HomeMy WebLinkAboutMikhail Ogawa Engineering; 2007-09-04; PWENG623RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND
AGREEMENT FOR CARLSBAD WATERSHED URBAN RUNOFF
MANAGEMENT PROGRAM COORDINATOR SERVICES
(MIKHAIL OGAWA ENGINEERING)
lek This Ratification of Amendment No. 2 is entered into as of the q - day of
0 CZ0 6Gfe. , 2009, but effective as of the 4TH day of September, 2009,
extending and amending the agreement dated September 4, 2007 (the "Agreement") by and
between the City of Carlsbad, a municipal corporation, ("City"), and Mikhail Ogawa Engineering,
a sole proprietor, ("Contractor") (collectively, the "Parties").
RECITALS
A. On September 11, 2008, the Parties executed Amendment No. 1 to the
Agreement to extend and amend the agreement and scope of work; and
B. The Agreement, as amended from time to time expired on September 3, 2009
and Contractor continued to work on the services specified therein without the benefit of an
agreement.
C. The Parties desire to alter the scope of work of the Agreement to include
additional watershed functions; and
D. The Parties desire to extend the Agreement for a period of one (1) year.
E. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive extension and amendment of the Agreement is ratified.
2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
3. City will pay Contractor for all work associated with those services described in
Exhibit "A on a time and materials basis not-to-exceed thirty seven thousand four hundred
seventeen dollars ($37,417). Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
4. Contractor will complete all work described in Exhibit "A" by September 3, 201 0.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22. .O1
1
7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
MlKHAlL OGAWA ENGINEERING, corporation of the State of California
Ci Manager-- - ~~~~wA.IL Bw, SOL^ PpoPe~rliwL
(print nameltitle)
1r?;kk4,'\ (a, ~'~~)~RQAPM
(e-maraddrds) ATTEST:
(sign here)
(print nameltitle)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
beputy City ~ttornty
City Attorney Approved Version #05.22..01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
A. Contractor will provide Carlsbad Watershed Urban Runoff Management Program
Coordinator Services as outlined in the proposal dated July 25, 2007 and which is
incorporated in the original agreement as Exhibit "B".
B. Contractor shall be compensated as outlined below, by submitting monthly invoices
accounting for hours worked during the month. Compensation reflects a 5% annual
increase in costs.
1. FY 2007-08: $26,962
2. FY 2008-09: $27,281 .I 0
3. FY 2009-10: $28,645.16
4. FY 201 0-1 1 : $30,077.41
5. FY 201 1-12: $31,581.28
C. Contractor agrees to perform additional work related to watershed functions, as
directed by City, This extra work will be compensated on a time and materials
basis at an hourly rate of $108.00 not to exceed $8,772, bringing total possible
compensation to a not exceed amount of $37,417.
City Attorney Approved Version #05.22.01
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AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR
CARLSBAD WATERSHED URBAN RUNOFF MANAGEMENT PROGRAM
COORDINATOR SERVICES
(MIKHAIL OGAWA ENGINEERING)
is Amendment No. 1 is entered into and effective as of the , day of
0wh , 200c, extending and amending the agreement dated
Sptedber 4, 2007 (the "Agreement1') by and between the City of Carlsbad, a municipal
corporation, ("City"), and Mikhail Ogawa Engineering, ("Contractor") (collectively, the "Parties")
for Carlsbad Watershed Urban Runoff Management Program Coordinator Services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to provide coordinator
services for the FY2008-09 Carlsbad Watershed Urban Runoff Management Program; and
B. The Parties desire to extend the Agreement for a period of one (1) year; and
C. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A".
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one (1) year ending on September 4, 2009 on a time and materials
basis not-to-exceed twenty seven thousand two hundred eighty one dollars and ten cents
($27,281 .lo).
2. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
4. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
MlKHAlL OGAWA ENGINEERING
*By:
(sign here) \
Mikhail Ogawa, Sole Proprietor ATTEST:
(print nameltitle)
pkyac. t .,
(sign here) =o: ,.
