HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
February 7, 2025 00987.00010.001
Nancy Huynh, Principal Planner
City of Lake Elsinore
Community Development Department, Planning Division
130 South Main Street
Lake Elsinore, CA 92530
Subject: Contract Augment to Provide Additional Environmental Consulting Services for the Dexter Village Project
Dear Ms. Huynh:
HELIX Environmental Planning, Inc. (HELIX) is submitting this contract augment (Augment) to the City of Lake Elsinore (City) to provide additional environmental consulting services for the Dexter Village project (formerly The Cove) located in the City of Lake Elsinore, Riverside County. Under our original contract dated May 9, 2023, HELIX outlined its services, including peer review of technical studies, preparation of environmental compliance documentation pursuant to the California Environmental Quality Act (CEQA), and associated project management and meeting attendance (Tasks 1 through 5). HELIX completed peer review of technical studies (Task 1) and the screencheck Draft Initial Study/Mitigated Negative Declaration (IS/MND) under Task 2, as well provided ongoing project management (Task 4) and meeting attendance (Task 5). Subsequently, the project was redesigned from residential and office land uses to only residential. As such, updated technical studies were prepared for the redesigned project, which necessitates peer review. The Draft IS/MND also needs to be revised to address the redesigned project.
Additional project management and meeting/hearing time are also requested.
The following scope of services would provide contract authorization for additional work conducted under Task 1 (Peer Review of Technical Studies), Task 2 (Draft Environmental Compliance Documentation), Task 4 (Project Management), and Task 5 (Meetings).
SCOPE OF SERVICES
Task 1 Peer Review of Draft Technical Studies
HELIX will conduct a peer review of the first draft of the revised technical studies addressing the following:
• Air Quality/Greenhouse Gas (GHG) Emissions/Energy;
• Biological Resources;
• Cultural Resources;
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• Noise; and
• Paleontological Resources.
It is assumed that the Phase 1 Environmental Site Assessment prepared for the former project (The Cove) is sufficient for the redesigned project and thus, does not require an update or associated peer review.
The first draft of the technical studies identified above, prepared by the applicant’s consultant, will be provided to HELIX (including the technical report and any technical appendices) in electronic format (PDF and Word). HELIX technical specialists will review the first draft technical reports for content, focusing on the scope and adequacy of the technical report to support the CEQA impact analysis for the project. Comments will be provided to the City via an electronic version (Word) in tracked changes format, as well as an electronic version (Excel) of a consolidated technical studies comment matrix in a format acceptable to the City.
HELIX will review one subsequent version of the revised technical reports to confirm that revisions have been incorporated to the satisfaction of the reviewer and City staff. This task also includes HELIX team reviewers’ attendance at one, one-hour comment resolution virtual meeting with City staff and the project applicant’s consultant(s), if required.
Task 2 Draft Environmental Compliance Documentation
HELIX will prepare a revised screencheck Draft IS/MND for the redesigned project. The City or project applicant will provide HELIX with an updated project description, project plans, and all technical studies needed to complete the revised Draft IS/MND, including, but not limited to, air quality/GHG emissions/energy, noise, cultural resources, paleontological resources, biological resources, hazardous materials, transportation, geotechnical, and hydrology/water quality. The City will also provide HELIX an updated list of cumulative projects to include for the cumulative analysis in the IS/MND. Other assumptions and deliverables identified in our original contract for Task 2 remain the same.
Task 4 Project Management
HELIX is requesting an additional 18 hours of HELIX Project Manager time over a six-month period to provide ongoing project management associated with the CEQA review process for the redesigned project.
Task 5 Meetings and Hearings
HELIX’s Project Manager will participate in up to 10 bi-weekly coordination meetings (assuming each meeting is virtual and 30 minutes in duration) with City staff and the project applicant. HELIX will attend two additional project meetings (assuming each meeting is virtual and one hour in duration) to discuss more in-depth issues, such as comments on the IS/MND. Additionally, if requested by City staff, HELIX will attend up to two public hearings (assuming each hearing is in-person and six hours in duration, including travel time) for the project. No presentation or presentation materials will be required of HELIX at the public hearings.
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ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF SERVICES The following assumptions and limitations are a material component of this Scope of Services. • City will provide HELIX with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. • Costs associated with additional analysis, meetings, permits, and other services not specifically stated above (“additional work”) are not included within the scope of services required of HELIX under this Scope of Services.
• Additional changes to the project design or plans once preparation of the revised Draft IS/MND has begun may result in the need for a contract augment to revise the project description, analyses, graphics, etc.
