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San Diego Unified Port District
Document No.

Filed
AGREEMENT BETWEEN

5 4 ^ ^ ^

JAN P. 7 ynnq
Office of tlie District Clerk

SAN DIEGO UNIFIED PORT DISTRICT

and
HELIX ENVIRONMENTAL PLANNING, INC.
for
AS NEEDED ENVIRONMENTAL REVIEW SERVICES
The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT (District),
a public corporation and Helix Environmental Planning, Inc., a California Corporation
(Consultant). Both parties agree to the following:
1.

SCOPE OF SERVICES: Consultant shall furnish all technical and professional
labor, and materials to satisfactorily comply with Attachment A, Scope of
Services as requested by District. Consultant shall keep the Executive Director of
the District or his designated representative informed of the progress of said
services at all times.
1.1

As-Needed Services:

Consultant is aware that the services to be

provided under this Agreement are on an as-needed basis as determined
by the District. Consultant may or may not receive a request to provide
such services, and Consultant may not receive the maximum expenditure
of funds allocated for these services.
Consultant shall furnish all technical and professional labor, and materials
to satisfactohly comply with Attachment A: Scope of Services as
requested by District by issuance of specific Task Authorization and
agreed to by Consultant.
Services rendered under this Agreement shall be undertaken by
Consultant only upon issuance of a Task Authorization (TA) for said
services, in the forrnat as shown in the attached Exhibit A, by this
reference made a part hereof.

A Task Authorization shall not be

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Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

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considered effective until the Task Authorization form has been signed by
District's Director of Land Use Planning or designated representative.
2.

TERM OF AGREEMENT: This Agreement shall commence on January 6, 2009
and shall terminate on January 6, 2011 with a one-year option to extend at the
sole discretion of the District, subject to earlier termination as provided below.

3.

COMPENSATION: For performance of services rendered pursuant to this
Agreement and as further described in Attachment B, Compensation and
Invoicing; District shall compensate Consultant based on the following, subject to
the limitation of the maximum expenditure provided herein:
3.1

Maximum Expenditure. The aggregate amount of Agreement with
Consultant and agreement with Jones & Stokes Associates, Inc. and
Dudek,

District

Clerk

Document

Nos.

54453

and

, respectively, together shall not exceed $500,000.
Said expenditure shall include without limitation all sums, charges,
reimbursements, costs and expenses provided for herein.

Consultant

shall not be required to perform further services after compensation has
been expended. In the event that the Consultant anticipates the need for
services in excess of the maximum Agreement amount, the District shall
be notified in writing immediately. District must approve an amendment to
this Agreement before additionalfees and costs are incurred. In order to
provide adequate notice and time for amendment of this Agreement,
Consultant shall advise the District in writing when time and expenses
incurred reach $100,000 for each year of service.
3.2

Payment Procedure. For work performed on an hourly basis. Consultant
agrees to assign the person with the lowest hourly rate who is fully
competent to provide the services required.

If Consultant finds it

necessary to have work, which would usually be performed by personnel
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Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

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 with a lower rate, performed by personnel paid at the higher hourly rate,
Consultant shall nevertheless, bill at the lower rate.
3.3

Progress Documentation.

Consultant shall provide District progress

reports in a format and on a schedule as District directs. Progress reports
shall include a description of work completed, cumulative dollar costs
incurred, anticipated work for the next reporting period, percentage of
work complete, and the expected completion date for remaining work.
The report shall identify problem areas and important issues that may
. affect project cost and/or schedule.

The report shall present actual

percent completion versus planned percent completion.
3.4

Task Authorizations. A Task Authorization shall be issued for-services
required for the completion of the services specified in this Agreement.
For performance of Additional Services, District shall compensate
Consultant using the terms and conditions in Attachment B, Compensation
and Invoicing.

If Services are required, they shall be undertaken by

Consultant only upon issuance of a Task Authorization (TA), Exhibit A, for
said services.
An estimate of the level of effort shall be submitted to the District and
negotiated for each Task Authorization.

Pricing of each Task

Authorization shall be governed by the cost and pricing information
attached hereto and made a part of this Agreement as Attachment B,
Compensation and Invoicing.
A Task Authorization shall not be considered effective until the Task
Authorization form has been signed by District.
Consultant shall bill for Services rendered in accordance with the terms of
payment, including the documentation required in this Agreement.

In

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Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

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 addition, invoices for Services rendered shall cite the appropriate Task
Authorization (TA) number.
4.

RECORDS: In accordance with generally accepted accounting principles.
Consultant shall maintain full and complete records of the cost of services
performed under this Agreement. Such records shall be open to inspection of
District at all reasonable times in the City of San Diego and such records shall be
kept for at least three (3) years after the termination of this Agreement.
Such records shall be maintained by Consultant for a period of three (3) years
after completion of services to be performed under this Agreement or until all
disputes, appeals, litigation or claims arising from this Agreement have been
resolved, whichever is later.
Consultant understands and agrees that District, at all times under this
Agreement, has the right to review project documents and work in progress and
to audit financial records, whether or not final, which Consultant or anyone else
associated with the work has prepared or which relate to the work which
Consultant is performing for District pursuant to this Agreement regardless of
whether such records have previously been provided to District. Consultant shall
provide District at Consultant's expense a copy of all such records within five (5)
working days of a written request by District. District's right shall also include
inspection at reasonable times of the Consultant's office or facilities, which are
engaged in the performance of services pursuant to this Agreement. Consultant
shall, at no cost to District furnish reasonable facilities and assistance for such
review and audit.

Consultant's failure to provide the records within the time

requested shall preclude Consultant from receiving any compensation due under
this Agreement until such documents are provided.

5.

CONSULTANT'S SUB-CONTRACTORS: It may be necessary for Consultant to
sub-contract for the performance of certain technical services or other services
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Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

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 for Consultant to perform and complete the required services; provided, however,
all Consultant's sub-contractors shall be subject to prior written approval by
District.

The Consultant shall remain responsible to District for any and all

services and obligations required under this Agreement, whether performed by
Consultant or Consultant's sub-contractors. Consultant shall compensate each
Consultant's sub-contractors in the time periods required by law.

Any

Consultant's sub-contractors employed by Consultant shall be independent
Consultants and not agents of District. Consultant shall insure that Consultant's
sub-contractors satisfy all substantive requirements for the work set forth by this
Agreement, including insurance and indemnification.
Listed below are the firms that the^ District has approved as Consultant's subcontractors to provide services under this Agreement:
NAME OF FIRM

TYPE OF SERVICES PROVIDED

Scientific Resources Associated
Merkel & Associates
ASM Affiliates, Inc.
Ninyo & Moore
San Diego Pilots Association
Linscott, Law & Greenspan, Engineers
Project Design Consultants

Air Quality
Marine Biology
Cultural resources
Geology and Hazardous Materials
Navigation
Traffic and Parking
Water Quality

Consultant shall also include a clause in its Agreements with Consultant's subcontractors which reserves the right, during the performance of this Agreement
and for a period of three (3) years following termination of this Agreement, for a
District representative to audit any cost, compensation or settlement resulting
from any items set forth in this Agreement.

