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HomeMy WebLinkAboutWildlife Research Associates 2015-04-09 coGL �I o, 1415-I�� AGREEMENTFOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this e �� �day of I-� >;�; , , 2015 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter� to as "City" and Wildlife Research Associates, a partnership organized and in good standing under the laws of the state of California, hereinafter referred to as "ConsultanY'. RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related to completion of a special status wildlife survey and wetland delineation. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within 3 months from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $13,295. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, Agreement-Landtill Special Staws Wildlife Survey&Wetland Dclineation PAGF I OF 7 which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Chanqes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means difFerent activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Pavment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Pavment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily perFormed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work perFormed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. Agreement— L�idtill Speaal Status N'Jdhfe Survey K Wetland Uelineavon PAGE 2 OF 7 Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager's determination. 6.0 INDEMNIFICATION 6.1 Insurance Liabilitv. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultanYs profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Agreemem— Landfill Special Stanis Wlldhfe Survey R WetlandDelmeavon FAGE 3 OF 7 3. Worker's Compensation and Emplovers Liabilitv: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000 per accident. 4. Errors and Omissions liabilitv: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liabilitv and Automobile Liability Coveraqes a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The ConsultanYs insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Emplovers Liability Coveraqe The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. :Agreement— Landfill Special Slatus Wildlife SurvevS WetlnndDclmcation PAGF 4 OF 7 3. Professional Liability Coveraqe If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend for the duration of the work being performed. 4. All Coveraqes Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptabilitv of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coveraqe Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. A�recment— l.u�dfll Special Status Wildhfe Siwey S Wetlend Dehneation PAGE 5 OF 7 "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers,, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governinq Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Aqreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 SeverabilitV. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assiqnment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services .4greement— Landfll Spaaal St�tus WildLle Survey&lYetl;�nd Dehneation PAG�G OF 7 performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Execution of Aqreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH Greg and Trish Tatarian DEPT. OF PUBLIC WORKS Wildlife Research Associates 300 SEMINARY AVENUE 1119 BURBANK AVENUE UKIAH, CALIFORNIA 95482-5400 SANTA ROSA, CA 95407 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: 6�— � `-"'' � �� �c�/ /, Date PRINT NAME�(�Ly�� IrI,��Zf��'� ��-��"��g� IRS IDN Number CITY OF UKIAH BY: �,_, ; �-/'' � �� < %� `� Date ITY MANAGER ATTEST � , ' Li � �;;, ��:�`> ;y'�.� � ��,�;� � �� � �- l� �� �.� CITY CLERK Date Aereemcnt- Land611 5pecml S[atus W�Idlde Survev d Wetland Delmeation P�GE 7 OF 7 ll � /( E'.;`��ht`�f'i�$ # <;,, r Wil�fife Rese�rch Associ�tes � �,,�, ,�� , � ;�"�-, �"y .����i ���� ;,�,��' - Greg anc�Trish T�tariaa �� % �� 1119 Burb�nkAvenue �� �' '.�� ` Santa Rosa, CA 95407 ���� �� � Ph: 707.544.b273 Fax: 707.544.b317 � � ,'�� 1` http://wildliferesearchassoc.com trish(c�wildliferesearchassoc.com qreqbat nC�wildliferesearchassoc.com February 25, 2015 Tim Eriksen City of Ukiah Public Works Department 300 Seminary Avenue Ukiah, CA 95482 ProposaL• Biological Consulting—Ukiah Landfill Closure, Mendocino County Dear Tim: Thank you for the opportunity to provide this proposal for conducting biological consulting services for the Ukiah Landfifl slated for full closure. located east of the City of Ukiah, Mendocino County. Wildlife Research Associates specializes in wildlife habitat evaluations, focused surveys for special-status species, formal Site Assessments, and informal and formal consultations with the U.S. Fish and Wildlife Service (USFWS)and the California Departinei7t of Fish and Wildlife (CDFW). We also have experience with the preparation of due diligence reports, constraints analyses, and environmental documents under the California Environmental Quality Act(CEQA), as well as the National Environmental Policy Act(NEPA). We are holders of USFWS 10(A)1(a) permits for conducting research with California tiger salamander(Ambvstoma californief�se), a federally listed Endangered species, and California red-legged frog(Rana draytonii), a federally listed Threatened species, as well as Scientific Collection Permits and a Memorandum of Understanding for work with bats, through the CDFW. We are also a California Certified Small Business Enterprise. We have prepared this Scope of Work and Cost for preparing a Biological Assessment and conducting special status-species surveys. Jane Valerius and I ran the California Natural Diversity Data Base for a list of special status species that may occur in the area of the project site. Based on the latitude of the project area, it is outside the species range for the federally listed Threatened California red-legged frog(Rana dravtonii), but it is within the hydrologic unit for the California Central Coast Steelhead(Onco��hyncl�us