HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
March 4, 2025
Yu Tagai
City of Lake Elsinore
130 S Main Street
Lake Elsinore, CA 92530
[email protected] | 951-674-3124 (x246)
Subject: Letter Proposal/Agreement to Provide Environmental Services for the Murrieta Creek Multi-Use Trail Construction Project
Dear Mr. Tagai:
HELIX Environmental Planning, Inc. (HELIX) is submitting this letter proposal/agreement (Agreement) to the City of Lake Elsinore (City) to provide environmental services for the Murrieta Creek Multi-Use Trail Construction Project (project) located in the City of Lake Elsinore, Riverside County, California. The project includes the construction of a multi-use trail within the vicinity of Murrieta Creek and Lake Elsinore.
SCOPE OF SERVICES
Environmental services consist of pre-construction surveys, environmental monitoring, and implementation, maintenance, and monitoring of restoration and revegetation of temporarily impacted areas. In addition, the project will implement the Habitat Mitigation and Monitoring Plan as mitigation for project impacts.
Task 1 Protocol Burrowing Owl Surveys. HELIX will conduct an updated habitat assessment for burrowing owls for the project site and a 500 foot buffer. The buffer and project area result in a total survey area of approximately 150 acres within California Department of Fish and Wildlife (CDFW) habitat, some of which is not suitable burrowing owl habitat. As suitable burrowing owl habitat is known to occur in the project area, HELIX will conduct a presence/absence survey for burrowing owl (Athene cunicularia) in compliance with the project Streambed Alteration Agreement (SAA, EPIMS-RIV-43632-R6). As specified in the SAA, the surveys will be conducted in accordance with the 2006 Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Burrowing Owl Survey Instructions. The SAA also requires the survey to occur between 30 and 60 days prior to the start of project impacts. A minimum of one site visit must occur, but up to four visits may be required depending on the results of the first site visit. HELIX anticipates four surveys will be required, based on the previous work conducted. HELIX estimates that the survey area of the project site and a 500 foot buffer includes less than 90 acres of potential burrowing owl habitat. The surveys are to occur during the breeding season (March 1 through August 31) at least one week apart, and between 30 to 60 days prior to the start of the project impacts. A report of the survey results will be submitted electronically to the City and CDFW within 10 days of the last survey and no less than 21 days prior to the start of project activities.
Letter Agreement to Mr. Yu Tagai Page 2 of 7
March 4, 2025
Task 2 Pre-construction Burrowing Owl Survey. As required pursuant to the Western Riverside County MSHCP and project mitigation measure BIO-2, HELIX will conduct a pre-construction burrowing owl survey to confirm the presumed absence of the species within potential impact areas of the project. The survey will be conducted in accordance with the March 29, 2006, Burrowing Owl Survey Instructions for the Western Riverside County MSHCP Area. The pre-construction survey is required to occur within 30 days prior to project impacts and consists of a single visit.
A letter report with appropriate maps will be provided to the City via e-mail for submittal to the City. A positive survey will require that burrowing owl be avoided and or relocated and burrowing owl plan describing avoidance, relocation, monitoring, minimization and mitigation measures be approved by CDFW. This task does not include a burrowing owl plan. If required, additional authorization would be required to prepare a burrowing owl plan.
Task 3 Pre-Construction Nesting Bird Survey. HELIX will conduct a pre-construction nesting bird survey to determine if active nests are present on or adjacent to the project site. The survey will be conducted within three days prior to initiating activities. The project SAA Measure 2.11 requires the survey to be conducted year-round in areas of CDFW jurisdiction (below the 1,265 foot level). The project mitigation measure Bio-3 requires preconstruction nesting bird surveys to be conducted prior work starting during the breeding season of January 15 to September 15 for the entire alignment. Due to the linear nature of the project, it is anticipated that the timing of the vegetation removal will require multiple surveys. This task includes up to three surveys.
