Study (PES) 3 — Scope of Work — Additional Services 4 — Project Alignment 5 — Proposed Schedule DISTRIBUTION: City Manager Assistant City Manager City Attorney City Clerk Division Staff 3 ATTACHMENT 1 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH DUDEK THIS AGREEMENT is made and entered into this 20th day of June, 2016 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and DUDEK, a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide environmental consulting services for the 19th Street Bicycle Trail project, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in Consultant's Proposal, attached hereto as Exhibit %A" and incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Performance to Satisfaction of Com. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City's Chief Executive Officer ("City CEO") or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the 1 Dudek W matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit"A/ Consultant's total compensation shall not exceed Forty -Nine Thousand Five Hundred Dollars ($49,500.00). 2.2. Additional Services. Consultant shall not receive compensation for any services 2 9 Dudek provided outside the scope of services specified in the Consultant's Proposal unless the City or the Project Manager, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of five (5) years, ending on June 19, 2021, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall 3 CG) Dudek be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business 4 Dudek automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit "B" and incorporated herein by this reference. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including 5J Dudek v exhibits to this Agreement. 6.2. Representatives. The City CEO or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Dudek 605 Third Street Encinitas, CA 92024 Tel: (760) 942-5147 Fax: (760) 632-0164 Attn: Shawn S. Shamlou IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (714) 754-5017 Fax: (714) 754-5028 Attn: David Cho 6.5. Dru -free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "C" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto 6 Dudek agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assigm-nent. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 7 Dudek �� 6.11. 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. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, 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. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership_ of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the 8 '- Dudek ��� Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Em lopyrnent. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficiary Ri hts. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 9 Dudek 9 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.27. Corporate ALithorit . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation leawzi :� CONSULTANT a)6� �IUUOK Frank Dudek Name and Title 9,5 Taxpayer ID Number Date: Date:f � - L9 _ Z66G 10 Dudek��� wl ATTEST: E bwu aotA a r � City Clerk U`�R•oaa�Q�� APPROVED I OR Date: City Attor ey 1z I APPROVED AS TO INSURANCE: Date: 12, 2,11� Risk Management APPROVED AS TO CONTENT: Project Manager APPROVED AS TO PURCHASING: Interim Finance Director DEPARTMENTALAPPROVAL Interim PuRic Services Director Date: (.- l 6 Date: e • Z 5 Date: � Z -r 16 11 Dudek �� EXHIBIT A CONSULTANT'S PROPOSAL �5) DUDEK MAIN 605 TH.I..D STREET P,10,11TAS•-,A-_iFORNtA 92074 T 760 942 5 i 47 T 800 450 18 ! 8 f 760 532.0!64 May 18, 2016 Mr. Raja Sethuraman, Transportation Services Manager City of Costa Mesa 34156 Del Obispo Street Dana Point, CA 92629 �c Pr-nv'<<r Er: firculn7-neroLal Consulting Services for the Street Bicycle Facility Project Dear Raja, Dudek submits this scope of work for environmental consulting services related to the 19`n Street Bicycle Facility project Orange County Sanitation District (OCSD) prepared a Final EIR in 2014 addressing its 06-19 Trunk Sewer project, located in the same alignment as the City's project. Subsequent to the Final EIR's certification, the City has designed the project and seeks to tier off of OCSD's Final EIR. This scope of work is to reflect additional CEQA review and biology tasks to incorporate the bicycle facility project to the previously certified Final EIR. Our scope of work to prepare a CEQA Addendum and related tasks follows. SCOPE OF WORK TASK I: BIOLOGY Biological Resource Survey and Letter Report Dudek biologists will utilize biological resource mapping prepared for the Orange County Sanitation District (OCSD) Costa Mesa Trunk Sewer Project 06-19 (November 2013). A current field reconnaissance survey will be conduct to confirm the previous mapping of vegetation communities and jurisdictional resources. Biologists will cover the study area of the proposed bike path (assumed 50 -foot wide mapping corridor) by foot. Dudek will map vegetation communities and land covers according to the Orange County Land Cover and Habitat Classification System (Gray and Bramlet 1992). Community classifications will be selected based on site factors, descriptions, distribution, and characteristic species present within an area. Information such as dominant species and their associated cover classes, aspect, canopy height, and visible disturbance factors will be recorded on field data forms, described above. In some areas, the vegetation communities observed in the field may not match those described in Gray and Bramlet (1992). In these instances, Dudek will generate additional site-specific vegetation community or land cover classifications. Dudek biologists will map jurisdictional waters on the project site in the field, directly onto 100 -scale (I inch = 100 feet), false -color digital orthographic maps. The extent of wetland features will be determined by the location of riparian vegetation and data collected for the previous jurisdictional delineation. However, Dudek will not conduct a new formal jurisdictional delineation of waters of the United States, as it is assumed that the project will avoid jurisdictional resources. Similarly, the extent of suitable habitat for special -status species 1VV1W DUDEK CUM Mr. Raja Sethuramon Subject Proposal to Provide Environmental Consulting Services for the 19' Street Bicycle Facility Project will be verified, but no focused surveys (e.g., protocol surveys for California gnatcatcher or least Bell's vireo) are proposed. It is assumed that the project will avoid direct impacts to suitable habitat for these species and the project can be constructed outside the breeding season to avoid indirect impacts during construction. Dudek will document the survey findings presented in a biological resources letter report. The report will include a discussion of the survey methodology according to the appropriate protocol and adequacy of the surveys. Vegetation communities and 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 with any reasonable potential to constrain the project will be addressed in the report. The report will include an impacts analysis impacts, and an assessment of the significance of impacts in accordance with NEPA and CEQA. Direct, indirect, and within -project cumulative effects for both short- term and long-term effects of the proposed project will be evaluated. Dudek will recommend specific avoidance, minimization, and mitigation measures for impacts identified that reduce impacts to a level below significance, if possible. Proposed mitigation requirements for potential impacts to sensitive or special -status resources will be discussed in terms of regional planning, and city, state, and federal laws and guidelines to comply with all existing biological resource laws, regulations, and court precedent, including NEPA, CEQA, and MBTA. Graphics will be prepared to illustrate the location of the site, the existing biological conditions, and the proposed project impacts. All plant and wildlife species encountered and identified will be recorded to include as an appendix to the biological resources letter report. Two versions of the report are assumed under this scope of work and cost estimate; a draft report will be provided to the City, followed by a final report that address any comments from City staff. This scope of work does not include response to public or resource agency comments, attendance at resource agency meeting, or preparation of mitigation plans. The City will provide engineering drawings for the proposed impact areas for the impacts analysis section; up to two iterations of the impacts will be analyzed, additional design changes would require a scopelfee amendment. Cost estimate for this task $9,500.00 TASK T: PREPARE CEQA ADDENDUM The City would like Dudek to prepare a CEQA Addendum to incorporate the City's bicycle facility project and impacts in relation to the OCSD certified FEIR. In order to fit within a CEQA Addendum to the OCSD 6-19 FEIR pursuant to California Government Code section 15164, the City can prepare an addendum to a previously certified FOR if some changes or additions are necessary, but where there are no substantial changes or new information of substantial importance (as described in Section 15162). The Addendum would describe changes to the project description and environmental impacts described in the FEIR. Dudek will prepare a CEQA Addendum outlining the proposed changes, pursuant to Section 15164 of the CEQA Guidelines. The Addendum will present the minor technical changes to the Final MND. The Addendum will specify the incorporation of the bicycle facility project, and how project does not result in new significant impacts. Dudek has preliminarily reviewed the closest mapped biological resources to the DUDEK 2 May 2016 Mr. Raja Sethuraman Subject; Proposal to Provide Environmental Consulting Services for the 19''' Street Bicycle Facility Project proposed trail features. The proposed trail features appear to be wholly located within the previously analyzed OCSD Force Main alignment. Potential exceptions to preparing an addendum are below based on our preliminary review of the project: The proposed structural retaining wall on the slope from 19' street down to the park (presumably along Balboa Blvd.) was not specifically proposed by OCSD. Impacts would need to have occurred wholly within the same footprint as OCSD's, which they appear to do based on the map provided. The OCSD FEIR already identified construction of a facility in this alignment that would have very similar impacts and mitigation. The City can probably "self -mitigate" by doing some restoration plantings on the slope, since it's mostly disturbed, non-native species on that slope currently. Also, the proposed trail use is also different Indirect impacts of bicycle use in Talbert Park adjacent to vireo habitat could be a potential issue. The FHWA funding will likely be a sufficient nexus for Section 7, so the City should coordinate with the USFWS (Christine Medak) soon. Dudek would work with the City to make the case that indirect impacts are reduced by a more developed trail that will get regular use as opposed to the current, more isolated condition, which is more likely to attract the type of human use that is more potentially destructive because folks are hanging out longer and "hiding out" (e.g., homeless, teenagers, etc.). With regular use, human presence may be more frequent, but will more likely consist of brief pass-throughs. The City/Dudek would need to present an argument why no mitigation measures are required. We assume we would focus on biology and cultural resources in the addendum, with lesser write-ups on the remaining CEQA topics. The addendum take approximately 3 weeks after the biology survey and report are completed. This scope of work assumes that Dudek would prepare the CEQA Addendum, submit to the City for review, and then Dudek will incorporate revisions. This scope of work and cost estimate assumes the need for up to four graphics. We assume the main body of document would be no longer than 15 pages in length. We assume the Addendum will be filed at the City and that posting at County Clerk's office is not required. One meeting is included in this scope and cost. Cost estimate for this task: $12,500.00 TASK 3: NEPA COMPLIANCE We understand FHWA funding is involved, and hence NEPA is triggered, to be coordinated through Caltrans. We assume preparation of a Categorical Exclusion (CE) with Technical Studies would suffice. The OCSD biology and cultural technical reports would be used to support the CE, along with the newer biology memo described above. We assume no other technical studies would be needed, although that is decided entirely by Caltrans. The cost and schedule is difficult to predict, but assuming Caltrans agrees with the above, the CE would be signed after the addendum is filed, and would take anywhere from 3 months to a year; we assume a 6 -month duration. Cost estimate for this task $10,000.00 DUD EK — -- - - 3 May 2016 Mr. Raja Sethuraman Subject Proposal to Provide Environmental Consulting Services for the 19'h Street Bicycle Facility Project TASK 4: ADDITIONAL STUDIES Additional Studies as requested by Caltrans for NEPA, as -needed Section 7 coordination with USFWS, and coastal permitting support are included in this task, as requested by the City. The scope for the Section 7 effort is described below. Section 7 Consultation — US Fish and Wildlife Service Dudek understands that the project may receive federal funding from the Federal Highways Administration (FHWA) and is located within the Central and Coastal Orange County Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) Reserve. The portion of the NCCP/HCP Reserve that the project intersects is owned by the County of Orange and operated by Orange County Parks (OC