This clause shall also require

Consultant's sub-contractors to retain all necessary records for a period of three
(3) years after completion of services to be performed under this Agreement or
until all disputes, appeals, litigation or claims arising from this Agreement have
been resolved, whichever is later.

Page 5 of 16
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

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 6.

COMPLIANCE: In performance of this Agreement, Consultant and "Consultant's
sub-contractors shall comply with the California Fair Employment and Housing
Act, the American with Disabilities Act, and all other applicable federal, state, and
local laws prohibiting discrimination, including without limitation, laws prohibiting
discrimination because of age, ancestry, color, creed, denial of family and
medical care leave, disability, marital status, medical condition, national origin,
race, religion, sex, or sexual orientation. Consultant shall comply with the
prevailing wage provisions of the Labor Code, and the Political Reform Act
provisions of the Government Code, as applicable.
Consultant shall comply with all Federal and State laws, and district Ordinances
and Regulations applicable to the performance of services under this Agreement
as exist now or as may be added or amended.

7.

INDEPENDENT ANALYSIS: Consultant shall provide the services required by
this Agreement and arrive at conclusions with respect to the rendition of
information, advice or recommendations, independent of the control and direction
of District, other than normal contract monitoring provided, however. Consultant
shall possess no authority with respect to any District decision beyond rendition
of such information, advice, or recommendations.

8.

ASSIGNMENT: This is a personal services Agreement between the parties and
Consultant shall not assign or transfer voluntarily or involuntarily any of its rights,
duties, or obligations under this Agreement without the express written consent
of Executive Director (President/CEO) of District in each instance.

9.

INDEMNIFICATION:
9.1

Indemnification for Non-Professional Services: To the fullest extent
provided by law with respect to all liability except liability for Professional
Services, covered under Section 9.2, the Consultant agrees to defend,
indemnify, protect and hold harmless District, its agents, officers and
Page 6 of 16

Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

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 employees, from and against any claim, demand, action, proceeding, suit
or liability for damages, costs (including reasonable attorneys' fees) or
expenses for damages to property or the loss of use thereof or injuries or
death to any person (including Consultant's employees), caused by,
arising out of or related to the performance of, Consultant as provided in
the Scope of Services, or failure to act by Consultant, its officers, agents,
and employees. The Consultant's duty to defend, indemnify, protect, and
hold harmless shall not include any claims or liabilities arising from the
active negligence, sole negligence or willful misconduct of District, its
agents, officers, or employees.
The Consultant further agrees that the indemnification, including the duty
to defend District, requires the Consultant to pay reasonable attorneys'
fees and costs District incurs that are associated with enforcing the
indemnification provision, and defending any claims, demands, or
liabilities arising from the services of the Consultant performed pursuant to
this Agreement.
District may, at its own election, conduct its defense, or participate in the
defense of any claim demand related in any way to the Agreement. If
District chooses at its own election to conduct its own defense, participate
in its own defense or obtain independent legal counsel in defense of any
claim, demand or liability related to Consultant's Scope of Services, the
Consultant agrees to pay the reasonable value of attorneys' fees and all of
District's costs associated with its defense.
9.2

Indemnification for Professional Services:

To the fullest extent

provided by law, the Consultant agrees to defend, indemnify, protect and
hold harmless District, its agents, officers and employees from and against
any and all claims, demands, liability for any damages, costs (including
reasonable attorneys' fees and costs), or expenses, arising from the
"~

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[

'.

Page 7 of 16

Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

7

 actions or omissions of the Consultant as provided in the Scope of
Services. The Consultant's duty to defend, indemnify, protect, and hold
harmless shall not include any claims or liabilities arising from the active
negligence, sole negligence or willful misconduct of District, its agents,
officers, or employees.
The Consultant further agrees that the indemnification, including the duty
to defend District, requires the Consultant to pay reasonable attorneys'
fees and costs District incurs that are associated with enforcing the
indemnification provision, and defending any claims, demands, or
liabilities arising from the services of the Consultant performed pursuant to
this Agreement.
District may, at its own election, conduct its defense, or participate in the
defense of any claim or demand related in any way to the Agreement. If
District chooses at its own election to conduct its own defense, participate
in its own defense or obtain independent legal counsel in defense of any
claim, demand or liability related to the Scope of Services, the Consultant
agrees to pay the reasonable value of attorneys' fees and all of District's
costs associated with its defense.
10.

INSURANCE REQUIREMENTS: Consultant shall at all times during the term of
this Agreement maintain, at its expense, the following minimum levels and types
of insurance:
10.1

Commercial General Liability (including, without limitation. Contractual
Liability, Personal and Advertising Injury, and Products/Completed
Operations) coverages, with coverage at least as broad as Insurance
Services Office Commercial General Liability Coverage (occurrence Form
CG 0001 with limits no less than two million dollars ($2,000,000) per
occurrence for bodily injury, personal injury and property diamage.

~\

•'

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Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

54451

 A. The deductible or self-insured retention on this Commercial General
Liability shall not exceed $5,000 unless District has approved of a
higher deductible or self-insured retention in writing.
B. The Commercial General Liability policy shall be endorsed to include
the District; its agents, officers and employees as additional insureds in
the form as required by the District.

An exemplar endorsement is

attached (Exhibit B, Certificate of Insurance).
C. The coverage provided to the District, as an additional insured, shall be
primary.
10.2

Commercial Automobile Liability (Owned, Scheduled, Non-Owned, or
Hired Automobiles) written at least as broad as Insurance Services Office
Form Number CA 0001 with limits of no less than two million dollars
($2,000,000) per accident for bodily injury and property damage.

10.3 Worker's Compensation in statutory required limits and Employer's
Liability in an amount of not less than one million dollars ($1,000,000) per
accident for bodily injury or disease. This policy shall be endorsed to
include a waiver of subrogation endorsement.
10.4

Professional Liability Insurance in the amount of $1,000,000 per claim and
$1,000,000 aggregate.
A. At the end of the agreement period. Consultant shall maintain, at it's
own expense, continued Professional Liability insurance of not less
than five (5) years, in an amount no less than the amount required
pursuant to this Agreement

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Consultant: Helix Environmental Planning, Inc.'
Board Date: January 6, 2009
Requesting Department: Land Use Planning

54451

0[

 B. Alternately, if the existing Professional Liability is terminated during the
above referenced five-year period. Consultant shall maintain at its own
expense, "tail" coverage in the same minimum amount as set forth in
this paragraph.
C. All coverages under this section shall be effective as of the effective
date of this Agreement or provide for a retroactive date of placement
that coincides with the effective date of this Agreement.
Consultant shall furnish District with certificates of insurance coverage for all the
policies described above upon execution of this Agreement and upon renewal of
any of these policies. A Certificate of Insurance in the form acceptable to the
District, an exemplar Certificate of Insurance is attached as Exhibit B and made a
part hereof, evidehcing the existence of the necessary insurance policies and
endorsements required shall be kept on file with the District. Except in the event
of cancellation for non-payment of premium, in which case notice shall be 10
days, all such certificates shall indicate that the insurer must notify District in
writing at least 30 days in advance of any change in, or cancellation of, coverage.
Consultant shall also provide notice to District prior to cancellation of, or any
change in, the stated coverages of insurance.