(print nameltitle)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: -
be\jjuty\eity ~ttobey
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
A. Contractor will provide Carlsbad Watershed Urban Runoff Management Program
Coordinator Services as outlined in the proposal dated July 25, 2007 and which is
incorporated in the original agreement at Exhibit "B".
B. Contractor shall be compensated as outlined below, by submitting monthly invoices
accounting for hours worked during the month. Compensation reflects a 5% annual
increase in costs.
City Attorney Approved Version #05.22.01
AGREEMENT FOR
CARLSBAD WATERSHED URBAN RUNOFF
MANAGEMENT PROGRAM COORDINATOR SERVICES
(MIKHAIL OGAWA ENGINEERING)
is made and entered into as of the qZ day of
20c, by and between the CITY OF CARLSBAD, a municipal
MlKHAlL OGAWA ENGINEERING, an Engineering
Consultant, ("Contractor").
RECITALS
A. City requires the professional services of a Consultant that is experienced
in Watershed Urban Runoff Management Program Coordination.
B. Contractor has the necessary experience in providing professional
services and advice related to Watershed Urban Runoff Management Program
Coordination.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. - TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for
four (4) additional one (1) year periods or parts thereof in an amount not-to-exceed
thirty one thousand five hundred eighty two dollars ($31,582) per Agreement year.
Extensions will be based upon a satisfactory review of Contractor's performance,
City needs, and appropriation of funds by the City Council. The parties will prepare a
written amendment indicating the effective date and length of the extended Agreement.
City Attorney Approved Version #11.28.06
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be twenty six thousand nine hundred sixty two dollars ($26,962). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent
(1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
City Attorney Approved Version #11.28.06
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
City Attorney Approved Version #11.28.06
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10.1.3 Workers' Compensation and Em~loyer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of lnsurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
City Attorney Approved Version #11.28.06
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant- to this Agreement-is the property of city. In the -event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Elaine Lukey Name Mikhail Ogawa
Title Environmental Programs Manager Title Principal
Dept Storm Water Protection
CITY OF CARLSBAD MlKHAlL OGAWA ENGINEERING
Address 1635 Faraday Avenue Address 3525 Del Mar Heights Road #429
Carlsbad, CA 92008 San Diego, CA 921 30
Phone No. (760) 602-2761 Phone No. (61 9) 994-7074
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
City Attorney Approved Version #11.28.06
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which h any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations -
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #11.28.06
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for rionperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea, the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
City Attorney Approved Version #11.28.06
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
City Attorney Approved Version #11.28.06
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
MlKHAlL OGAWA ENGINEERING
By:
*By:
(sign hers)
Mikhail Oqawa 1 Sole Proprietor
(print nameltitle) ATTEST:
Ih4&+,'[& moqaoeeb\. LQ- - (e-mail addgss)
**By:
(sign here)
(print nameltitle)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
beputy City ~ttorhey
City Attorney Approved Version #I 1.28.06
EXHIBIT "A"
SCOPE OF SERVICES
A. Contractor will provide Carlsbad Watershed Urban Runoff
Management Program Coordinator Services as outlined in proposal
dated July 25, 2007, and incorporated herein as Exhibit "B.
B. Contractor shall be compensated as outlined below, by submitting
monthly invoices accounting for hours worked during the month.
Compensation reflects a 5% annual increase in costs.
City Attorney Approved Version #04.01.02
10
- July 2007
Proposal to
Carlsbad 'w arersr
Management Prc
"B"
5 the
Prepared for
Prepared by
41L OGAWA ENGINEERING
352 tar Hetgnrs nc
San usego. California 92 1
Phone 619.994.70
MOE
MIKHAlL OGAWA ENGINEERTNG
July 25,2007
Carlsbad Watershed Copermittees
C/O Mr. John McKelvey
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
SUBJECTz Proposal to Provide Services as the Carlsbad Watershed Urban
Runoff Management Program Coordinator
Dear Copermittees:
Mikhail Ogawa Engineering is pleased to submit this proposal to provide services as the
CarlsLxd Watershed Urban Runoff Management Program Coordinator. Mikhail
Ogawa Engineering is ideally suited to provide the necessary sentices to achieve your
watershed program goals. We have one goal in mind - completing successful projects,
program tasks and the Annual Reports in a timely and cost effective manner without
burdening Copemittee staff and management.
