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Planning Systems Inc; 2012-11-28; CA933
PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.5 PROJECT NO. 5208 CA933 This ";fifth _Project and Fee Allotment, is entered into on • ,. ' -~ .11124 &'--: pursuant to an Agreement between Planni g Systems, a California orporation ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 8, 2015, ("proposal"), attached as Appendix "A" for the Recycled Water Phase Ill Pipeline-Segments 1A & 7 Project (the "Project"). The Project services shall include field surveying, monitoring and reporting as required per the Project's Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by November 27, 2015. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials as specified in Table 1. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $29,200. General Counsel Approved Version 1/30/13 CA933 TABLE 1 FEE ALLOTMENT NO.5 RECYCLED WATER PHASE Ill PIPELINE-SEGMENTS 1A & 7 TASK GROUP LUMP SUM FEE Work Plan 1 Verify adjacent biological resources and confirm no species of special status $2,000.00 Conduct pre-construction surveys for raptors and nests within 500-ft 9,600.00 Report writing and meeting attendance 3,200.00 Total Work Plan 1 14,800.00 Work Plan 2 Biological and noise monitoring of construction activities 14,400.00 Total Work Plan 2 14,400.00 TOTAL (Not-to-Exceed) 29,200.00 Executed by Contractor this 7,. f'J d day of 5 e rf (/L/\-1.-~ -VI-'2015. CONTRACTOR PLANNING SYSTEMS, a California corporation (na By: (sign ~r ) Thomas Hageman I President (print name/title) PLANNING SYSTEMS, a California corporation -{2 (name of Contractor) By: _uttll;l/1 )~~ (sign here) Paul J. Klukas I Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal :ater Ac f 1911, and a Subsidiary District of the City of :~::bad ~ 4{ fL~ I APPROVED AS TO FORM: CELIA A. BREWER, General Counsel 2 General Counsel Approved Version 1/30/13 PLANNING SYSTEMS July 8, 2015 Mr. Mark Biskup LAND USE/COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY AND PROCESSING ENVIRONMENTAl. MITIGATION CARLSBAD MUNICIPAL WATER DISTRICT 5950 El Camino Real Carlsbad, CA 92008 RE: PROPOSAL TO PROVIDE BIOLOGICAL MONITORING SERVICES RECYCLED WATER PHASE III PIPELINE-SEGMENTS #lA & 7 Dear Mr. Biskup: Appendix "A" Per the request of Scott Fisher, PLANNING SYSTEMS hereby submits a Scope ofWork and Cost to provide biological field survey and monitoring services to the CARLSBAD MUNICIPAL WATER DISTRICT for their proposed installation of the Segments lA and 7 of the Recycled Water Phase III Pipeline project. The subject projects are situated adjacent to protected upland and riparian habitats and open spaces. The Final EIR for the project included mitigation measures which require verification of sensitive species and avoidance of nesting birds and raptors during the construction effort. This proposal involves field monitoring by qualified biologists to verify biological resources and confinn compliance with the mitigation measures. This proposal treats the two segments as one biological monitoring project. SCOPE OF WORK A qualified biologist from PLANNING SYSTEMS will conduct the following activities as required in the CEQA Mitigation Measures. The hours below will cover both Segment lA (Palomar Airport Business Park) and Segment 7 (Calavera Hills). Hours each Task Times Each Weeks time $per hour Total WorkP/anl Verify the adjacent biological resources and confirm no species of special status l NIA NIA 20 $ 100.00 $ 2,000.00 Conduct pre-constmction surveys for raptors and nests within 500-ft. 1 Week 16 6 $ 100.00 $ 9,600.00 Report writing and meeting attendance 8 NIA NIA 4 $ 100.00 $ 3,200.00 Work Plan I Total $ 14,800.00 Work Phm 2 (If nesting birds observed within 500ft of construction) Biological and noise monitoring of constmction activities if nests are found 3 Week 12 4 $ 100.00 $ 14,400.00 Work Plan 2 Total $ 14,400.00 Grand Total $ 29,200.00 1530 fi'ARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • info@planningsystcms.net Mr. Mark Biskup July 8, 2015 Page2 PLANNING SYSTEMS estimates that the biological monitoring required to comply with the referenced mitigation measures will not exceed: Work Plan 1-$14,800.00 Work Plan 2-$14,200.00 Grand Total -$29,200.00 We can begin work immediately upon acceptance of this proposal. This cost is based on PLANNING SYSTEMS' standard schedule offees and calculated rates for biological survey and monitoring services. Billing will occur on a time and materials basis only for hours spent in the above effort. Any additional costs beyond the amount estimated above will require additional authorization prior to completion of the services. If the provisions of this proposal are acceptable, please mail us the appropriate documentation for execution. Sincerely, fj6.kVt')~ Paul J. Klukas Director of Planning PLANNING SYSTEMS PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 3821 CA933 and Fee Allotment, is entered into on =-:---:---::>""1E~;:...r.;,__~~:-:-:r-6"?'