HomeMy WebLinkAbout1999-06-15; City Council; Resolution 99-2151
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RESOLUTION NO. 99-215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
OGDEN ENVIRONMENTAL AND ENERGY SERVICES
COMPANY, INC., FOR CANNON ROAD WEST BIOLOGICAL AND
NOISE MONITORING, PROJECT NO. 3184.
WHEREAS, the City Council of the City of Carlsbad, California, has determi
it necessary and in the public interest to approve and accept an agreement with Ogl
Environmental and Energy Services Company, Inc., Cannon Road West Biological and Nc
Monitoring, Project No. 3184; and
WHEREAS, the Engineering Department requested Statements of Qualifications
provide biological, archaeological and paleontological monitoring from fourteen private fir
interested in providing biological and noise monitoring services for Cannon Road West ;
received responses from three firms; and
WHEREAS, after review of the proposals, staff is recommending Ogden Environmer
and Energy Services Company, Inc., as the most qualified firm for performing biologi
archaeological, and paleontological monitoring and performing data recovery, if necess;
based on their experience and expertise on similar types of projects; and
WHEREAS, the total project cost estimated for the monitoring is $148,293; and
WHEREAS, funds have been previously appropriated for Cannon Road West and thl
are sufficient funds available for this project; and
WHEREAS, the Mayor is hereby authorized to execute the proposed agreement
construction monitoring for Cannon Road West with Ogden Environmental and Ene
Services, Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb;
California, as follows:
1. That the above recitations are true and correct.
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2. That the agreement with Ogden Environmental and Energy Services Comp;
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Exhibit 3, is hereby approved. 3
Inc., for Cannon Road West Biological and Noise Monitoring, a copy of which is attached
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5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cou
6 held on the 15 day Of June , 1999 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila E, Hall 7
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12 ATTEST:
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14 ALWHA LwEN@NZ, City Clerk (SEAL)
KAREN R. KUNDTZ, Assistant City Clerk
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AGREEMENT FOR CANNON ROAD WEST
BIOLOGICAL AND NOfSE MONITORING
PROJECT NO. 3184
THIS AGREEMENT is made and entered into as of the 15 day of
June , 193, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and OGDEN ENVIRONMENTAL AND
ENERGY SERVICES COMPANY, INC., a Delaware corporation, hereinafter referred to
as "Contractor."
RECITALS
City requires the services of an environmental services Contractor to provide the
necessary monitoring services for preparation of reports in compliance with resource
agency permits; and Contractor possesses the necessary skills and qualifications to
provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
The Contractor shall perform the requirements as detailed in the Scope of Work
attached hereto and labeled Exhibit "A" and incorporated herein.
2. CITY OBLIGATIONS
The City shall provide the Contractor with one (1) copy of the plans, permits,
specifications and related studies for Cannon Road West.
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3. PROGRESS AND COMPLETION
The work under this contract began September 9, 1998 and will be completed
within six (6) years of that date. Extensions of time may be granted if requested by the
Contractor and agreed to in writing by the City. The City will give allowance for
documented and substantiated unforeseeable and- unavoidable delays not caused by a
lack of foresight on the part of the Contractor, or delays caused by City inaction or other
agencies' lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $148,293. No
other compensation for services will be allowed except th0s.e items covered by
supplemental agreements per Paragraph 8, "Changes in Work." The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of six (6) years from date thereof. The
contract may be extended by the City Manager for two (2) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City's
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
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6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Submissions shall be made per Exhibit "A".
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the 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,
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the City shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee.
IO. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City. The City shall make
a determination of fact based upon the documents delivered to City of the percentage
of work which the Contractor has performed which is usable and of worth to the City in
having the contract completed. Based upon that finding as reported to the City
Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
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City Manager shall make the final determination as to the portions of tasks completl
and the compensation to be made.