The key strengths of our firm and proposed Project Manager, Mikhail Ogawa, are
summarized in the attached proposal.
Thank you for the opportunity to submit our proposal for this important project. If
you have any questions, please call me at (619) 994.7074.
Sincerely,
Mikhail~ga'&, P.E.
Principal
3525 Del Mar Heights Road #429 + San Diego, California 92130 (619) 9947074 + Fax (858) 255.0531
Table of Contents
Section 1 Executive Summary
Section 2 Identification of Proposer
Section 3 Experience and Technical Competence
Section 4 Proposed Method to Accomplish the Work
Section 5 Knowledge and Understanding of Local
Environment and Issues
Section 6 Project Organization and Key Personnel
Section 7 Cost Estimates
Section 8 Optional Services
Section 9 Exceptions to this Request for Proposals and
Addenda
Executive Summary
AfOE has cl~r expertise & cnpahilirie.5 to provide
excellent U7UR&fP Coordinator Serr-ices
Mikhail Ogawa Engineering (MOE) was founded upon the fundamental values
of providing high quality professional engineering and extension of staff services
to local municipal clients in a cost effective manner. The broad experience of
Mikhail Ogawa, the firm's principal, allows MOE to provide a wide spectrum of
services to our clients.
Mikhail Ogawa has been an integral participant in the development of the
RWQCB Permit R9-2007-0001 and the resulting regional work products related
specifically to implementing watershed programs. Mikhail's had the lead role as
the project manager for the Baseline Long-Term Effectiveness Assessment which
established the foundation for which the current regional watershed activity
strategy is built upon. This participation in conjunction with assisting two
watersheds in the region with their WURMP revisions, activity implementation
and WURMP reporting, make Mikhail Ogawa Engineering the Carlsbad
Copermitees best choice for the WURMP Coordinator role.
Our current clients are municipal agencies that share the Copermittees' overall
goals: completing program tasks on time and within allowable budget, providing
a high quality professional service to their communities, compliance with the
Permits (RWQCB Orders 2001.01 and 2007.0001) and resolving water quality
issues. Drawing on past and current program development, implementation and
reporting experience, MOE will provide a high quality, cost effective service to
exceed the Copermittees' expectations.
MOE proposes that Mikhail Ogawa, P.E. fulfill the Coordinator role for this
important project. We believe that Mikhail Ogawa is the Copermittees' best
choice for providing the support that the City of Carlsbad ant eh Watershed
Copermittees are seeking for the implementation and reporting of the
WURMP. Mikhail brings the experience of providing similar implementation
and reporting services to other agencies in Southern California.
Identification of Proposer
&lOE hnu rhe ~,.-prxrtise & capabiliriea re provide
e.~ccllt-n t U'UNILfP C-oordii*ator St-rr -ices
Legal Name and Address of Company
Mikhail Ogawa Engineering
3525 Del Mar Heights Road #429
San Diego, California 92130
Legal Form of Company
Sole Proprietorship
Address of Office Working on this Project
Mikhail Ogawa Engineering
3525 Del Mar Heights Road #429
San Diego, California 92130
Contact Person
Mikhail Ogawa, P.E.
Principal
3525 Del Mar Heights Road #429
San Diego, California 92130
(619) 994-7074
mikhail@mogawaeng.com
&fC3E has rile expertise & ca~r.~il&iiirJes to proviVT~-Je
City of San Marcos Stormwater Program - This is an on-going project for
MOE. Mr. Ogawa was the project manager for developing the San Marcos
Urban Runoff Management Program (URMP) and is currently assisting the City
with implementation and reporting of their program. Implementation of the
San Marcos program involves meeting with City staff to develop implementation
tools, training City staff and assisting the City on an as-needed basis - providing
whatever service is requested.