The Certificate of Inisurance must delineate the name of the insurance company
affording coverage and the policy number(s) specifically referenced to each type
of insurance, either on the fact of the certificate or on an attachment thereto. If
an addendum setting forth multiple insurance companies or underwriters is
attached to the certificate of insurance, the addendum shall indicate the
insurance carrier or underwriter who is the lead carrier and the applicable policy
number for the CGL coverage.
Furnishing insurance specified herein by the District will in no way relieve or limit
any responsibility or obligation imposed by the Agreement or otherwise on
Page 10 of 16
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

S4451

10

 Consultant or Consultant's sub-contractors or any tier of Consultant's subcontractors. District shall reserve the right to obtain complete copies of any of
the insurance policies required herein.
11.

ACCURACY OF SERVICES: Consultant shall be responsible for the technical
accuracy of its services and documents resulting therefrom and District shall not
be responsible for discovering deficiencies therein. Consultant shall correct such
deficiencies without additional compensation. Furthermore, Consultant expressly
agrees to reimburse District for any costs incurred as a result of such
deficiencies. Consultant shall make decisions apd carry out its responsibilities
hereunder in a timely manner and shall bear all costs incident thereto so as not
to delay the District, the project, or any other person related to the project,
including the Consultant or its agents, employees, or subcontractors.

12.

INDEPENDENT CONTRACTOR:

Consultant and any agent or employee of

Consultant shall act in an independent capacity and not as officers or employees
of District. The District assumes no liability for the Consultant's actions and
performance, nor assumes responsibility for taxes, bonds, payments or other
commitments, implied or explicit by or for the Consultant. Consultant shall not
have authority to act as an agent on behalf of the District unless specifically
authorized to do so in writing. Consultant acknowledges that it is aware that
because it is an independent contractor. District is making no deductions from its
fee and is not contributing to any fund on its behalf Consultant disclaims the
right to any fee or benefits except as expressly provided for in this Agreement.

13.

ADVICE OF COUNSEL: The parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and
conditions of this Agreement, and that the decision of whether or not to seek the
advice of counsel with respect to this Agreement is a decision which is the sole
responsibility of each of the parties hereto.

This Agreement shall not be

construed in favor of or against either party by reason of the extent to which each
•'
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

Page 11 of 16

 Consultant or Consultant's sub-contractors or any tier of Consultant's subcontractors. District shall reserve the right to obtain complete copies of any of
the insurance policies required herein.
11.

ACCURACY OF SERVICES: Consultant shall be responsible for the technical
accuracy of its services and documents resulting therefrom and District shall not
be responsible for discovering deficiencies therein. Consultant shall correct such
deficiencies without additional compensation. Furthermore, Consultant expressly
agrees to reimburse District for any costs incurred as a result of such
deficiencies. Consultant shall make decisions and carry out its responsibilities
hereunder in a timely manner and shall bear all costs incident thereto so as not
to delay the District, the project, or any other person related to the project,
including the Consultant or its agents, employees, or subcontractors.

12.

INDEPENDENT CONTRACTOR:

Consultant and any agent or employee of

Consultant shall act in an independent capacity and not as officers or employees
of District. The District assumes no liability for the Consultant's actions and
performance, nor assumes resporisibility for taxes, bonds, payments or other
commitments, implied or explicit by or for the Consultant. Consultant shall not
have authority to act as an agent on behalf of the District unless specifically
authorized to do so in writing. Consultant acknowledges that it is aware that
because it is an independent contractor. District is making no deductions from its
fee and is not contributing to any fund on its behalf Consultant disclaims the
right to any fee or benefits except as expressly provided for in this Agreement.

13.

ADVICE OF COUNSEL: The parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and
conditions of this Agreement, and that the decision of whether or not to seek the
advice of counsel with respect to this Agreement is a decision which is the sole
responsibility of each of the parties hereto.

This Agreement shall not be

construed in favor of or against either party by reason of the extent to which each
Page 11 of 16
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

54451

la

 party participated in the drafting of the Agreement. The formation, interpretation
and performance of this Agreement shall be governed by the laws of the State of
California.
14.

INDEPENDENT REVIEW: Each party hereto declares and represents that in
entering into this Agreement it has relied and is relying solely upon its own
judgment, belief and knowledge of the nature, extent, effect and consequence
relating thereto. Each party further declares and represents that this Agreement
is being made without reliance upon any statement or representation not
contained herein of any other party, or any representative, agent or attorney of
any other party.

15.

INTEGRATION AND MODIFICATION:

This Agreement contains the entire

Agreement between the parties and supersedes all prior negotiations,
discussion, obligations and rights of the parties in respect of each other regarding
the subject matter of this Agreement.

There is no other written or oral

understanding between the parties. No modifications, amendment or alteration
of this Agreement shall be valid unless it is in writing and signed by the parties
hereto.
16.

OWNERSHIP OF RECORDS: Any and all materials and documents, including
without limitation drawings, specifications, computations, designs, plans,
investigations and reports, prepared by Consultant pursuant to this Agreement,
shall be the property of District from the moment of their preparation and the
Consultant shall deliver such materials and documents to District at the Don L.
Nay Port Administration Building (located at 3165 Pacific Highway, San Diego,
California 92101) whenever requested to do so by District. However, Consultant
shall have the right to make duplicate copies of such materials and documents
for its own file, or other purposes as may be expressly authorized in writing by
District.

Said materials and documents prepared or acquired by Consultant

pursuant to this Agreement (including any duplicate copies kept by the
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land.Use Planning

Page 12 of 16

 3

 Consultant) shall not be shown to any other public or private person or entity,
except as authorized by District. Consultant shall not disclose to any other public
or private person or entity any information regarding the activities of District,
except as expressly authorized in writing by District.
17.TERMINATI0N: In addition to any other rights and remedies allowed by law, the
Executive Director (President/CEO) of District may terminate this Agreement at
any time with or without cause by giving thirty (30) days written notice to
Consultant of such termination and specifying the effective date thereof In that
event, all finished or unfinished documents and other materials shall at the option
of District be delivered by Consultant to the Don L. Nay Port Administration
Building (located at 3165 Pacific Highway, San Diego, California 92101).
Termination of this Agreement by Executive Director (President/CEO) as
provided in this paragraph shall release District from any further fee or claim
hereunder by Consultant other than the fee earned for services which were
performed prior to termination but not yet paid. Said fee shall be calculated and
based on the schedule as provided in this Agreement.

18.

DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement,
or the alleged breach thereof, and is not settled by direct negotiation or such
other procedures as may be agreed, and if such dispute is not otherwise time
barred, the parties agree to first try in good faith to settle the dispute amicably by
mediation administered at San Diego, California, by the American Arbitration
Association, or by suich other provider as the parties may mutually select, prior to
initiating any litigation or arbitration. Notice of any such dispute must be filed in
writing with the other party within a reasonable time after the dispute has arisen.
Any resultant Agreements shall be documented and may be used as the basis
for an amendment or directive as appropriate.

If mediation is unsuccessful in settling all disputes that are not othen/vise time
barred, and if both parties agree, any still unresolved disputes may be resolved
Page 13 of 16
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

H

 by arbitration administered at San Diego, California, by the American Arbitration
Association, or by such other provider as the parties may mutually select,
provided, however, that the Arbitration Award shall be non-binding and advisory
only. Any resultant Agreements shall be documented and may be used as the
basis for an amendment or directive as appropriate. On demand of the arbitrator
or any party to this Agreement, sub-contractor and all parties bound by this
arbitration provision agree to join in and become parties to the arbitration
proceeding.

