HomeMy WebLinkAboutHelix Environmental Planning Inc; 2013-04-04; UTIL1002UTILI 002
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
(HELIX ENVIRONMENTAL PLANNING, INC.)
THIS AGREEMENT is made and entered into as of the 'j^^^ day of
/-/ / 2013, by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary
District ofthe City of Carlsbad, ("CMWD"), and HELIX ENVIRONMENTAL PLANNING, INC., a
California corporation, ("Contractor").
RECITALS
A. CMWD requires the professional services of an environmental consultant that is
experienced in environmental planning.
B. Contractor has the necessary experience in providing professional services and
advice related to CEQA-Plus requirements.
C. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date first
above written.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
twenty five thousand six hundred twenty two dollars ($25,622). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD
has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
General Counsel Approved Version 1/30/13
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will
be under control of CMWD only as to the result to be accomplished, but will consult with CMWD
as necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. CMWD will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not
be required to pay any workers' compensation insurance or unemployment contributions on
behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD
and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers' compensation payment which
CMWD may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD
may deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
CMWD for the acts and omissions of Contractor's subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions
of persons directly employed by Contractor. Nothing contained in this Agreement will create any
contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be
responsible for payment of subcontractors. Contractor will bind every subcontractor and every
subcontractor of a subcontractor by the terms ofthis Agreement applicable to Contractor's work
unless specifically noted to the contrary in the subcontract and approved in writing by CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination ofthis Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH", OR
General Counsel Approved Version 1/30/13
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless the
Risk Manager or Executive Manager approves a lower amount. These minimum amounts of
coverage will not constitute any limitations or cap on Contractor's indemnification obligations
under this Agreement. CMWD, its officers, agents and employees make no representation that
the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are
adequate to protect Contractor. If Contractor believes that any required insurance coverage is
inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems
adequate, at Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's
work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
10.1.3 Workers' Compensation and Emplover's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
I I If box is checked. Professional Liability
CMWD's Initials Contractor's Initials Insurance requirement is waived.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 CMWD will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to CMWD.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD
sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of
this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then CMWD will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
General Counsel Approved Version 1/30/13
maintain the required coverages. Contractor is responsible for any payments made by CMWD
to obtain or maintain insurance and CMWD may collect these payments from Contractor or
deduct the amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of
CMWD during normal business hours to examine, audit, and make transcripts or copies of
records and any other documents created pursuant to this Agreement. Contractor will allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement for
a period of three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1)
copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and
Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD
Name
Title
Address
David Ahles
Senior Engineer
Carlsbad Municipal Water District
1635 Faraday Avenue
Carlsbad, CA 92008
Phone 760-602-2748
For Contractor
Name
Title
Address
Phone
E-mail
Tamara Ching
Vice President
7578 El Cajon Blvd, Ste 200
La Mesa, CA 91942
619-462-1515
tammyc(ghelixepi.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
General Counsel Approved Version 1/30/13
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that the services required
by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or CMWD will reduce such questions, and
their respective views, to writing. A copy of such documented dispute will be fonA/arded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fon^/arded
to the Executive Manager. The Executive Manager will consider the facts and solutions
recommended by each party and may then opt to direct a solution to the problem. In such
cases, the action of the Executive Manager will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD
may terminate this Agreement for nonperformance by notifying Contractor by certified mail of
the termination. If CMWD decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by CMWD and all work in progress to CMWD address contained in this
Agreement. CMWD will make a determination of fact based upon the work product delivered to
CMWD and of the percentage of work that Contractor has performed which is usable and of
worth to CMWD in having the Agreement completed. Based upon that finding CMWD will
determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of CMWD, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be
paid for work performed to the termination date; however, the total will not exceed the lump sum
General Counsel Approved Version 1/30/13
fee payable under this Agreement. CMWD will make the final determination as to the portions of
tasks completed and the compensation to be made.
21- COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, CMWD will have the right to annul this Agreement without liability, or,
in its discretion, to deduct from the Agreement price or consideration, or othen^/ise recover, the
full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD
must be asserted as part of the agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to
criminal prosecution. Contractor acknowledges that California Government Code sections
12650 et seg.. the False Claims Act applies to this Agreement and, provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include
false claims made with deliberate ignorance of the false information or in reckless disregard of
the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative
debarment proceeding as the result of which Contractor may be prevented to act as a
Contractor on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
///
General Counsel Approved Version 1/30/13
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
HELIX ENVIRONMENTAL PLANNING,
INC., a California corporation
By:
(sign here)
(print name/title)
CARLSBAD MUNICIPALWATER DISTRICT,
a Public Agency organized under the
Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad
Prooidont or Exooutivo Managor
-er Division Director as authorized by the
Executive Manager
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIAN A. BREWER, General Counsel
Assistant General Counsel
General Counsel Approved Version 1/30/13
EXHIBIT A
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
Suite 200
La Mesa, CA 91942
1\IMZ<^511 Environmental Planning
www.helixepi.com
March 15,2013
David P. Ahles, P.E.
Senior Civil Engineer
Carlsbad Municipal Water District
1635 Faraday Avenue
Carlsbad, California 92008
Subject: Proposal/Agreement to Provide Environmental Consulting Services for the
Carlsbad Municipal Water District Phase III Recycled Water Project SRF
Program Application
Dear Mr. Ahles:
HELIX Environmental Planning, Inc. (HELIX) is pleased to submit this letter
proposal/Agreement (Agreement) to the Carlsbad Municipal Water District [CMWD] (Client) to
provide environmental consulting services for the Phase III Recycled Water Project (Project).
HELIX understands that Client is seeking financing via the State Water Resources Control Board
(SWRCB) Clean Water State Revolving Funds (SRF) Program for the Project. The Project
consists ofthe expansion of the CMWD recycled water system to the north area of Carlsbad and
the initial expansion into neighboring water service agencies. Because the SRF Program is
partially funded by the U.S. Environmental Protection Agency (USEPA), the project requires
compliance not only with the Califomia Environmental Quality Act (CEQA), but also with
federal regulations such as the Clean Air Act (CAA), Endangered Species Act (ESA), and the
National Historic Preservation Act (NHPA) Section 106 as part of the SWRCB's CEQA-Plus
requirements.
SCOPE OF SERVICES
HELIX will use the CMWD Phase III Recycled Water Project Initial Study/Mitigated Negative
Declaration (IS/MND) EIA 12-02 (SCH# 2012091049) that was adopted by the City of Carlsbad
on November 27, 2012 as the basis of the CEQA-Plus submittal package, and proposes to
supplement the IS/MND with documentation pertaining to the issues of air quality, biological
resources, and cultural resources to comply with federal requirements. Furthermore, because the
SWRCB will conduct a 30-day federal review ofthe loan application, it is assumed that the
supplemental information will not require an additional public review.
Agreement to Mr. David Ahles Page 2 of 9
March 15,2013
Task 1: Air Quality Conformity Analvsis
HELIX will prepare a brief air quality conformity analysis letter report to meet the CEQA-Plus
requirements for the CAA. The analysis will be based on the calculations of air pollutant
emissions for the Project included in the IS/MND. The tasks are as follows:
a. Prepare an air quality conformity analysis in compliance with the CAA. An air quality
conformity analysis is required for criteria pollutants for which the San Diego Air Basin
(SDAB) is in a non-attainment status. The SDAB is in a non-attainment status for ozone
and particulate matter (both PMio and PM2.5).
b. The conformity analysis will be based upon the construction and operation air pollutant
emission calculations included in the IS/MND. A determination will be made whether
these emissions are (1) below the "de minimus" level, and (2) are less than 10 percent of
the SDAB's inventory ofthe specified criteria pollutants. If the emissions exceed these
thresholds, then HELIX will determine if the Project conforms to the State's
Implementation Plan.
c. Prepare a letter report documenting the results of the air quality conformity analysis, and
submit it to Client and SWRCB for review. HELIX will prepare one set of revisions to
the letter report within the limits of a 2-hour professional staff budget.
Task 2: Biological Resources Technical Report
HELIX will prepare a brief biological resources letter report to demonstrate project compliance
with applicable federal policy and law, including the federal ESA, Clean Water Act (CWA), and
Migratory Bird Treaty Act (MBTA). As analyzed in the approved IS/MND, only five expansion
segment (ES) project components contain small segments that occur immediately adjacent to
undeveloped areas that have the potential to support federally-protected resources. These
components include ES 1, ES 2, ES 5, ES 8, and ES 9. In total, eleven segments of the five ES
components have been previously identified as occurring adjacent to undeveloped areas
potentially supporting federally-protected resources. As such, the biological resources effort
anticipated to meet CEQA-Plus requirements for the project will focus on the eleven segments of
the five ES components.