mykiss), a federally listed Threatened species with Critical Habitat. Foothill yellow-legged frog(Rana boylii)and western pond turtle(Emys niczrmoratcz), both California species of special concern are also reported from the area. The Biological Assessment will also assess whether the project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of plant,fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal communiry, or reduce the number or restrict the range of an endangered, rare or threatened species. Project impacts will be evaluated for their direct, indirect and/or cumulative impacts and specific recommendations for mitigation measures fior impacts to biological resources reflecting current regulatory standards will be provided. Concurrently with the Biological Assessment, a delineation of waters of the U.S., including wetlands, as defined by the U. S. Army Corps of Engineers(Corps)will be prepared as a separate report. The delineation Californi� fertifec/Sma��Business En terprise#0026331 of potential wetlands and waters of the United States will be conducted in accordance with the U. S. Army Corps of Engineer's(Corps) 1987 manual and the Arid West Supplement for the proposed project. The Biological Assessment will include the findings of the delineation, but a separate report will be prepared that can be s�ibmitted to the Corps for their jurisdictional determii7ation as part of the permit application process The budget presented in our Scope of Work covers report preparation and one round of conunents by the client or his representative. This budget does not include revision to the report after review by the agency. Any subsequent revisions will be billed on a Time and Material basis. The Biological Assessment witl present a biological analysis of the site and mitigation measures based on current knowledge and our professional experience. We can make no guarantees regarding final approval or acceptance by agencies of survey results, project pla��s, or mitigation measures. Thank you for considering us for your environmental consulting work. If you have any questions regarding this proposal, please call or email. Sincerely, � ;'.ar�r!��--- Trish Tatarian Attachments: Scope of Services, List of Assumptions Proposal—Ukiah Landfill Closure 2 Wildlife Research Associates and Biological Assessment Jane Valerius Environmental Consulting Scope of Services for Biological Consulting Ukiah Landfill, Mendocino County Tim Eriksen—City of Ukiah Task 1: Biological Assessment This proposed Habitat Assessment is to evaluate the potential for occurrence of all special-status plant species as part of the NEPA/CEQA analysis. Wildlife Research Associates and Jane Valerius Environmental Consulting will review the CDFW California Natural Diversity Database and (CNDDB)contact the USFWS for a list of federally protected species to prepare a list of potentially occurring special-status plant and animal species within 5-miles of the project area. We will also search the California Native Plant Society's (CNPS)on-line electronic inventory for updated information on special status plants for the area. We will conduct a reconnaissance-level survey of the 40 acre landfill and proposed buffer areas, for a total of approximately 7� acres. We will document the plant and wildlife habitats on site, and identify the potential for any special-status species to be impacted by the project, with special attention paid to foothill yellow-legged frog(Rana boylii), western pond turtle(Ernys ma�•morata) and central California Central Coast steelhead(Oncorhy�rchus mykiss), among others. We will conduct a separate survey of Sulphur Creek, and record the physical parameters of pools (i.e. estimated pool length, width and depth)observed, describe the hydrology of each pool at the time of the survey, the presence and extent of aquatic,emergent and riparian vegetation along the creek, and the channel bottom type. An emphasis will be placed on those habitats likely to support fish, amphibians and aquatic reptiles. We will incorporate the findings of the site survey into the Biological Assessment. The Biological Assessment will also assess whether the project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of plant, fish or wildlife species, ca�ise a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of an endangered, rare or threatened species. Project impacts will be evaluated for their direct, indirect and/or cumulative impacts and specitic recommendations for mitigation measures for impacts to biological resources reflecting current regulatory standards will be provided. This scope of work includes incorporation of a single round of comments by the Client and his representatives. Additional revisions and client coordination can be provided as the budget allows and thereafter will be billed on a time and materials basis as required. Task 1 Labor and Expenses Cost: $9,100.00 Task 2: Wetland Delineation Separate from the Biological Assessment, a delineation of the waters of the U.S., including wetlands. as defined by the Corps, will be conducted for the proposed project in accordance with the Corps 1987 manual and the Arid West Supplement. The delineation can be submitted to the Corps for their jurisdictional determinatiou as part of the permit application process. The report will include a delineation map, data sheets, and supplemental information to support the analysis, as required by the Corps to make a formal jurisdictional determination. We have included a site visit with the Corps in this cost as part of the veritication. As part of the report the following information is required: • A locality map on a USGS quad sheet or copy with the project boundary outlined. • Delineation map on an aerial or topographic base. We assume that EBA Engineering will provide the graphics and maps for the delineation report. Task 2 Labor and Expenses Cost: $4,195.00 Proposal—Ukiah Landfill Closure 3 Wildlife Research Associates and Biological Assessment Jane Valerius