The foregoing mediation and arbitration procedures notwithstanding, all claim
filing requirements of the Agreement documents, the California Government
Code, and otherwise, shall remain in full force and effect regardless of whether or
not such dispute avoidance and resolution procedures have been implemented,
and the time periods within which claims are to be filed or presented to the
District Clerk as required by said Agreement, Government Code, and otherwise,
shall not be waived, extended or tolled thereby. If a claim is not timely filed or
presented, such claim shall be time barred and the above dispute avoidance and
resolution procedures, whether or not implemented or then pending, shall
likewise be time barred as to such claims.

19.

PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement
does not represent that the District has made a detailed examination, audit, or
arithmetic verification of the documentation submitted for payment by the
Consultant, made an exhaustive inspection to check the quality or quantity of the
services performed by the Consultant, made an examination to ascertain how or
for what purpose the Consultant has used money previously paid on account by
the District, or constitute a waiver of claims against the Consultant by the District.
The District may in its sole discretion withhold payments or seek reimbursement
from the Consultant for expenses, miscellaneous charges, or other liabilities or
increased costs incurred or anticipated by the District which are the fault of or as
result of work performed or negligent conduct by or on behalf of the Consultant.
Page 14 of 16

Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

$

 Upon five (5) day written notice to the Consultant, the District shall have the right
to estimate the amount of expenses, miscellaneous charges, or other liabilities or
increased costs and to cause the Consultant to pay the same; and the amount
due the Consultant under this Agreement or the whole or so much of the money
due or to become due to the Consultant under this Agreement as may be
considered reasonably necessary by the District shall be retained by the District
until such expenses, miscellaneous charges, or other liabilities or increased costs
shall have been corrected or othen/vise disposed of by the Consultant at no
expense to the District.

If such expenses, miscellaneous charges, or other

liabilities or increased costs are not corrected or othenwise disposed of at no
expense to the District prior to completion date of the Agreement, the District is
authorized to pay for such expenses, miscellaneous charges, or other liabilities
or increased costs from the amounts retained as outlined above or to seek
reimbursement of same from the Consultant.

It is the express intent of the

parties to this Agreement to protect the District from loss because of conduct by
or on behalf of the Consultant.

20.

CAPTIONS:

The captions by which the paragraphs of this Agreement are

identified are for convenience only and shall have no effect upon its
interpretation.
21.

EXECUTIVE DIRECTOR'S SIGNATURE: It is an express condition of this
Agreement that said Agreement shall not be complete nor effective until signed
by either the Executive Director (President/CEO) or Authorized Designee on
behalf of the District and by Authorized Representative of the Consultant.
21.1

Submit all correspondence, including invoices, regarding this Agreement,
including Insurance Certificates and Endorsements to:
John Helmer, Director
Land Use Planning
San Diego Unified Port District
Page 15 of 16

Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

54451

I (p

 P.O. Box 120488
San Diego, CA 92112-0488
Tel.: (619) 686-6283
Fax: (619)686-6508
Email: jhelmer@portofsandiego.org
21.2

The Consultant's Authorized Representative assigned below has the
authority to authorize changes to the scope, terms and conditions of this
Agreement:
Michael Schwerin, CEO
HELIX Environmental Planning, Inc.
7578 El Cajon Blvd., Suite 200
La Mesa, CA 91941

Tel.

619.462.1515

Fax 619.462.0552
Email mikes@helixepi.com
21.3

Written notification to the other party shall be provided, in advance, of
changes in the name or address of the designated Authorized
Representative.

SAN DIEGO UNIFIED PORT DISTRICT

John Helmer
Director, Land Use Planning

HELIX ENVIRONMENTAL PLANNING, INC.

Michael Schwerin
CEO

PORT ATTORNEY

DEPUTY PORT ATTORNEY
Page 16 of 16
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

54451

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 ATTACHMENT A
SCOPE OF SERVICES
San Diego Unified Port District
AS NEEDED ENVIRONMENTAL REVIEW SERVICES
Environmental review consulting services will include preparation of environmental
documents and technical studies to assist the District in meeting the mandates of the
Califomia Environmental Quality Act (CEQA), as amended; the National Environmental
Policy Act (NEPA), as amended, and the District's Guidelines for Compliance with CEQA.
Consultant will provide services on an on-call, as needed basis as detemnined by the
District.
Potential Projects Requiring Consulting Services
Projects will be located on District-owned tidelands, submerged lands, and/or uplands in
and around San Diego Bay. Projects requiring extension of staff services may consist of
wharf and pier developments; recreational, commercial, or industrial facilities; marine
temriinal improvements; marina improvements; hazardous materials cleanup; natural
resources enhancements; infrastructure improvements; land acquisition; public
recreational or park developments; designation of vessel navigation corridors; Port Master
Plan amendments; or other developments described in the District's Capital Improvements
Program. Projects are not limited to, but may include:
•

Sunroad Harbor Island Hotel and Restaurant Redevelopment & Port Master
Plan Amendment (PMPA)
Woodfin Suites Hotel & PMPA
Pacific Highway Con-idor Development
North Embarcadero Visionary Plan
Fifth Avenue Landing Spinnaker Hotel Project
Old Police Headquarters and Pari< Project
Chula Vista Bayfront Master Plan
Grand Caribe & PMPA
National City Aquatic Center
Maritime Business Plan
National City Marine Terminal Wharf Extension Phase II
National City Marine Terminal Car Processing Facility
Lane Field Hotel Development .
Broadway and B Street Piers Cruise Ship Terminals

Environmental Review Consultant Services
Consultant will provide environmental review services on an on-call, as-needed basis as
determined by the District.
Attachment A
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

1^

 The following environmental considerations have been identified as potential effects of
implementation of most District projects:
• Land/Water Use Compatibility;
• Biology, including terrestrial, marine, and avian resources;
• Circulation;
Traffic Generation, Parking;
Marine Operations;
Air Quality, including vessel and vehicle emissions;
Noise
Visual Quality (mass, bulk, height, scale of structures, and view con-idors);
Water/Sediment Quality;
Public Recreation and Coastal Access;
Public/Navigational Safety;
Cumulative Effects;
Alternatives;
CEQA mandated analyses; and
NEPA mandated analyses, including DOT Section 4(f) and ESA Action 7.
The above issues have been determined as the most typical environmental considerations
for District projects. However, future District developments may require other impact
analyses to be prepared by the Consultant.

Attachment A
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use planning

ir-jeJiCA
5 4 4 & J -

I/9l

 ATTACHMENT B
COMPENSATION & INVOICING
San Diego Unified Port District
COMPENSATION:
For the satisfactory performance and completion of the services under this
Agreement, District shall pay Consultant compensation as set forth hereunder.
A.

Consultant shall be compensated and reimbursed by District on the basis
of invoices submitted each month for services performed during the
preceding month. Each invoice shall include:
Date work performed;
Description of the work performed;
Hours worked by personnel classification;
Rate per personnel classification;
Total personnel cost by classification;
Other Direct Costs.

