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HomeMy WebLinkAboutDudek Engineering and Environmental; 2015-01-08;AGREEMENT FOR WATER QUALITY TESTING AND REPORTING SERVICES FOR THE CROSSINGS GOLF COURSE DUDEK ENGINEERING AND ENVIRONMENTAL THIS AGREEMENT is made and entered into as of the day of OanOa^rLf , 20/5". by and between the CARLSBAD PUBLIC FINANCING AUTHORITY (CPFA), and Dudek Engineering and Environmental, a California Corporation, ("Contractor"). RECITALS A. CPFA requires the professional services of a firm that is experienced in water quality monitoring and testing and with the reporting of water quality testing and monitoring at The Crossings Golf Course. B. Contractor has the necessary experience in providing professional services and advice related to ground water quality testing and reporting and is expected to achieve the desired results in an expedited manner. C. Contractor has submitted a proposal to Authority and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CPFA and Contractor agree as follows: 1. SCOPE OF WORK CPFA 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 Executive Director of the CPFA may amend the Agreement to extend it for 1 additional 1 year period or parts thereof in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, CPFA needs, and appropriation of funds by the CPFA. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Eight thousand, nine hundred and ninetv four dollars and ninetv five cents ($ 8,994.95 ). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The CPFA reserves the right to withhold a ten percent (10%) retention until CPFA has accepted the work and/or Services specified in Exhibit "A". CPFA Attorney Approveci Version 1/30/13 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 CPFA. Contractor will be under control of CPFA only as to the result to be accomplished, but will consult with CPFA as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CPFA for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CPFA will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CPFA 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 CPFA within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CPFA 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 CPFA election, CPFA 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 CPFA. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CPFA 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 CPFA. 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 CPFA. 8. OTHER CONTRACTORS The CPFA reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the CPFA and its officers, officials, employees and volunteers from and against ail 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 CPFA incurs or makes to or on behalf of an injured employee under the CPFA'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 wili 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-:Vir'. OR with a surplus CPFA Attorney Approved Version 1/30/13 line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or CPFA 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. CPFA, 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 Liability, (if the use of an automobile is involved for Contractor's work for CPFA). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CPFA'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. I I If box is checked. Professional Liability CPFA's initials Contractor's Initiais Insurance requirement is waived. 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 CPFA will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the CPFA. 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 CPFA sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to CPFA's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CPFA. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CPFA 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 CPFA Attorney Approveci Version 1/30/13 the required coverages. Contractor is responsible for any payments made by CPFA to obtain or maintain insurance and CPFA may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CPFA 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 CPFA of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be cleariy identifiable. Contractor will allow a representative of CPFA 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 CPFA. 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 CPFA. 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 CPFA and Contractor relinquishes all claims to the copyrights in favor of CPFA. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CPFA and on behalf of Contractor under this Agreement. For CPFA For Contractor Name Liz Ketabian Name Title Park Planning Manager Title i|Y>loHt3c ^j^fefewnvgyi Sy^^^^^'^ Department Parks and Recreation Address ^jgO^ "TWI»^<1 ^Shiffeii CPFA of Carlsbad Brctrvt'fa.'b djV *?"Ztf 2.tj Address 799 Pine Ave. PhoneNo. '^UO ' ^11-^2. 