Environmental Consulting Scope of Services for Biological Consulting Ukiah Landfill, Mendocino County Tim Eriksen—City of Ukiah Wildlife Research Associates will provide the Biological Assessment and wetland delineation for a total labor and expenses cost not-to-exceed $13,295.00. This proposal is valid for 60 days. We will not conduct any field work until all contract documents, including special insurance wording, timits and other requirements, have been provided to us. with sufficient time to obtain the necessary insurance certificate,and fully execute contracts. Insurance certificates may take up to 10 days to obtain from request. Once executed,this contract is valid for a period of 6 months; any delays in work may require renegotiation of this contract. These reports will provide the background documentation for the USFWS analysis that will be prepared by the USFWS. Questions related to the timing of the process should be directed to the USFWS. We cannot guarantee timely responses by the agencies, such as the Corps, CDFW or USFWS. As a result, the timeline for the report may be delayed through no fault of Wildlife Research Associates. This contract does not include the permitting process. For example, if seasonal wetlands occur on the site, an Army Corps of Engineers 404 Permit will be required and will be a separate Scope of Work. Additional surveys, coordination report revisions, if required. will be billed on a time and materials basis at a rate of$120/hour. Billing will be submitted by Wildlife Research Associates upon completion ofthe Scope of Work identified in this contract; if work extends over successive monthly periods, progress invoices will be submitted monthly. Payment is not contingent on permit issuance or clearances from agencies. Trish Tatarian Client Authorization Print Name Wildlife Research Associates Californin SBE#002633! ��_.v�.�r�a.� Client Authorization Signature Wildlife Research Associates 2/25/2015 Date Date Proposal—Ukiah Landfill Closure 4 Wildlife Research Associates and Biological Assessment Jane Valerius Environmental Consulting ASSUMPTIONS WITH RESPECT TO THIS PROPOSAL In order to conduct our work, the Client shall provide the following to Wildlife Research Associates: l. Access to all project reports, aerial photographs, and maps relating to the site's environmental resources in order to provide the described scope of services in an efficient manner. It is assumed that Client will provide all necessary site plans, base nlaps, and grading plans. 2. Access to the site, even during periods of rain, if required. Also: 3. Payment for our services is not contingent upon Client obtaining financing or fimding for this project. 4. Client or other project team members shall provide services not included in this scope of work, including: preparation of CAD or other digital drawings, CEQA or NEPA documents, planning, engineering, geotechnical, hazardous waste, cultural resources and hydrologic services. The Client or others shall provide necessary hydrologic studies,including studies of drainage, water table profiles and water quality, necessary for wetlands mitigation planning. 5. After the Client has been notified, and within a reasonable period oftime, Wildlife Research Associates is obligated to report findings of rare, threatened or endangered plant and animal species to the California Natural Diversity Database(CNDDB), as a condition of our various permits and Memoranda of Understanding. 6. Client shall prepare all �-ading, site and other plans, and specified final graphics of Wildlife Research Associates' work. 7. Not included in this scope of work is the undertaking of any subsurface investigations, including groundwater and soil testing. 8. This scope of work is provided as complete. Related services not included in this scope may include, but are not limited to, focused wildlife or plant surveys other than those described, analysis of impacts, extensive or protracted agency ��egotiations. beyond what is described, development of conceptual or detailed mitigation plans, attendance at any meetings other than those described, additional team coordination, completion or review of any CEQA or NEPA documentation, response to comments, additional client or agency coordination, presentations, or attendance at public hearings. 9. Additional unplanned activities, as requested by the client, will be charged on a Time and Material Basis. 10. No guarantees, expressed or implied, are made by Wildlife Research Associates, regarding final approval or acceptance by agencies of survey results, project plans, or mitigation measures. Client Initials: Date: Proposal—Ukiah Landfill Closure 5 Wildlife Research Associafes and Biological Assessment Jane Valerius Environmental Consulting 11 '� ��.t},�,�hm�a,t # 8 `, , - Wi(�life Rese�rch Associ�tes ti , �� -�� �K; � ,�°� ' ��`,�,�?�;� Greg an�/ Trish Ta tariaa ti � :, 1T19 Burb�nk Avenc�e .� �; :��� � ��� � � - ' ¢�� *+ ,- : Santa Rosa, CA 95407 ; ..� � Ph: 707.54/+.627} Fax: 707.544.b317 http://wildliferesearchassoc.com trish anwildliferesearchassoc.com greqbatCa�wildliferesearchassoc.com March 23, 2015 Richard J. Seanor, PE Deputy Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 T 707-463-6296 F 707-463-6204 rseanor�a�cityofiikiah.com Schedule and Fees—Ukiah Landfill Closure, Mendocino County Dear Rick: Thank you for considering us for your environmental consulting work. Our fees are $120.00 per hour for report writing and travel. Our mileage expenses are based on the federal rate of$0.575/mile. We estimate that the field work will be conducted on April 7 and 29, 2�15 with a draft report sent to the City of Ukiah by May 29`h, �015. Once all comments are received will can turn the report around in two weeks. Cf you have any questions regarding this fees and schedule, please call or email. Sincerely, ' ;'_,a,,��'_.-i a�#.��---- Trish Tatarian Attachments: Scope of Services, List of Assumptions C�liforni� CerEified Small Busrness Enterprise#OOZ6331