Parks). The County of Orange is a "participating landowner" under the NCCP/HCP; the City is considered a "non- participating landowner." Uses within the Reserve are subject to the NCCP/HCP and the associated Implementing Agreement and Environmental Impact Report/Study (EIR/EIS). The NCCP/HCP provides coverage for incidental take to multiple species and habitats regulated by the US Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW). It is assumed that FHWA will be required to consult with the USFWS, pursuant to Section 7 of the federal Endangered Species Act. It is assumed that the consultation will be "informal' (i.e., a Biological Opinion does not need to be issued by USFWS). The Biological Resources Letter Report prepared for the project will include a summary evaluation of the project's conformance with the NCCP/HCP. This information should be sufficient for FHWA to determine if they will initiate consultation with USFWS. Dudek will provide as - needed additional documentation and/or attend meetings to provide FHWA and the USFWS with the necessary information to complete the informal Section 7 consultation, up to approximately 30 staff hours. As an example, this number of staff hours could be utilized for senior biological staff to attend up to three meeting and provide up to two summary memos of discussion items, utilizing existing data (i.e., no additional surveys). Cost estimate for this subtask: $5,200.00 Other Studies and Support Dudek has allotted up to $12,300 to prepare any other technical studies required by Caltrans or the City, and to provide support for coastal permitting. It is understood that for full coastal development permitting support, additional scope is necessary, Cost estimate for this subtask: $12,300.00 Cost estimate for this task: $17,500.00 DUDEK - 4 May 2016 Mr. Raja Sethuraman Subject Proposal to Provide Environmental Consulting Services for the 19' Street Bicycle Facility Project Summing up these tasks, we request a budget in the amount of4$ 9.500.00. We look forward to work on this project with you. Please do not hesitate to contact me with any questions. Sincerely, awn . Shamlou, A rincipal DUDEIC May 2016 qO) EXHIBIT B CERTIFICATES OF INSURANCE _ ] 0 DATE (MMIDD/YYYY) ,a►caRD CERTIFICATE OF LIABILITY INSURANCE 6/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND Tr 7E CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pal€cy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). CONT PRODUCER NAME:Michael J Hall & ampany License 40792445.... Michael J Hall & Company PHONE - FAX N01 196 Insurance Services ADDRIESS:Certlfl' 19660 10th Ave NE - oom Poulsbo WA 98370 INSURERS AFFORDING COVERAGE NAIL a INSURER A: -$49 INSURED 25 INSURER B :Indian idarbQ Dudek INSURER C AMPfiCaMAUtOrn 605 3rd Street INSURER D: Encinitas CA 92024 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 434820736 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 1SSUE0 TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. D POLICY EFF POLICY EXP INSRH TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIOOIYYYY MMIDDIYYYY LT LIMITS C GENERAL LIABILITY MXG80965258 8128/2015 8/28/2016 EACHOCCURRENCE $1,000,000 RENTED X COMMERCIAL GENERAL LIABILITY A M15E512a QMurren $100,000 CLAIMS -MADE fx_� OCCUR MED EXP An one person} $10,000 X OCP/XCU/BFPD PERSONAL & ADV INJURY $1,000,000 X Cross Liability GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATELIMITAPPLIES PER: PRODUCTS -COMPIOPAGG $2000000 POLICY X PfiO Ll LOC$ C AUTOMOBILE LIABILITY MXG80965258 6128!2015 8!28/2016 ga aee 71$1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNEDSCHEDULED BODILY INJURY (Per accident) $ _ AUTOS AUTOS NON -OWNED DAM E $ X HIRED AUTOS X AUTOS Peracclden A X UMBRELLALIABX OCCUR CGX48875322 8/28/2015 8/28/2016 EACH OCCURRENCE 51,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE 51,000,000 DED I X I RETENTION S0 S C WORKERS COMPENSATION WC81030014 8128/2015 8/28/2016 X WCSTATLh OTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETC WART NERIEXECUTIVE NIA E.L. EACH ACCIDENT 5100000D ❑FFICEWMEMBER EXCLUDED? (M sndatory In NH) E.L. DISEASE - EA EMPLOYE S1,000,000 tt7E5GRf yyas, diPescrlTIONde underOF pPERATiOhlS below E.L DISEASE - POLICY LIMIT $1,000;000 B Professional Liab Claims Made PECO02403108 8/28/2015 8/28/2016 $1,000,000 Per Claim Contractors Pollution Liab: Occur $1,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The City of Costa Mesa and its elected and appointed boards, ofFcers, officials, agents, employees, and volunteers are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or On behalf Of the Named Insured. The Commercial General Liability Insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation appiies to the Commercial General Liability, Auto Liability, umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Costa Mesa THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Raja Sethuraman ACCORDANCE WITH THE POLICY PROVISIONS. 77 Fair Dr Costa Mesa CA 92626 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights rqsonpew. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:MXG80965258 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations 'The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1ci, POLICY NUMBER:MxGe0965258 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers Information required to com lete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury or' property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 C ISO Properties, Inc., 2004 414 Page 1 of 1 Waiver of Transfer Rights of Recovery Against Others - CG 24 04 1185 Policy Amendment General Liability Insured: Dudek Producer: Michael J. Hall & Company Schedule Name of Person or Organization Policy Number: MXG80965258 Effective Date: August 28, 2015 Any Person or Organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver (If no entry appears above. information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) We waive any right of recovery we may have against arising out of your work done under a contract with the person or organization shown in the Schedule that person or organization. The waiver applies only because of payments we make for injury or damage to the person or organization shown in the Schedule. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fond Insurance Companies as named in the policy CG2404 11-85 Contains Copyrighted Material of Insurance ServicesOffice, Inc., 1984 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured: Dudek Producer: Michael J. Hall & Company Schedule Person or Organization Any Person or Organization for which the insured has agreed by written contract executed prior to loss to famish this waiver Additional Premium % We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Policy Number: WC81030014 Effective Date: August 28, 2015 Job Description You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. This Form must be attached to Change Endorsement when issued after the policy is written One of the Fireman's Find Insurance Companies as named in the policy WC040306 444 roc F1eetCover Endorsement - CA 70 18 03 10 Policy Amendment(s) Commercial Business Auto Coverage Form - Motor Carrier Coverage Form A. Broadened Named Insured Section II - Liability Coverage, A. Coverage, 1. Who Is An Insured, the following is added: Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, majority ownership or majority interest will qualify as a Named Insured if (1) There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Declarations of this policy has the responsibility of placing insurance for that organization; and (3) The organization is incorporated or organized under the laws of the United States of America. However: (a) Coverage under this provision is afforded only until the next occurring 12 month anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and (b) Coverage under this provision does not apply to bodily injury or property damage that results from an accident that occurred before you acquired or formed the organization; and (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Name Insured in the Declarations; and (d) Coverage under A.(1), (2) and (3) above does not apply to any organization that is covered as an insured under any other automobile liability insurance policy whose limits of insurance have been exhausted or whose insurer has become insolvent. B. Broadened Who Is an Insured Form CA0001 (if attached to this policy), Section II - Liability Coverage, 1, Who Is An Insured, item b.(2) is deleted, and d. is added as follows: d. Your employee while using with your permission his owned auto, or an auto owned by a member of his or ber house -hold, in your business or your personal affairs, provided you do not own, hire or borrow that auto. 2. Form CA0020 (if attached to this policy), Section II - Liability Coverage, 1. Who Is An Insured, item b.(2) is deleted, and f. is added as follows: f Your employee or agent while using with your permission his owned private passenger type auto, or a private passenger type auto owned by a member of his or her household, in your business or personal affairs, provided you do not own, hire, or borrow that auto. C. Additional Insured Coverage and Waiver of Subrogation This Form ruust be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy 1. Form CA0001 (if attached to this policy), Section II - Liability Coverage, 1. Who Is An Insured, the following is added as item e.; and form CA0020 (if attached to this policy), Section H - Liability Coverage, 1. Who Is An Insured; the following is added as item g.: Any person or organization with respect to the operation, maintenance, or use, of a covered auto, provided that you and such person or organization have agreed under an expressed provision in a written insured contract or written agreement, or a written permit issued to you by a governmental or public authority, to add such person, organization, or governmental or public authority to this policy as an insured. t Sv4rats� Pc�stdsnr �'�� 1 CA7018 3-10 However, such person or organization is an insured: (1) Only with respect to the operation, maintenance, or use, of a covered auto; and (2) Only for bodily injury or property damage caused by an accident which takes place after: (a) You executed the insured contract or written agreement; or (b) The permit has been issued to you. 2. Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, A. Loss Conditions, item 5.; and form CA0020 (if attached to this policy), Section V — Motor Carrier Conditions, A. Loss Conditions, item 6.; the following is added: Waiver of Subrogation If required by a: a. Written insured contract or written agreement executed prior to the accident; or b. Written permit issued to you by a governmental or public authority prior to the accident; we waive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage arising out of the ownership, maintenance or use of a covered auto. D. Auto Medical Payments - Increased Limit For each covered auto described in the Declarations or shown in the Schedule as having Auto Medical Payments Coverage, the Medical Payments Limit of Insurance for those autos is revised to the greater of - 1. f 1. $5,000; or 2. The limit shown in the Declarations E. Hired Auto Physical Damage Coverage and Loss of Use Expenses Hired Auto Physical Damage Coverage If Physical Damage Coverage is provided by this policy on your owned covered autos, the following applies: Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy for Physical Damage Coverage. However any such auto: 1. Will be covered only for the same Physical Damage Coverage that applies to your owned covered autos; 2. Will be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by fire or lightning; and 3. The most we will pay for any one loss in any one accident is the Iesser of the following: a. Actual cash value of the damaged or stolen property as of the time of the loss as determined by us; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of $500. However: 1. If form CA0001 is attached to this policy, this coverage does not apply to autos you lease, Hire, rent or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited liability company) or members of their households; and 2. If form CA0020 is attached to this policy, this coverage does not apply to any private passenger type auto you lease, hire, rent or borrow from any member of your household, any of your employees, partners (if you are a partnership), members (if you are a limited liability company), or agents or members of their households. CA7018 3-10 Amendment to Condition 4. Other Insurance — CG 72 53 09 05 Policy Amendment(s) Commercial General Liability The following is added as a second paragraph to Section N Conditions, Conditions 4, Other Insurance, Following paragraph b.(2). However, if you have added any person, organization or vendor of yours as an additional insured to this policy by way of a MultiCover® endorsement and have agreed in a written insured contract that this insurance is primary and non-contributory with other insurance available to that additional insured, this insurance is primary and we will not seek contribution from such additional insured's other insurance. This provision does not apply to other insurance to which such additional insured has been added as an additional insured. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in die policy CG7253 09-05 EXHIBIT C CITY COUNCIL POLICY 100-5 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 b. Establishing a Drug -Free Awareness I-rogram to intorm employees apout: 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. ATTACHMENT 2 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form EXHIBIT 6-A PRELIMINARY ENVIRONMENTAL STUDY (PES) FORM Federal Project Final No.: ATPL-5312 101 Design: 6/2017 (Federal Program Prefix -Project No., Agreement No) (Expected Start Date) To: Tifini Tran (District Local Assistance Engineer) District 12 (District) 1750 E. 4`h St., Suite #100, Santa Ana 92705 (Address) Tifini.Tran dot.ca. ov (E-mail Address) From: City of Costa Mesa (Local Agency) Raja Sethuraman 714) 754-5032 (Project Manager's Name and Telephone Na) 77 Fair Drive, Costa Mesa, CA 92626 (Address) RAJA.SE"I'I•I URAMANgeostamesaca.gov (E-mail Address) Is this Project "ON" the ❑ Yes IF YES, STOP HERE and contact the District Local Assistance Engineer State Highway System? ® No regarding the completion of other environmental documentation. Federal State Transportation Improvement Program 8/4/2015 Amd #9 3/13 (FSTIP) (Currently Adopted Plan Date) (Page No._ attach to this form) htt ://www,dot.ca.gov/ trans ro fed m.htm: Programming for FSTIP: Preliminary Engineering Right of Way Construction 15/16, $ 0 $ 0 16/17 $ 1,704,000 (Fiscal Year) (Dollars) (Fiscal Year) (Dollars) (Fiscal Year) (Dollars) Project Description as Shown in RTP and FSTIP: 19th Street Bicycle Trail — Construct a multi-purpose trail through Talbert Regional Park connecting ll�c existing trail slang the Santa Ana River to West 191' Street and construct on -road class II bike lanes on 19" Street connecting to existing lanes on Placentia Avenue. Class I for 0.68 mile, Class II for 0.49 mile. Toll Credit Match for CMAQ. Detailed Project Description: (Describe the following, as applicable: purpose and need, project location and limits, required right of way acquisition, proposed facilities, staging areas, disposal and borrow sites, construction activities, and construction access.) See attached Detailed Project Description. (Continue description on "Notes" sheet, last page of this Exhibit, if necessary) Preliminary Design Information: Does the project involve any of the following? Please check the appropriate boxes and delineate on an attached map, plan, or layout including any additional pertinent information. Yes No ❑ N Widen existing roadway ❑ 0 Increase number of through lanes ❑ ® New alignment ❑ ® Capacity increasing—other ❑ ® (e.g., channelization) ❑ N Realignment ❑ N Ramp or street closure Yes No N ❑ Ground disturbance N ❑ Road cut/fill N ❑ Excavation: Anticipated ❑ ® maximum depth 14 feet ❑ ® Drainage/culverts ❑ N Flooding protection ❑ N Stream channel work DUDEK 6-t Yes No ❑ N Easements N ❑ Equipment staging ❑ ® Temporary access road/detour ❑ ® Utility relocation ❑ ® Right of way acquisition (if yes, attach map with APN) ❑ N Disposal/borrow sites January 2017 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form ❑ ® Bridge work ❑ ® Pile driving ❑ ® Part of larger adjacent project ® ❑ Vegetation removal ® ❑ Tree removal E]® Demolition ❑ ® Railroad Required Attachments: ® Regional map ® Project location map ® Project footprint map (existing/proposed right of way) ® Engineering drawings (existing and proposed cross sections), if available ❑ Borrow/disposal site location map, if applicable (Note: all nrops (except project locvitImi map and regional +traps) should be consistent with the project description (minimum scale: 1 " = 200).) ® Notes to support the conclusions of this checklist/project description continuation page (attached) Examine the project for potential effects on the environment, direct or indirect and answer the following questions. The "construction area," as specified below, includes all areas of ground disturbance associated with the project, including staging and stockpiling areas and temporary access roads. Each answer must be briefly documented on the "Notes" pages at the end of the PES Form. A. Potential Environmental Effects Yes To Be No Determined General 1. Will the project require future construction to fully utilize the design capabilities included ❑ ❑ in the proposed project? 2. Will the project generate public controversy? ❑ ❑ ® _ Noise 3. Is the project a Type I project as defined in 23 CFR 772.5(h); "construction on new ❑ ❑ location or the physical alteration of an existing highway, which significantly changes either tine horizontal or vertical alignment or increases [he number of through -traffic lanes"? 4. Does the project have the potential for adverse construction -related noise impact ® ❑ ❑ (such as related to pile driving)? Air Quality 5. Is the project in a NAAQS non -attainment or maintenance area? ® ❑ ❑ 6. Is the project exempt from the requirement that a conformity determination be made'? (I C ® ❑ ❑ "Yes," state which conformity exemption in 40 CFR 93.126, Table 2 applies): llicycic d gAdAn fheiliti 7. Is the project exempt from regional conformity? (If "Yes," state which conformity ❑ ❑ ❑ exemption in 40 CFR 93.127, Table 3 applies): 8. If project is not exempt from regional conformity, (If "No" on Question #7) Is project in a metropolitan non-attainment/maintenance area? ❑ ❑ l _: Is project in an isolated rural non -attainment area? ❑ ❑ Is project in a CO, PM10 and/or PM2.5 non-attainment/maintenance area? ❑ ❑ D U D E K 6-2 January 2017 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form Hazardous Materials/Hazardous Waste 9. Is there potential for hazardous materials (including underground or aboveground tanks, ® ❑ ❑ etc.) andlor hazardous waste (including oil/water soparators, waste oil, asbestos - containing material, lead-based paint, ADL, etc.) within or immediately adjacent to the construction area? Water Quality/Resources 10. Does the project have the potential to impact water resources (rivers, streams, bays, ❑ ❑ inlets, lakes, drainage sloughs) within or immediately adjacent to the project area? 11. Is the project within a designated sole -source aquifer? ❑ ❑ Coastal Zone 12. Is the project within the State Coastal Zone, San Francisco Bay, or Suisun Marsh? ® ❑ ❑ Floodplain 13. Is the construction area located within a regulatory floodway or within the base ❑ ❑ floodplain (100 -year) elevation of a watercourse or lake? Wild and Scenic Rivers 14. Is the project within or immediately adjacent to a Wild and Scenic River System? ❑ ❑ Biological Resources 15. Is there a potential for lWerally listed threatened or endangered species, or their critical ® ❑ ❑ habitat or essential fish habitat to occur within or adjacent to the construction area? 16. Does the projcet have the potential to directly or indirectly affeet migratory birds, or their ® ❑ ❑ nests or eggs (such as vegetation removal, box culvert replacement/repair, bridge work, etc.)? 17. Is there a potential for wetlands to occur within or adjacent to the construction area? ® ❑ ❑ 18. Is there a potential for agricultural wetlands to occur within or adjacent to the ❑ ❑ construction area? 19. Is there a potential for the introduction or spread of invasive plant species? ❑ ❑ Sections 4(f) and 6(f) 20. Are there any historic sites or publicly owned public parks, recreation areas, wildlife or ® ❑ ❑ waterfowl refuges (Section 4[n) within or immediately adjacent to the construction area? 21. Does the project have the potential to affect properties acquired or improved with Land ❑ ❑ 11 and Water Conservation Fund Act (Section 6[fj) funds? Visual Resources 22. Does the project have the potential to affect any visual or scenic resources? ® ❑ ❑ Relocation Impacts 23. Will the project require the relocation of residential or business properties? ❑ ❑ El Land Use, Community, and Farmland Impacts 24. Will the project require any right of way, including partial or full takes? Consider ❑ ❑ 11 construction easements and utility relocations. 25. Is the project inconsistent with plans and goals adopted by the community? ❑ ❑ 11 26. Does the project have the potential to divide or disrupt neighborhoods/communities? ❑ ❑ ED 27. Does the project have the potential to disproportionately affect low-income and minority ❑ ❑ ED populations? D U D E K 6-3 January 2017 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form 28. Will the project require the relocation of public utilities? ❑ ❑ ED 29. Will the project affect access to properties or roadways? ❑ ❑ ED 30. Will the project involve changes in access control to the State Highway System (SHS)? ❑ ❑ ED 31. Will the project involve the use of a temporary road, detour, or ramp closure? ❑ ❑ ED 32. Will the project reduce available parking? ❑ ® ❑ 33. Will the project construction encroach on state or federal lands? ❑ ❑ ED 34. Will the project convert any farmland to a different use or impact any farmlands? ❑ ❑ Caltrans Cultural Resources Approval ❑ Discussion in ED Only 35. Is there National Register listed, or potentially eligible historic properties, or ❑[-0 ❑ ❑ archaeological resources within or immediately adjacent to the construction area? Noise (Note: Caltrans PQS answers question #35) Check as applicable: 36. Is the project adjacent to, or would it encroach on Tribal land? ❑ ❑ ED For Sections B, C, and D, check appropriate box to indicate required technical studies, coordination, permits, or approvals. B. Required Technical Studies and Analyses C. Coordination D. Anticipated Actions/Permits/Approvals ❑ Traffic Check one. ❑ Traffic Study ❑ Caltrans _ ❑ Approval ❑ Technical Memorandum ❑ Caltrans ❑ Approval ❑ Discussion in ED Only ❑ Caltrans ❑ Approval ® Noise Check as applicable: ❑ Traffic Related ® Construction Related Check one: ❑ Noise Study Report ❑ Caltrans ❑ Approval ❑ NADR ❑ Caltrans ❑ AI'I'�'"�' �i ❑ Technical Memorandum ❑ Caltrans ❑ Approval ® Discussion in ED Only. ® Caltrans ® Approval ® Air Quality Check as applicable: ❑ Traffic Related ® Construction Related Check one: ❑ Air Quality Report ❑ Caltrans ❑ Approval ❑ Technical Memorandum ❑ Caltrans ❑ Approval ® Discussion in ED Only ® Caltrans ® Approval ❑ FHWA ❑ Conformity Finding (6005 CEs, EAs, EISs) ❑ Caltrans ❑ Conformity Finding (6004 CEs) ❑ Regional Agency ❑ PMIO/PM2.5 Interagency Consultation D U D E K 6-4 January 2017 C3� Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form B. Required Technical Studies C. Coordination D. Anticipated and Analyses Actions/Permits/Approvals ® Hazardous Materials/ Hazardous Waste Check as applicable: ® Initial Site Assessment ® Caltrans ® Approval (Phase 1) ❑ Preliminary Site Assessment ❑ Caltrans ❑ Approval (Phase 2) ❑ Discussion in ED Only ❑ Caltrans ❑ Approval ❑ Cal EPA DTSC ❑ Review Database ❑ Local Agency ❑ Review Database ❑ Water Quality/Resources Check as applicable. ❑ Water Quality Assess. RCi1011 ❑ Caltrans ❑ Approval ❑ Technical Memorandum ❑ Caltrans ❑ Approval ❑ Discussion in ED Only ❑ Caltrans ❑ Approval ❑ Sole -Source Aquifer (Districts 6, 6 and 11) ❑ EPA (S.F. Regional Office) ❑ Approval of Analysis in ED ® Coastal Zone ® CCC ® Coastal Zone Consistency Determination B. Required Technical Studies C. Coordination D. Anticipated and Analyses Actions/Permits/Approvals ❑ Floodplain Check as applicable. ❑ Location Hydraulic Study ❑ Caltrans ❑ Approval ❑ Floodplain Evaluation Report ❑ Caltrans ❑ Approval ❑ Summary Floodplain ❑ Caltrans ❑ Approval Encroachment Report ❑ Caltrans ❑ Only Practicable Alternative Finding ❑ FHWA ❑ Approves significant encroachments and concurs in Only Practicable Alternative Findings ❑ Wild and Scenic Rivers ❑ River Managing Agency ❑ Wild and Scenic Rivers Determination ® Biological Resources Check as applicable. ® NES, Minimal Impact ® Caltrans ® Approval ❑ NES ® BA ® Caltrans ® Approves for Consultation ❑ USFWS ® Section 7 Informal/Formal Consultation ❑ NOAA Fisheries ❑ EFH Evaluation ❑ NOAA Fisheries ❑ MSA Consultation ❑ Bio -Acoustic Evaluation ❑ NOAA Fisheries ❑ Approval ❑ Technical Memorandum ❑ Caltrans ❑ Approval D U D E K 6-5 January 2017 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form B. Required Technical Studies and Analyses C. Coordination D. Anticipated Actions/Permits/Approvals ® Wetlands Check as applicable: ® WD and Assessment ® Caltrans ® Approval ❑ ACOE ❑ Wetland Verification ❑ NRCS ❑ Agricultural Wetland Verification ❑ Caltrans ❑ Wetlands Only Practicable Alternative Finding ❑ Invasive Plants ❑ Discussion in ED Only ❑ Caltrans ❑ Approval ® Section 4(f) Check as applicable: ❑ Caltrans ❑ Determine Temporary Occupancy ® De minimis ® Caltrans ® De minimis finding ❑ Programmatic 4(f) ❑ Caltrans ❑ Approval Evaluation Type: ❑ Individual 4(f) Evaluation ❑ Caltrans ❑ Approval ❑ Agency with Jurisdiction ❑ SHPO ❑ DOI ❑ HUD ❑ USDA B. Required Technical Studies and Analyses C. Coordination D. Anticipated Actions/Permits/Approvals ❑ Section 6(f) ❑ Agency with Jurisdiction ❑ NPS ❑ Determines Consistency with Long -Term Management Plan ❑ NPS ❑ Approves Conversion ® Visual Resources Check one: ❑ Visual Impact Assessment ❑ Caltrans ❑ Approval ® Technical Memorandum ® Caltrans ® Approval ❑ Discussion in ED Only ❑ Caltrans ❑ Approval ❑ Relocation Impacts ne.❑ Check one.