HELIX understands that all applicable federal requirements for biological resources have been
addressed in the approved IS/MND for the project. However, additional technical
documentation is recommended to substantiate the biological resources findings and may be
required by the SWRCB in processing SRF Program application, including a more detailed and
focused account of existing conditions and factual information supporting the compliance
determinations. Therefore, HELIX's approach includes incorporating the findings of the
approved IS/MND and further substantiating those findings through performing an updated
database search, conducting a brief reconnaissance-level field verification of existing conditions.
HELIX
BmmmnUi Ptammg
Agreement to Mr. David Ahles Page 3 of 9
March 15, 2013
and preparing a standalone letter report addressing the specific federal requirements. The tasks
are as follows:
a. HELIX will perform an updated review of literature and database information pertaining
to federally-listed species known to occur in the vicinity of the ES components, including
a review of updated species lists and critical habitat data produced by the U.S. Fish and
Wildlife Service (USFWS) and an updated records search of the Califomia Department
of Fish and Wildlife's Califomia Natural Diversity Database (CNDDB). The updated
review will also include a search of the USFWS' National Wetlands Inventory database.
b. HELIX will conduct a brief reconnaissance-level survey ofthe five ES component
locations in order to obtain 100 percent visual coverage and verify existing conditions on
and in the immediate vicinity (within approximately 100 feet) of each component. The
survey will only be performed for those ES component segments that occur adjacent to
undeveloped areas that have the potential to support federally-protected resources. The
survey will focus on inventorying existing vegetation communities; confirming the
presence or absence of potential habitat for federally-listed species protected under the
ESA; identifying potential federally protected wetlands and other waters of the U.S.
protected under the CWA; and, confirming the presence or absence of potential nesting
habitat for bird species protected under the MBTA. All plant and wildhfe species
encountered during the survey will be noted and representative photographs of the survey
area will be obtained for the record.
c. HELIX will prepare a brief letter report summarizing the findings ofthe updated review
and field survey efforts, incorporating the relevant information fi-om the approved MND.
The letter report will be focused and will only include discussions of federally-protected
resources and an analysis of potential effects based on the applicable federal regulations.
At a minimum, the report will include brief discussions addressing the relevant ES
component descriptions, review and survey methods, applicable federal regulations,
potential effects on federally-protected resources, and measures already incorporated into
the approved IS/MND to demonstrate compliance with the applicable federal regulations.
Representative photographs and the results of the USFWS and CNDDB species database
reviews will be provided as attachments to the letter report. No report graphics are
anticipated. If necessary, the report will rely on figures and maps included in the
IS/MND to supplement the analysis. HELIX will submit the draft letter report to Client
for review. HELIX will make one set of revisions to the report within the limits of a 6-
hour budget.
Task 3: Cultural Resources Technical Report
The cultural resources technical report will be prepared by ASM Affiliates (ASM). ASM will
review cultural resources information for the Project to determine if significant cultural resources
are located within areas proposed for Project development. Because compliance with CEQA-
Plus is required, consultation with SWRCB's Cultural Resources Officer (CRG) will be
HELIX
Emimmntai Ptanning
Agreement to Mr. David Ahles Page 4 of 9
March 15,2013
necessary to ensure all aspects of the Project are considered. The tasks for the cultural resources
technical report are as follows:
a. ASM will obtain an updated record search ofthe Project area from the South Coastal
Information Center (SCIC). For the purposes ofthis proposal, ASM assume the records
search prepared by Atkins in as part of the 2012 City of Carlsbad Sewer Master Plan and
CMWD Water and Recycled Water Master Plans Program EIR (Program EIR) [SCH#
2012021006] will be provided and that only an updated records search need to be
obtained fi'om SCIC.
b. As part ofthe CEQA-Plus requirements for the SWRCB, Area of Potential Effect (APE)
maps will need to be included that depict the location and area of disturbance expected
for the Project. ASM assumes that these maps will be provided by the Project Engineer
or Client. ASM will review the APE maps to ensure that they meet the requirements for
submittal to the SWRCB.