B.

Professional services shall be invoiced in accordance with the following
Rate Schedules:
Classification

Fully Burdened Houriy Billinq Rate

1. Principal
2. Acoustician
3. Environmental Specialist 1 - III
4. Project Manager
5. Environmental Planner 1 - III
6. Environmental Analyst
7. Senior Scientist
8. Biologist 1 - V
9. Biological Technician
10. Senior Landscape Architect
11. Project Landscape Architect
12. Assistant Landscape Designer

$195 to $210
$165
$85 to $155
$95 to $125
$65 to $95
$55
$125 to $175
$70 to $110
$50
$130 to $175
$90
$80

For personnel, the above rates shall be applicable to straight time (up to
the first 8-hours) shall include Consultant's total direct labor, indirect labor,
overhead and profit (Fully Burdened Houriy Billing Rate).

Attachment B
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

Page 1 of 3
,

r- i« /a s - ^
5 4 4 5 i

c?0

 C.

Reimbursable Expenses
Sub-Contractor Costs
Other Direct Costs

2% mark-up
At Cost (zero mark-up)

The following shall be considered part of the fully burdened houriy rates
stated in this Agreement: vehicle expenses, parking, tolls, film, postage,
facsimiles, computer usage, printing, normal copying and document
reproduction, blue print services, travel, telecommunications, photography,
computer usage and all other costs and expenses incurred in completing
such services.
Reimbursement for other direct costs in excess of $50.00 shall require the
advance written approval by District's Project Manager. All other project
related direct costs shall require appropriate documentation for
reimbursement.
INVOICING:
A.

Payment Documentation. As a prerequisite to payment for services.
Consultant shall invoice District for services performed and for
reimbursable expenses authorized by this Agreement, accompanied by
such records and receipts as required.
Consultant shall include the following information on each invoice
submitted for payment by District, in addition to the information required in
Section I, above:
1) Agreement No. XX-200X
2) If applicable, the Task Authorization(s) (TA) number being charged.
3) The following certification phrase, with printed name, title and signature
of Consultant's project manager or designated representative:
"I certify under penalty of perjury that the above statement is
just and correct according to the terms of Document No.
5 4 4 5 1 . , and that payment has not been received."
4) Dates of service provided
5) Date of invoice
6) A unique invoice number
District shall, at its discretion, return to Consultant, without payment, any
invoice, which has been submitted without the above information and
certification phrase.

Attachment B
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning
,

•

Page 2 of 3

^l

 B.

Invoices shall be mailed to the attention of: Authorized Designee,
Requesting Department, P.O. Box 120488, San Diego Unified Port
District, San Diego, CA 92112-0488.

C.

Should District contest any portion of an invoice, that portion shall be held
for resolution, but the uncontested balance shall be processed for
payment. District may, at any time, conduct an audit of any and all
records kept by Consultant for the Services. Any overpayment discovered
in such an audit may be charged against the Consultant's future invoices
and any retention funds.

D.

Consultant shall-submit all invoices within thirty (30) days of completion of
work represented by the request and within sixty (60) days of incurring
costs to be reimbursed under the Agreement. Payment will be made to
Consultant within thirty (30) days after receipt by District of a proper
invoice.

E.

Consultant shall indicate on last invoice submitted for payment: FINAL
INVOICE.

Attachment B
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6,2009
Requesting Department: Land Use Planning

Page 3 of 3
-

'^AiS.'^'^

^

 EXHIBIT A
TASK AUTHORIZATION FORM
San Diego Unified Port District

#*^'

PROCUREMENT SERVICES
San Diego Unified Port District
P.O. Box 120488
San Diego. CA 92112-0488
(619) 686-6392
Fax (619) 686-6565

Unified fbrt
o/San Diego

TASK AUTHORIZAT

Name
Firm's Name
Address
City, State, Zip
Fax:

Subject

Exhibit A
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

Page 1 of 2

54451

S>5

 TASK DESCRIPTION, continued
Scope of Services (continued)

8. Contractor Staffing (If applicable)
Name

Classificafion
Staff as needed per A^regmerit

Hours

9. List of Sub-Contractors (If applicable)
N/A

AGREEMENT SUMMARY
Term of Agreement: Start Date -

©

®

Value of Agreement:^
Executed TA Tot
Pending TA Total
Available
Task Authorization
Remaining BaTaqce: ^ N ^ "

+ Line ®]

APPROVALS
Director Approval
APPROVED:
Name:
Title:
Date:

Exhibit A
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

Page 2 of 2

54451

n

 EXHIBIT B
CERTIFICATE OF INSURANCE
San Diego Unified Port District
ONLY THIS CERTIFICATE OF INSURANCE WILL BE ACCEPTED
By signing this form, ttie autliorized agent or broker certifies the following:.
(1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)] to the Insured and
is (are) in force at this time.
(2) As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the
coverages or conditions of coverage noted on page 2 of this certificate.
(3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this
certificate.
Return this form t o : San Diego Unified Port District
A t t n : Linda Wikstrom, Audit, Risk IVIanagement & Safety
P. 0 . Box 120488, San Diego, CA 92112-0488
FAX: 866-875-1993
N a m e a n d A d d r e s s of Insured (Contractor or V e n d o r )

S D U P D A g r e e m e n t Number
This certificate applies tc> all operations of named insureds property in
connection with all Agre ements between the District and Insured.

COLTR

DATES
Commencement Date:

TYPE OF INSURANCE

POLICY NO.

Commercial General Liability
D
Occurrence Form
D
Claims-made Form
Retro Date
D
Liquor Liability
Deductible/SIR: $
Commercial Automobile Liability
•

All Autos

•

Owned Autos

•

Non-Owned & Hired Autos

Workers Compensation - Statutory
Employer's Liability

LIMITS
Each Occurrence:

$
Expiration Date:

General Aggregate:

^

$
Commencement Date:

Each Occurrence:

Expiration Date:

$

Commencement Date:

E.L. Each Accident $

Expiration Date:

E.L. Disease Each Employee $
EL. Disease Policy Limit $

Professional Liability
a

Claims Made

Commencement Date:

Each Claim

Expiration Date:

$

Retro-Active Date
Excess/Umbrella Liability

Commencement Date:
Each Occun-ence: $
Expiration Date:
General Aqqreqate:$

COLTR

COMPANIES AFFORDING COVERAGE

BEST'S RATING

A
B

c,
D
A. U. Best Financial Ratings of Insurance Companies Affording Coverage Must be A-'VII or Better unless Approved in Writing by the District.
Name and Address of Authorized Agent(s) or Broker(s)

E-Mail Address:
Phone:

Fax Number:

Signature of Authorized Agent(s) or Broker(s)
Date:

Exhibit B '
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

Page 1 of 2

54451
^

 S A N DIEGO UNIFIED PORT DISTRICT
REQUIRED INSURANCE E N D O R S E M E N T
ENDORSEMENT NO.

EFFECTIVE DATE

POLICY NO.