- ElRelocation Impact Memo ❑ Caltrans ❑ Approval ❑ Relocation Impact Study ❑ Caltrans ❑ Approval ❑ Relocation Impact Report ❑ Caltrans ❑ Approval ❑ Land Use and DUDEK 6-6 January 2017 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form B. Required Technical Studies C. Coordination D. Anticipated and Analyses Actions/Permits/Approvals Community Impacts Check one: ❑ CIA ❑ Caltrans ❑ Approval ❑ Technical Memorandum ❑ Caltrans ❑ Approval ❑ Discussion in ED Only ❑ Caltrans ❑ Approval ❑ Construction/ Encroachment on State Lands Check as applicable: ❑ SLC Jurisdiction ❑ SLC ❑ SLC Lease ❑ Caltrans Jurisdiction ❑ Caltrans ❑ Encroachment Permit ❑ SP Jurisdiction ❑ SP ❑ Encroachment Permit ❑ Construction/ Encroachment on Federal Lands ❑ Federal Agency with ❑ Encroachment Permit Jurisdiction ❑ Construction/ ❑ Bureau of Indian Affairs ❑ Right of Way Permit Encroachment On Indian Trust Lands ❑ Farmlands Check one. ❑ CIA ❑ Caltrans ❑ Approval ❑ Technical Memorandum ❑ Caltrans ❑ Approval ❑ Discussion in ED Only ❑ Caltrans ❑ Approval Check as applicable: ❑ Form AD 1006 ❑ NRCS ❑ Approves Conversion ❑ CDOC ❑ Approves Conversion ❑ Conversion to Non -Agri Use ❑ ACOE B. Required Technical C. Coordination D. Anticipated Actions/ Permits/ Studies and Analyses Approvals ® Cultural Resources (PQS completes this section) Check as app icable: ❑ Caltrans PQS ❑ Screened Undertaking ® APE % p ® Caltrans PQS and DLAE ® Approves APE Map ❑ Local Preservation Groups ❑ Provides Comments Regarding Concerns and/or Native American Tribes with Project ® HPSR ® Caltrans ® Approves for Consultation ® ASR ❑ HRER ❑ Finding of Effect Report ❑ Caltrans ❑ Concurs on No Effect, No Adverse Effect with Standard Conditions DUDEK 6-7 January 2017 ED) Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form B. Required Technical Studies C. CoordinationD. Anticipated I and Analyses Actions/Permits/Approvals DUDEK 6-8 January 2017 �I ❑ SHPO ❑ Letter of Concurrence on Eligibility, No Adverse Effect without Standard Conditions, Adverse Effect ❑ MOA ❑ Caltrans ❑ Approves MOA ❑ SHPO ❑ Approves MOA ❑ ACHP (if requested) ❑ Approves MOA ® Permits Copies of permits and a list of ❑ ACOE ❑ Section 404 Nationwide Permit mitigation commitments are ❑ ACOE ❑ Section 404 Individual Permit mandatory submittals following ❑ Caltrans/ACOE/EPA ❑ NEPA/404 Integration MOU NEPA approval. ® USFWS ❑ NOAA Fisheries ❑ ACOE ❑ Rivers and Harbors Act Section 10 Permit ❑ USCG ❑ USCG Bridge Permit ❑ RWQCB ❑ Section 401 Water Quality Certification ❑ CDFG ❑ Section 1602 Streambed Alteration Agreement ❑ RWQCB ❑ NPDES Permit ® CCC ® Coastal Zone Permit ❑ Local Agency ❑ BCDC ❑ BCDC Permit Notes: Additional studies may be required for other federal agencies. ACHP = Advisory Council on Historic Preservation HRER = Historical Resources Evaluation Report ACOE = U.S. Army Corps of Engineers HUD = U.S. Housing and Urban Development ADL = Aerially Deposited Lead MOA = Memorandum of Agreement APE = Area of Potential Effect MSA = Magnuson -Stevens Fishery Conservation and APN = Assessor Parcel Number Management Act ASR = Archaeological Survey Report NEPA = National Environmental Policy Act BA = Biological Assessment NADR = Noise Abatement Decision Report BCDC = Bay Conservation and NES = Natural Environment Study Development Commission NHPA = National Historic Preservation Act BE = Biological Evaluation NOAA = National Oceanic and Atmospheric BO = Biological Opinion Administration Cal EPA = California Environmental Protection Agency NMFS National Marine Fisheries Service CCC = California Coastal Commission NPDES = National Pollutant Discharge Elimination System CDFG = California Department of Fish and Game NPS = National Park Service CDOC = California Department of Conservation NRCS = Natural Resources Conservation Service CE = Categorical Exclusion PM" = Particulate Matter 10 Microns in Diameter or Less CIA = Community Impact Assessment PM2.5 = Particulate Matter 2.5 Microns in Diameter or Less CWA = Clean Water Act PMP = Project Management Plan DLAE = District Local Assistance Engineer PQS = Professionally Qualified Staff DOI = U.S. Department of Interior ROD = Record of Decision DTSC = Department of Toxic Substances Control RTIP = Regional Transportation Improvement Program EA = Environmental Assessment RTP = Regional Transportation Plan ED = Environmental Document RWQCB = Regional Water Quality Control Board EFH = Essential Fish Habitat SER = Standard Environmental Reference EIS = Environmental Impact Statement SEP = Senior Environmental Planner EPA = U.S. Environmental Protection Agency SHPO = State Historic Preservation Officer DUDEK 6-8 January 2017 �I Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form B. Required Technical StudiesI C. Coordination and Analyses FEMA = Federal Emergency Management Agency FHWA = Federal Highway Administration FONSI = Finding of No Significant Impacted FTIP = Federal Transportation Improvement Program HPSR = Historic Property Survey Report DUDF" 6-9 January 2017 40 D. Anticipated Actions/Permits/Approvals SLC = State Lands Commission SP = State Parks TIP = Transportation Improvement Program USCG = U.S. Coast Guard USDA = U.S. Department of Agriculture USFWS = U.S. Fish and Wildlife Service WD = Wetland Delineation January 2017 40 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form E. Preliminary Environmental Document Classification (NEPA) Based on the evaluation of the project, the environmental document to be developed should be: Check one: ❑ Environmental Impact Statement (Note: Engagement with participating agencies in accordance with SAFETEA-L U Section 6002 required) ❑ Compliance with SAFETEA-LU Section 6002 regarding Participating Agencies required ❑ Complex Environmental Assessment ❑ Routine Environmental Assessment ❑ Categorical Exclusion without required technical studies. ® Categorical Exclusion with required technical studies (if Categorical Exclusion is selected, check one of the following): ❑ Section 6004 ® 23 CFR 771 activity (c)(3) ❑ 23 CFR 771 activity (d) () ❑ Activity listed in the Section 6004 MOU ❑ Section 6005 F. Public Availability and Public Hearing Check as applicable: ® Not Required ❑ Notice of Availability of Environmental Document ❑ Public Meeting ❑ Notice of Opportunity for a Public Hearing ❑ Public Hearing Required G. Signatures Local Agency Staff and/or Consultant Signature F � 10/18/2016 (Signature ofPreparer) (Date) Caitlin Munson DUDEK 6-10 949-373-8324 (Telephone No.) January 2017 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form Local Agency Project Engineer Signature This document was prepared under my supervision, in accordance with the Local Assistance Procedures Manual, Exhibit 6-B, "Instructions for Completing the Preliminary Environmental Study Form." (Sig nanere of local Agenq?) (Date) (Telephone No) Caltrans District Professionally Qualified Staff (PQS) Signature ❑ Project does not meet definition of an "undertaking'; no further review is necessary under Section 106 ("No" Section A, #35). ❑ Project is limited to the type of activity listed in Attachment 2 of the Section 106 PA and based on the information provided in the PES Form, the project does not have the potential to affect historic properties ("No" Section A, 035). ❑ Project is limited to the type of activity listed in Attachment 2 of the Section 106 PA, but the following additional procedures or information is needed to determine the potential for effect ("To Be Determined" Section A, #35): ❑ Records Search ❑ _ ❑ ❑ ❑ Project meets the definition of an "undertaking'; all properties in the project area are exempt from evaluation per Attachment 4 of the Section 106 PA ("No" Section A, #35). ❑ The proposed undertaking is considered to have the potential to affect historic properties; further studies for 106 compliance are indicated in Sections B, C, and D of this PES Form ("Yes" Section A, #35). (Signature afPrtljesstonally Qual�ed Staff (Date) ('/Telephone No.) DUDEK 6-11 October 2016 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study (PES) Form The following signatures are required for all CEs, routine and complex EAs, and EISs: Caltrans District Senior Environmental Planner (or Designee) and DLAE Signatures I have reviewed this Preliminary Environmental Study (PES) Form and determined that the submittal is complete and sufficient. I concur with the studies to be performed and the recommended NEPA Class of Action. (Signature of Senior Environmental Planner or Designee) (Name) (Signature of District Local Assistance Engineer or Designee) (Name) (Date) (Telephone No.) (Date) (Telephone No.) ❑ HQ DEA Environmental Coordinator concurrence E-mail concurrence attached. (date) Distribution: 1) Original - DLAE, 2) Local Agency Project Manager, 3) DLA Environmental Coordinator 4) Senior Environmental Planner (or designee), 5) District PQS DUDEK 6-12 Updated: January2017 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form 1 DETAILED PROJECT DESCRIPTION 1.1 Purpose and Need Need West 19th Street is located within the Westside area of the City of Costa Mesa (City), a predominately residential area of the City. Along the Greenville -Banning Channel, adjacent to the east levee of the nearby Santa Ana River and to Talbert Regional Park, is a local, City - maintained, multipurpose bicycle/pedestrian trail traveling north—south. This local Greenville - Banning trail connects to the County of Orange—maintained Santa Ana River Multipurpose Trail near Fairview Park. Within 2 miles of this location, people traveling the Santa Ana River Multipurpose Trail can reach Pacific Coast Highway and recreational opportunities at the Pacific Ocean to the south or large areas of employment such as the Harbor Business Center to the north. Currently, there are no bicycle connections through Talbert Regional Park connecting the Santa Ana River Multipurpose Trail to West 19th Street. The nearest bicycle connection to the river trail is a heavily traveled, high-speed, multilane highway located off of Victoria Street to the north. Purpose The main purpose of this proposed West 19th Street Multipurpose/Bicycle Trail Project (project) is to fill a transportation gap for Westside residents by connecting local City bike lanes to the local Santa Ana River Multipurpose Trail, and thereby, connecting to the regional Santa Ana River Multipurpose Trail, reducing travel time for bicyclists. Additionally, that portion of the Trail through Talbert Regional Park would be of sufficient width to provide a direct paved pedestrian access connecting the residential area and sidewalks east of the Park to the multipurpose trail along the Santa Ana River as an alternative to the existing natural meandering trails within the Park. 1.2 Project Location and Limits, and Proposed Facilities The project area is located primarily within Talbert Regional Park and Canyon Park, in the Cities of Costa Mesa, Newport Beach, and Huntington Beach, California (Figures 1, 2, and 3). The project area extends into residential neighborhoods adjacent to Canyon Park in the Cities of Costa Mesa and Newport Beach. The project includes the development of final design plans for the installation of the new bicycle facilities along West 19th Street and within Talbert Regional Park (Figures 1, 2, and 3). The portion of the proposed project within Talbert Regional Park would construct a new paved 9786 D U D E K 1 January 2017 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form multipurpose trail approximately 2,900 feet long connecting the Greenville -Banning trail with West 19th Street at Balboa Boulevard. This portion, Segment 1, was originally envisioned to run generally due east -west along the alignment of an existing Southern California Edison (SCE) utility easement and natural trail within Talbert Regional Park. The project would continue on West 19th Street from Balboa Boulevard to Whittier Avenue as a separated Class I bike trail, Segment 2a, within the existing right-of-way of West 19th Street. East of Whittier Avenue, the proposed trail would transition to a striped and signed on -road Class III bike lane/route, Segment 2b, to Placentia Avenue, for a length of 2,600 feet. The total proposed length of the project is approximately 6,900 feet with 4,250 feet of Class I/Multipurpose trail and 2,650 feet of Class II/lI1 bike lanes. See Appendix A for the engineering drawings. During the Preliminary Design phase, a variety of conceptual trail alignments through Talbert Regional Park were examined. In order to avoid environmentally sensitive wetlands near the terminus of West 19th Street, the east -west trail alignment extending straight westerly from the West 19th Street/Balboa Boulevard intersection incorporating a bridge over existing wetlands was deleted from further consideration in lieu of an alternative trail which proceeds northerly of the intersection along Balboa Boulevard before making a `U-turn' and following an existing dirt trail within the Park around the wetlands area and connecting with the existing Edison easement trail along the southern Park boundary. The intent of the engineering for the preliminary alignment is to meet Caltrans' bicycle trail design standards as much as possible. Exceptions may be made to avoid certain environmental impacts. Alternative bicycle trail alignments for the portion of the project between Balboa Boulevard and Placentia Avenue have also been examined during the Preliminary Design phase. The preferred alignment currently consists of a Class III on -road, shared bike route between the end of the Class I/Multipurpose trail and Placentia Avenue. Public meetings would be held to discuss the preferred alignment and the various alignment alternatives considered and request public input before beginning the Final Design phase. 1.3 Construction Activities The City's proposed West 19th Street Multipurpose/Bicycle Trail Project would construct a multipurpose trail through Talbert Regional Park connecting the existing City maintained local multipurpose trail along the east levee of the Santa Ana River to West 19th Street and construct on -road Class II bike lanes on 19th Street connecting the new trail to existing bike lanes on Placentia Avenue within the City. The City plans to construct a 10 -foot -wide asphalt concrete paved trail generally along the alignment of an existing utility easement and natural trails with a total length of approximately 2,760 feet within the park. The project would continue the separated trail as a Class I bike trail for 860 feet along 19th Street between the Park and Whittier 9786 D U D E K 2 January 2017 D4 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form Avenue. At Whittier Avenue, the proposed trail would transition to a striped and signed on -road Class II bike lane on both sides of 19th Street to Placentia Avenue, a length of 2,600 feet. The total proposed length of project is 6,220 feet with 3,620 feet of Class I/Multipurpose trail and 2,600 feet of Class 11 bike trail. The proposed West 19th Street Multipurpose/Bicycle Trail Project construction would take place over an approximate 5 -month period, consisting of approximately 100 working days. The number of construction personnel would be an average of 8 workers per day. The likely list of construction equipment that would be used for the West 19th Street Multipurpose/Bicycle Trail Project consist of. a backhoe, an excavator, dump trucks, a roller compactor, pickup trucks, concrete mixer delivery trucks, a concrete saw, a traffic striping painter, a concrete pumper, and a traffic striping grinder. Additionally, traffic control along West 19th Street would consist of partial to half street lane closures with traffic allowed throughout the duration of the construction. No detours along West 19th Street are anticipated to occur during construction of the proposed project. 