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HomeMy WebLinkAboutHelix Environmental Planning Inc; 2015-06-24;AGREEMENT FOR ENVIRONMENTAL SERVICES FOR THE TRAILS MASTER PLAN HELIX ENVIRONMENTAL PLANNING, INC. THIS AGREEMENT is made and entered into as of the day of Ob'Aig-^ 20/5". by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Helix Environmental Planning, Inc., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in environmental analysis and reporting forthe City's Trails Master Plan. B. Contractor has the necessary experience in providing these professional services and advice related to environmental analysis, and is expected to achieve the desired results in an expedited manor. C. Contractor has submitted a proposal to the City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2- TERM This Agreement will be effective for a period of (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will not exceed ten thousand dollars ($10,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. 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' City Attorney Approved Version 4/1/15 compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or eariy termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:Vir'; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarteriy listings report, in an amount of not less than one million dollars ($1,000,000) each, unless othenwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance wili be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall flle a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor wiil comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the fliing of false claims as set forth in the California False Claims Act, Government Code sections 12650, ef seq., and Carlsbad Municipal Code Sections 3.32.025, etseq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. City Attorney Approved Version 4/1/15 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. 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 (sign here) Michael Schwerin, President (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Gity ManagOT or Mayor or Director Chris Hazeltine ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. ]f 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 certifled by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CEUA A. Attorney Assistant City Attorney City Attorney Approved Version 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ^^^<^ On (o-°l-l^ ) before me. Dafe personally appeared iM'i rJnoel Here Insert Name and Title of the ?cer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(^ is/2K§ subscribed to the within instrument and acknowledged to me that he/5he/they executed the same in his/heF/tfrsir authorized capacity(h9s), and that by his/hef/flseir signature(s) on the instrument the person(s)^^ or the entity upon behalf of which the person(^acted, executed the instrument. KRISTIN L. OLSZAK CofflffliMion # 2104040 Notary PiiMc-CaHfornia San OiiOQ County San neoQ County | ,*1WIOTfffYli^^W I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IVliNUTES OF BOARD OF DIRECTORS OF HELIX ENVIRONMENTAL PLANNING, INC. This meeting of the Board of Directors ("Board") of HELIX Environmental Planning, Inc. ("HEP" or the "Company") was held on March 20, 2013. Present at the meeting were directors Tom Huffman, Kristin L. Olszak, David Claycomb, Lisa Larrabee and Michael Schwerin. Michael Schwerin acted as Chairman ofthe meeting and Kristin Olszak served as Secretary. Signing Authoritv WHEREAS, there has been presented to the Board of Directors of HEP a new schedule for signing authority by certain individuals and the monetary limits for check signing, the terms and provisions of which are incorporated herein by this reference as if set forth at length. IT IS THEREFORE RESOLVED, that the new signing authority is as follows: • Michael Schwerin, CEO, has authority to sign any document or check on behalf of HEP, with check limits in excess of $200,000 requiring a second signature by either Tom Huffman or Kristin Olszak. If a lease's value exceeds 1% of gross revenue, then the lease will need Board approval before being signed. • Tom Huffman, Principal for HEP, has authority to sign any document or check on behalf of HEP, with check limits in excess of $200,000 requiring a second signature by either Michael Schwerin or Kristin Olszak. If a lease's value exceeds 1% of gross revenue, then the lease will need Board approval before being signed. • Kristin Olszak, CFO, has authority to sign all checks, leases and flnancial documents for HEP, with check limits in excess of $200,000 requiring a second signature by either Michael Schwerin or Tom Huffman. When any lease exceeds 1% of gross revenue in value, then the lease will need Board approval before being signed. • Tamara Ching, Environmental Planning Division Manager, has authority to sign any project-related contracts or proposals for HEP. • The following employees have authority to sign any project-related contracts or proposals for HEP that are $50,000 or less. Shelby Howard and Kart Osmundson, Biological Resources Group Managers Andrea Bitterling and Joanne Dramko, Environmental Planning Group Managers Robert Edgerton, Principal Planner Respectfully submitted. Lisa Larrabee EXHIBIT "A" SCOPE