The surveys are anticipated to cover a directed search of approximate 60 acres survey comprised of the project area, and up to a 100-foot buffer. Due to overlap of habitat each of the three surveys is anticipated to cover up to 30 acres. Nesting habitat between 100 and 500 feet from the project alignment will be surveyed via binoculars where trees with potential to support nesting raptors occur. Adjacent developed habitat is to be surveyed via binoculars where appropriate. HELIX will provide a brief letter report to the City describing the survey methods and results of the survey, including a map of active nest(s) found during the survey and corresponding setback buffer from the active nest based on the project requirements, species, nest location, and other environmental factors.
An additional pre-construction survey would be required if ground disturbance does not initiate within three days of the pre-construction survey date, which would require additional authorization from the City. This task does not include additional site visits to conduct nest monitoring, determine the status of nests, or time to coordinate with the resource agencies.
Due to the time required to determine species, specific nest locations and setting up a buffer, and coordination with the team, this task assumes that no more than five active nests will be identified during the pre-construction nesting bird survey, if more than five nests are located an additional authorization would be required.
Task 4 Paleontological Resources Monitoring and Treatment Plan. For compliance with project Mitigation Measure GEO-1, as a subconsultant to HELIX, the Paleo Services department of the San Diego Natural History Museum (SDNHM) will provide qualified paleontologists to develop a Paleontological Resource Monitoring and Treatment Plan (PRMTP) that will be submitted to the City for approval by the Community Development Director. The qualified paleontologist will monitor the construction activities in accordance with the PRMTP. This task includes 30 days of paleontological monitoring and attendance of meetings over an eight-month period, for a total of 240 hours. This task assumes that fossils will not be discovered. Should fossils be found during the project an additional authorization would be required to cover the cost of processing and preservation of the fossils if required. A post-construction report is included.
Letter Agreement to Mr. Yu Tagai Page 3 of 7
March 4, 2025
Task 5 Worker’s Education Awareness Program Brochure and Training. In accordance with SAA Measure 2.8, HELIX will prepare a Worker’s Education Awareness Program (WEAP) brochure/fact sheet that will be provided to project personnel during the pre-construction meeting. The WEAP brochure will contain biological information and photographs of the sensitive biological resources that may occur on the project site. It will also contain a brief summary of the general restrictions during construction, requirements prior to commencing and after work finishes each day, invasive species education, contact information for biological, cultural, paleontological monitors, and the Designated Biologist. The WEAP brochure will be provided in English and Spanish. HELIX will give an education training presentation (in English) to the persons employed or otherwise working on the project. The City will be responsible for providing a translator for the WEAP, if needed. This task includes up to 35 copies (30 in English and five in Spanish) of the brochure and up to two training sessions.
Task 6 Cultural Resources (Archaeological) Construction Monitoring. HELIX will provide archaeological monitoring per the requirements of the project’s Mitigation Monitoring and Reporting Program (MMRP), specifically Mitigation Measures CUL-1, CUL-2, and CUL-5. This scope includes preparation of a Cultural Resources Monitoring Program (CRMP) in consultation with the consulting tribe and for submittal to the Community Development Director; cultural sensitivity training by a qualified archaeologist at a preconstruction meeting; and monitoring of all initial ground-disturbing activities, including brushing/grubbing, tree removal, trenching, and grading, by a qualified archaeological monitor; daily monitoring notes; and preparation of a monitoring letter report (Phase IV report).
Should any cultural material be encountered, the archaeological monitor will stop work within a 100-foot radius and immediately inform HELIX’s principal investigator, the consulting tribe (if a tribal monitor is not present), and the City. Once the archaeologist and the consulting tribe have examined the cultural material, the significance of the discovery shall be discussed with the Community Development Director. If cultural material is identified it may need to be evaluated and treatment/disposition determined. Additional excavation or other research may be required, which may result in additional costs, requiring additional authorization. The scope and cost of additional work would depend on the nature and extent of cultural material encountered. We will notify you immediately if cultural material is encountered.
This scope assumes 40 nine-hour days (360 hours) of monitoring by an archaeologist; this time includes travel to the project site and daily notes. If additional days of monitoring are required to stay in compliance with the MMRP, you will be notified immediately, and additional authorization will be required.