• City is responsible for ensuring that technical reports that are provided to HELIX for the public record by any party not under subcontract to HELIX are consistent with the document accessibility requirements of the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and any similar requirements.
• HELIX is committed to meeting accessibility requirements for the ADA and Section 508 of the Rehabilitation Act for public-facing digital document deliverables. Information presented from third-party sources (e.g., California Emissions Estimator Model outputs) and documents prepared using the strike-out underline feature, a standard for annotation of final CEQA documents, may not achieve the full level of accessibility.
SCHEDULE
HELIX will continue to work with the City in a timely and professional manner in accordance with the Terms and Conditions attached and incorporated herein by reference as Exhibit A. These Terms and Conditions are a material part of this Augment.
COST ESTIMATE AND PAYMENT PROCEDURES
HELIX submits this cost estimate not to exceed $35,400 (a breakdown of which is provided below), which brings our currently authorized amount from $53,400 to $88,800. All work shall continue to be invoiced on a time and materials basis pursuant to Exhibit B, Schedule of Fees. Payment terms are net 30 days pursuant to the Terms and Conditions referenced herein.
Task Number Task Name Cost
1 Peer Review of Technical Studies $9,600
2 Draft Environmental Compliance Documentation 15,500
6 Project Management 4,900
5 Meetings and Hearings 5,400
TOTAL $35,400
A
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CLOSING
This quote is good for 30 days from the date of this letter.
If you have any questions concerning this Augment, please contact your Project Manager, Tim Belzman, at (619) 462-1515 or [email protected].
Sincerely,
A
ndrea S. Bitterling
Planning Division Manager
Enclosures: Exhibit A, Terms and Conditions
Exhibit B, Schedule of Fees
EXHIBIT A
TERMS AND CONDITIONS
The following Terms and Conditions are made a part of the letter agreement/proposal (Agreement) between HELIX and Client and supersede any conflicting Terms and Conditions proposed by Client, unless HELIX agrees to such Terms and Conditions in writing.
ARTICLE 1. SCOPE OF WORK AND STANDARD OF PERFORMANCE
HELIX will perform the work outlined in the Agreement and any services approved by Client under Article 3 (the Services). HELIX will strive to perform the Services in a manner consistent with that level of care and skill ordinarily exercised by reputable members of HELIX’s profession practicing at the time under similar conditions in the geographic area of Client’s project. HELIX makes no other representation, expressed or implied, nor no other warranty or guarantee under this Agreement or in any report, opinion or document provided hereunder.
ARTICLE 2. COMPENSATION
Client agrees to pay HELIX compensation for the Services in accordance with the rates set forth in Exhibit B. HELIX shall invoice Client monthly or as otherwise agreed. Client agrees to pay HELIX within thirty (30) days of the date of invoice. If payment is not paid when due, then such sum shall bear interest at 1½ percent per month on the unpaid balance, not to exceed the maximum legal rate of interest.
ARTICLE 3. CHANGES AND ADDITIONAL WORK
Client may request or HELIX may recommend or request, verbally or in writing, a change in the scope in excess of or in addition to the Services (“additional work”). As soon as practical after such request or recommendation, HELIX shall forward to Client a proposal of the costs for such additional work and any adjustment to the payment schedule and time for performance. Client shall approve or disapprove the proposal, in writing. If approved, HELIX shall perform the extra work in accordance with the Terms and Conditions herein.
Notwithstanding the foregoing, however, if Client verbally approves the extra work and HELIX has performed the same, then Client agrees to pay HELIX the amount and pursuant to the payment schedule as set forth in its proposal.
ARTICLE 4. LIMITATION OF LIABILITY
Recognizing the relative risks and benefits of the project for which the Services are being performed, Client agrees to limit the liability of HELIX, its directors, officers, employees, agents, and subcontractors for any and all injuries, claims, losses, expenses, or damages (including incidental or consequential damages) arising out of or in any way related to the Services or the project hereunder, to the lesser of (a) fifty thousand dollars ($50,000) or (b) the total compensation for the Services hereunder. Such liability includes HELIX’s negligence, errors or omissions, strict liability, and breach of contract or warranty. Any claim against HELIX hereunder shall be brought within one (1) year of the completion of the Services herein.
ARTICLE 5. TERMINATION
Either party may terminate this Agreement, either in whole or in part, without cause, by giving the other party thirty (30) days written notice. In such event, Client will pay HELIX for all work performed by it prior to the notice of termination.
