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					                                                          Agreement No D06-043


         EXHIBIT B – Strikethrough/Highlight Version


                                   (Exhibit A)

                                 Scope of Work

                                       For

                        Regulatory Permitting Services

I. INTRODUCTION

  Resources and Development Management Department (RDMD) OC Public
  Works requires supplemental engineering resources to meet workload
  demands and project scheduling commitments. In order to supplement its
  existing resources, RDMD OC Public Works intends to issue an "on-call"
  Resource permit processing Consultant (Consultant) services contract for use
  by RDMD OC Public Works on an "as-needed" basis for permit processing
  work. No specified amount of work is guaranteed to the CONSULTANT.
  However, the amount of contracted work that will be required on an "as-needed"
  basis shall not exceed $200,000 unless otherwise amended by the Board of
  Supervisors. Throughout the remainder of this “Scope of Work” the term RDMD
  OC Public Works will refer to the RDMD OC Public Works staff who are
  administering the contract, unless stated otherwise.


II. PURPOSE

  The purpose of this Scope of Work is to describe the "on-call" professional and
  sub-professional permitting support services to obtain the environmental
  permits necessary for RDMD OC Public Works capital improvement and
  maintenance projects.


III. SCOPE OF WORK

  The services to be provided under the terms of this agreement include but are
  not limited to: Conducting necessary biological resources surveys; identifying
  the extent of jurisdictional wetlands/waters of the U.S. per 1987 Corps Manual;
  establishing appropriate mitigation per Methods of Assigning Mitigation Ratios
  for Impacts to Riparian Systems (Dr. Stein); identifying, evaluating and
  developing mitigation plans for impacted waters and wetlands; preparing
  appropriate state and federal regulatory permit/agreement applications or
  notices; and completing initial studies and subsequent environmental


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                                                           Agreement No D06-043


 documentation in compliance with the California Environmental Quality Act
 (CEQA).

A.   Biological Resources Surveys.

     1. CONSULTANT shall perform biological resources surveys to a level
        adequate to obtain the required Clean Water Act Section 404 individual
        permits or nationwide permits from the U.S Army Corps of Engineers;
        Section 1602 Streambed Alteration Agreement from the California
        Department of Fish and Game; Section 401 discharge permit from the
        Regional Water Quality Control Board; and Coastal Zone Management
        Consistency approval from the Coastal Commission.

     2. CONSULTANT shall identify all sensitive (state and/or federally-listed)
        plant and/or animal species. If sensitive species are identified that may be
        impacted by the project, the CONSULTANT shall assist in the
        development of a mitigation strategy for processing a Section 7
        Consultation and obtaining a Biological Opinion from the U.S. Fish and
        Wildlife Service.

     3. The CONSULTANT shall provide both a quantitative and qualitative
        assessment of habitat values using Dr. Stein’s “Methods of Assigning
        Ratios for Riparian Systems”.

B. Preparation of environmental documentation in compliance with the
   California Environmental Quality Act (CEQA).

     1. CONSULTANT shall complete environmental checklist and associated
             initial study.

     2. CONSULTANT shall prepare appropriate CEQA documentation including
        categorical exemption or, if necessary, negative declaration (ND),
        including public posting and all documents necessary to certify the
        negative declaration.

     RDMD OC Public Works / Environmental Planning Services Division (EPSD)
     will serve as the “lead agency” for CEQA compliance. Public Project Section
     will make the environmental determination regarding the appropriateness of
     a “ND” or “categorical exemption” in satisfying the requirements of CEQA.

C. CONSULTANT shall prepare regulatory permit/agreement applications or
   notices as directed. These permits include but are not limited to:

     Federal Regulatory Permits:




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                                                             Agreement No D06-043


      1. U.S. Army Corps of Engineers Section 404 permits (nationwide or
        individual), Section 10 of the Rivers and Harbors Act of 1899, and the
        preparation of any alternatives analysis required.