12. CLAIMS AND -LAWSUITS
The Contractor agrees that any contract claim submitted to the City must 1
asserted as part of the contract process as set forth in this agreement and not
anticipation of litigation or in conjunction with litigation. The Contractor acknowledgc
that if a false claim is submitted to the City, it may be considered fraud and tt
Contractor may be subject to criminal prosecution. The Contractor acknowledges th
California Government Code sections 12650 et sea., the False Claims Act, provides fc
civil penalties where a person knowingly submits a false claim to a public entity. Thes
provisions include false claims made with deliberate ignorance of the false informatio
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seek
to recover penalties pursuant to the False Claims Act, it is entitled to recover it
litigation costs, including attorney's fees. The Contractor acknowledges that the filing c
a false claim may subject the Contractor to an administrative debarment proceedin!
wherein the Contractor may be prevented to act as a Contractor on any public work o
improvement for a period of up to five years. The Contractor acknowledges debarmen
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contract0
from the selection proces Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
fl~&lnitial~
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13. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers' compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
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The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for its records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
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18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 willful misconduct, or negligent act, or omission 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.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
if the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the 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 contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
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21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract;shaIl affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
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25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City's conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A consultant. The
disclosure category shall be all categories.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract 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 work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall 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" and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
A. Coverages and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
I. Comprehensive General Liability 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 shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit. c
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2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer‘s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of one (1) year following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
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5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City:
For Contractor:
Title Associate Engineer
Name Sherri Howard Address 2075 Las Palmas Drive
Carlsbad. CA 92009-1 576
Title Project Manager
Name Douglas A. Gettinger
Address Oaden Environmental and Enerav Services v ", 551 0 Morehouse Drive
San Diego, CA 92121
ArchitectlLicense Number: N/A
ArchitectlLicense Number:
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
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29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this day of 119 *
CONTRACTOR:
OGDEN ENVIRONMENTAL AND
ENERGY SERVICES COMPANY, INC.
(sign here)
fichef mrm-crard. 1Tv: kt ATTEST:
KAREN R. KUNDTZ, Assistant City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Name(@ of Signer@)
)$personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) iwre
subscribed to the within instrument and
capacity(ies), and that by their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
. acted, executed the instrument.
WITNESS my hand and official seal. .
Place Notary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Title or Type of Document:
Document Date:
Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Guardian or Conservator
Signer Is Representing:
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatswotth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT "A"
SCOPE OF WORK
CARLSBAD CANNON ROAD WEST
BIOLOGICAL AND NOISE MONITORING
CARLSBAD, CALIFORNIA
Ogden Environmental and Energy Services Company (Ogden) shall provide services for the
City of Carlsbad associated with the extension of Cannon Road between LEG0 Drive and
El Camino Real in the City of Carlsbad, California. The purpose of this Scope of Work is
outlined in the following tasks:
Task 1: Bioloqical Construction Monitorinq
Ogden shall provide weekly biological construction monitoring visits and submit monthly
construction monitoring letter reports in accordance with agency permit and agreement
requirements. The purpose of the biological construction monitoring visits is to ensure all
permit conditions are followed, construction impacts remain within the permitted construction
corridor, and all erosion control and environmental fencing remains in good repair throughout
the construction period.
The scope for this task assumes construction will continue until May 16, 2000, as shown in the
construction schedule prepared by Hazard Construction Company, dated November 23, 1998,
and provided to Ogden by the City of Carlsbad.
Task 2: Paleontoloqical Monitorinq
Ogden shall provide paleontological monitoring for the slope associated with the Macario Canyon surcharge fill. Ogden has retained Petra Paleontology as a subcontractor to
provide these services. Onsite paleontological monitoring shall be completed, and invertebrate
fossils located at the site on January 28, 1999, will be cleaned, identified, and prepared for
storage at the San Diego Natural History Museum. Two copies of the final report, including an
itemized taxa list, will be submitted to the City of Carlsbad. A copy of the final report will also be
included with the invertebrate fossils when they are sent to the museum. Curation fees charged
by the San Diego Natural History Museum of up to $200 are included in this Scope of Work and
Cost Proposal.
Task 3: Acoustical Monitoring
Ogden shall provide acoustical monitoring along Cannon Road West Reach II so work may
continue during the bird breeding season in 1999. Ogden has retained Investigative Science
and Engineering (ISE) as a subcontractor to provide these services. ISE will perform weekly
acoustical monitoring of the Reach II alignment for the period beginning March I, 1999 and
concluding September I, 1999. Data will be simultaneously logged at several points along the
Cannon Road West Reach I1 alignment directly adjacent to the endangered species habitat.