9786 D U D E K 3 January 2017 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form INTENTIONALLY LEFT BLANK 9786 D U D E K 4 January 2017 �i West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form 2 EXPLANATIONS TO PES QUESTIONS 1. No future construction would be necessary to fully utilize the design capabilities included in the West 19th Street Multipurpose/Bicycle Trail Project. 2. The West 19th Street Multipurpose/Bicycle Trail Project is not anticipated to result in substantial public controversy based on potential environmental effects. The project would improve bicycle and pedestrian circulation and access to the surrounding areas and trails, and would result in minimal environmental impacts during both the construction and operational phase. 3. The proposed project is a multipurpose trail project, which does not include any physical changes to an existing highway. As such, it is not considered a Type I project as defined by 23 CFR 772.5 (h). 4. There are noise sensitive residential areas and noise sensitive birds, adjacent to the project site. The anticipated construction noise levels in each city would be above the thresholds for exterior noise in or near residential development. However, all construction operations would be temporary, and conform to the cities' respective noise ordinances limiting the hours of construction (OCSD 2014). Noise that extends beyond the identified construction area has the potential to indirectly impact remaining or adjacent biological resources including noise sensitive birds. Short- term indirect impacts could include noise generated by construction equipment or infrequent future maintenance, during the breeding season. Additionally, one observed territory of special status wildlife within Talbert Regional Park, the least Bell's vireo, would be temporarily impacted during construction (OCSD 2014). Noise related to construction activities has the potential to disrupt reproductive and feeding activities. The biology report to be prepared will address potential impacts to noise -sensitive species. 5. The proposed project is located in the South Coast Air Basin, which is designated as a non -attainment area for ozone (03) and particulate matter with an aerodynamic diameter equal to or less than 2.5 microns (PM2.5) under the National Ambient Air Quality Standards (NAAQS). 6. The proposed project is exempt from the requirement of determining conformity of federal actions to state or federal implementation plans since the proposed project involves the construction of a bike trail, which is captured in the "bicycle and pedestrian facilities" exempt project type, as listed in 40 CFR 93.126, Table 2. 7. To be determined. 8. To be determined. DUDEK 5 9786 January 2017 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form 9. Oil, gas, or related wells are identified in the immediate vicinity of the proposed project site in the EDR report (OCSD 2014). Additionally, according to the Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) records, there are five wells located within 100 feet of the subject property. These wells are described as inactive and plugged. Since five wells are located within 100 feet of the subject property, drilling activities during the installation of these wells may have impacted the subject property. Based on proximity to the wells, stained soil and miscellaneous oil field debris may be encountered during subsurface activities in the vicinity of the wells. As such, there is a potential for encountering hazardous materials in the subsurface, during short-term construction of the West 19th Street Multipurpose/Bicycle Trail Project (OCSD 2014). Standard precautionary measures will be undertaken to monitor during construction. 10. During construction activities, there would be a potential for short-term erosion and discharge of pollutants into surface water bodies, especially during inclement weather. Indirect impacts to water quality could occur as a result of potential erosion and sediment transport. Per standard City construction practices a Stormwater Pollution Prevention Plan (SWPPP) is required, which shall identify best management practices to ensure the construction and operation of the improved roadway segment would not adversely affect water quality or potentially effect water resources. 11. According to U.S. EPA Region 9 Water Program data, there are no sole source aquifers in Orange County (EPA 2016). Therefore, the project is not within a sole -source aquifer and would have no effect on such resources. 12. The project location is within the State Coastal Zone boundary located in Orange County, based on the digital State Coastal Zone map provided by the California Coastal Commission (CCC 2016). The State Coastal Zone Map is attached to the PES, as Appendix B. 13. According to the Federal Emergency Management Agency Flood Insurance Rate Map, the project site is not located within the 100 -year flood hazard area (FEMA 2009; Appendix C, FEMA Flood Insurance Rate Map). 14. No Wild and Scenic Rivers, as identified by the National Wild and Scenic River System, are located in the vicinity of the project (USFW 2015). 15. There is a potential for federally listed, threatened, and endangered species to occur adjacent to the construction area (Dudek 2016). However, U.S. Fish and Wildlife Service -designated critical habitat and/or essential fish habitat occur within the construction area. Potential permanent and temporary impacts would occur to one special -status plant species present within the proposed project area: southern tarplant 9786 D U D E K 6 January 2017 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form (Centromadia parryi ssp. australis). Additionally, coastal California gnatcatcher (Polioptila californica californica), least Bell's vireo (Vireo bellii pusillus), and the following 11 special -status wildlife species were observed in the study area during the wildlife surveys: Cooper's hawk (Accipiter cooperd), osprey (Pandion haliaetus), yellow -breasted chat (Icteria vixens), yellow warbler (Setophaga petechia), Allen's hummingbird (Selasphorus Basin), Nuttall's woodpecker (Picoides nuttallii), white- tailed kite (Elanus leucurus), California least tern (Sternula antillarum browni), black skimmer (Rynchops niger), double -crested cormorant (Phalacrocorax auritus), and the California brown pelican (Pelecanus occidentalis californicus) (Dudek 2016). The biology study will address potential impacts and any necessary mitigation measures. 16. The study area supports suitable habitat for migratory bird species. The federally and state endangered least Bell's vireo has been detected within the study area and continues to have the potential to nest along the proposed multipurpose trail alignment. Construction of the multipurpose trail may result in direct impacts to occupied least Bell's vireo habitat. However, nesting migratory birds are protected under the Migratory Bird Treaty Act and California Fish and Game Code, Section 3500, and compliance with these regulations is required. The biology study will address potential impacts and any necessary mitigation measures. 17. The proposed project area supports jurisdictional wetlands and waters of the United States within the project study area (Dudek 2016). The proposed project area supports several jurisdictional features, including riparian habitat within Talbert Regional Park and the adjacent Santa Ana River. Project -related activities are not expected to directly impact the Santa Ana River. However, the proposed project would result in a minimal amount of direct permanent and temporary impacts to jurisdictional wetlands and waters. The biology study will address proposed impacts and any necessary mitigation measures. 18. Wetlands identified for agricultural uses are not present within the construction area, and thus, agricultural wetlands would not be affected by the proposed project. 19. Ground disturbance resulting from maintenance activities often promotes invasion from invasive weedy annual and perennial vegetation that can outcompete native species. However, these disturbances would not result in significant impacts with implementation of the proposed project design features and standard best management practices (which include weed abatement measures) during construction. 20. The proposed multipurpose trail would run through the publicly owned Talbert Regional Park. Therefore, there is a publicly owned park within the construction area. 8 D U D E K 7 January 2017 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form 21. No Section 6(f) Land and Water Conservation Fund Act funds were involved in the acquisition or improvement of any properties in the vicinity of the project. 22. The West 19th Street Multipurpose/Bicycle Trail Project is near scenic vistas designated by local jurisdictions; therefore, views of construction activities associated with the proposed project may be available from designated stationary and mobile scenic vistas. Additionally, scenic vistas in the vicinity of Talbert Regional Park, as well as the general visibility of the park from the designated vistas, have the potential to be temporarily affected during construction activities (OCSD 2014). However, the project would involve construction and use of a trail in an area where informal trails already exist, and thus impacts are not anticipated to be adverse. According to the results of the Questionnaire to Determine Visual Impact Assessment (VIA) Level prepared for this project (Appendix D), the project received a score of 13, and therefore the project is anticipated to have negligible visual changes to the environment. Therefore, a Technical Memorandum will be prepared to assess visual impacts. 23. The West 19th Street Multipurpose/Bicycle Trail Project would not require the relocation of residential or business properties. The project site would run through West 19th Street and Talbert Regional Park. However, the residential properties near the project site would not need to be relocated as a result of the project, as all construction would take place within the project alignment. 24. The West 19th Street Multipurpose/Bicycle Trail Project would not require any right of ways or partial/full takes. 25. The City of Costa Mesa General Plan Zoning Map designates the proposed project site for Institutional and Recreational (I&R; City of Costa Mesa 2015), and the proposed project would be recreational and for public use. Therefore the proposed project is consistent with plans and goals adopted by the community. 26. The West 19th Street Multipurpose/Bicycle Trail Project would not permanently divide or disrupt any neighborhoods or communities, as the project would create a publicly accessible multipurpose trail in an undeveloped portion of Talbert Regional Park, and along West 19th Street to Placentia Avenue. 27. The West 19th Street Multipurpose/Bicycle Trail Project would benefit the community as a whole by improving circulation and access to the surrounding land uses. The project consists of a publicly accessible multipurpose trail that would be used equally by the community, and therefore, would not disproportionately affect low-income and minority populations. 9786 D U D E K 8 January 2017 r_ West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form 28. There are several public utilities located along West 19th Street, such as fire hydrants and electrical boxes. However, the project would take place within the existing roadways and Talbert Regional Park, and thus, no public utilities would need to be relocated as part of the proposed project. 29. The West 19th Street Multipurpose/Bicycle Trail Project would consist of partial to half street lane closures with traffic allowed throughout the duration of the construction. No detours along West 19th Street are anticipated to occur during construction of the proposed project. The proposed project will ensure access is available to residences and businesses throughout the duration of construction activities. 30. The West 19th Street Multipurpose/Bicycle Trail Project would not result in a new connection to mainline freeway lanes; addition of entrance or exit ramps that complete basic existing interchange; major reconstruction where existing interchanges are being modified and/or dislocated ramps are being added or deleted; or removal of existing connection points. Therefore, the proposed roadway improvement would not result in changes in access control to the State Highway System. 31. The West 19th Street Multipurpose/Bicycle Trail Project would not involve the use of a temporary road during construction of the proposed project. 32. The precise amount of parking loss is still to be determined; however, it is known that some informal parking spaces would be lost along West 19th Street during construction of the Bike Path project. The extent of any temporary or permanent reduction in available parking at adjacent residences would be determined when the project design is complete. 