Key related elements to the Carlsbad WRA4P Coordinator project are:
Coordinating periodic meetings with City staff
Providing Technical Support for Jurisdictional URMP implementation and
redevelopment
e Coordinating Annual Reporting Efforts
Collection of Annual Report Data and Information
e Development and Editing of the Comprehensive JURMP Annual Reports
e Delivering Hard-copy and E-copies of the JURMP Annual Reports
Referencet Mr. Ken St. Clair
Value of Contract: $50,000
San Dieguito Watershed Urban Runoff Management Program - Mr. Ogawa
provides technical support to the Copemittees in the San Dieguito Watershed
for their WURMP. The support includes coordination of the Copermittees,
development of watershed activities, implementation of watershed activities and
annual reporting. Mr. Ogawa has been instrumental in the refinement of the
San Dieguito WURMP process and re-evaluation of the program direction based
upon the knowledge of the watershed, sources and water quality data. The
unique bacterial sources in the watershed have led to watershed activities
focused on animal facilities and activities.
Key related elements to the Carbbad WRMP Coordinator project are:
Meeting attendance with WURMP jurisdictions staff
Providing Technical Support for WRMP implementation and
redevelopment
a Participation in the Regional WRMP Workgroup
e Collection of Annual Report Data and Information
Experience and
Technical Competence
-'UI MOE has the cf~~pertiscj. rSr capabilities ray provide
a Development and Editing of the Comprehensive WURMP Annual Reports
a Delivering Hard-copy and Ecopies of the WRMP Annual Reports
Reference: Ms, Cheryl Filar
Value of Cantract: $18,050
Peiiasquitos Watershed Urban Runoff ?hwgement Program - Mr. Ogawa
provides technical support to the Copermirtees in the Pefiasquitos Watershed
for their WURMP, The support includes coordination of the Copermittees,
development of watershed activities, implementation of watershed activities and
annual reporting. Mr. Ogawa has been instrumental in the refinement of the
Peiiasquitos WRMP process and reevaluation of the program direction based
upon the knowledge of the watershed, sources and water quality data. The
watershed lends itself well to determining the effects of commercial versus
residential areas, a focus for the watershed Copermittees.
Key related elements to the CarIsbad WURMP Coordinator project are:
a Meeting attendance with WRMP jurisdictions staff
a Providing Technical Support for WURMP implementation and
redevelopment
e Participation in the Regional WRMP Workgraup
Collection of Annual Report Data and Information
e Development and Editing of the Comprehensive WURMP Annual Reports
Delivering Hard-copy and E-copies of the WRMP Annual Reports
Reference: Ms. Robin Miller
Value of Contracts $18,050
A copy of the Fiscal Year 2006 San Dieguito Watershed Urban Runoff
Management Program Annual Report is provided for your review.
Additional references and project descriptions are available upon request.
The following describes MOEs technical and management approach to the
project. Each task required, per the RFP, will be discussed;
TASK 1 - 0n.goin.g WURMP Activities
MOE will maintain the same meeting schedule as the Carlsbad WURMP
Copermittees currently have for their monthly meetings. Through the task of
coordinating with the outgoing watershed coordinator, Mikhail will obtain the
current formats and protocols for scheduling meetings, providing reminders,
agendas and the development of meeting minutes/summaries for the
Copermittees.
In preparation of the meetings, Mikhail will prepare any technical materials and
draft documents ahead of the scheduled meetings and provide e-copies or hard
copies to the Watershed Copermittees as appropriate.
In order to support the knowledge base and awareness of the Watershed
Copermittees, MOE proposes to coordinate speakers or focused forums to
discuss information and available technology that is applicable to watershed
activity development and implementation.
Also as part of this task, MOE proposes to establish periodic meetings with the
Watershed Lead Copermittee to resolve any administrative issues related to the
project.