c. ASM will solicit input from Tribal members related to the sensitivity of the Project area
for cultural resources. ASM will rely on the list of Native Americans potentially
knowledgeable about heritage resources provided by the Native American Heritage
Commission (NAHC) during development of the Program EIR. This will entail sending
certified letters to each individual identified by NAHC requesting additional information
about the Project. Telephone contact will be attempted with any Tribal members who do
not respond directly to the letter. The results of this work will be provided as an
addendum to the cultural resources technical report.
d. ASM will review the results of the updated records search will be reviewed to determine
if areas of the City remain unsurveyed or if extant surveys were prepared more than five
years ago. Areas never studied in the past will require survey to be completed to
determine if cultural resources are present and to document such resources. Areas
surveyed more than five years prior should be revisited, any known sites relocated, and
site documentation updated.
Once the status of knowledge pertaining to cultural resources within the study area has
been established, this information can be used as a basis for recommendations of any
additional work required for compliance with Section 106 of the NHPA and CEQA.
Such recommendations may include the evaluation of eligibility of project resources for
the National Register of Historic Places or the Califomia Register of Historical Resources
through archaeological testing (excavation). While avoidance is always the preferred
treatment, those sites determined to be eligible that are not able to be avoided through
project redesign must be subjected to mitigation, consisting of data recovery or
construction monitoring. Sites identified during monitoring that are determined to be
significant and not able to be avoided must be subjected to data recovery in order to
exhaust the scientific data they can provide.
HEUX
Envmamental Ranning
Agreement to Mr. David Ahles Page 5 of 9
March 15,2013
e. ASM will prepare the cultural resources technical report that will document the results of
the above tasks. Recommendations will also be provided for the treatment of cultural
resources located within the project area that cannot be avoided by project redesign, if
appropriate. ASM will make revisions to the report (assumed to be minor) one time in
response to comments from Client and SWRCB.
Task 4: SRF Checklist/Submittal Package
HELIX will prepare the package to be provided to SWRCB that will be included as part of the
submittal for the SRF Program application. The tasks are as follows:
a. Prepare the SWRCB SRF Federal Cross-cutting Environmental Regulations Evaluation
Form for Environmental Review and Federal Coordination based on information included
in the Phase III Recycled Water Project IS/MND, Program EIR, and supporting
documentation for federal regulations including the air quality conformity analysis,
biological technical report, and cultural technical report.
b. Prepare an electronic version on a CD-ROM and up to ten (10) hard copies of the SRF
Program submittal package that will include the following documents:
i. SRF Environmental Evaluation Form and supporting technical studies.
ii. The draft and the final versions of the Phase III Recycled Water Project IS/MND
(including any comments and responses on the draft IS/MND).
iii. The resolution adopting the IS/MND and making CEQA findings.
iv. The adopted Mitigation Monitoring and Reporting Program for the Phase III
Project.
V. The Notice of Determination filed with the San Diego County Clerk and the State
Clearinghouse for the IS/MND.
c. The SWRCB will distribute the submittal package to the appropriate federal agencies for
a 30-day review as required by the CEQA-Plus requirements. This distribution is in
addition to the standard State Clearinghouse public review requirements under CEQA.
d. HELIX will prepare the final SRF Program submittal package, based on any comments
received by federal agencies during review. HELIX will revise the documents included in
the SRF Program submittal package within the limits of a 16-hour professional staff
budget, including any coordination or responses to comments. This scope of work assumes
that no revisions will be required to the adopted IS/MND. HELIX will submit one CD-
ROM and up to ten (10) copies of the final SRF Program submittal package to Client.
Task 5: Proiect Meetings and Management
HELIX will attend one (1) meeting, if required, during the course of the process. If attendance at
additional meetings or hearings is requested, a budget augment would be required.
HELIX
BnvimmentM Ptarming
Agreement to Mr. David Ahles Page 6 of 9
March 15, 2013
HELIX will provide overall management and coordination between Client and SWRCB, which
will include formal and informal communication with the project team and Client.
Communication will take the form of telephone conversations and e-mail. Other management
responsibilities will include tracking budgets and reviewing schedule progress. Prior to
submittal of all major deliverables, quality assurance reviews will be completed by senior staff.