33. The entirety of the project would take place on West 19th Street and through Talbert Regional Park, which are owned by the Cities of Costa Mesa/Newport Beach and Orange County, respectively. Therefore, the project construction would not encroach on any state or federal lands. 34. According to the Department of Conservation Farmland Mapping and Monitoring Program, there is no designated or existing farmland in the vicinity of the project (CDC 2016). According to the City of Costa Mesa General Plan, the project alignment is designated as Public/Institutional and low-density residential. Therefore, the project would not convert any farmland to a different use or impact any farmlands. 35. Caltrans PQS to answer this Question. The SCCIC records search conducted as part of the OCSD EIR indicated that a total of 35 previous cultural resources surveys have been performed and three archaeological sites have been identified within one-half mile of the project area (CA -ORA -839, CA - 9786 D U D E K 9 January 2017 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form ORA -845, and CA -ORA -906). However, no prehistoric archaeological sites are recorded within the APE. Since none of the sites are located within the APE, none of them would be directly impacted as a result of the proposed project. Additionally, there are no known historical resources within the APE. According to the County of Orange General Plan, Figure VI -9 (County of Orange 2005), the project area is not designated as a general area of sensitivity for paleontological resources. Additionally, the APE is underlain by fills and by younger alluvium, which is not conducive for bearing fossils. 36. There are no tribal lands adjacent to the project alignment (OCSD 2014). However, as part of the Archaeological Survey Report prepared for the OCSD EIR project, a search of the Native American Heritage Commission (NAHC) Sacred Land File was conducted to determine the location of any sacred and/or burial sites that could be affected by the proposed undertaking. The report concluded that no known Native American heritage resources are located within the project area. DUDEK 10 9786 January 2017 C5 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form 3 REFERENCES CCC (California Coastal Commission). 2016. "CCC State Coastal Boundary Zone Map [map]." Accessed August 2016. https://databasin.org/maps/new4datasets=ece6ae2dO26b43959c fal I cceb2c07ac. CDC (California Department of Conservation). 2016. "Orange County Important Farmland 2014 [map]." July 2016. Accessed August 2016. ftp://ftp.consrv.ca.gov/pub/dlrp/ FMMP/pdf/2014/ora 14.pdf. City of Costa Mesa. 2015. "Costa Mesa General Plan Zoning Map [map]." Updated June 8, 2015. Accessed August 2016. http://www.costamesaca.gov/modules/ showdocument.aspx?documentid=7259. County of Orange. 2005. "Figure VI -9: Paleontology General Areas of Sensitivity [map]." In County of Orange General Plan. Accessed August 2016. http://ocplanning.net/civicax/ filebank/blobdload.aspx?blobid=8621. Dudek. 2016. "Biological Resources Letter Report for the 19th Street Bicycle Facility Project, City of Costa Mesa, California." Draft. Letter report from R. Henry (Dudek) to R. Sethuraman (City of Costa Mesa). August 19, 2016. EPA (U.S. Environmental Protection Agency). 2016. "Ground Water: Sole Source Aquifer." Updated February 2016. Accessed August 2016. https://www3.epa.gov/region9/ water/groundwater/ssa.html. FEMA (Federal Emergency Management Agency). 2009. "Flood Insurance Rate Map (06059CO264J) [map]". December 2009. http://mse.fema.gov/portal. OCSD (Orange Coast Sanitation District). 2014. Final Environmental Impact Report: Southwest Costa Mesa Trunk Sewer Project No. 06-19. Prepared June 2014. Accessed August 2016. http://www.ocsd.com/opengov/eir-documents/-folder-653. USFW (United States Fish and Wildlife). 2015. River Mileage Classification for Components of the National Wild and Scenic Rivers System. January 2015. Accessed August 2016. https://www.rivers.gov/documents/rivers-table.pdf. DUDEK 11 9786 January 2017 West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form DUDEK INTENTIONALLY LEFT BLANK 12 9786 October 2076 Z�P West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form INTENTIONALLY LEFT BLANK 9786 D U D E K 14 October 2016 �' -. + • Of . '• . -~� +iQ 7 – Fit Sra . Res FAIRVIEW STATE HOSPITAi fW fi o r Project Site SEPr11 .rj all ii E�7M hR Urs i ...- •0 i� it 4 r + v.r. :tea ■�• rr WT `Y R *} moi' —• •� Qs„ i�01 Je4.1* 4"111 Ifine .1.11 .14 16 or �- � f � •`� •. � '�� tet' I r r iC a 1.oao 2,U� O Proposed Multipurpose Trail Alignment SOURCE: USGS 7.5 -Minute Series Newport Beach Quadrangle FIGURE 2 Township 6S; Range 10W; Secgon 20; KOA Corporatbn (2016) Vicinity Map West 19th Street Multipurpose/Bicycle Trail Project T�F� West 19th Street Multipurpose/Bicycle Trail Project Attachment to PES Form INTENTIONALLY LEFT BLANK 9786 D U D E K 16 October 2016 4 - _ -an► � F„ a , 2 e 4 tl 133145 33S �^ 15 Hl6l ND o0*sol YIS /15 Nl6l ,o H1DO3 SD1iS Y35 3161 H]LMn 11 W IL 16 u 19 W Z d tf W V' f m --1 1 --.—^+ 71 iq 212 � I f I 15 1 1 1 _ I r J 'r •1 �I � Ir .4 71 '•' 11417 �� s ����}- i • la �� 1 � E ,•l+. 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This letter identifies various out of scope tasks associated with this project, resulting from the California Department of Transportation's (Caltrans) review of the Preliminary Environmental Study (PES). Caltrans has requested that as part of the NEPA process, we prepare technical studies and analyses not previously assumed in Dudek's original scope of work. Additionally, this CAA provides additional tasks related to Coastal Development Permitting as well as jurisdictional Wetlands/Waters Permitting tasks. This letter is an update to the November 29, 2016 CAA request. TASK I: PREPARE CEQA MITIGATED NEGATIVE DECLARATION Originally, a CEQA Addendum was assumed to be the appropriate level of CEQA documentation for the project. Based on recent discussions, the City asked Dudek to prepare a Mitigated Negative Declaration (MND) instead of an Addendum. Task I a. Preparation of Screerncheck and Draft. MNDs Dudek will prepare the MND in conformance with the criteria, standards, and provisions of CEQA including CEQA Guidelines, Section 15063 (Public Resources Code 21080), Dudek will provide the City with a Draft and Final MND, including reasons supporting each checklist answer, as well as applicable references and exhibits as necessary. The MND will include explanations of environmental responses, a project description, and an environmental evaluation. The MND will identify potential impacts from both construction and operation of the project, including all impacts that could potentially be considered significant. Dudek will identify all feasible measures to avoid or reduce potentially significant effects to a less than significant level. The MND will contain text and graphics fully describing the proposed project, based on the site plans provided by KOA. Information from all technical studies prepared for the project will be incorporated into the Draft MND in order to fully describe and provide evaluation of the environmental impact areas. During document preparation, the project description will be detailed in the MND. The MND will address those impacts that could potentially be considered significant without mitigation. We assume we would focus on biology in the document, with lesser write-ups on the remaining CEQA topics. OtJO E K C 0 M 9 Mr. Raja Sethuramon Subject: Contract Amendment Authorization Request for the West 19th Street Multipurpose/Bicycle Trail Project Dudek will prepare up to two screencheck drafts of the MND for review by City staff. Dudek will circulate the document for the mandatory 30 -day public review period. Dudek will also prepare the Notice of Completion and Notice of Availability, which will accompany the public review documents. We assume that up to five (5) hardcopies of all screencheck versions of the MND will be provided. This budget also includes coordination involved with the realignment of the trail in October and November 2016 and associated revisions to the MND. Task I b. Preparation of Final MND and Related Tasks Once the 30 -day public comment period on the Draft MND is completed, Dudek will review all public comments, provide response to comments, and prepare revisions to the Draft MND text, if necessary. For purposes of cost estimation in this proposal, it is assumed that Dudek will respond to up to twenty-five (25) public comments from all letters (note that a single letter may contain multiple comments) received on the Draft MND, since the project is not considered controversial. Dudek assumes that the comments received related to any technical items prepared by other team members will be addressed by the appropriate individual and provided to Dudek for incorporation into the Final MND document. The final Mitigation Monitoring and Reporting Program (MMRP) will be developed at the Final MND stage, and will include monitoring team qualifications, specific monitoring activities, a reporting system, and criteria for evaluating the success of the mitigation measures. Mitigation measures contained in the MND will be developed in consideration of future monitoring requirements and will be written in sufficient detail to address impacts of all phases of project development, referencing the appropriate implementing permits such as grading permits, final maps, and landscape plans. The Final MND will include the comment letters, the final response to comments, a Final MND preface, and, if applicable, a discussion of edits made to the MND as a result of public review. Once City staff has provided comments, Dudek will incorporate them into the Final MND. Dudek will prepare one screencheck draft of the Final MND for review by the City. This task does not include fees for publication of notices in local newspapers or Notice of Determination filing fees.Cost estimate for this task: $20,455 Assumptions • All MND processing shall be completed by the City. Processing includes sending of notices and documents to public entities and citizens and handling all comment letters. The City shall also be responsible for all filing fees. • The City shall post the Notice of Intent and Notice of Determination at the County Clerk's office • Dudek will not be required to prepare or provide technical reports other than those specifically outlined in this proposal unless under a scope/cost amendment. Should additional technical reports be required at the request of the City, Dudek will provide a separate scope and cost at that time, DUDEK 2 December 2016 CT� Mr. Raja Sethuraman Subject: Contract Amendment Authorization Request for the West 19th Street Multipurpose/Bicycle Trail Project TASK 2: PREPARE AND PROCESS NEPA CATEGORICAL EXCLUSION In the original scope of work, Task 3, NEPA Compliance, set aside budget for a Categorical Exclusion and additional technical studies. This budget was used to prepare the Preliminary Environmental Study (PES) checklist pursuant to the instructions outlined in the Caltrans Local Assistance Procedures Manual, Exhibit 6- B, which was not included in the original scope of work. This additional budget would be used to prepare and process a Categorical Exclusion (CE) as well as to revise the PES checklist to incorporate the realignment of the trail, The CE would conform to requirements of the Caltrans Local Assistance Procedures Manual. A draft and final document would be prepared. Once the draft document is circulated and approved, the final document would be prepared for appropriate signatures. Cost estimate for this task: $7,020 TASK 3: INITIAL SITE ASSESSMENT (ISA) An Initial Site Assessment (ISA) checklist will be prepared to identify potential hazardous waste involvement within or adjacent to the site. The ISA checklist will be prepared in accordance with the California Department of Transportation (Caltrans) guidance. The ISA checklist will be prepared by or under the supervision of a Professional Engineer licensed in California. The ISA checklist will reference an ISA report, to be included as an attachment to the checklist. The ISA report will include a review of regulatory records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the site or contamination at other sites within the search radius. The database search radius will be in accordance with ASTM Standard E 1527-13. The ISA report will also include a review of appropriate regional regulatory agency files, a review of historical aerial photographs and topographic maps, a review of available Sanborn fire insurance maps and City Directory listings, and a site inspection. The findings of the investigation will be summarized in a Phase I ISA report and checklist. If the findings of the ISA report indicate a potential impact of hazardous wastes or materials on the subject property, the report will also contain recommendations for further work related to sampling, mitigation, and/or human health risk analyses. Dudek assumes that a Caltrans Hazardous Materials Disclosure Document form will not be required at this time. Cost estimate for this task: $13,995 TASK 4: BIOLOGICAL ASSESSMENT, NATURAL ENVIRONMENTAL STUDY FOR MINIMAL IMPACTS, AND WETLAND DELINEATION AND ASSESSMENT Task 4a. Biological Assessment The state- and federally -listed as endangered least Bell's vireo (Vireo bellii pusillus) was identified in riparian vegetation within the study area during focused surveys conducted in 2012. A pair of least Bell's vireo were documented in the central portion of the study area moving between the study area and into the property adjacent to the southern boundary of the project