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HomeMy WebLinkAbout2011-12-06; City Council; 20742; AGREEMENT DUDEK MAINTENANCE BUENA VISTA CREEKCITY OF CARLSBAD- AGENDA BILL 20.742AB# MTG. 12/06/2011 DEPT. UTIL APPROVE AN AGREEMENT WITH DUDEK TO PREPARE ENVIRONMENTAL DOCUMENTATION IN SUPPORT OF CONTINUED MAINTENANCE OF BUENA VISTA CREEK CHANNEL DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2011-271 approving and authorizing execution of a Professional Services Agreement with Dudek for Buena Vista Creek Channel Environmental Services. ITEM EXPLANATION: The Buena Vista Creek Channel is located south of Highway 78 and extends from El Camino Real west to the Jefferson Street Bridge and discharges into the Buena Vista Lagoon. The City has the responsibility to maintain Buena Vista Creek Channel through the Buena Vista Creek Channel Maintenance District (District), which was formed on August 8, 1989, according to the provisions of the Benefit Assessment Act of 1982. The formation was requested by Plaza Camino Real, Hughes North County Associates, and Hughes North County Associates II in order to provide effective, consistent means of clearing the channel to allow for design flows. The maintenance program is administered by City staff and consists of the removal of vegetation and other debris within the constraints of the permits from the California Department of Fish and Game (CDFG) and the approved Program Environmental Impact Report (PEIR). The PEIR was adopted by City Council on August 5, 2003. The preferred alternative identified in the PEIR, was to perform "hand removal" of the vegetation in one fifth of the northern half of the channel each year based on a five year rotation. This method of maintenance is preferred by the agencies because it does not require a permit from the US Army Corps of Engineers or the Regional Water Quality Control Board. The CDFG requires a Streambed Alteration Agreement. For the duration of the existing PEIR, which is ten years, no work has occurred in the portion that is within the California Coastal Zone. Over the last eight years the vegetation removal has provided the necessary flow capacity to be consistent with the goals of the District. Surveys of the channel bottom were conducted in 2000, 2004 and 2008. The surveys indicate there has been no appreciable sediment buildup. There has been substantial vegetation growth. The vegetation in the channel grows up and dies once a year and is replaced with new vegetation each year. The result of this cycle is a mat of vegetation that has the potential to impede storm flows. Regular removal of the vegetation will preserve the integrity of the channel as a flood control corridor. Continued maintenance of the channel is required for flood control purposes. Flood improvement measures are required to protect the existing District properties from the 100 year storm event. The environmental document approved by City Council is for a period of ten years and will expire in August 2013. The city is required to update the PEIR in order to initiate the permitting process. DEPARTMENT CONTACT: Sherri Howard, (760) 602-2756, sherri.howard@carlsbadca.aov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * aaa CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES aa Da Page 2 Preparation of a Supplemental Environmental Impact Report (SEIR) is required by the City of Carlsbad Community and Economic Development Department. The PEIR was adopted prior to AB 32, the Global Warming Solutions Act; therefore, the supplemental EIR will need to address GHG emissions. The Agricultural section will need to be revised to include a Forestry Resources Analysis. The City of Carlsbad adopted the Habitat Management Plan (HMP) in 2004. The supplemental document will need to address the HMP as well as Oceanside's Subarea Plan. Biological mapping, including a wetland delineation; focused bird surveys; and focused rare plant surveys and reporting are required. To prepare the SEIR and associated studies, staff solicited statements of qualifications on May 16, 2011, from three consulting firms including AECOM, Dudek, and LSA Associates. On June 2, 2011, staff received the Statements of Qualifications from all three firms. Staff carefully reviewed and scored the proposals based upon specified criteria consistent with Carlsbad Municipal Code Section 3.28.060. Based on the ranking of the proposals by the selection committee, staff is recommending to the City of Carlsbad that a Professional Services Agreement be executed with Dudek for the preparation of the SEIR. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, approval of this Professional Service Agreement does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: The total cost for Dudek to prepare the SEIR and supplemental studies is $173,540. The project is funded through the District and sufficient funds are currently available to complete the necessary tasks. EXHIBITS: 1. Location Map. 2. Resolution No. 2011-271 approving and authorizing execution of a professional services agreement with Dudek for Buena Vista Creek Channel Environmental Services. 3. Agreement for Environmental Services with Dudek for Buena Vista Creek Maintenance. LOCATION MAP CONCRETE LINED CHANNEL LEGEND: PERIODIC CLEANING OF OVERGROWTH WITHIN AREA AS SHOWN AREA OF CHANNEL NOT CLEANED VICINITY MAP S/7E WOT TO SCALE PROJECT NAME BUENA VISTA CHANNEL MAINTENANCE DISTRICT EXHIBIT 1 "SCOTT"£V/WS' CARLSBAD 7/29/04 C:\0 \8vtf1A VfSiA CHANfi€L\BvC~MAiNT.:i.Dm> 1 RESOLUTION NO. 2011-271 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR BUENA 3 4 VISTA CREEK CHANNEL ENVIRONMENTAL SERVICES. 5 WHEREAS, the City Council of the City of Carlsbad, California did form the Buena Vista 6 Creek Channel Maintenance District on August 8, 1989, pursuant to the petition of the property owners and pursuant to the terms and provisions of the Benefit Assessment Act of 1982, being 8 Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing 9 with Section 54703, said area of benefit being known and designated as Benefit Area No. 1 10 (hereinafter referred to as the "Benefit Area"); and11 WHEREAS, the City Council has determined it necessary, desirable, and in the public interest to perform environmental services to maintain channel flow; and I O WHEREAS, the Utilities Department solicited, received, and reviewed the statement of14 qualifications for environmental services consistent with Carlsbad Municipal Code Section15 „„ 3.28.060; and16 WHEREAS, subsequent to a review of the statement of qualifications, staff recommends Dudek as the most qualified consultant for the project; and18 WHEREAS, assessments have been levied annually and sufficient funds are available toi y perform the work to allow the channel to function as a flood control channel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct.23 2. That the agreement with Dudek for environmental services for Buena Vista creek24 Channel is hereby approved. 