TASK 2 - WURMP Annual Reports
Task 2.1 'WZIRMP Annual Report Project Manugement
Mikhail will develop a schedule to coordinate the delivery of information and
data to develop the WURMP Annual Report in a timely manner. It is
anticipated that the annual report will be completed during October of each
year allowing ample time for review prior to the holiday season. However, as
stated in the RFP, the Watershed Copermittees will write the activity content for
the annual report and therefore, delivery of a complete report will be dependent
upon the delivery of the activity information. As a note - this proposed schedule
does coincide with other watershed groups in the region.
Task 2.2 WURMP Annual Report Meetings
During the period of Annual Report development - first four months after the
end of the Fiscal Year - MOE will organize and facilitate monthly, or more
frequent, meetings to coordinate the annual reporting process. In an effort to
maintain as few meetings as possible, MOE proposes to coincide these meetings
with the regular WURMP Activity meetings described above in Task 1.
It is anticipated that the Annual Reporting topics will be added to the regular
WURMP Activiry meeting agendas and discussed and reviewed during the same
meeting. MOE will prepare documents ahead of tine and provide copies to the
Watershed Copermittees ahead of scheduled meetings.
MOE understands that there is an emphasis on providing updates to interested
non-profit environmental groups on the activities and progress of the WRMP
Copermittees. As pan of this task, MOE proposes to prepare a presentation for
review by the Watershed Copermittees and deliver the presentation at a
regularly scheduled meeting of the interested non-profit environmental groups
each year once the WURMP Annual Report has been completed.
Task 2.3 WURMP Annual Report Coordination
MOE proposes to perform the necessary tasks to deliver the WURMP Annual
Report on schedule each year. Coordination with jurisdictions is the key to
successfully delivering the annual report in a timely manner. The emphasis will
be placed on obtaining the information necessary to update the standardized
activity reporting forms.
In addition to the Annual Reporting coordination meetings discussed above in
Task 2.2, Mikhail will be making direct contact with individual Watershed
Copermittees to obtain the required information. Mikhail's experience with
collecting mixed and varying information from multiple departments,
jurisdictions and outside agencies will assist in the collection of this information.
MOE has performed these same services for several of the Carlsbad Watershed
Copermittees in the past - as well as other jurisdictions within the region.
Understanding the current and proposed Annual Reporting process, Mikhail
will focus the emphasis on several major components of the Annual Reports (1)
Watershed Activity Sheets; (2) Program Effectiveness Assessment, and; (3)
Revisions to the Program Implementation, e.g., long-term scheduling of
watershed activities. The current direction of the regional WRMP reporting
process will lessen some of the requirements on WURMP Copermittees to
provide the same level of water quality analysis and evaluation.
MOE will deliver up to 10 hard and e-copies of the final Carlsbad Annual
Report, per the RFP requirements.
TASK 3 - Technical Support
In order to provide adequate Technical Support to the Watershed Copemittees,
MOE proposes the following work items be accomplished during each
implementation year. Much of the work is based on the regional watershed
strategy developed by the Regional WRMP Workgroup and the Fiscal,
Reporting and Assessment Workgroup.
Providing support to the Lead Watershed Copermittee in relaying
information and documentation developed in the regional workgroups to
the Carlsbad WURMP Copermittees.
Coordinating with individual or groups of Watershed Copermittees to
recommend courses of action - e.g., based upon the findings of available
information, provide technical guidance for selection of tasks and actions
specific to watershed education and water quality activities
e Collection of information - e.g+, inventory information; BLTEA data and
results; examples of BMP implementation and results; Watershed
Management Plans, monitoring results, special studies,
Develop Water Quality Watershed Activity list that is supported by the
regional watershed activity strategy for Copermittees to select from for
implementation
Analysis of data - e'g., examination and development of findings based upon
relevant data and information generated through research and/or activity
implementation,
Development of protocols and processes to implement watershed water
quality activities and watershed education activities.
Mikhail participates in the Regional WURMP and Reporting Workgroups as a
part of two other watershed groups and therefore, if agreeable to the Watershed
groups, the time and effort involved would be split amongst the watershed
&ts to whom MOE provides service.