site. A total of 1.17 acres of occupied habitat for the DUDEiC 3 December 2016 Mr. Raja Sethuraman Subject: Contract Amendment Authorization Request for the West 19th Street Multipurpose/Bicycle Trail Project species occurs within the study area. Therefore, consultation with USFWS under Section 7 will be initiated by the City in cooperation with Caltrans for potential impacts to the least Bell's vireo. Dudek will facilitate the Section 7 consultation by preparing a Biological Assessment to determine the potential for the project to adversely affect the federally -listed species. The Biological Assessment will be prepared consistent with the Caltrans Standard Environmental Reference, Volume II for the preparation of a Biological Assessment and will include the following elements: 1) an introduction, including the purpose of the document and proposed action; 2) the project description; 3) a description of the action area, including delineating the geographic area that will be affected; 4) the species or critical habitat that may be present and the status and trend of the species; 5) an effects analysis; 6) a list of proposed avoidance, minimization, mitigation, Best Management Practices (BMPs), and Conservation Measures; 7) conclusions and determination of effects for each resource; 8) a discussion of consultation history; 9) the literature cited; and 10) a list of contacts made and preparers. For budgeting purposes, it is assumed the primary issues that need to be addressed in the Biological Assessment include potential adverse impacts to occupied habitat, and the avoidance, minimization, and mitigation measures proposed to reduce impacts to critical habitat. Task Assumption: • A cost estimate for revisions necessitated by the resource agencies (i.e., USFWS) is not included in this cost estimate. • This cost estimate includes two (2) rounds of revisions based upon review by Caltrans and the necessary coordination with Caltrans to finalize the document. ■ Dudek will provide up to five (5) hardcopies of the Biological Assessment for each round of Caltrans and the City's review. Task 4b. Natural Environmental Study - Minimal Impacts Dudek will review and incorporate initial comments received from Caltrans on the previously prepared Biological Resources Assessment. A separate biological study will be prepared following a Caltrans reporting guidelines. A Natural Environment Study — Minimal Impacts (NESMI) report will be prepared that incorporates the previous investigation's findings. No additional field surveys or analyses are anticipated to support preparation of the NESMI. Additionally, this task includes two rounds of review and comment by Caltrans. A wetland delineation has been performed as part of the Biological Resources Assessment for this project. The results will be summarized in the NESMI. The PES form does not specify if a stand-alone report is required for the wetland delineation assessment. If this is a requirement, Dudek will prepare a cost and fee for a stand-alone report. Cost estimate for this task: $20,215 4 December 2016 9 Mr. Raja Sethuramon Subject: Contract Amendment Authorization Request for the West 19th Street Multipurpose/Bicycle Trail Project TASK S: SECTION 4(F) DE MINIMIS FINDING The proposed multipurpose trail would run through the publicly owned Talbert Regional Park. Dudek will prepare a technical memorandum, which demonstrates a Section 4(f) de Minimis finding and summarizes the following: ■ Applicability of Section 4(f) to the park, recreation, refuge or historic property proposed to be used by the project. • A description of the use of the 4(f) property. ■ An explanation of why the use is de minimis. • Records of public involvement, or Section 106 consultation. • Any avoidance, minimization, and/or mitigation, measures that were relied upon to make the de minimis finding. • Results of coordination with the official with jurisdiction including the written concurrence from official with jurisdiction. Dudek will respond to two rounds of comments from Caltrans and will make necessary revisions to the memo stemming from comments. Cost estimate for this task: $3,700 TASK 6: VISUAL TECHNICAL MEMORANDUM Dudek has completed Caltrans' Questionnaire to Determine Visual Impact Assessment (VIA) Level for the project. Based on the calculated VIA level score, a brief memorandum is the appropriate level of VIA to prepare for the project. As such and in accordance with Caltrans' guidelines, Dudek will prepare a VIA memorandum that will briefly describe the proposed project and the existing character and quality of the proposed trail alignment and surrounding area, the anticipated sensitivities of affected viewer groups, and the extent and degree of proposed changes to the visual environment resulting from the introduction of the project. In addition to a discussion of anticipated short-term visual alterations during construction, the VIA memorandum will include a comparison of pre- and post -project visual character that will be used to analyze long-term effects on visual resources within the project area. Task Assumption: ■ A site visit will be required to inventory the existing visual character and quality of the project site and surrounding area and to take photographs to support the narrative. • Detailed construction drawings will be provided by the City for review and analysis. The plans should depict, at a minimum, the alignment and extents of the new trail, trail surface materials, striping, signage, and other features or amenities that may be incorporated into the project. ■ Preparation of visual simulations is not included in this scope of work and cost. ■ Dudek will respond to two rounds of comments from Caltrans and will make necessary revisions to the memo stemming from comments. Cost estimate for this task: $4,482 D U D E K 5 December 2016 Mr. Raja Sethuramon Subject: Contract Amendment Authorization Request for the West 19th Street MultipurposelBicycle Trail Project TASK 7: ARCHAEOLOGICAL SURVEY REPORT (ASR) AND HISTORIC PROPERTIES SURVEY REPORT (HPSR) The following cultural resources scope of work is designed to obtain the necessary project approvals in consideration of impacts to historical resources under CEQA and effects to historic properties under Section 106 of the National Historic Preservation Act (NHPA). Area of Potential Effects (APE) Map: In consideration of the finalized project description/project plans, Dudek will work closely with the City and Caltrans to develop the project's cultural resources APE map. The APE will encompass all geographic areas in which the proposed undertaking has the potential to directly or indirectly affect the character or use of historic properties (36 CFR 800.16[d]). In addition to areas where construction activities are expected to occur, the APE map will consider construction staging areas, temporary construction easements, utility relocation, and any other activity that has the potential to affect historic properties. The direct APE will encompass the area of archaeological study where ground disturbances are expected to occur and will include any historic built environment resources (i.e., buildings, structures, and objects) that will be directly affected by proposed project activities. The APE will be defined in accordance with the guidance provided in the most current version of Volume 2 of Caltrans' Standard Environmental Reference (SER), Chapter 4: Cultural Resources Identification, Records Search Update: Upon receipt of a signed APE map, Dudek will initiate a California Historical Resources Information System (CHRIS) records search of the project direct APE and a one -mile radius at the South Central Coastal Information Center (SCCIC), which houses cultural resource records for Orange County. As a cost saving measure, Dudek will update the existing records search completed for the adjacently located Orange County Sanitation District Costa Mesa Trunk Sewer Project. Native American Coordination: Dudek will contact the California Native American Heritage Commission (NAHC) for a review of their Sacred Lands File. The NAHC will determine if any NAHC-listed Native American sacred lands are located within or adjacent to the project APE. In addition, the NAHC will provide a list of Native American contacts for the project who should be contacted for additional information. If instructed to do so by the City and Caltrans, Dudek will prepare and mail a letter to each of the NAHC-listed contacts, requesting that they contact us if they know of any Native American cultural resources within or immediately adjacent to the project area. Two weeks after the letters have been mailed Dudek will make two (2) follow-up phone calls to each NAHC-listed contact to demonstrate that good faith follow-up efforts have been made. The proposed project is also subject to compliance with Assembly Bill (AB) 52, which requires lead agencies to provide tribes (who have requested notification) with early notification of the proposed project and, if requested, consultation to inform the CEQA process with respect to tribal cultural resources. While AB 52 is a government -to -government process between the CEQA lead agency and California Native American Tribes, Dudek will assist the City with the notification process and responding to any comment letters (if requested). No in-person meetings or follow-up phone calls with Native American groups are included in this scope of work. Cultural Resources Survey: Upon approval of the APE map and receipt of the records search results, Dudek will conduct a pedestrian survey of the project APE for historic properties (including both prehistoric and historic archaeological resources and historic built environment resources). An intensive pedestrian survey will be completed for all accessible portions of the project area (excluding portions of the direct APE that fall within the street), utilizing transects only where it makes sense to do so. Identified resources will be DUDEK 6 December 2016 Mr, Raja Sethuramon Subject: Contract Amendment Authorization Request for the West 19th Street Multipurpose/Bicycle Trail Project mapped using iPad technology with close -scale field maps, aerial photographs, and georeferenced PDF maps of the APE. Caltrans Documentation: All documents will be prepared in accordance with Caltrans' most recent edition of the Standard Environmental Reference, Volume II, Cultural Resources, Archaeological Survey Report (ASR): Dudek will prepare an ASR to demonstrate that a reasonable level of effort has been made to identify archaeological properties within the project direct APE. Dudek assumes the no previously recorded archaeological resources will be identified as a result of the records search requiring updates, nor will any new archaeological resources be identified as a result of the intensive -level survey or Native American coordination. Should any resources be identified requiring recordation, or should current project plans change resulting in additional survey areas, Dudek will work with the City to augment this scope of work and costs as appropriate. The ASR will be prepared by a Dudek archaeologist who meets Caltrans PQS standards for archaeology. Historic Property Survey Report HPSR): Upon completion of the ASR, Dudek will prepare an HPSR to serve as the overarching summary document for all Section 106 compliance efforts. The APE map and ASR will be appended to the HPSR. This scope of work includes two screencheck reviews: one from City staff and one by Caltrans District 12. Up to eight hours of revisions are budgeted for this exercise. Additional coordination with/incorporation of review comments from Caltrans beyond what is indicated is not included in the scope of work described herein. Should revisions require additional time or if additional rounds of revisions become necessary, an associated budget augment can be arranged. Cost estimate for this task: $11,875 TASK 8: TEAM MEETINGS AND PROJECT MANAGEMENT In our original work scope, attendance of one kick off meeting was assumed. To date, Dudek has participated in two meetings'. It is assumed that three (3) additional meetings will be required over the course of the project, in order to review/discuss the additional technical studies discussed above. It is assumed that these meetings would be the appropriate time to review/discuss responses to comments on the documents. Shawn Shamlou, and the Deputy Project Manager, Caitlin Munson, and analyst Spencer Hardy would attend these meetings. This task includes project management of the additional technical studies discussed above, communication with the client, and coordination of project team, etc. Cost estimate for this task: $9,675 These meetings include an initial kick off meeting on July 12, 2016 and a site visit meeting with the City and Caltrans on October 28, 2016. 