6 3 Suite 200 Email "DAgiHrVflgr^g "Pudgk- 'Ci»*>\ Phone No. 760-434-2978 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. CPFA Attomey Approved Version 1/30/13 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the CPFA Clerk in accordance with the requirements of the CPFA of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in 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 iaws, 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 whose services are 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 othenwise settled by agreement between the parties. Representatives of Contractor or CPFA 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 (10) business days. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded to the CPFA Manager. The CPFA 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 CPFA 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. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CPFA may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CPFA decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CPFA 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 CPFA and all work in progress to CPFA address contained in this Agreement. CPFA will make a detennination of fact based upon the work product delivered to CPFA and of the percentage of work that Contractor has performed which is usable and of worth to CPFA in having the Agreement completed. Based upon that finding CPFA 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 CPFA, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CPFA. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee CPFA Attorney Approved Version 1/30/13 payable under this Agreement. CPFA 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, CPFA will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise 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 CPFA 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 CPFA, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seo.. 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 CPFA 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 CPFA to terminate this Agreement. 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 CPFA and Contractor and their respective successors. Neither this Agreement or any pari: of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CPFA, 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. CPFA Attorney Approved Version 1/30/13 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 CARLSBAD PUBLIC FINANCING AUTHORITY, a jqjnt powers authority By: (sign here) June Collins Executive Vice President (print nanP^Sl) (print name/title) Gj^gt^^anagor or Mayor or Division Director as authorized by the CPFA Manager Chris Hazeltine ATTEST: ^RBARA El Secretary to t Ml If required by CPFA, 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: CELIA A. BREWER, CPFA Attomey BY: Ml rPZ- Assistant Special CcAjnsel CPFA Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES Task 1 Quarterly Water Quality Monitoring Dudek shall collect one set of quarterly water samples from two permanent surface sample stations and two groundwater well locations in Macario Canyon at the Crossings at Carlsbad golf course, as specified in the City of" Carlsbaci Municipal Golf Course Water Quality I\Aonitoring Plan, dated November 18, 2004 (P&D Environmental). The collected water samples will be transmitted to testing laboratories using standard chain of custody protocols for the specified chemical analysis and toxicity testing. Copies of the laboratory test results will be fonwarded to Kemper Sports and the City of Carisbad once test results are received. Dudek will advise Kemper Sports of any exceedance of monitoring thresholds in accordance with the Water Quality Plan, and once approved, Dudek will notify the California Coastal Commission staff, as required by the permits. Task 2 Water Quality Monitoring Annual Reports Dudek shall include the results of the water quality sampling for inclusion in the water quality monitoring report for 2015, summarizing the water quality monitoring test results for submission to the executive director of the California Coastal Commission, as required by the Coastal Development Permit. No annual report will be prepared for 2014. Deliverables The following deliverables will be prepared and provided as part of the scope of work: One quarterly water quality monitoring test results Total Costs for Tasks 1 &2 Dudek will be compensated for completing the above tasks and deliverables in the amount of $8,994.25 The above compensation includes all labor, mileage, laboratory fees, courier service, document production, and color reproduction that will be required to complete the scope of work. All work will be billed on a time-and-materials basis not to exceed the total fee outlined above. Additional services requested by the city beyond this scope of work would be billed on a time- and-materials basis upon the city's written request and authorization to perform said additional work and per the attached standard fee schedule. CPFA Attorney Approved Version 1/30/13 DUDEK 2014 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director $250.00/Vr Piincipai Engreer III $220.00/tir