OF SERVICES Task 1 Constraints Analvsis Upon receipt ofthe City's complete list and map exhibit of future trails projects, HELIX will provide a preliminary assessment of potential biological and cultural resource constraints that may apply to the proposed projects. This task will include the following items: a) Cultural Resources Analysis. HELIX will review available cultural resources information for the Trails Master Plan to determine whether significant cultural resources are located within areas of disturbance anticipated for the proposed trail projects. This will entail the completion of an in- person review of site information on file at the South Coastal Informafion Center (SCIC) at San Diego State University and review of in-house records to determine areas of archaeological sensitivity, as well as to provide programmafic recommendafions for future studies that would be required for California Environmental Quality Act (CEQA) compliance. HELIX will also obtain records ofthe Sacred Lands File from the Native American Heritage Commission (NAHC) to identify areas of Native American heritage significance that may be affected by development of the Trails Master Plan projects. HELIX will contact the tribes identified by the NAHC to solicit comments or concerns regarding culturally sensitive areas. HELIX will summarize, within the Constraints Letter Report, the results ofthe record searches and Native American coordination. The analysis will provide recommendations for the treatment of cultural resources located within the Trails Master Plan area that cannot be avoided by project redesign. b) Biological Resource Analysis. HELIX will perform an initial desktop review of the proposed Trails Master Plan project site locations in reiafion to known biological resources in the City. The review will entail a compilation of readily available biological resources data and documentafion, including the City's Habitat Management Plan (HMP), North Coast Corridor Public Works Plan and Transportafion and Resource Enhancement Program (NCC PWP/TREP), California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), California Native Plant Society (CNPS) electronic inventory, U.S. Fish and Wildlife Service (USFWS) species records, USFWS crifical habitat, SanBIOS data, and other readily available sources. These records will be reviewed in conjunction with available aerial imagery. Maps will be prepared in Geographic Informafion Systems (GIS) depicting the proposed Trails Master Plan project sites in relation to exisfing biological resources data. The maps will preliminarily identify potenfial biological constraints and serve as baseline mapping for environmental document figures. Upon complefion ofthe inifial desktop review, HELIX will summarize exisfing condifions and biological constraints associated with each Trails Master Plan project component. The informafion wili be provided in a summary table and as a brief narrative. Data will be provided to the City for use to refine the Trails Master Plan, if warranted. The preliminary assessment will serve to inform the project team of potenfial biological resources constraints and provide technical documentation to support the environmental document. City Attorney Approved Version 4/1/15 Task 2 Coordination and Manaaement Project management will consist of formal and informal communicafion with City staff. Communicafion will take the form of telephone conversafions and email. Other management responsibilifies will include tracking budgets and reviewing schedule progress. For cost estimating purposes, it is assumed that all work oufiined in this Scope will be completed within three months from the date of receiving the notice to proceed, and that up to two hours per month of management time will be required. Attendance at meetings and/or hearings is not included in this Agreement. If attendance at meetings/hearings is requested, a budget augment would be required. Task 3 Deliverables: Constraints Letter Report HELIX will prepare a Constraints Letter Report that will incorporate the results of the cultural and biological technical analyses, as well as summarize any addifional measures or policies from the Carisbad General Plan Update Preliminary Environmental Impact Report that would apply to projects within the Trails Master Plan. The Constraints Letter Report will be provided electronically to the City ADDITIONAL ASSUMPTIONS AND LIMITATIONS OF SCOPE OF SERVICES • City will provide HELIX with digital baseline data for all Trails Master Plan projects and General Plan Update Environmental Impact Report data to be used for the analysis. It is preferred that the informafion be submitted as an ArcView shapefile (.shp), ArcGIS geodatabase (.gdb), or Google Earth polyline (.kmz). Alternatively, the map information may be submitted as an AutoCAD (.dxf or .dwg) or MicroStation (.dgn) file. • HELIX assumes that data provided by the City will be complete (i.e., encompassing all appropriate trail projects and components requiring environmental analysis), accurately rectified, and in the appropriate format. The scope of work does not include fime for HELIX to correct Trails Master Plan data or coordinate additional data needs with the City. • City will provide HELIX with available cultural resource