NAMED INSURED:

GENERAL DESCRIPTION OF AGREEMENT{S) AND/OR ACTIVITY{IES):
All written Agreements, contracts and leases with the San Diego Unified Port District and/or any and all activities
or work performed on district premises
AN written Agreements, contracts, and leases with the San Diego Unified Port District
and/or any and all activities or work performed on District owned premises.
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in
any endorsement now or hereafter attached thereto, It is agreed as follows:
1. The San Diego Unified Port District, its officers, agents, and employees are additional insureds in relation to
those operations, uses, occupations, acts, and activities described generally above, including activities of the
named insured, its officers, agents, employees or invitees, or activities performed on behalf of the named
insured.
2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self-insured
retention carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by
insurance for the named insured.
3. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made
or suit is brought except with respect to the limits of the insurer's liability.
4. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment
of premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San
Diego Unified Port District prior tothe effective date of cancellation, change in coverage, reduction of liniits or
non-renewal. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall be
given.
Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to
waive, alter or extend any of the limits, Agreements or exclusions of the policy(ies) to which this endorsement
applies.

(NAME OF INSURANCE COMPANY)

(SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE)

MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION,
LIMIT REDUCTIONS, AND CHANGES IN COVERAGE TO:
San Diego Unified Port District
Audit, Risk Management & Safety
P.O. Box 120488
San Diego, CA 92112-0488

Exhibit 8
Consultant: Helix Environmental Planning, Inc.
Board Date: January 6, 2009
Requesting Department: Land Use Planning

Page 2 of 2

54451

^0

 iO
Re Authorization to Enter Into
Agreements with Dudek, Jones &
Stokes Associates, Inc. and Helix
Environmental Planning, Inc. . . .

RESOLUTION

2009-04

B E I T R E S O L V E D by the Board of Port Commissioners of the San Diego Unified
Port District, as follows:
T h a t the Executive Director or his authorized representative is hereby authorized
to enter into Agreements, on behalf of the District, with Dudek, a California corporation,
Jones & Stokes Associates, Inc., a Delaware corporation, and Helix Environmental
Planning, Inc., a California corporation, to provide Environmental Review Services, on an
as-needed basis, as determined by the District, for a n aggregate fee not to exceed Five
H u n d r e d T h o u s a n d Dollars ($500,000.00), for a period of T w o (2) Years, commencing on
January 6, 2009, and terminating on January 6, 2011, subject to earlier termination,
provided, further that said Agreements may be extended for an additional One (1) year
term at the sole discretion of the District. Said Agreements are on file in the office of the
District Clerk.

A D O P T E D this

S'W

1/6/09

6th

day of

January

, 2009.

 AGENDA ITEM 11
SAN DIEGO UNIFIED PORT DISTRICT
DATE:

January 6, 2009

SUBJECT:

RESOLUTION SELECTING AND AUTHORIZING AGREEMENTS WITH
DUDEK, JONES & STOKES ASSOCIATES, INC., AND HELIX
ENVIRONMENTAL PLANNING, INC. FOR ON-CALL, AS-NEEDED
ENVIRONMENTAL REVIEW CONSULTING SERVICES IN AN
AGGREGATE AMOUNT NOT TO EXCEED $500,000 FOR TWO YEARS
WITH A ONE-YEAR OPTION TO EXTEND

EXECUTIVE SUMMARY:
The California Environmental Quality Act (CEQA), as amended, mandates that District
and tenant projects undertaken, funded, or requiring issuance of a permit are subject to
environmental review. Project analysis required by CEQA usually takes the form of an
Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative
Declaration. Staff has found that retaining on-call, as-needed consultants ensures a
prompt response and competitive pricing for completion of these documents. Since
1999, the District has retained on-call environmental review consultants in order to
expedite commencement and completion of environmental review. The Board's
approval of the requested action would facilitate continuance of this practice.
In July 2008, the District distributed a Request for Statements of Interest and
Qualifications (RSIQ) for these services in accordance with BPC Policy 110. The
District received submittals from 10 firms. An evaluation panel composed of District
staff conducted a formal Decision Analysis and rated each firm based on specific
criteria. The three recommended firms received the highest overall scores. Land Use
Planning staff recommends the Board select and authorize agreements to provide
on-call environmental review services on an as-needed basis under a two-year
agreement, with a one-year option to extend with the following three consulting firms
("Consultants"): (1) Dudek; (2) Jones & Stokes Associates, Inc.; and (3) Helix
Environmental Planning, Inc.
RECOMMENDATION:
Resolution selecting and authorizing agreements with Dudek, Jones & Stokes
Associates, Inc., and Helix Environmental Planning, Inc. for on-call, as-needed
environmental review consulting services in an aggregate amount not to exceed
$500,000 for two years with a one-year option to extend.
FISCAL IMPACT:
Funds are available in Land Use Planning's FY 08-09 operating budget Professional
Services account (Certificate of the Treasurer #08-161).

ACTION TAKEN: 1-06-2009 - Resolution 2009-04

 AGENDA ITEM 11
Page 2 of 5

COMPASS STRATEGIC GOALS:
The Board's authorization of the three on-call, as needed environmental review
consulting agreements supports the Strategic Goals stated below by allowing staff to
expedite the selection of CEQA consultants when a project is authorized for review.
Once the entitlement process is complete, development of these projects will help
enhance and sustain a dynamic and diverse waterfront and ensure environmental
conditions are maintained on the Bay.
This agenda item supports the following Strategic Goal(s):
p
Promote the Port's maritime industries to stimulate regional economic vitality.
ia' Enhance and sustain a dynamic and diverse waterfront.
13 Protect and improve the environmental conditions of San Diego Bay and the
Tidelands.
n Ensure a safe and secure environment for people, property and cargo.
t j Develop and maintain a high level of public understanding that builds confidence
and trust in the Port.
D Develop a high-performing organization through alignment of people, process and
systems.
D Strengthen the Port's financial performance.
b
Not applicable.
DISCUSSION:
Background
CEQA, as amended, requires that projects proposed by the District or its tenants
undergo environmental review. This process involves the preparation of such
documents as EIRs, Negative Declarations, or Mitigated Negative Declarations. Since
1999, staff has executed agreements with different environmental consulting firms
contracted on an annual, as-needed basis to complete these documents. The District's
existing on-call agreements will expire in January 2009.
Request for Statements of Interest and Qualifications Process
In anticipation of the expiration date, staff distributed a Request for Statements of
Interest and Qualifications (RSIQ) in July 2008 to approximately 75 firms for three types
of consulting services: environmental review, coastal, and extension of staff. However,
the District only received one submittal in response to this RSIQ. Due to this low
number, staff decided to extend the deadline for an additional month to
September 8, 2008.
In accordance with BPC Policy 110, a notice of availability was published in the San
Diego Daily Transcript. Staff also conducted an RSIQ information exchange meeting.
By the deadline, the District received 10 Statements of Interest and Qualifications
(SIQs) from the following environmental review consulting fimris: Jones & Stokes