      2. U.S. Fish and Wildlife Service Section 7 consultation for 404 permits.

      3. U.S. National Marine Fisheries Service.

      State Regulatory Permits and/or Agreements:

      1. California Regional Water Quality Control Board (CRWQCB) Section 401
         certification;

      2. California Department of Fish and Game Streambed Alteration
         Agreement;

      3. California Coastal Commission Coastal Development Permit

      Local Permits:

      1. Coastal development permit in cities with Local Coastal Plans approved
         by California Coastal Commission.

      2. Orange County Natural Community Conservation Planning/Habitat
         Conservation Plan (NCPP/HCP) compliance consistency.

  D. CONSULTANT shall establish the appropriate mitigation ratio per the
     Methods of Assigning Mitigation Ratios for Impacts to Riparian Systems (Dr.
     Stein). Prepare habitat mitigation plans as necessary for each project.

  E. CONSULTANT shall assist in negotiations with the state and federal
     resource agencies as part of the Corps’ pre-discharge notification process.

  F. In conjunction with Biological Resources Survey, (III. A.), CONSULTANT
     shall prepare wetlands delineation of the waters of the United States and
     waters of the State of California. The delineation report shall be included as
     part of the permit application package.


IV. SCHEDULE OF TASKS

   The CONSULTANT will be assigned project tasks by the Manager of the
   Engineering & Permit Services Division. Some of the project tasks to be
   assigned include the preparation of environmental documentation and
   preparation/processing of the necessary regulatory permits, waivers or
   certifications required for the project’s environmental permits. Project tasks also



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                                                        Agreement No D06-043


 include meetings with RDMD OC Public Works staff to review the work
 progress, provide direction, resolve problems and ensure adherence to the
 work completion schedule. Within five working days of each meeting required
 by RDMD OC Public Works, the CONSULTANT shall submit a memorandum
 summarizing the results of the meeting to RDMD OC Public Works staff for
 concurrence and provide a project schedule for completion of the tasks to be
 performed. The following outline provides typical tasks to be accomplished.

   1. RDMD OC Public Works will provide the CONSULTANT with a description
      of the project with mapping of the limits, sketch of the proposed
      construction or maintenance work, project cost estimate and location map.

   2. RDMD OC Public Works and CONSULTANT will meet in the field to
      determine the project’s environmental parameters such as the probable
      extent of CEQA documentation, level of biological survey required and, if
      necessary, scope of mitigation to be required.

   3. CONSULTANT shall prepare environmental checklist and, if necessary,
      initial study and submit to RDMD OC Public Works /EPSD for review. If a
      negative declaration (ND) is required, CONSULTANT shall prepare the
      ND and submit to EPSD for review, approval and public posting.

   4. CONSULTANT shall prepare and submit to RDMD OC Public Works all
      necessary regulatory permit/agreement applications for the project. The
      applications shall include, if necessary, a habitat mitigation plan.

   5. CONSULTANT shall coordinate and be available for meetings with RDMD
      OC Public Works staff and the regulatory agencies to respond to
      comments, discuss terms for mitigation or other project issues as needed.


   6. CONSULTANT shall perform biological resources monitoring upon
      request by RDMD OC Public Works to ensure compliance with state and
      federal agency permit and/or agreement conditions in consultation with the
      County Biological Resources Monitor.

   7. CONSULTANT shall perform tasks other than those noted above that may
      be required to secure the required project regulatory permits.

V. CONSULTANT COMPENSATION

  A. Project Tasks

      RDMD OC Public Works will describe the project tasks to be performed
      and the method of payment which may be negotiated as a lump sum or at
      an hourly rate for each project. The project tasks to be performed and the



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                                                          Agreement No D06-043


   payment method must be approved in writing by the DIRECTOR prior to
   beginning work. CONSULTANT must submit billing rates for all
   employees at the time they submit their proposal. Employee billing rates
   shall be consistent with Exhibit B of this AGREEMENT.

   CONSULTANT may be required to submit monthly invoices for costs plus
   actual costs of services provided by others, if any. Total payment to
   CONSULTANT invoiced on a monthly basis shall not exceed the total
   authorized amount. CONSULTANT’s monthly invoices shall be subject to
   RDMD OC Public Works approval in accordance with progress of work
   and based on the approved PROJECT SCHEDULE, if any.
   CONSULTANT shall include with billings the project name, agreement
   number, work order number, time period of billing, total dollar cost of
   AGREEMENT, dollar amount of invoice, remaining dollar amount on
   AGREEMENT.