In the event of a default, the non-defaulting party shall give the defaulting party ten (10) days’ written notice of default. “Default” includes Client’s failure to pay HELIX sums due, including additional work pursuant to Article 3. The defaulting party’s failure to cure the breach within said ten- (10-) day period shall constitute a material breach of this Agreement and termination of the Agreement.
ARTICLE 6. SUSPENSION OF WORK
Client may suspend the Services, in whole or in part, by giving HELIX reasonable, written notice specifying the work to be suspended.
Upon receipt of notice, HELIX shall suspend the work requested and Client shall pay for all Services through the date of suspension and any costs incurred by HELIX in suspending the work.
Thereafter, Client may notify HELIX of its intent to recommence the suspended Services. HELIX will promptly provide Client with any adjusted costs and schedule and, upon Client approval, HELIX shall recommence the Services previously suspended.
ARTICLE 7. PROPRIETARY INFORMATION
HELIX agrees not to disclose to any third person, nor use for the benefit of anyone other than Client, any data, records, financial information, or other confidential or proprietary information, marked as such in writing, arising out of or related to the performance of the Services (Proprietary Information). Client similarly agrees not to disclose to any third person, nor use for the benefit of anyone, Proprietary Information of HELIX.
ARTICLE 8. COMPLIANCE WITH LAWS
HELIX shall comply with and observe applicable federal, state, and local laws, ordinances, rules, and regulations having jurisdiction over HELIX or the performance of the Services in effect during the term of this Agreement.
ARTICLE 9. FORCE MAJEURE
Client will grant extensions of time and increase the compensation to HELIX to the extent that HELIX’s performance hereof is delayed due to an uncontrollable force. The term “uncontrollable force” shall mean any cause beyond the control of HELIX making it impracticable or unable to perform such obligation, including but not limited to natural catastrophes, restraint by court order or public authority, and action or nonaction by, or inability to obtain the necessary authorizations or approvals from, any governmental agency or authority which, by exercise of due diligence, HELIX (a) could not reasonably have been expected to obtain or (b) has been unable to overcome. HELIX will notify Client immediately of any such delay or anticipated delay, and Client will extend the date of performance for a period equal to the time lost by reason of the delay and will make an equitable adjustment to the compensation in Article 2.
TERMS AND CONDITIONS
ARTICLE 10. INSURANCE
HELIX maintains the following insurance: (a) Workers’ Compensation insurance – statutory limits; (b) Comprehensive Automobile Insurance – combined bodily injury and property damage limit of one million dollars ($1,000,000) each occurrence; (c) Comprehensive General Liability Insurance – combined bodily/personal injury and property damage limit of one million dollars ($1,000,000); (d) Professional Liability & Contractors Pollution Legal Liability – limit of one million dollars ($1,000,000) each occurrence; and (e) Excess Umbrella Liability – limit of two million dollars ($2,000,000) each occurrence. Upon Client’s request, HELIX will furnish evidence that such insurances are in effect. If additional coverage or increased limits of liability is desired, Client may make such request prior to the start of work. HELIX will attempt to obtain the requested coverage or limits, and Client agrees to pay for any additional costs of insurance within ten (10) days of the date of invoice.
ARTICLE 11. AVAILABILITY OF LAND, DATA, AND DIFFERING SITE CONDITIONS (for contracts involving field or construction services)
Client shall furnish the site or obtain access to any site not owned by Client. Client shall notify HELIX of any encumbrances or restrictions specifically related to use of the site with which HELIX must comply in performing the Services. Client will obtain in a timely manner and pay for any fees or charges associated with site access or the encumbrances. Client shall furnish HELIX with a current legal description of the lands upon which the Services are to be performed and Client’s interest therein as necessary for giving notice of or filing a mechanic’s lien against such lands.
HELIX may rely upon the accuracy of the data contained in Reports and Drawings furnished to it by Client or Client’s engineer. Reports and Drawings are defined as (a) reports of explorations and tests of subsurface conditions at or contiguous to the site that have been used by the engineer in documents provided to HELIX; and (b) drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (including underground facilities) that Client or Client’s engineer has used in preparing documents provided to HELIX.