San Diego Unified Port District Board Meeting - January 6, 2009

 AGENDA ITEM 11
Page 3 of 5

Associates, Inc., RECON Environmental, Inc., PBS&J, URS Corporation, TEC Inc.,
Pacific Municipal Consultants, LSA Associates, Inc., Helix Environmental Planning, Inc.,
Tierra Data, Inc., and Dudek. In addition, the District received 14 SIQs from various
coastal and extension of staff consulting firms. However, staff is not requesting Board
authorization to execute agreements with the selected coastal and extension of staff
consulting firms as the aggregate agreement amounts will be under $125,000 (BPC
Policy 110).
A staff committee from Land Use Planning and Real Estate evaluated the SIQs that
met the RSIQ's minimum qualifications, and selected five firms to interview. The
evaluation panel scored the interviews during a Decision Analysis according to the
following criteria: experience of proposed staff, approach to the project, capability to
perform, cost and price, and firm's relative experience. The evaluation panel placed
particular emphasis on the consultants' ability to address the variety of environmental
issues that are specific to District projects, as well as the experience of the Project
Manager with port-related and/or local projects (i.e., maritime industry, commercial,
recreational, and natural resources), and understanding of current CEQA issues and
legislation. A copy of the Decision Analysis is attached.
The top three ranking firms are: (1) Dudek; (2) Jones & Stokes Associates, Inc.; and
(3) Helix Environmental Planning, Inc. In general, the firms have assembled the most
knowledgeable and experienced CEQA teams. Each has experience in providing
on-call environmental services for the District and other governmental agencies. The
firms provide strong Project Managers with demonstrated ability to manage complex
projects and an understanding of the issues pertinent to development along the
waterfront.
Staff has also established a list of 10 qualified environmental review consulting fimns
from the SIQs received in response to the RSIQ. Staff has established this list in case
any of the three recommended Consultants are unavailable. These consultants may be
hired via a separate three-party agreement in which the consultant submits monthly
progress payment invoices to the District for services rendered and, upon District
authorization, be paid for by the project applicant.
Evaluation of Each Recommended Consultant
Staff has prepared the following evaluation of the top three firms in order of staffs
preference:
DUDEK
SUBCONSULTANTS:

Golden State Environmental, Inc. - geotechnical and water quality
Linscott, Law & Greenspan, Engineers - traffic and parking
Scientific Resources Associated - air quality and health risk

San Diego Unified Port District Board Meeting - January 6, 2009

 AGENDA ITEM 11
Page 4 of 5

Dudek is a locally-based firm with over 28 years of experience providing CEQA and
National Environmental Policy Act (NEPA) documentation for numerous high profile
projects in San Diego County. Dudek's Project Manager is Carey Fernandes, AlCP.
Ms. Fernandes has worked on District projects for approximately 10 years, and has also
served as on-call planning staff for several public agencies. Ms. Fernandes has
experience working on environmental documents for the following District projects:
Chula Vista Bayfront Master Plan & Port Master Plan Amendment (PMPA), America's
Cup Harbor & PMPA, National City Aquatic Center & PMPA, Woodfin Suites Hotel &
PMPA, Palm and Carnation Avenues Street Improvement Project, and Ferry Landing
Addendum.
JONES & STOKES ASSOCIATES, INC.
SUBCONSULTANTS:

Coastal Environments - water/sediment quality, coastal engineering, biological
resources, and estuarine hydrology/hydraulics
Linscott, Law & Greenspan, Engineers - traffic and parking
Ninyo & Moore - geotechnical
Jones & Stokes Associates, Inc. ("Jones and Stokes"), formerly known as Mooney •
Jones & Stokes, has provided on-call CEQA consulting services to the District in
previous years. Jones & Stokes has over 35 years of CEQA, NEPA, and environmental
analysis expertise, and their San Diego office has extensive on-call experience as with
the City of Solana Beach, San Diego Water Authority, and the San Diego County of
Public Works. The firm's project manager, Jim Harry, has more than 16 years of
experience in environmental analysis and report preparation, government planning/
permitting processes, and project management. Mr. Hanry has most recently worked on
the District's North Embarcadero Visionary Plan - Phase 1 Open Space and Public
Amenities Project, City of San Diego Balboa Park Inspiration Point Precise Plan EIR,
San Diego River Pari< Master Plan EIR, City of Chula Vista Wal-Mart EIR, and County
of San Diego "A Children's Village"
HELIX ENVIRONMENTAL PLANNING, INC.,
SUBCONSULTANTS:

Scientific Resources Associated - air quality
Merkel & Associates - marine biology
ASM Affiliates, Inc. - cultural resources
Ninyo & Moore - geology and hazardous materials
San Diego Pilots Association - navigation
Linscott, Law & Greenspan, Engineers - traffic and parking
Project Design Consultants - water quality

San Diego Unified Port District Board Meeting - January 6, 2009

 AGENDA ITEM 11
Page 5 of 5

The local Helix Environmental Planning, Inc., ("Helix") office is located in La Mesa.
They have been partnering with local agencies to satisfy state and federal
environmental review requirements for over 16 years. Helix has extensive experience
with CEQA and NEPA analysis and documentation, with specific expertise on issues
regarding land/water use compatibility, biology, noise, visual quality, public recreation,
and coastal access. The firm is currently working on two major projects within the
District's jurisdiction including the Tenth Avenue Marine Terminal Access Study and the
Commercial Fisheries Revitalization Plan and Coastal Public Access Plan. Helix's
project manager, Bruce Mclntyre, has over 30 years of experience in environmental
planning. Mr. Mclntyre has served as an extension of staff to the Centre City
Development Corporation, during which he was responsible for preparing EIRs for
downtown San Diego's Petco Park and the Districfs parking structure at Park
Boulevard/Harbor Drive. Mr. Mclntyre also has experience with analyzing marina
developments, such as the Quivira Basin Redevelopment Project EIR.
Environmental Review Consulting Agreements
As previously mentioned, BPC Policy 110 requires that the Board select and authorize
the District to enter into agreements totaling over $125,000. The aggregate amount of
Consultant agreements shall not exceed $500,000. Staff recommends the Board select
and authorize agreements with the following three Consultants: (1) Dudek;
(2) Jones and Stokes; and (3) Helix to provide on-call environmental review consulting
services on an as-needed basis under a two-year agreement, with a one-year option to
extend.
Port Attorney's Comments:
The Port Attorney has reviewed and approved the requested documents for form and
legality.
Environmental Review:
This proposed Board action is not subject to CEQA, as amended.
Equal Opportunity Program:
No SBE goal was established for this project.
identify 9 SBE sub-consultants.

PREPARED BY:

The recommended consultants did

Dariene Nicandro
Senior Redevelopment Planner, Land Use Planning

San Diego Umried Port District Board Meeting - January 6. 2009

 fl)
3165 Pacific Highway, San Diego, CA 92101
P.O. Box 120488, San Diego, CA 92112-0488
619.686.6200 » www.portofsandiego.org

Unified Port
o/Scin Diego

REFERENCE
COPY
August 13, 2014

54451

Bruce Mclntyre
Senior Project Manager
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard, Suite 200
La Mesa, CA 91942
Subject:

CLOSE-OUT: Task Authorization No. 1, Mitigated Negative
Declaration for Climate Mitigation and Adaptation Plan (CMAP):

This letter is to close-out the balance of the work assigned to Task Authorization
No. 1 for the for the Mitigated Negative Declaration for Climate Mitigation and
Adaptation Plan (CMAP), under your on-call agreement, District Clerk Document No.
54451.
We appreciate your services and look forward to your continued interest in future
District projects. If you have any questions or need additional information, please call
me at (619) 686-6254.