3. That adequate funds are available in the Buena Vista Creek Channel26 Maintenance District for performing environmental activities. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of December 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATTA ALL, "Mayor ATTEST: L(ORRAINE M. WOOD, City Clerk (SEAL) UTIL854 AGREEMENT FOR ENVIRONMENTAL SERVICES FOR BUENA VISTA CREEK MAINTENANCE (DUDEK) THJS AGREEMENT is made and entered into as of the &. day of 20 f i , by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and DUDEK, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in environmental permitting. B. Contractor has the necessary experience in providing professional services and advice related to preparing environmental documentation and obtaining environmental permits for continued maintenance of Buena Vista Creek Channel. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City 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 City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. 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 one hundred seventy three thousand five hundred forty dollars ($173,540). No other compensation for the Services will be allowed except for items covered by subsequent City Attorney Approved Version 5/12/11 amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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 City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City 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 City's election, City 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 City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. 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 City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any 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 City incurs or makes to or on behalf of an injured employee under the City'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 City Attorney Approved Version 5/12/11 2 1 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-:VN". 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 City Attorney or City 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. City, 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 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. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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 City'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 fiv* years following the date of completion of the work. If box is checked, Professional Liability City's initials jg&rtfMsjDr's initials 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 City will be named as an additional insured on General Liability. 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. City Attorney Approved Version 5/12/11 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City 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 City to obtain or maintain insurance and City 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. City 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 City 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 City. 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 City. 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 City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Sherri Howard Name Megan Enright Title Associate Engineer Title Project Manager/Biologist Department Utilities Address 605 Third St City of Carlsbad Encinitas, CA 92024 Address 1635 Faraday Ave Phone No. 760-942-5147 Carlsbad, CA 92008 Phone No. 760-602-2756 City Attorney Approved Version 5/12/11 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 City Clerk 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 City 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. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City 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 City 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, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City 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 City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City 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 City, Contractor will assemble the work product City Attorney Approved Version 5/12/11 and put it in order for proper filing and closing and deliver it to City. 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. City 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, City 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 City 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 City, 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 City 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. 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 City 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 City, 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. City Attorney Approved Version 5/12/11 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 DUDEK, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: Dudek Frank Dudek (print ATTEST: By LORRAINE M. WOOD City Clerk (print name/title) If required by City, proper notarial acknowledgment of executE)^ i attached. If a corporation, Agreement must be signed by one following two groups. must be of the 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, City Attorney Assistant City Attorne City Attorney Approved Version 5/12/11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 On -i # Ji OS/ before fJate personally appeared —~N J me,J?