If HELIX believes that any subsurface or physical conditions at or contiguous to the site that are uncovered or revealed either (a) is of such a nature as to establish that data on which HELIX is entitled to rely as provided above is materially inaccurate; or (b) is of such a nature as to require a change in the contract; or (c) differs materially from that shown or indicated in documents provided to HELIX by Client or others; or (d) is of an unusual nature and differs materially from conditions ordinarily encountered in work of the character provided for in this contract, then HELIX shall promptly, after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any work in connection therewith (except in the event of an emergency), notify Client or its engineer in writing about such conditions. Thereafter, Client or Client’s engineer will investigate the conditions. If the existence of the differing site conditions causes an increase in HELIX’s cost of or time required for performance of the work, HELIX will receive an equitable adjustment to the contract price and schedule.
HELIX will not be responsible for any hazardous environmental conditions uncovered or revealed at the site. If such conditions are encountered, HELIX shall immediately stop all work and notify Client or Client’s engineer. HELIX shall not be required to resume work in connection with such conditions until Client has obtained any required permits and advised HELIX in writing of such conditions and any affected area is or has been rendered safe for the resumption of work; or has specified any special conditions under which such work may be resumed safely; and HELIX shall receive an adjustment to the contract schedule and price accordingly.
ARTICLE 12. GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by and pursuant to the Commercial Rules of the American Arbitration Association then in effect. Any such proceedings shall take place in San Diego, California. In any action or proceeding hereunder, the prevailing party shall be entitled to recover attorneys’ fees, filing fees, expert witness fees, and other costs of arbitration or suit.
ARTICLE 13. NOTICES
Any notice from one party to another shall be in writing and delivered personally, by facsimile or by United States mail, registered or certified, return receipt requested, postage fully pre-paid, to the addresses as set forth in the Agreement to the attention of the signatory of this Agreement.
Any notice shall be deemed delivered upon personal service or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. If any party changes its address, such party shall notify the other party as provided in this article.
ARTICLE 14. MISCELLANEOUS
14.1 Successors and Assigns: This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors-in- interest, assigns, and transferees. Neither party can assign this Agreement without the prior written consent of the other party.
14.2 Counterparts: This Agreement may be signed in two or more counterparts, each of which shall constitute an original, but all of which shall be one in the same document.
With the Agreement, these Terms and Conditions and any attached Exhibits constitute the complete and entire contract between the parties and supersedes any previous communications, representations, or agreement, whether oral or written, with respect to the subject matter hereof.
EXHIBIT B
SCHEDULE OF FEES
HOURLY RATES
Principal $300-325 Director of Operations $220
Principal Planner $250-310 Safety Manager $215
Principal Biologist/Regulatory Specialist $235-310 Senior Construction Project Manager $260-310 Principal Noise/Air Quality Specialist $220-235 Construction Project Manager I-III $155-200 Principal Landscape Architect $220-250 Assistant Construction Project Manager $125 Principal Cultural Resources Specialist $220-250 Construction Foreman $104 Senior Noise/Air Quality Specialist $175-230 Land Manager $104 Senior Project Manager $185-230 Equipment Manager $104 Senior Environmental Planner $160-210 Operator $158
Senior Scientist/Regulatory Specialist $165-205 Irrigation Technician $140 Project Manager $145-$185 Senior Restoration Supervisor $153 Assistant Project Manager $100-145 Restoration Supervisor I-II $131-147 Regulatory Specialist $130-150 Assistant Restoration Supervisor $110 Environmental Compliance Specialist $195 Restoration Foreman $104 Environmental Planner $110-145 Restoration Lead $86
Biologist $120-165 Restoration Technician I-III $61-80 Noise/Air Quality Specialist $135-170 Nursery Manager $140 Senior Archaeologist/Architectural Historian $125-170 Nursery Technician $55 Senior Archaeology Field Director $135-145
Archaeology Field Director $125-135
Asst. Archaeology Field Director $95-120
Staff Archaeologist/Architectural Historian $90-135
Landscape Architect $140-190
Landscape Designer $110-140
Senior GIS Specialist $160-190
GIS Specialist/Graphics Specialist $115-150
Operations Manager $100-140
Technical Editor $115-125
Word Processor $90-100
Clerical $75-85
CONSULTING SERVICES Consulting services performed
by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings, and travel time. Consulting services for expert witness review , deposition, and/or testimony will be provided at one and one-half times our standard rates.
Overtime also may be charged at one and one-half times our standard rates. Rates are subject to change on a yearly basis.
PAYMENT Invoices will be submitted monthly. Payment on invoices is due within 30 days of receipt.
DIRECT COSTS Certain identifiable direct costs will be
charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or
equipment rentals, airplane and train fares, parking, per diem and lodging, mileage (at IRS rates), communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for use of noise monitors, GPS, and other field
equipment, as well as for plotting, color printing, and aerial photographs.