   For the time and material work, CONSULTANT shall show on the invoice
   a breakdown of the time spent on project by each staff member, by name,
   and the hourly rate charged and costs totaled for each staff member. For
   lump sum work, CONSULTANT shall show percent completion at the time
   of the invoice. CONSULTANT shall also show on invoice a complete
   accounting for reimbursable items as described below.

   Payment to CONSULTANT shall be within forty-five (45) days of receipt by
   RDMD OC Public Works on an approved invoice. Ten percent (10%) shall
   be withheld from each invoice submitted by CONSULTANT on each
   individual project. Payment of the remaining ten percent (10%) of each
   project shall be made upon acceptance and approval of said project by the
   DIRECTOR.

B. Extra Work

   Extra work not described in this AGREEMENT may be required. In the
   event RDMD OC Public Works requires such work, additional
   compensation for this work shall be agreed upon by CONSULTANT and
   RDMD OC Public Works prior to commencing any work. The appropriate
   fee and performance of such work shall be authorized in writing by the
   DIRECTOR, and shall not exceed ten percent (10%) of the total
   authorized AGREEMENT amount.

   In the event extra work is required, the schedule of fees included in the
   AGREEMENT as Exhibit B will determine the basis for payment for extra
   work.

   Note: Extra work does not include work directly related to completing
   project but not specifically mentioned in section III or IV in this exhibit.



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                                                          Agreement No D06-043



C. Reimbursable Items of Work

     Reimbursable items of work includes non-salary expense items not
     included in scope of work but necessary for the work and approved in
     writing in advance by the DIRECTOR. Reimbursable direct costs may
     include the following:

     1. Identifiable communication expense, such as long distance telephone
        and Fax, telegraph, cable express charges, and postage, other than for
        general correspondence required for the performance of the work.

     2. Identifiable printing or reproduction services required in the
        performance of completing project.

     3. Third party services such as outside laboratory charges, commercial
        printing and binding and similar costs not applicable to general
        overhead.

        Note: CONSULTANT in-house computer time is not considered a
        reimbursable item and should not be included as part of
        CONSULTANT fee listed in Exhibit B.

     4. Materials used for in-house testing, laboratory and field supplies.

     5. Permit fees, parking fees, applications fees, and filing fees.

     6. Mileage for field work and meetings outside of Orange County.

     Payment to CONSULTANT shall be conditioned upon CONSULTANT
     providing an invoice with copies of the tickets, receipts, or other proof of
     payment by CONSULTANT. Payment to CONSULTANT for all
     reimbursable Items of Work shall be actual invoice cost plus a service
     charge of five percent (5%) and shall not exceed $500.00 unless prior
     written authorization for reimbursement has been received from
     DIRECTOR.

D.   Items Not Considered Reimbursable

     1. Local hotel and meal expenses for the CONSULTANT employees
        being utilized during course of working on this project.

     2. Vehicle rental and equipment use rentals.

     3. Computer software, including but not limited to Computer Aided
        Design, GIS, word processing, scheduling and other software



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                                                             Agreement No D06-043


             considered necessary to complete project and subsequent equipment
             operation related to the production of permit applications, regulatory
             document submittals, reports, exhibits, and study documentation,
             which shall be considered included in the cost of general overhead
             and included in the hourly personnel rates for this project.

         4. General overhead costs such as accounting, computer rentals, and
            items generally required for the basic operations of daily business
            directly related to this project.

         5. Regulatory reference manuals, guidelines, books, periodicals or other
            written materials.

         6. Local telephone and FAX.

         7. Costs, other than those explicitly authorized in paragraph C, unless
            written approval has been obtained in advance from the DIRECTOR.

VI.   DISTRICT SUPPLIED ITEMS

      The DISTRICT shall provide the CONSULTANT the following as available to
      the DISTRICT

      1. Project information including description and location.

      2. Environmental permits obtained for project.

      3. Reference environmental documents, plans, and reports.




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