Task 7 Tribal Coordination. Tribal cultural monitors will be retained directly by the City, and that scope and cost are not included in this proposal. However, HELIX cultural resources staff will coordinate with the consulting tribe to keep them apprised of the grading and monitoring schedule and informed of any discoveries that may occur when a tribal monitor is not present.
Sixteen hours of a cultural resources project manager’s time are assumed over the six to eight month construction period.
Task 8 Biological Construction Monitoring. Under this task, HELIX will provide construction monitoring to help keep activities within the approved project limits. The monitoirng will be conducted as required by SAA Measures 2,2, 2.5, 2.6, 2.7, and 2.9. Included in this construction monitoring are the following tasks to be carried out by HELIX:
a) Pre- Post- and during construction photo documentation; b) Supervise the placement of fencing along the approved limits of disturbance;
Letter Agreement to Mr. Yu Tagai Page 4 of 7
March 4, 2025
c) Help keep construction activities and staging areas are restricted to the approved development area;
d) Monitor construction activities (as needed) so that construction does not encroach into biologically sensitive areas beyond the approved limits of disturbance; e) Assist with inspection of equipment as it arrives to project site; f) Conduct daily clearance surveys of the project area prior to project activities to avoid impacts to non-listed terrestiral wildlife;
g) Monitor the best management practices throughout construction; h) Verify that the area outside the established limits of disturbance remains free of trash, parking, or other construction-related activities.
For cost estimate purposes, an eight month construction monitoring period has been assumed with a total of 160 site visits (900 monitoring hours total) by one designated biologist.
Monitoirng visits are anticipated to be between four and eight hours a day (including travel) depending upon construction activites. Biological construction monitoring will include attending a pre-construction meeting, presenting the environmental training to new crews throughout the project timeframe, as well as ongoing biological construction monitoring including full-time monitoring during project vegetation clearing and daily morning visits within CDFW jurisidction. If additional hours of monitoring are required, additional authorization would be provided.
Task 9 Management/Meetings and Agency Liaison. HELIX has assumed 90 hours of Sr. Scientist, Project Manager, and Principal Biologist time for management/meetings with the project team, and other applicable agencies, and related advisory services. This task includes submitting the names and qualifications of Designated Biologists, biological monitors, and other qualified personnel to be pre-approved by CDFW prior to surveys as required by the SAA.
Commencement of construction notifications to CDFW and Regional Water Quality Control Board (RWQCB) and a single RWQCB annual report to are included in this task. The RWQCB annual report is due on December 6th each year until sign-off of restoration activities. If the City requests additional services that cause HELIX to exceed the time allocated for this task, additional authorization would be required.
Optional Tasks
Task 10 Bird Nest Monitoring. If an active bird nest is identified as part of the pre-construction bird survey described in Task 5, HELIX will conduct daily nest monitoring including documentation of the stage of reproduction and expected fledge date per SAA Measure 2.11.4. This task provided up to three hours a day (including travel time) of nest monitoring for up to six weeks (30 days).
This task also includes submitting weekly reports regarding the status of the nest(s) to CDFW.
Only the hours used will be billed. When appropriate, the nest monitoring biologist can also conduct the required biological construction monitoring duties to aid in cost reduction. If additional monitoring is required beyond the assumed hours, additional authorization would be required.
Task 11 Least Bell’s Vireo Protocol Surveys. For compliance with SAA Measure 2.12, if construction activities are proposed to occur within 1,000 feet of potential least Bell’s vireo (Vireo bellii pusillus) habitat during the breeding season (April 10 to August 31), then protocol surveys are required to determine the presence/absence of least Bell’s vireo. HELIX will conduct surveys for the federally and state listed endangered least Bell’s vireo within appropriate habitat within 1,000 feet of project impacts. The surveys will follow the most current U.S. Fish and Wildlife Service (USFWS) protocol, which requires eight surveys at least ten days apart, between April 10 and July 31. As required under the USFWS protocol for conducting vireo surveys, HELIX will
Letter Agreement to Mr. Yu Tagai Page 5 of 7
March 4, 2025
submit a final report to the USFWS and CDFW within 45 days after completing the final survey.