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Based on these findings, ISE will recommend mitigation measures which are consistent with the U.S. Fish and Wildlife Service (USFWS), noise monitoring plan that will allow work to continue.
All measurements will be conducted using integrating sound level meters, which meet the
American National Standards Institute (ANSI) requirements for a Type 2 meter. The sound
metrics gathered will be consistent with those identified in the City of Carlsbad Draft Noise
Guidelines Manual.
All recorded data will be logged with annotations regarding date of test, time of test, site location (non-differential GPS mark), ambient conditions, temperature, wind speed and
direction, and observer comments.
ISE will provide a stand-alone summary report to Ogden indicating construction noise findings
and implemented mitigation measures. The report will be generated each month and Ogden
will include it with the monthly biological construction monitoring letter to the resource agencies.
As part of this task, ISE will attend up to two meetings of four hours each to discuss findings
and develop an agreeable noise mitigation monitoring plan.
Task 4: Aqencv Consultations
The City of Carlsbad intends to ask the agencies to allow work beyond the stated March 1
deadline for noise restrictions related to the breeding season for least Bell's vireo and willow
flycatcher. Ogden shall provide assistance to help the City amend its permits and agreements
with the U.S. Fish and Wildlife Service (USFWS), US. Army Corps of Engineers (ACOE),
California Department of Fish and Game (CDFG), and California Coastal Commission (CCC).
Ogden shall prepare letters or other text to support the time extension, talk to the agencies by
phone, and attend up to two meetings in support of this task. Attendance at a CCC meeting
outside San Diego County is not included in the budget for this task, and would require
authorization by the City as an additional work item.
Task 5: Bird Monitorinq
Ogden shall provide bird monitoring to determine when least Bell's vireo and/or southwestern
willow flycatcher arrive at the project site in 1999. Ogden's biologist shall visit the project site
every weekday morning starting Monday, March 1, 1999, and continue until the birds arrive or
through March 12, 1999, whichever comes first. Ogden's biologist shall arrive at the site each
morning about dawn and search for least Bell's vireo and southwestern willow flycatcher. The
biologist shall then prepare and deliver a handwritten report on that day's findings to the City's
project construction trailer and the USFWS field office in Carlsbad by 9:00 a.m. each morning.
Daily bird monitoring shall cease once the bird's return to project habitat has been confirmed.
As soon as least Bell's vireo and/or southwestern willow flycatcher have been confirmed to be
present in the habitat adjacent to the Cannon Road West Reach II alignment, or March 12,
whichever comes first, Ogden shall provide weekly bird monitoring along Reach II until
September I, 1999. This weekly bird monitoring shall consist of documenting least Bell's vireo
andlor southwestern willow flycatcher presence, location, and any nesting in the project vicinity.
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The bird monitor shall also document whether least Bell's vireo and/or southwestern willow
flycatcher successfully fledge nestlings.
Ogden's bird monitor shall prepare a brief monthly report discussing bird monitoring. This report
will be incorporated into Ogden's monthly biological construction monitoring letter to the
resource agencies. At the end of the bird monitoring period on September 1, 1999, Ogden's
biologist shall prepare a final brief written report with relevant graphics for the City, and submit it
to the agencies.
Task 6: Reveqetation Plan for Temporarv Impacts
Ogden shall prepare a revegetation plan for temporary construction impact areas associated
with the Cannon Road West project. This plan will be submitted to ACOE and CDFG for their
approval, as called for in the project's permits and agreements. Mitigation for permanent
impacts is not part of this project as the City has already implemented this program.
Task 7: Five-Year Bioloaical Monitorina Procrram for Temporaw Construction ImDact Areas
Ogden shall provide five years of horticultural and botanical monitoring for temporary
construction impact areas associated with the Cannon Road West Project. . In years one and
two, Ogden shall inspect the mitigation site monthly. In year three, Ogden shall inspect the
mitigation site six times, and in years four and five, Ogden shall inspect the mitigation site four
times. Ogden shall provide direction to the landscape maintenance contractor at or after these
monitoring visits, as needed.. Ogden shall prepare' letter reports after each monitoring visit and
submit them to the City of Carlsbad and landscape maintenance contractor.