7 December 2016 Mr. Raja Sethuramon Subject: Contract Amendment Authorization Request for the West 19th Street Multipurpose/Bicycle Trail Project TASK 9: JURISDICTIONAL WETLANDS/WATERS PERMITTING Preapplication Coordination: Dudek will coordinate with the City to evaluate potential constraints to the processing regulatory permits through the U.S. Army Corps of Engineers (ACOE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) as a result of implementing the proposed project. Dudek will assist and help facilitate coordination with current landowners and managers within the study area to ensure consistency with existing land use restrictions. Specifically, Dudek anticipates discussions with the County of Orange regarding ongoing habitat restoration efforts (as compensatory mitigation for other projects) and Southern California Edison regarding ongoing operation and maintenance activities within the Talbert Reserve that may be affected by the proposed project. Dudek will prepare exhibits showing jurisdictional areas, proposed impact areas, location of existing mitigation areas, and rights-of-way. Discussions with these entities will focus on the feasibility of implementing the proposed project while ensuring compliance with existing permit conditions/restrictions, acceptable mitigation measures that need to be considered, and solutions to obtain permit compliance approval. This task includes up to two meetings, conference calls, and other communication with the City, County, and SCE necessary to facilitate the permitting process. This subtask assumes that it will take 35 person -hours to complete the subtask. Mitigation Plan for jurisdictional Wetlands/Waters Impacts: The ACOE, RWQCB, and CDFW require conceptual mitigation and monitoring plans that support the permit applications. Dudek anticipates preparing a conceptual mitigation and monitoring plan to address impacts to jurisdictional wetlands/waters in accordance with the ACOE's 2008 Final Mitigation Rule and previous guidance documents. The conceptual mitigation design will incorporate information required to demonstrate project viability and a high degree of certainty that mitigation goals will be achieved at the end of a maintenance and monitoring period. The conceptual mitigation and monitoring plan will identify mitigation sites, provide a brief description of existing and future conditions, and include maps and cross-sections that depict the proposed compensatory mitigation areas. jurisdictional Wetlands/Waters Permit Applications: The Biological Resources Report previously prepared for the project will serve to support regulatory permitting and authorization efforts. Early in the environmental review process, Dudek will discuss the potential strategies for consulting with the ACOE, RWQCB, and CDFW. Given the location of the project and Dudek's experience with regulatory permitting throughout Orange County, we recommend early consultation with the ACOE, RWQCB, and CDFW. Following the initial consultation, Dudek will compile the appropriate data and complete permit applications/notifications for the ACOE, RWQCB, and the CDFW. Due to the limited jurisdictional resources, type of project, and minimal disturbance footprint at the project site; it is assumed that the project would qualify for one of the Clean Water Act Section 404 Nationwide Permits with the ACOE. The applications will be formatted to meet each regulatory agency's specifications and sent electronically for review and approval. Regulatory Agency Coordination: Once the permit applications have been submitted, close coordination with the regulatory agencies will be critical to ensure timely acquisition of project approvals. Dudek will be available to respond to requests for additional information and act as the point -of -contact for all inquiries with the regulatory agencies. DUDE1C 8 December 2016 Mr. Raja Sethuraman Subject: Contract Amendment Authorization Request for the West 19th Street Multipurposel$icycle Trail Project The proposed budget for this subtask is an estimate based on our ability to provide a comprehensive evaluation and complete the permitting process with the regulatory agencies. If the process becomes contentious or additional issues are identified, this subtask may expand and additional time may be required to complete the process. This subtask includes conference calls and other communication with the City and the project team necessary to facilitate the permitting process. This subtask assumes that it will take 40 person -hours to complete the task. Cost estimate for this task: $37,410 TASK 10: COASTAL DEVELOPMENT PERMIT PROCESSING The proposed project requires a Coastal Development Permit (CDP) because the project is located in the coastal zone. The project alignment within the coastal zone boundary appears to be within both the City of Costa Mesa and the City of Newport Beach. The City of Costa Mesa does not yet have a certified Local Coastal Program (LCP); therefore, the California Coastal Commission (CCC) retains coastal development permitting authority in the City's coastal zone. A CDP for the project would need to be obtained directly from the CCC. The standard of review for a CDP from the CCC is the Chapter Three resource policies of the California Coastal Act (CCA). Further, the City of Newport Beach's LCP is pending certification by the CCC in early 2017. If the City of Newport Beach's LCP becomes certified during the application process, either a consolidated CDP from the CCC, or a CDP directly from the City of Newport Beach for that part of the project falling in the City's coastal zone would be necessary. Dudek will coordinate with, strategize, and advise the project team and City about the best available options for planning and processing the CDP application materials, environmental analyses and associated technical documents, and policy findings required for the CDP submittal package. Dudek will compile available project information and prepare a detailed CCA policy consistency analysis for review and consideration by the City as part of the coastal development permit application process. To avoid timing delays associated with CDP processing, early coordination with CCC staff will be essential to discuss project description details, constraints, and feasible avoidance and minimization measures. Dudek's coastal planners will lead this effort, utilizing our existing working relationship with the South Coast District Office CCC staff and our experience and understanding of the coastal resource policy issues staff must address in their staff report findings. This effort would include the following deliverables at the request of the project team and/or City and will serve to facilitate understanding of project goals, scope, impacts, and opportunities: • Coordination of meetings and/or conferences with City and CCC staff early in the project planning process to identify potential coastal resource issues, such as biological resources, including Environmentally Sensitive Habitat Areas and wetlands, as well as public access considerations. • Comprehensive CDP transmittal letter and CDP application materials detailing compliance of the project with applicable CCA policies and regulations, • Coordination with the project team and any technical consultants to prepare and/or supplement existing technical studies, written materials, and correspondence to expeditiously respond to City or CCC staff direction regarding data and analysis needs. • Written correspondence in response to public comment, City and/or CCC staff comments. ®U®EK 9 December 2016 19 Mr. Raja Sethuraman Subject: Contract Amendment Authorization Request for the West 19th Street Multipurpose/Bicycle Trail Project Review and comment on staff report recommendations to ensure findings are complete and accurate, and that special conditions are reasonable, feasible, and acceptable to the City. GIS support for graphics and maps to facilitate understanding of project scope in relation to land use and coastal resource policy constraints, and to provide support for CCC staff reports and presentations. Dudek will provide an administrative draft of all CDP application deliverables to the project team for review and comment, prior to transmittal to CCC. Following CCC staffs review of the application submittal, Dudek will review any requests for additional project materials and environmental documentation. We will provide recommendations regarding revising and updating application materials to reflect project revisions, as needed, including any identified land use or resource constraints and policy requirements to facilitate the application "completeness determination" and, ultimately, to help prepare project consistency findings with applicable CCA policies for a decision -maker hearing. This scope of work assumes no more than two (2) 30 -day CDP application "completeness" review cycles will be required and that material responses will be supported by existing and/or supplemental information provided by the project team. Given the uncertainty of additional application materials and issues raised by CCC staff following application review and the extent of supplemental project materials that may be required to respond to this review, the need for a supplemental scope of work authorization may be necessary at that time. This task also assumes that Dudek's coastal planner/s will prepare for and attend up to two (2) meetings with the project team, City personnel and/or CCC staff, and participate, via conference call, in three (3) additional meetings to resolve any potential policy or procedural issues that may arise during the CDP review process. This task does not include the preparation of new or updated technical information that may be requested by CCC during their review. Cost estimate for this task: $27,150 .... . ............ - DUDEIC H December 2016 (SO Mr. Raja Sethuraman Subject: Contract Amendment Authorization Request for the West 19th Street Multipurpose/Bicycle Trail Project COST SUMMARY A' Cost Amendment Request Prepare CEQA MND $20,455 Categorical Exclusion $7,020 Initial Site Assessment $13,995 Biological Assessment, Natural Environmental $20,215 Study - Minimal Impacts, and Wetland Delineation and Assessment Section 4(f) de Minimis Determination $3,700 Visual Technical Memorandum $4,482 Archaeological Survey Report, Historic $11,875 Properties Survey Report, and Native America Coordination Team Meetings and Project Management $9,675 Jurisdictional WetlandslWaters Permitting $37,410 Coastal Development Permit Processing $27,150 Total Cost Amendment $155,977 We request a contract amendment authorization in the amount of $155.977. We look forward to continuing work on this project with you. Please do not hesitate to contact me with any questions. Sincerely, 1 ,awn . Shamlou, A •i ncipal DUDEK E I December 2016 q fa t?"l TF r i ■ '� ;t r��' � ! � � �'!k}i �T., rhe' - � i!. "' - 1 e . `J+, --'• ��.•�t+ w Y x 7�; ���i• � �}+° ,�, >. '� .�� '� � •� Ria �.a _ ,�`- '3tir� 1;1iG ��-• _ _ .:.,, e. - � }. a�i'•�; mow. T-�.r.'. INS _ _ 41 401ld ROM r �' • �' ate-. -. � �/ �!.Ff\�Iq r � � 1 � �,.1► �''� - , i ; /ray t�\w\/' ... .� � . SIWINS [ STRIPI,L MIEi 4aR iAM_ _W Sx W :A tiAu. O imtT_ A, MIn.1! L Y AAO Big 1 O INSTALL SR SMRIN6, AS Sii- W RAN t.lpl IIrRw.L m vex u t Ns 4ab 61Y5 K1 Ca%m wu•• zim. ixft m O lM_+ 2. +M=IL '}]M?a 11[„O•'11ePLi ai !Y' a.0 SI >I„yvµ ur4 3P[ Ip r,ALTTuq lm IE+xl AfOT. OLTAk •3 9pxe a R+.• O 1• i Orr I'ku[ rY4T m04� ry tk.TErA3 im w.A•• a•x. ® [ Wt. 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' CRY OF COSTA WSA „T,M,Q 1 Ts INaq rren A lMNpfMlluN MMIM4 uN�4 SS -04 ATTACHMENT 5 Proposed Costa Mesa Multipurpose Trail CEQA/NEPA/Permitting Schedule Milestone_ .. Completed engineering drawings with revised alignment from KOA December 12, 2016 Dudek resubmits PES to Caltrans December 16, 2016 Pre -application coordination with the County and SCE December 30, 2016 Costa Mesa City Council approval of CAA January 3, 2017 Dudek initiates preparation of ISA, BA, NES - MI, Section 4(f) de January 4, 2016 Minimis Determination, Visual Technical Memorandum, and APE February 24, 2017 map' February 24, 2017 Caltrans sends comments on PES to Dudek January 6, 2017 Dudek revises PES and resubmits to Caltrans; APE map submitted to January 20, 2017 Caltrans for review Early Coastal Commission coordination February 1, 2017 Caltrans approves APE; Dudek initiates ASR, HPSR, and Native February 3, 2017 American Coordination PES approved by Caltrans February 24, 2017 Dudek submits Coastal Development Permit to Coastal Commission February 24, 2017 for review Dudek submits ISA, BA, NES - MI, Section 4(f) de Minimis March 17, 2017 Determination, Visual Technical Memorandum, ASR, and HPSR for Caltrans/City to review (1st round of review) Caltrans/City provide comments on ISA, BA, NES - MI, Section 4(f) April 14, 2017 de Minimis Determination, Visual Technical Memorandum, ASR, and HPSR to Dudek Dudek resubmits ISA, BA, NES - MI, Section 4(f) de Minimis April 28, 2017 Determination, Visual Technical Memorandum, ASR, and HPSR to Caltrans (21d round of review) Dudek sends revised Admin Draft MND to City and Caltrans May 12, 2017 Prepare Mitigation Plan for Regulatory Permit Application Package May 12, 2017 City provides comments on Admin Draft MND May 19, 2017 Dudek revises MND; submits to City May 25, 2017 Caltrans approves ISA, BA, NES - MI, Section 4(f) de Minimis May 26, 2017 Determination, Visual Technical Memorandum, ASR, and HPSR Produce MND for Distribution May 30-31, 2017 Start of MND Public Review Period (30 days) June 1, 2017 Prepare Regulatory Permit Application Package June 14, 2017 Public Review Period of MND Ends June 30, 2017 Submit Response to Comments/ MMRP to City for review July 7, 2017 City Review of RTCs, MMRP July 14, 2017 Dudek revises RTCs, MMRP July 19, 2017 Planning Commission and City Council Hearings for MND July/August 2017 File NOD Within 5 days after public hearing Dudek submits Cat Ex to Caltrans August 7, 2017 Caltrans reviews Cat Ex August 28, 2017 Dudek submits final Cat Ex September 1, 2017 Caltrans approves Cat Ex September 2017 Coastal Commission Hearing for Coastal Development Permit September 2017 Is Proposed Costa Mesa Multipurpose Trail CEQA/NEPA/Permitting Schedule Milestone �. Approval Regulatory Permitting Coordination and Permit Acquisition November 2017 Notes: ISA = Initial Site Assessment; BA = Biological Assessment; NES — MI = Natural Environmental Study - Minimal Impacts; ASR = Archaeological Survey Report; HPSR = Historic Properties Survey Report; Cat Ex = NEPA Categorical Exclusion 'APE map must be approved by Caltrans before ASR, HPSR, and Native America Coordination can be initiated 101