Task 4 - Coord0mtion with Outgoing Watershed Coordinator
Mikhail Ogawa has an excellent working relationship with Meleah Ashford of
Ashford Engineering and anticipates the transition between coordinators to be
seamless. It is the intent of MOE to provide a transparent transition process to
the Carlsbad Watershed Copermittees, so they are well informed of the
transition process and feel comfortable that the history and documentation is
transferred with no difficulties.
Task 5 - Miscelhneous Activities
This task will be on an as-needed basis to assist the Lead Copermittee and the
Watershed Coperrnittees with tasks associated with the WRMP
implementation and annual reporting. MOE will coordinate closely with the
Lead Copermittee to ensure that the tasks assigned are within the general scope
of the project as well as within the project budget.
These asks may vary annually, and include but are not limited to:
e Corresponding with the RWQCB
Data Coordination or research beyond what is described in the above tasks
Representation of the Watershed Workgroup at regional meetings
e Writing/revising Watershed MOUs, cost-sharing agreements
Presentation to elected officials
Research of other watershed programs in other parts of the state or country
e Representation at conferences or technical meetings
Knowledge and
Understanding of Local
Environment and Issues
MOE 11ns the c.~uerti.+e LG capabilities to provide
MOE has been working in the Carlsbad Watershed since the inception of the
company. Providing services for the Cities of San Marcos, Oceanside, Vim and
Carlsbad, Mikhail knows the jurisdictional staff for all of the Watershed
Copermittees and understands their concerns and goals.
Through the interaction with the Coperrnittees and regulatory agencies on other
projects in the watershed, Mikhail's awareness to sensitive issues and key
program elements will provide the WURMP Workgroup with insight into other
related projects and activities that can be incorporated into the WURMP
implementation and planning.
Proiect Organization and Y V
Key Personnel
MOE fias the c*3xperrise 6z capabilities to provide
excellet~ r WZIRMl-> Cyar>rdi'nator Sen7i~x.w
MOE is a one-person firm. Mikhail Ogawa will be providing the services
described in this proposal. The following are some key features about the
company and Mikhail. A current resume is also included at the end of the
proposal.
+ Uniquely qualified Project Manager - As demonstrated, Mikhail's
experiences are wide-ranging - providing a foundation for the extensive
issues associated with watershed program implementation, including:
o Water Quality Program Management
o CIP Program Management
o Development Review - Planning and Engineering
o Facilitation Experience
o Data Management - Database Development
o CIP Design
o Monitoring Program development and implementation + Understanding of Permit requirements - including watershed program
specific requirements
4 Participates in the Regional WURMP Workgroup efforts to develop
overall watershed strategies and activity development tools + There is no learning curve - MOE knows the processes and project
actions and will hit the ground running, + Experience presenting to elected boards, councils and public groups + Team Player - Mikhail is a qualified team player that firs well into
existing teams
6 Mikhail has a distinctive characteristic that he brings to clients and the
projects that he is involved with,..ownership. Mikhail has a genuine
dedication to each and every project with which he is associated. This
sense of ownership provides a personal commitment for Mikhail to drive
projects to completion and ensure that clients' expectations are exceeded
Cost Estimate
MC3B han the expertise & capabiliries ro provide
edx-cef1ezzt W'UR A f P C"oorrfitzatur .Sen ;ices
MOE proposes to provide the services described in this proposal at a flat rate of
$98 per hour. With a multkyear project, the annual rate increase is based on a
5% increase.
5 Miscellaneous Activities &Needed)
Indirect Costs
Totals
20
269
$ 1,960.00
$ 600.00
$26,962.00
Optional Services
MC2E has she c=.a.pertisr i% capabilities ro provide-
exctailetz t WTUKA IfD C2x*rr&cltor Serr ;ices.
MOE has the ability to secure a subcontractor to provide GIs mapping services
and deliver ESRI shpefiles or Google Earth files, It is intended that the
Watershed Copermittees will provide data in a format that can be utilized in
GIs software for appropriate mapping and analwis.
MOE takes no exception to the requirements of the REP including the City's
Standard Professional Services Contract.