records and a summary of any tribal consultation that was prepared and included as part of the General Plan Environmental Impact Report. • The cultural resources site records on file at SCIC related to the study area will be reviewed in person but no formal records search will be completed. The review of site files pertaining to the study area will not require more than 12 hours to complete. • Cultural and biological resource field surveys are not included in this scope of work. Should fieldwork or monitoring be required, a separate scope of work and cost estimate would be provided and not be undertaken without authorization by City. • The biological resources tasks proposed herein are intended to support a programmafic environmental document, with the key assumption that detailed, City Attorney Approved Version 4/1/15 project-specific biological surveys and technical reporting are not being requested and would be prepared at a later time and under a separate cover. Tasks for project-specific or focused biological surveys are not included in the scope of work and cost esfimate, including those associated with detailed vegetation mapping, rare plant surveys, protocol-level species surveys, wefiand delineations, or tree inventories. Further, the scope of work and cost estimate does not include the preparation of a project-specific biological resources technical study or comprehensive technical report. The biology scope of work and cost estimate does not include meefings, coordination, or permitting with the resource agencies or any other responsible agency for the project. • The cultural and biological constraints analysis includes only the list of proposed future Trails Master Plan projects provided by the City at the notice to proceed. Should additional projects be identified following initial review, a contract augment will be required. • For cost-estimafing purposes, it is assumed that once initiated, HELIX'S work will not be put on hold by the City. Stopping and starting work could result in inefficiencies and extra costs. • Once preparafion ofthe technical analyses has begun, no changes to the project design or scope of services will occur such that re-analysis will be required, such changes would be put in wrifing by the City and a contract amendment prepared. SCHEDULE HELIX will provide a draft copy of the technical reports for City review within 45 calendar days following authorization to proceed and receipt of the above requested project informafion. COST ESTIMATE AND PAYMENT PROCEDURES The total fee payable for work described in the Scope of Services secfion of this Agreement will not exceed $10,000. A breakdown of 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 Schedule of Fees. Payment terms are net 30 days pursuant to the Terms and Condifions listed in Exhibit A and incorporated herein. TABLE 1 FEE ALLOTMENT ENVIRONMENTAL ANALYSIS FOR THE TRAILS MASTER PLAN TASK GROUP FEE Constraints Analysis $8,800 Coordination and Management $1,200 TOTAL (Not-to-Exceed) $10,000 City Attorney Approved Version 4/1/15 SCHEDULE OF FEES HELIX Emimnmental Planning Consulting Services Consulting services performed by HELIX typically indude, but are not necessarily limited to, office, field, meetings, liearings and travel time. Consulting services for expert witness revievi, deposition, and/or testimony will be provided at one and one-half times our professional rates. Direct Costs Certain identifiable direct costs will be charged to the project at cost plus ten percent Examples of direct coste include subconsultants, vehicle or equipment rentals, airplane and train fares, pari<ing, per diem and lodging, mileage, communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25.00 per project day. There wiil be additional charges for plotting, color printing, aerial photographs and GPS services. Payment Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt If payment Is not paid when due, then such sum shall bear interest at 1K % per month on the unpaid balance, not to exceed the maximum legal rate of interest Professional Rates Current houriy rates for consulting sen/ices: Principal $205.00-215.00 Principal Planner $180.00-205.00 Principal Biologist $180.00-205.00 Principal Permitting Specialist $170.00-200.00 Sr. Project Manager l-lll $140.00-175.00 Sr. Acoustician $160.00-175.00 Sr. Air Quality Specialist $160.00-175.00 Sr. Environmental Specialist $150.00-165.00 Noise/Air Quality Specialist $135.00 Environmental Specialist l-lll $85.00-150.00 Environmental Compliance Specialist $95.00 Project Manager $105,00-140.00 Archaeology Field Director $80,00 Staff Archaeologist $80.00 Archaeology Field Crew $75,00 Sr. Archaeologist $125.00 Historian $70.00-125.00 Environmental Planner l-lll $80.00-100.00 Environmental Analyst $65.00-75.00 Sr. Scientist $120,00-175,00 Biologist l-V $70,00-110.00 Assistant Biologist $50.00-60,00 Sr. Landscape Architect 1-i 11 $150.00-180,00 Project Landscape Architect l-lll $100.00-140.00 Assistant Landscape Designer $70.00-100.00 Sr. GIS Specialist $105,00-145.00 GIS Specialist l-lll $75.00-100,00 GIS Technician $50.00-60,00 Graphics $110.00 Document Coordinator $80.00 Technical Editor $70.00-90,00 Operations Manager $85,00 Word Processor l-lll $65,00-80.00 Clerical $60.00 inge on a yeariy basis