-""~lo......Z.--:-:---::-:-:::~· pursuant to an Agreement between Plann· Syste , a Car ornia corporation ("Contractor") and the Carlsbad Municipal Water Dist , a Pu 1c Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated June 4, 2015, ("proposal"), attached as Appendix "A" for the Lake Calavera Reservoir Improvements, (the "Project"). The Project services shall include monitoring and reporting as required by resource agency permits for Lake Calavera Dam. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 1 (one) month thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials as specified in Table 1. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $2,857.50. General Counsel Approved Version 1/30/13 CA933 TABLE 1 FEE ALLOTMENT NO. 4 Lake Calavera Reservoir Improvements ',, , ,l ',, TASK'GROU~:'• ;,;,, .1 ',.,, LUMP SUM·FEE Monitoring visits and annual reporting as required by resource $2,857.50 agency permits TOTAL (Not-to-Exceed) $2,857.50 Executed by Contractor this ___ day of------------' 2015. CONTRACTOR Thomas Hageman I President (print name/title) PLANNING SYSTEMS, a California corporation 4 (name of Contractor) By: \Jat/V\ '} ~ / ~tc{l.f,r4 (sign here) I Paul J. Klukas I Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: Date: l /, \ ;;, - I I APPROVED AS TO FORM: CELIA A. BREWER, General Counsel 2 General Counsel Approved Version 1/30/13 PLANNING I SYSTEMS • June4, 2015 Ms. Sherri Howard CITY OF CARLSBAD Public Works-Engineering Department 1635 Faraday Ave. Carlsbad, CA 92008 RE: CONTRACT REQUEST LAND USE/COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION Appendix 11 A11 CALAVERA DAM REMEDIAL IMPROVEMENTS MITIGATION MONITORING Dear Ms. Howard: We hereby request that the City of Carlsbad and Planning Systems enter into a contract for not-to-exceed $2,857.50 for biological monitor consulting work preparing the annual report for the above-referenced mitigation project. This amount, in conjunction with the balance remaining in P.O. P127885 will allocate sufficient funds to cover Invoice #9442. We are infonned that this will complete our work on this project. If acceptable, please send me the proper contract fonns for execution. Paul J. Klukas Director of Planning 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • info@planningsystems.net PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.3 PROJECT NO. 5008 CA933 This and Fee Allotment, is entered into on --'--""'-.(,...l.,~~o::~...o..~~;c-...,L-..J.L..,,...__;z:.£;'-,..C-..;,z::....._ __ , pursuant to an Agreement between Planning Systems, I c., a C ifornia corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide biological field survey services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 28, 2014, ("proposal"), attached as Appendix "A" for the Tri-agency Water Pipeline Reach 2, Phase I, (the "Project"). The Project services shall include field survey of the alignment of the proposed pipeline. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (1 0) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty (40) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $2,400. General Counsel Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT BIOLOGICAL FIELD SURVEY SERVICES TASK GROUP LUMP SUM FEE Field Survey $2,400 TOTAL (Not-to-Exceed) $2,400 Executed by Contractor this f 0 day of ftm fLt) 1/'t-j CONTRACTOR 120 ( ~ • PLANNING SYSTEMS, INC., a California corporation "A of C~tz_ctor) *By: // r-/(/ L--- (sign her{) ~fiA~ ,.. fJtllJ6_. (print name/title) #12!JeAA~ laM 't'f s Y{fe/('$, ~te f / ' (e-mailalidress) PLANNING SYSTEMS, INC., a California corporation (name of Contractor) By: U'twVl )~ (print na e/title) f ld ,.IJ.v cj f.l ~"'~I '::i!!YI{,w\f, rl ,_-f e-ma1l a r ss) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad Date: 2.'"' /£ .__, / Lf. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: ~~ General Counsel Approved Version 1/30/13 PLANNING SYSTEMS January 28,2014 Mr. David Ahles CITY OF CARLSBAD Utilities Engineering 1635 Faraday Ave. Carlsbad, CA 92008 • APPENDIX A LAND USE/COASTAL !'LANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY AND I'ROCESSIN<; ENVIRONMENTAL MlTICATI(f\ RE: PROPOSAL/CONTRACT TO PROVIDE BIOLOGICAL SERVICES PRE-CONSTRUCTION FIELD SURVEY TRI-AGENCY WATER PIPELINE REACH 2, PHASE I Dear Mr. Ahles: Per your request, PLANNING SYSTEMS hereby submits a Scope of Work and Cost to provide biological field survey services to the CITY OF CARLSBAD for their proposed installation of the Tri-Agency Water Pipeline Reach 2, Phase 1 project. The subject project is situated adjacent to protected habitats and open spaces in which California gnatcatchers have historically been observed. This proposal involves a field survey by qualified biologists to verify existing vegetation and biological resources within and adjacent to the subject installation alignment. SCOPE OF WORK A biologist from PLANNING SYSTEMS will conduct a field survey of the alignment of the proposed pipeline segment and visually survey and document the vegetation types. Observations for sensitive animals in the area will also be provided. A letter report identifying the conclusions drawn will be provided to the Client. Not to Exceed $2,400. This cost is based on PLANNING SYSTEMS' standard schedule of fees and calculated rates for biological survey services. Billing will occur on a time and materials basis only for hours spent in the above effm1. Any additional costs beyond the amount estimated above will require additional authorization prior to completion of the services. lfthe provisions ofthis proposal are acceptable, please mail us the appropriate documentation for execution. Paul J. Klukas Director of Planning 1530 FARADAY AVENUE • StliTE 100 • CARLSBAD, CA 9200H • {760) 931-07HO • FAX (760) 931-5744 • info(!!lplanningsystems.n{'t PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.2 PROJECT NO. 3821 CA933 econd Project Task Descri(?tion and Fee Allotment, is entered into on \ tt0 , pursuant to an Agreement between Planning Systems, In ., a Cali ornia corporation ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 3, 2014, ("proposal"}, attached as Appendix "A" for the Lake Calavera Reservoir Improvements, (the "Project"). The Project services shall include monitoring and reporting as required by resource agency permits for Lake Calavera Dam. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one (1) year thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". · Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $13,000. General Counsel Approved Version 1/30/13 Executed by Contractor this CONTRACTOR *By: TABLE 1 FEE ALLOTMENT ENVIRONMENTAL SERVICES tSifl day of -~-=-=---=--(<.""""""o_~"'---:j--4-__ , 20.1!1:_. PLANNING SYSTEMS, INC., a California corporation (e-ma1 ad ress) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidia District of the City of Carlsbad By: Date: _·J--_~_/_J'_-!~1( __ AP CELIA A. BREWER, General Counsel General Counsel Approved Version 1/30/13 PLANNING I SYSTEMS • January 3, 2014 Ms. Sherri Howard Associate Engineer City of Carlsbad APPENDIX A LANI> liSE/COASTAL I'LANNING LANI>SCAP.E ARCJIITECTlJRI~ • LA3900 l'OLICV ANI> PROCESSING ENVIRONMENTAL Ml'l'I<;A'nON Public Works-Engineering Department 1635 Faraday Ave. Carlsbad, CA 92008 Re: Anticipnted Invoicing and Budget Request Lake Calavera Remedial Improvements Project Mitigation Monitoring Ms. Howard, In response to your e-mail of December 30, 2013, please consider the following budget for March 26, 2013-March 25, 2014. Anticipated Work: Work Products (3) Quarterly monitoring visits and reports to City and to contractor (1) Monitoring visit(s), production and submittal of annual monitoring report to City and agencies Funding requested: $13,000.00 Work will be done on a time and materials (T&M) basis. Billing will occur only for hours actually worked on the project. Any additional costs beyond this amount will require additional authorization prior to completion of the services. The amount stipulated above will not be exceeded without prior written consent. If acceptable please provide us with appropriate City of Carlsbad contract forms. Please contact me if you have any questions. Sincerely, /~£~ Greg Evans Planning Systems 1530 FARAIJAY AVENUE • SUITE 100 • CARLSUAIJ, CA 92008 • (760) 931-0780 • FAX (760) 931·5744 • info@planningsystcms.net PLANNING SYSTEMS • LAND USE/COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION Fee Schedule PLANNING SYSTEMS (Effective May 1, 2005) PRINCIPAL: $150.00/hr POLICY PLANNERS/LAND PLANNERS: Director of Planning Land/School Planner Land/Environmental Planner Planner. Planning