Additionally, MOE confirms that they received no addenda to the Request for
Proposals.
I MOE
MIKHAIL OGAWA ENGWEERING
mmnm
I( S. Civil &
Ennmnmcnrd
E*nr"ng
San Dica Suac
uniwrity
B.S. Equiv&m Civil a bv~~rnd
Enginrrnng
Smn Dtcp Slsr
Uni~~i,y
Mikhail P. Opm, P.E.
Princippl
Mr. Ogawa has over 10 years of working experience with public agencies including the Cities of Del
Mar. San Marcos. Oceanside. Dana Point, Cubbad. and the Counties of San Digo and Santa
Barbara. He understands the necessity of keeping public agency projects on schedule and within
budget. Mr. Ogawa has worked on projects ranging in complcxiry tiom the development and
implementation of several NPDES/Stormwater/Urban Runoff Management Programs, to developmenr
of a sedimenr managemenr plan for a large reservoir. He has experience in environmental review,
permitting and engineering design. He also has sire development experience, including urility review,
developmenr of grading plans and facility layour. Additionally, Mr. Ogawa has performed developmenr
micar services, including discretionary review, conditioning, and plan chedring for privare
developments, commercial, industrial, single family residences and municipal capital improvement
projects. His divenc experience coupled with his focus in Water Quality gives him the big picture
perspecrive on jurisdictions and what ir taka m nrnr program requiren~ents. The following are some
examples of projects that Mr. Ogawa has worked on recently.
City of Vkta Clean Water Program, Vita, California. Mr. Ogawa is currently assisring the City with
implementation and reporting of their program. Implementation of the Vista pmgram invokes
meeting with City staff to develop implunentation tools, training City staff and assisting the City on an
vneeded basis - providing wham service is requesred. Annual repming for the program included
asvssnlenr of the effectiveness of rlre jurisdictional and watershed programs.
Reference: Ms. Jayne Snommer, Program Manager (760) 726.1340
City of Sm Mucon Stonnwater Prognm, Sm Mucm, California . Mr. Ogawa was the project
manager for developing the San Marcos Urban Runoff Management Program and is currently assisting
dre City with program nunagemerit, implementation and reporting of their program lnlplementation
of tbe San Marcor program involves meeting with City staff to develop implementation took., rraining
City mff and assisring the City on an asneeded basis - providing whatever service is requested. Annual
reporting for the program included assessment of the effectiveness of the jurisdictional and watershed
programs.
Reference: Mr. Ken St. Clair, Program Manager
San Diguito Watershed Urban Runoff Management Program . Mr. 0gaw-a provides technical
support to the Coprmitrees in the San Dieguito Watershed for their WURMP. The suppm includes
coordination of the Copermittces, development of watershed activitia, implementation of watershed
aaivides and annual reporting. Mr. Ogawa has Leen insmmcnral in the refinement of the San
Dicguito WURMP process and rcwaluacion of the program direction based upon the knowledge of
the watershed, sources and water quality data. The unique bacterial sources in the watershed haw led
to watershed activities focused on animal facilities and activities.
Reference: Ms. Cheryl Filar. Program Manager (760) 839-6315
PeRasquitor Watcnhcd Urban Runoff Manperment Program - Mr. Ogawa prwida technical support
m rhc Copcrmitrccs in the Penasquiros Watershed for their WURMP. The support includes
coordination of the Copermittces, development of wamshed activities, implenlentation of watershed
activities and annual rcponing. Mr. Ogawa has bnn inmumental in the refinement of the Peiusquitos
WURMP process and rcwaluarlon of the program direction based upon the knowledge of the
watershed, sources and water quality data. The watershed lends itself WCU to determining the effects of
commercial versus residential aread, a focus for rhe warershed Copermittees.