Princ¥)al Engineer 11 $210,00/tT Principal Engheer I $200.00/hr Program Manager $200 00/hr Senior Project Manager $190.00/hr Project Manager $185 ,00/hr Senior Engheer 1t1 $180.00/hr Senior Engneer 11 $170.00/hr Senior Engheer I $160.00/hr Project Engineer IV/Technician IV $150 00/hr Project Engineer lllTTechnician 111 $135.00/hr Prqect Engineer lyjechnician 11 $120.00/hr Project Engineer VTechnician 1 $105.00/hr Inject Coordinator $85.00/hr Engineerng /Assistant $75.00/hr ENVIRONMENTAL SERVICES Prhcipal $225 00/hr Senior Project Manager/Specialist fl. $210 00/hr Senior Project Manager/Specialist 1 $200 00/hr En vironmertal Specialist/Planner VI $180.00/hr Environmental Specialist/Planner V $160.00/hr Envronmental Speciaist/Planner IV $150 00/tir Environmentai Specialist/Planner ITI $140.00/hr Environmental Specialist/Planner 11 $130.00/hr Environmerial Specialist/Planner 1 $120 00/hr Analyst $100 00/hr Planning Research Assistant $80 00/hr COASTAL PLANN NG/POLICY SERVICES Senior Iproject Manager/Coastal Planner II $210.00/hr Senior Project Manager/Coastal Planner I $200.00/hr Envronmental SpedaisUCoastal Planner VI $190.00/hr Enwircrrrental SpedaisUCoastal Planner V $170.00/hr Environmental SpedalisUCoastal Planner IV $160 00/hr Environmental SpedalisUCoastal Planner til $150.00/hr Environmental SpedaisUCoastal Planner 11 $140,00/hr Environmental SpecifcUCoastalPlanner i $130.00/hr ARCHAEOLOGICAL SERVICES Senior Project Manager/Archaeologist II $210,00/hr Senbr Project Manager/Archaeologist I $200.00/hr Environmertal Specialist/ArchaeologistVI $180.00/hr Environmental Specialist/Archaeologist V $160,00/hr Environmental Specialist/Archaeologist IV $150.00/hr Environmental Specialist/Archaeologist TH $140 00/hr Environments^ Specialist/Archaeologist tl $130.00/hr Environmental SpeciaSst/Archaeologlst 1 $120.00/hr Archaeologist Technician II $70.00/hr Archaeologist Technician I $50 OO/tir CONSTRUCTION MANAGEMENT SERVICES Principal/Manager $195.00/hr Senior Constaiction Manager $180.00/hr Senbr Project Manager $160 00/hr Construction Manager $150.00/hr Project Marager $140 00/hr Resident Engineer $140,00/hr Gonstruction Engineer $135 00/hr On-sle Owner's Representative $130.00/hr Construction Inspector 111 $125 00/hr Construction Inspector Tl.. $115.00/hr Construction Inspector 1 $105 00/hr Prevailhg Wage Inspector $135.00/hr DUDEK COMPLIANCE SERVICES ComplBnce Director _ $200 00/hr CompBance Manager $140 00/hr ComplBnce Project Coordinator $100.00/hr Compliance Monitor $90.00/hr HYDROGEOLOGICAL SERV CES Principal $235,00/hr Sr. Hydrogeologist ll/Engineer iil $200 00/hr Sr. Hydrogeologist tl/Engheer II $180.00/hr Sr, Hydrogeologist 1/Engineer I $16500/hr Hydrogeologist V/Engineer V $150 00/hr Hydrogeologist IV/Engineer IV $130.00/hr Hydrogeologist lll/Engheer Ttl $120,00/hr Hydrogeologist It/Engineer 11 $110,00/hr Hydrogeologist 1/Bigineer 1 $1 OO.OO/hr Technician $100.00/hr DISTRICT MANAGEMENTS. OPERATIONS District General Manager $175.00/hr District Engineer $160 00/hr Operations Manager $150.00/tsr District Secretary/Accountant $85,00/hr Collections System Manager $95.00/hr Grade V Operator $100,00/hr Grade IV Operator $85,00/hr Grade III Operator $80,00/hr Grade II Operator $63.00/hr Grade lOperator $55 00/hr Operator inTraining $40.00/hr Collection Maintenance V\forker II $55 00/hr Collection Maintenance Wortcer I $40,00/hr OFFICE SERVICES Technicai!Drafting/CADD Seivices 3D GraphicArtist $150 00/hr Senior Designer $135 00/hr •Designer $125.00/hr Assistant Designer $120.00/hr GIS Specialist IV $150 00/hr GIS Specialist Ttl $140,00/h- CIS Spedaist 11 $130.00/hr GB Spedafst I SI 20 00/hr CADD Operator 1fl $115.00/hr CADD Operator Tl $1 lO.OO/ir CADD Operator 1 $95.00/hr CADD Drafter $85,00/hr CADD Technician $75.00/hr SUPPORT SERVICES Technical Editor ill $140.00/hr Technical Edtor 11 $125.00/hr Technical Edtor! $110.D0/hr Publications Assbtant Ht $100.00/hr l=\jblications Assistant ll $90 00/hr Publcations Assistant I $80 00/hr Clerical Administration II $80,00/hr Clerical Administration I $75 00/hr Forensic Eingineering ~ Court appearances depositions, and fiterrogatones as expert witness will be bHIed at 2,00 times normai rates Errergency afxi Holidays - Minimum ctiarge of two tiours will be billed at 1 75 times ttie normal rate. Matefial and Oiiside Services - Subcortractors, rental ot special equipment, special reproduclions and t)iueprinting. outside data processing and computer services, etc are ctiarged at 1 15 times ftie direct cost Travel E xpenses-fyltleage at current IRS allowable rates Per diem where overnigtit stay IS invdvedis charged at cost I nvoicesLate Ctiarges. -A It fees will be billed to Client morttily and shall be due and payable Lpon recept hvoices are delrquent if not paid wittiin ttiirty (30) days from ttie date of Itie invoice. Client agrees lo pay a monthly late charge equal to one percent (t%) per month of itie outstanding balance until paid in tui /Vnjallncf eases - Unless icfentified c(tiei\Mse, thesestaixferdtctes wil inoTease 3% annuaiiy Effective January 1, 2014