Sincerely,

Jisop H. Giffen
Dn^eCtor
Environmental & Land Use Management

San

Diego

Unified

Port

District

 LAND USK PLANNING
.S'«)i /.)ifi'0 Unijial I'ori Dislrici
I' D. thx l2f}'ISS
San Diego, CA
92il2-tmS
(619) 6S6-62S3
l--ax(6l9l 6X6-6505

Unif ied Pot t
o/S<»n Dicijo

TASK AUTHORIZATION NO. 1

REFERENCE
COPY

March 20, 2012
Bruce Mclntyre
Senior Project Manager
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard, Suite 200
La Mesa. CA 91942
Subject:

54451

Task Authorization for HELIX Environmental Planning, Inc.
Mitigated Negative Declaration for Climate Mitigation and Adaptation Plan
(CMAP)

You are authorized to proceed with the work described in this correspondence, in an amount not to
exceed Forty Seven Thousand Twenty Dollars ($47.020.00).
This Task Authorization is in accordance with the
Please cite TA#1 on invoice(s) for this Task.

terms

of

the

subject

agreement.

TASK DESCRIPTION
1.

Requestor;

Lesley Nishihira

2.

Date of Request:

03/20/2012

3.

Task Budget:

$47,020.00

4.

Task Start Date:

03/20/12

5.

Task Title: Mitigated Negative Declaration for Port District's CMAP

6.

Scope of Services:
Task 1 - Initial Studv: HELIX will prepare the IS usinq the District's standard format and
pursuant to the California Environmental Quality Act (CEQA). As a part of the IS process,
HELIX will prepare a project description which will be distributed to District staff for review
and approval to assure that the analysis is based on an appropriate description of the
proposed CMAP. However, recognizing that a preliminary version of the CMAP is not
expected until April, HELIX will begin work on those portions of the IS which are not
dependent on a full knowledge of the CMAP in order to facilitate the overall process of
completing the IS.

TA#1
Consultant; HELIX
Department: Environmental and Land Use Management

Page 1 of 4

 The analysis contained in the IS will be programmatic in nature and not involve any original
research or technical analysis. Although a draft of the District's CMAP is not available to
review, it is assumed that, like other climate action plans adopted across the state, it will
consist of programmatic policies and strategies designed to reduce greenhouse gas (GHG)
emissions. It is further assumed that the CMAP will not identify specific projects which could
result in direct significant environmental impacts. In general, these policies and strategies
will deal with techniques ancillary to existing and new development which would not have
independent environmental impacts. For example, water and energy conservation would be
achieved by using versions of architectural materials, equipment and appliances which
would occur with or without the CMAP. Similarly, the climate adaptation portion of the
proposed CMAP will identify programmatic policies and strategies intended to lessen the
effects of climate change on existing and future activities within the District's Master Plan
Area. And, as with the climate mitigation portion of the CMPA, the adaptation policies and
strategies would not involve specific projects which could be evaluated in the IS.
Although implementation of the CMAP could indirectly encourage projects which could result
in physical changes in the environment, analysis of any such projects would be considered
speculative pursuant to Section 15064(d)(3) of the CEQA Guidelines. This provision in
CEQA only requires consideration of an indirect physical change if that change is a
reasonably foreseeable impact which may be caused by the project. As no specific projects
are included in the CMAP, they would not be considered foreseeable and not considered in
the IS/MND.
Amount not to exceed: $22,780.00
Task 2 - Mitigated Negative Declaration:
HELIX will prepare a Draft and Final MND in accordance with the District's standard format
and CEQA Guidelines. The MND will rely on the IS prepared in Task 1. Following the
completion of public review for the Draft MND, HELIX will work with District staff to prepare
written responses to any comments received. HELIX will also prepare a Final MND for City
Board consideration during the project approval hearing on the CMAP.
If mitigation measures are identified in the MND, HELIX will prepare a Mitigation Monitoring
and Reporting Plan (MMRP) to accompany the Final MND. The MMRP that will identify all
mitigation measures contained in the MND and assign implementation responsibility and
timing.
Amount not to exceed: $20,130.00
Task 3a - Meetings:
HELIX'S Project Manager will attend up to two meetings related to the IS/MND. It is
assumed that the meetings will last an average of three hours including preparation and
travel.
Amount not to exceed: $750.00

TA #1
ConsultanL HELIX
Department: Environmental and Land Use Management

Page 2 of 4

 Task 3b - Public

Hearings:

HELIX'S Project Manager will attend one public hearing. The cost estimate is based on six
hours for the hearing (including preparation and travel). No specific presentation graphics
are anticipated for any of the above meetings.
Amount not to exceed: $1.100.00
Task 3c - Proiect Coordination:
HELIX will actively manage the environmental review process from start to finish.
Coordination tasks will consist of formal and informal communication with the District, in the
form of telephone conversations, facsimiles, and e-mail. Other coordination responsibilities
will include interfacing with the District on project description information, tracking budgets,
and reviewing schedule progress. The cost assumes an average of three hours of
coordination per month over a six-month period.
Amount not to exceed: $2,250.00

Schedule: Starting 03/20/12 and ending 12/31/12. This Task Authorization (TA) is
anticipated to be completed with the Board of Port Commissioners certification of the CEQA
document (Mitigated Negative Declaration) as part of the CMAP approval. While this is
planned for Board action in Fall of 2012, this TA is valid until the end of the year to account
for unforeseen processing and timing elements.
A timeline (Figure 1) with detailed tasks for processing the Mitigated Negative Declaration is
attached to this TA with a potential completion date August 14, 2012 which is a regularly
scheduled Board meeting.
Deliverables: An Initial Study and Mitigated Negative Declaration document, compliant with
the requirements and guidelines of CEQA including any applicable mitigation measures.
Fee for Services to be performed: The total fee for work authorized under this Task
Authorization shall not exceed Forty Seven Thousand Twenty Dollars ($47.020.00).

Assumptions:
The costs identified are based on the following assumptions and limitations.
•
•

•

Preparation of the final versions of the IS, Draft MND, and Final MND assumes two
administrative drafts prior to preparation of the final version.
Completion of the IS and MND will not require original research by HELIX. Technical
information will be provided by the District or its CMAP consulting team.
HELIX is not responsible for the distribution of public notices or documents, property owner
mailing lists/labels, charges associated with the publication of notices in local newspapers,
or document filing fees (such as County Clerk filing fees and California Department of Fish
and Game environmental review filing fees).
HELIX will not be required to prepare presentation boards/graphics for public meetings and
hearings.

TA #1
Consultant: HELIX
Department: Environmental and Land Use Management

Page 3 of 4

 APPROVAL
Director Approval
Signaturei

^

Project Manaqer Approval
^

j/ J

^

Name: Lesley Nishihira/
Title:

Acting Director, Environmental and Land
Use Management

Signature:
Name:

j L f ^ ^
Eric Munoz
^^^^j^, Planner/Staff Extension

Date:
Consultant Approval
Signature:
Name: Michael Schwerin
Title:

Chief Executive Ofricer, HELIX

Date: M a r c h

22,

2012

TA #1
Consultant: HELIX
Department: Environmental and Land Use Management

Page 4 of 4