Reference: Ms. Robin MiUer (858) 6684707
City of Del Mar Ckan Water Progm Management, Del Mar, California Mr. Ogawa was
responsible for managing the City of Del Mar's Clean Water Program for wer three years. The program
management included oversight for the development of the City's Urban Runoff Management Program
as well as the implementation and reporting of the program. Annual reporting for the program
included assessment of the effectiveness of the jurisdictional and watershed programs. Mr. Ogawa was
an extension of staff leading a team of professionals, representing the City in the regional forunr and in
dim correspondence with regulam agencies and other City staff,
Reference: Ms. Lautainc Brekke.Esparza, City Manager (858) 755-9313
City of Dana Point Water Quality Progtam Management, Dana Point, Womt - Mr. Ogawa was
the project manager for developing, implementing and reporting the Dana Point Urban Runoff
Management Ptogralu He was an extension of staff leading a team of professionals, representing he
City in the regional forum and in direct correspondence with regulatory agencies and other City staff.
Intplementation of the Dana Point program involved axetirig with City staff to develop
implementation tools, budgeting, management, training City sraff and assisting the City on an as-
needed basis - providing whatever services were requested. Annual reporting for the progrant included
assessment of the effectiveness of the jurisdictional and watershed programs.
Reference: Mr. Matthew Sinacori, Assitant City Engineer (949) 29&3554
Baseline LongTerm Effectiveness Assessment, San Diego County Copermittees, San Diego County,
California - Mr. Ogawa was the primary point of contact: and Project Manager for the consultant ream
that delivered a baseline ptogram effectiveness assessnreru for the San Diego County &permittees
Municipal Stormwater Programs. The assessment included the dwelopinent of tools aimed at
combining data and information to prioritize pollutant categories and sources of pollutants. The
outcome was recommendations for focusing the efforts of the Copemuttees. The process also included
assessing whether the Coperrnittees were implenmting or requiring the inlplementation of the most
effective BMPs pertaining to the priority pollutants and sources.
Reference: Mr. Jon Van Rhyn, Program Manager (8589 495-5133
City of Dana Point Indicator Bacteria Source ldcntification and Elimination Study - Mr. Ogawa
conducted an intense subwatershed indicator bacteria study over the cwrse of several months. The
objective of the study was to identify sources of indicator bacteria and eliminate them, The study
included field sampling, nupping, coordination with Public Works and Code Enforcement, and a
tremendous amount of data management and analysis.
Reference: Mr. Matthew Sinacori, Assistant City Engineer (949) 248-3554
Project Clcan Water, County of Santa Barbara, California - As Project Manager, Mr. Ogawa
performed watershed characterizations, water quality studies, developnlent of a GIs, environnlental
engineering, Best Management Practice evaluation and implementation, and dcycl~pmcnt of an
NPDES Phase II permit. He also supervised field crews and professional staff. Mr. Ogawa developed a
water quality database for tracking water quality by time and location. The database was then integraeed
with a GIs to assist in presentations to gwerning badies, public outreach, and development of a water
quality monitoring program.
Reference: Mr. Rob Alnxy, Water Agency Manager (809 568-3542
CERTIFICATE OF EXEMPTION
FROM WORKERS COMPENSATION1 EMPLOYERS' LIABILITY INSURANCE
1, MlKHAlL OGAWA am the Sole Proprietor
[insert name] [title]
of MlKHAlL OGAWA ENGINEERING . I hereby certify that
[name of company]
MlKHAlL OGAWA ENGINEERING has no employees
[name of company]
and is not required by law to maintain workers compensation or employers' liability
insurance.
Should MlKHAlL OGAWA ENGINEERING employ any person during the term
[name of company]
of the Agreement with the City of Carlsbad for CARLSBAD WATERSHED URBAN
RUNOFF MANAGEMENT PROGRAM COORDINATOR SERVICES [description of
project or work that is being contractedl, then workers compensation and employers'
liability insurance will be obtained.
Executed on this LO day of Awwr , 20n at &fiD4*y California.
MlKHAlL OGAWA
[Name]
[Signature] v
SOLE PROPRIETOR - MlKHAlL OGAWA ENGINEERING
[Title] of [Name of company or corporation]
ClTY ATTORNEY APPROVED VERSION 09.05.01