Survey results data will also be provided to the U.S. Geological Survey Riparian Bird Working Group. If least Bell’s vireo are present and work is proposed to occur within 500 feet of a least Bell’s vireo nest, additional mitigation measures, including obtaining California Endangered Species Act (CESA) authorization, are required. This task does not include implementation of the additional measures or obtaining CESA authorization. No additional measures are required if work within 500 feet of occupied least Bell’s vireo habitat can be avoided.
SCHEDULE
HELIX will 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 Agreement.
COST ESTIMATE AND PAYMENT PROCEDURES
HELIX submits this cost estimate not to exceed $304,100 without option tasks, or $331,100 with optional tasks, which is provided below in a breakdown by task. All work shall 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 Burrowing Owl Surveys $15,400
2 Pre-construction Burrowing Owl Survey 6,550
3 Pre-Construction Nesting Bird Surveys 12,400
4 Paleontological Resources Monitoring and Treatment Plan 37,100 5 Worker’s Education Awareness Program Brochure and
Training
8,850
6 Cultural Resources (Archaeological) Construction Monitoring 46,500 7 Tribal Coordination 2,500
8 Biological Construction Monitoring 154,900
9 Management/Meetings and Agency Liaison 19,900
Subtotal without Optional Tasks $304,100
Optional Tasks
10 Bird Nest Monitoring $11,950
11 Least Bell’s Vireo Protocol Surveys 15,050
Subtotal with Optional Tasks $331,100
ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations are a material component of this Agreement. • 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 public meetings, biological surveys not specifically described above, and/or permit preparation and processing (“additional work”) are not included within the scope of services required of HELIX under this Agreement.
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March 4, 2025
• City will pay any required CDFW environmental review fees and County filing fees. • City will identify all potential off-site components associated with the project prior to HELIX conducting the site assessment.
• Native American monitoring will be contracted directly by the City and is not included in this scope of work.
• Assumes that the cultural resources and paleontological monitoring will be negative and a letter report will be sufficient documentation of the monitoring effort. If cultural and/or paleontological material is encountered, it may need to be evaluated and treatment/disposition determined. Additional excavation or other research may be required, which may result in additional costs, requiring additional authorization. The scope and cost of additional work would depend on the nature and extent of cultural material encountered. We will notify you immediately if cultural material is encountered.
• HELIX is committed to meeting accessibility requirements for the ADA and Section 508 of the Rehabilitation Act for public-facing digital document deliverables.
EXECUTION OF AGREEMENT
This quote is good for 30 days from the date of this letter. This Agreement will become a contract upon HELIX’s receipt of this original, including any Exhibits, signed by an authorized representative of the City.
We look forward to working with you on this project. If you have any questions concerning this Agreement, please contact your Project Manager Rob Hogenauer at (562)537-2426 or [email protected], or me at (619) 462-1515 or [email protected].
Sincerely,
Karl Osmundson
Biology Division Manager/Principal Biologist
Enclosures: Exhibit A, Terms and Conditions
Exhibit B, Schedule of Fees
Letter Agreement to Mr. Yu Tagai Page 7 of 7
March 4, 2025
I hereby authorize HELIX to begin work in accordance with this Agreement and the attached Terms and Conditions and Schedule of Fees.
CITY OF LAKE ELSINORE
A ____ corporation, OR a ____ limited liability company, OR a ____ general partnership or limited partnership (select one).
Signed by: Printed:
Title: Date:
To expedite Agreement processing, the following information is required:
Project Manager Accounts Payable
Name: Contact/Name:
Address
(if different
from p.1)
Address
(if different
from p.1)
Phone: Phone:
Email:
Email:
Murrieta Creek Multi-Use Trail Construction
Please email/mail the signed Agreement and all pages to your HELIX Project Manager. If using your own contract format, please attach and return it with this Agreement.
For retainer payment, please remit to Stephanie Johnston, Controller:
Address: HELIX Environmental Planning, Inc.
ATTN: Controller
7578 El Cajon Boulevard
La Mesa, CA 91942
Email/Phone: [email protected] | (619) 462-1515
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.