For cost-estimating purposes, it is assumed that all work outlined in this scope will be completed
within six months from the date of receiving notice to proceed, and that up to three hours per
month of Project Manager time will be required.
Task 6: Other Direct Costs
HELIX will produce up to 10 copies each ofthe draft and final application packages. Also
included are mileage, deliveries, postage, and similar direct costs. These items will be charged at
cost plus 10 percent.
ADDITIONAL ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations, in addition to those defined in the above Scope of
Services, are a material component of this Agreement:
• Client will provide HELIX with current available digital baseline data for producing all
Project plan maps and graphics, which should be submitted in one of the following
formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .eOO (Arclnfo export coverages), or
.shp (ArcView shapefiles). For some graphics, .pdf files will be acceptable.
• HELIX will be provided with any modifications to the Project or text ofthe Final
IS/MND that occurred subsequent to its adoption in November 2012.
• The scope of work and fee estimate for biological resources does not include rare plant
surveys, focused surveys for wildlife species, jurisdictional delineation surveys,
meetings, or consultations and permitting efforts with the resource agencies. These tasks
are not anticipated to be required.
• The cultural resources records search prepared by Atkins in 2012 for the Program EIR
will be supplied to ASM.
• The cost of the updated records search conducted by ASM will not exceed $1,750.00.
• The list of contacts provided by NAHC for the Program EIR and IS/MND will be
provided to ASM along with any correspondence received by Native American tribes
pertaining to the Project.
• Client will provide ASM with APE maps that depict locafion, length, and depth ofthe
extent of disturbance expected by the Project for submission to SWRCB.
HEUX
Bnvimmnta} Ptarming
Agreement to Mr. David Ahles Page 7 of 9
March 15,2013
• The scope of work and fee estimate for cultural resources does not include field work
(including survey of the portions of the project not previously surveyed), project-specific
studies (including survey, evaluation, or mitigation through data recovery), or
constmction monitoring. If these tasks are necessary as part of Section 106 compliance, a
cost augment will be required.
• This scope of work assumes that the conclusion included in the IS/MND that the Project
will have "no significant impacts" under CEQA remains unchanged. If previously
unknown resources or impacts are identified as part of the tasks included in this scope of
work that trigger re-circulation of the IS/MND, a cost augment will be required.
• It is assumed that the project description within the IS/MND remains valid for use within
the SRF documents.
SCHEDULE
HELIX will complete the air quality conformity analysis, biological resources technical report
within four weeks of authorization to proceed and receipt of the above requested Project
information.
ASM will update the records search, complete initial Tribal consultation through preparing and
sending letters to Tribal members, and prepare a technical memorandum to include APE mapping
within six weeks of authorization and receipt of the above requested Project information.
Requested revisions to the reports will be provided within ten days of receipt of comments by Client.
COST ESTIMATE AND PAYMENT PROCEDURES
The work described in the Scope of Services section ofthis Agreement would be completed for a
not to exceed sum of $25,622. A breakdown of this cost by task is provided below.
All work will be invoiced on a time and materials basis pursuant to Exhibit A, Terms and
Conditions, and Exhibit B, Schedule of Fees. Payment terms are net 30 days pursuant to the
Terms and Conditions listed in Exhibit A and incorporated herein.
Task
Number Task Name Cost
1 Air Quality Conformity Analysis $ 1,085
2 Biological Resources Technical Report 4,280
3 Cultural Resources Technical Report 8,813
4 SRF Checklist/Submittal Package 4,830
5 Project Management 4,070
6 Other Direct Costs 2,544
TOTAL $ 25,622
HEUX
Envimmntsl Ptarming
Agreement to Mr. David Ahles
March 15,2013
Page 8 of9
EXECUTION OF AGREEMENT
This quote is good for 60 days from the date ofthis letter. This Agreement will become a
contract upon HELIX's receipt ofthis original, including any Exhibits, signed by an authorized
representative of Client.
We look forward to working with you on this project. If you have any questions conceming this
Agreement, please cali Joanne Dramko or me at 619-462-1515.
Sincerely,
Tamara S. Ching
Vice President, Planning Division
Enclosures: Exhibit A, Terms and Conditions
Exhibit B, Schedule of Fees
HELIX
Envirmmentai Plarming