Ogden shall establish permanent line intercept transects in the revegetation area and collect
botanical data for the first time towards the end of the first year. Data collected will include total
cover and cover by species. Height data for trees will be collected as necessary. Using the
established transects, Ogden shall collect botanical data towards the end of each year. Ogden
shall also make a count of dead container plants and determine if replacements are necessary.
Ogden shall analyze this data and include it in each of the five annual reports required for the
project. The annual reports shall describe both horticultural and botanical monitoring, compare the project with its established success criteria, and make remedial recommendations, if
needed, to help meet success standards. The annual reports shall be submitted to the
agencies each year for five years.
Assuming the project meets all of its success criteria, Ogden shall recommend in the final
annual report that the project be accepted by the agencies as successful, because it has met its
success criteria. If conditions warrant and the project attains early success, Ogden will attempt
to gain early release from the five year maintenance and monitoring program. Ogden shall
attend either an office or site meeting with the agencies if they so desire, to help secure agency
approval of the mitigation area.
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COST ESTIMATE
Our cost estimate for completing this Scope of Work shall not exceed $148,293. Cost
breakdowns by task are shown below. All work will be billed on a time-and-materials basis
under Ogden's attached current Schedule of Fees. This Cost Estimate is valid for the term of
the contract.
COST ASSUMPTIONS
Working drawings and labor hours are not included for installation and maintenance of
the temporary impacts mitigation area because the design has not been completed.
ADDITIONAL WORK
The Cost Estimate and Scope of Work described above reflects our current understanding of
project requirements. Amendments to the Scope of Work and Cost Estimate will be necessary if
attendance at a Coastal Commission meeting outside San Diego County is requested, there are
modifications to the project, or there are extensions in the time construction takes place.
SCHEDULE
Tasks 1-6 are expected to be completed by May 16,2000.
Task 7 shall be completed five (5) years from the end of project construction.
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EXHIBIT 2
OGDEN ENVIRONMENTAL AND ENERGY SERVICES COMPANY, INC.
I999 SCHEDULE OF FEES
Professional Category 15
Professional Category 16
Professional Category 17
Professional Category 18
Professional Category 19
Technician Category 32
Technician Category 33
Technician Category 34
Technician Category 35
Technician Category 36
Technician Category 37
Technician Category 38
Admin/Clerical Category 41
AdminlClerical Category 42
AdminlClerical Category 43
Admin/Clerical Category 44
AdminlClerical Category 45
AdminlEditor Category 46
GraphiclCAD Specialist Category 47
Word Processor Category 48 -
$1 25.00
$135.00
$145.00
$1 50.00
$1 70.00
$30.00
$35.00
$40.00
$45.00
$50.00
$55.00
$60.00
$25.00
$30.00
$35.00
$40.00
$45.00
$50.00
$50.00
$35.00
COMPUTERS
The charge for use of in-house computers for analytical circulations, database management, graphics generation, modeling applications, and other similar functions is $15 per hour, The charge for use of Computer-Aided Design and Drafting (CADD) is $25 per hour.
DOCUMENT REPRODUCTION
In-house reproduction will be charged at $0.10 per page for 8.5" x 11" and 11" x I?", and $1 .OO per page for other sizes. Color copies will be charged at $2.00 per page.
EXPERT WITNESS SERVICES
When Ogden staff appear as expert witness at court trials, mediation, arbitration hearings, and depositions, their time will be charged at $250 per hour.
GENERAL TERMS
1. Overtime rates for Technician and
. , Administrative categories working in excess of 40 hours per week are 1.5 times the regular hourly rates. All overtime for professional services is billed at regular rates.
2. All other direct costs such as travel, per diem, reproduction, telephone supplies, and subconsultants are billed at cost plus 15%. It is further agreed that for any work performed in part or in whole within California under this agreement, venue for any dispute that may arise under this agreement will reside in San Diego County, California.
3. Invoices will be prepared monthly for work in progress unless otherwise agreed. Payments are to be made to Ogden-San Diego, P.O. Box 840427, Dallas, TX 75284-0427, within 30 days after the invoice date. Any invoices not paid in 30 days are subject to a service charge of 1.5% per month on the unpaid balance. J 4. The labor rates presented in this Schedule of Fees are in effect until December 31, 1999. These rates .are revised annually in January for each calendar year and will be forwarded for inclusion as a part of this contract.
This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contracf or proposal.
rev. 2/26/99
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