Technician $135.00/hr $ 95.00/hr $ 75.00/hr $ 75.00/hr $ 50.00/hr LANDSCAPE ARCHITECT/HABITAT RESTORATION SPECIALIST: Senior Restoration Ecologist $110.00/hr Senior Landscape Architect $110.00/hr Project Manager $100.00/IU' Landscape Designer/Habitat Restoration Specialist $ 90.00/hr Biologist/Constmction Monitor II $ 90.00/hr Construction Monitor I $ 75.00/hr Field Tech I $ 60.00/hr OTHER: Expett Witness/Deposition/Related Attorney Consult Expert Witness Research Graphic/CAD Operator . ResearchetiReport Editing Word Processing REIMBURSABLE EXPENSES/BILLING POLICY: $350.00/hr $250.00/hr $ 65.00/hr $ 50.00/hr $ 45.00/hr Supplies and other direct costs such as printing, reproduction, graphic aids, travel (air fare & meals), photography, postage, fax & delivety will be billed at cost plus, 15%. Invoices will be issued on a monthly basis unless otherwise agreed. Accounts are due and payable within 30 days of the date of invoice. Past due accounts will have a finance charge of 1.25% compounded. Any revisions to the fee schedule will be provided to you in advance of their institution. Revision will not affect fixed-fee, or not-to-exceed contract amount, unless Client temporarily suspends project for more than 90 days. 1530 FARADAY AVENUE • SlJITE 100 • CARLSBAD, CA 92008 • {760) 931·0780 • FAX (760) 931·5744 • info@planningsystl'ms.nl'l PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT NO. 3821 CA933 This first Project Task Description and Fee Allotment, is entered into on t\do:t< c C !l_ 5r ·, Z .tf'/ .:{ , pursuant to an Agreement between Planning Systems, Inc., a California corporation ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide environmental services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 15, 2013, ("proposal"), attached as Appendix "A" for the Lake Calavera Reservoir Improvements, (the "Project"). The Project services shall include monitoring and reporting as required by resource agency permits for Lake Calavera Dam. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one (1) year thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $10,000. General Counsel Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT ENVIRONMENTAL SERVICES TASK GROUP LUMP SUM FEE Monitoring visits and annual reporting as required by resource $10,000 agency permits. TOTAL (Not-to-Exceed) $10,000 Executed by Contractor this ____ day of ____________ , 20 __ . CONTRACTOR PLANNING SYSTEMS, INC., a California corporation ontractor) *By: ( 1 here) J$J?tkt f/Jt'?lit"lbft~5 (print name/title) f~<fllfti<JNiu1~~-Y'~-f (e-ma1l a ess) PLANNING SYSTEMS, INC., a California corporation A (name of Contractor) By: u Wvvl )Jvh---. (sign here) f kilL-J. l<-L..\J~~ S{ c(Li Tftl!- (print n me/title) eblwltl" J t~ ..... :rr~Jfar-.(.tvf ( -mail ad ress) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, president or vice-president Column 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ~Mi; 3 ·S ·;:3 Date: ___ ....!..., ______ _ Executive Manager ar CaRaral MaRB€jer APPROVED AS TO FORM: CELIA A. BREWER, General Counsel General Counsel Approved Version 1/30/13 PLANNING I SYSTEMS • Februaty 15, 2013 Ms. Sherri Howard Associate Engineer City of Carlsbad APPENDIX A LAND USE/COASTAL PLANNING LANDSCAI'E ARCI!ITECTUR!l • LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION Public Works-Engineedng Department 1635 Faraday Ave. Carlsbad, CA 92008 Re: Anticipated Invoicing and Budget Request Lake Calavera Remedial Improvements Project Mitigation Monitoring Ms. Howard, In response to your e-mail of February 13, 2013, please consider the following budgetfor March 26,2013-March 25, 2014. Anticipated Work: Work Products (3) Quatterly monitoring visits and reports to City and to contractor (I) Monitoring visit(s), production and submittal of annual monitoring report to City and agencies Funding requested: $10,000.00 Work will be done on a time and materials (T&M) basis, Billing will occur only for hours actually worked on the project. Any additional costs beyond this amount will require additional authorization prior to completion of the services. The amount stipulated above will not be exceeded without prior written consent. If acceptable please provide us with appropriate City of Carlsbad contract forms. Please contact . me if you have any questions. Greg Evans Planning Systems 1530 FARADAY AVENtm • SliiTE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • inl'o@plnnnlngsysfoms.not CA933 MASTER AGREEMENT FOR ENVIRONMENTAL AND PLANNING STUDY SERVICES (PLANNING SYSTEMS) IS AGREEMENT is made and entered into as of the dfo day of · ~k._, , 20~, by and between the CARLSBAD MUNICIPAL WATER DIST CT, a Public Agency orgamzed under the Mumc1pal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and PLANNING SYSTEMS, a California corporation, hereinafter referred to as "Contractor." RECITALS A. CMWD requires the professional services of a engineering consultant that is experienced in environmental and planning studies. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to environmental and planning studies. D. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 three years starting from the date first written above. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by CMWD and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Executive Manager (or designee) or General Manager of CMWD as authorized by the Executive Manager ("General Manager"). The Executive Manager (or designee) or General Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by CMWD inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. General Counsel Approved Version 2/17/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred thousand dollars ($100,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or General Manager, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD 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 CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD 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 CMWD. 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 CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and 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 2 General Counsel Approved Version 2/17/12 caused in whole or in part by any willful misconduct or negligent act or om1ss1on 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 CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" OR with a surplus 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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager for CMWD approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, 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. 1 0.1.1 Commercial 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 will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 1 0.1.4 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. CMWD's Initials Contractor's Initials D If box is checked, Professional Liability Insurance requirement is waived. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 3 General Counsel Approved Version 2/17/12 1 0.2.1 CMWD will be named as an additional insured on General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD 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. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD 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 CMWD. 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 CMWD. 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 CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 4 General Counsel Approved Version 2/17/12 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. ForCMWD: Name Glen Pruim Title Utilities Director Dept Utilities Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad CA, 92008 Phone (760) 602-2768 For Contractor: Name Title Address Phone Email Paul Klukas Director of Planning 1530 Faraday Avenue, Suite 100 Carlsbad, CA 92008 (760) 931-0780 pklukas@planningsystems. net Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the Clerk for the City of Carlsbad in accordance with the requirements of the City of Carlsbad 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 laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants 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 otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such 5 General Counsel Approved Version 2/17112 cases, the action of the Executive 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, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD 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 CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD 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, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD 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 CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., 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 CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 6 General Counsel Approved Version 2/17/12 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 CMWD and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 General Counsel Approved Version 2/17/12 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. Executed by Contractor this __ ·2.._t./ __ day of S l"PT\..-~~0<... I 20 I -. CONTRACTOR PLANNING SYSTEMS, a California corporati By: 7/hYtl~ r/A61;tix>J . fluLi (print name/titl~) By: '"6 CiM/11 YlA...--... (sign here) PAVq. k.LVI<ft she~ (print name/tltle) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of he City of Carlsbad By: 1, ATTEST: """""""'~" ~~--~ 'S = ~:~ ·~\'P ~ =~=~ ~=*= ::.....!\ :-:-~= , ~-. C> -~ •• -=:. ~~··.:"ltFo~\\':..··~ ~ ....... . .......... ~ , ... .... .~........ ,,, ... LO Secretary 111111111\\\ If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel 8 General Counsel Approved Version 2/17112 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California } County of Sc.t-n ~ e~D Onq\?'1\\"~t; beforeme, Bv\m'-""-· ~~s:~~~eo\t~~:J Q\ob-z:_, personally appeared -~----=---=-~-"---'=-~-"""'----'\'--'\-"'---'=-L,.L;rl"=--.:.~--'--;-.-::-:c:'7:7-:~=,.----------------- Place Notary Seal Above ~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personjst whose name~ islaFe-Subscribed to the within instrument and acknowledged to me that he/she.f.tRey executed the same in his/herltReU: authorized capacity(i~), and that by his/fterl#teir signature~ on the instrument the persor}(s), or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~~ V'Y1 · ~cJ.U/1 Signature of Notary Public ---------------------OPTIONAL------------------------- 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. Description of Attached Document Title or Type of Document:------------------------------- Document Date: ___________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ 0 Individual 0 Corporate Officer-Title(s): 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ________ _ Signer Is Representing: ___ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ______________ _ 0 Individual 0 Corporate Officer-Title{s): ________ _ 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here • ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California D ....... . a a 3 a a -IRITTA M. BEECHER ~~ ~-·-1 r . Notary Puttlic: -Clltfomia z s. Otego COUMy f 0 0 0 0 Jt~. ffi::t':ZJ·}!':I Place Notary Seal Above } who proved to me on the basis of satisfactory evidence to be the person~hose nam~) is/al'e'"5ubscribed to the within instrument and acknowledged to me that he/sAel#tey executed the same in his!heF/thoU:. authorized capacity(i~, and that by his/her/their signatur~on the instrument the personjS), or the entity upon behalf of which the personfs' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~i. 1-\._ y-y-, · ~ c~ Signature of Notary Public ---------------------OPnONAL------------------------- 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. Description of Attached Document Title or Type of Document:------------------------------- Document Date: ___________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ 0 Individual 0 Corporate Officer-Title(s): 0 Partner-0 Limited 0 General D Attorney in Fact 0 Trustee D Guardian or Conservator D Other: ________ _ Signer Is Representing: ___ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ______________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General D Attorney in Fact 0 Trustee 0 Guardian or Conservator D Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here • ©2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91 313-2402• www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A 5. RATE SCHEDULE PLANNING SYSTEMS rate schedule is as follows: PRINCIPAL: PLANNERS/CEQA: Director of Planning/CEQA Specialist Environmental Planner . Environmental Analyst Land Planner LANDSCAPE ARCHITECT /HABITAT RESTORATION SPECIALIST: OTHER: Senior Restoration Ecologist Senior Landscape Architect Landscape Designer/Habitat Restoration Specialist Biologist/Construction Monitor II Construction Monitor I Graphic/CAD Operator Visual Simulations Operator REIMBURSABLE EXPENSES/BILLING POLICY: $150.00/hr $135.00/hr $ 95.00/hr $ 75.00/hr $ 75.00/hr $110.00/hr $110.00/hr $ 90.00/hr $ 90.00/hr $ 75.00/hr $ 65.00/hr $ 65.00/hr Supplies and other direct costs such as printing, reproduction, graphic aids, travel (air fare & meals), photography, postage, fax & delivery will be billed at cost plus, 15%. Invoices will be issued on a monthly basis unless otherwise agreed. Accounts are due and payable within 30 days of the date of invoice. Past due accounts will have a finance charge of 1.25% compounded. Planning Systems Statement of Qualifications-5/23/12 12