- "Here Insert Name and Title of the Name(s) of Signer(s) JOYCE I. SCHRUM J COMM. #1875781 o NOTARY PUBLIC-CALIFORNIA W SAN DIEGO COUNTY 2 My Commission Expires • JANUARY 31,2014 | who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) latare subscribed to the within instrument and acknowledged to me that l«ie/£he/they executed the same in h^/fl«r/their authorized capacity(ies), and that by l^s/iyp/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Place Notary Seal Above WITNESS Signature: nd and official seal. OPTIONAL Though the information below /s not required by law, it may prove viable to persons relying on the document and could prevent fraudulent removal and reattachment of f/7/s form to another document. Description of Attached Document Title or Type of Document: LJ "^P1&t<<£^^^*a-> tC^tA^. 7&4srt- ^JDocument Date: _ Number of Pages: / Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: /??. n Corporate Officer — Title(s): D Individual [J Partner — D Limited n General D Attorney in Fact LJ Trustee n Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ®s&y&3&v&$&<mv&$ii*^^ <B 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Signature o Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — n Limited n General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Item #5907 EXHIBIT A Scope of Work and Cost Estimate Buena Vista Creek Channel Maintenance Project October 2011 October 31,2011 6870-00 Sherri Howard City of Carlsbad Public Works-Engineering 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Scope of Work and Cost Estimate for Environmental Services, Buena Vista Creek Channel Maintenance Project, Carlsbad, California Dear Ms. Howard: Per your request, Dudek has prepared a scope of work and cost estimate for environmental services in support of the Buena Vista Creek Channel Maintenance Project. The scope of work and cost estimate is provided below. PROJECT UNDERSTANDING The City of Carlsbad (City) would like to continue the long-term channel maintenance program for purposes of flood control along Buena Vista Creek between the South Vista Way Bridge and the coastal zone boundary (east of the Jefferson Street Bridge) in the Cities of Carlsbad and Oceanside. However, the City would like to add the area between the Jefferson Street Bridge and the coastal zone boundary to the maintenance program. The specific project description has not been determined. Maintenance may continue over a 5- year period or extend to 6 years. The City would like to solicit input from the resource agencies, specifically the California Coastal Commission (CCC), about the changes to the proposed project. Task 1 California Environmental Quality Act Compliance Dudek will prepare California Environmental Quality Act (CEQA) documentation for the project. To the degree feasible, we will rely on information and analysis presented in the 2003 6870 DUDEK A-1 October 2011 Exhibit A (Continued) final program environmental impact report (PEIR) for the Buena Vista Creek Channel Maintenance Project. There are two likely choices for CEQA compliance, a supplemental environmental impact report (EIR), or a mitigated negative declaration. Based on coordination with the City Public Works Department thus far, for purposes of this scope of work and cost estimate, we assume that a supplemental EIR will be prepared, per Section 15163 of the CEQA Guidelines. Dudek will coordinate with the City's assigned planner for the project to confirm our conclusions regarding the level of CEQA documentation. Should the City select the supplemental EIR for the project's CEQA documentation, no initial study would need to be prepared. Task 1a Project Scoping (Notice of Preparation and Scoping Meeting) Dudek will prepare the notice of preparation (NOP) for the project utilizing the City Planning Department format. In coordination with the City, Dudek would compile a list of agencies and organizations that would receive copies of all notices and environmental documents. This list will include the local jurisdictions, the State Clearinghouse and Planning Unit, agencies with known permitting responsibilities, and any public agencies that may be affected by the proposed project. We assume the City would also be responsible for maintaining the mailing list throughout the EIR process. Dudek would distribute the NOP for the 30-day public review period. Dudek would participate in one public scoping meeting to be led by the City. Dudek would be responsible for preparing EIR-related public scoping meeting materials, including relevant PowerPoint slides. Dudek would assist with meeting facilitation and note-taking. The Dudek meeting facilitators and note-takers would summarize and record all concerns. The City meeting participants would be asked to clarify their concerns and provide insight into their expectations of the draft EIR as an independent tool for fact-finding. Estimated Cost for Task la $3,950.00 Task 1b Biological Technical Report Dudek will document the survey findings presented in a biological resources report. The report will include a discussion of the survey methodology according to the appropriate protocol and adequacy of the surveys. Vegetation communities and special-status biological resources will be described in terms of their regional significance and presence on site, including an estimate of observed special-status species' population size and condition. All biological resources observed or with potential to occur on site with any reasonable potential to constrain the project will be addressed in the report. A table summarizing the special-status species that occur in the project 6807 DUDEK A-2 October 2011 Exhibit A (Continued) vicinity, but that have no reasonable potential to occur or otherwise constrain the project, will be included but not discussed further. Also included in the report will be an assessment of existing conditions, an impacts analysis, and an assessment of the significance of impacts in accordance with CEQA. Direct, indirect, and within-project cumulative effects for both short-term and long-term effects of the proposed project will be evaluated. Dudek will recommend specific avoidance, minimization, and mitigation measures for impacts identified that reduce impacts to a level below significance, if possible. Proposed mitigation requirements for potential impacts to sensitive or special-status resources will be discussed in terms of regional planning, as well as City, state, and federal laws and guidelines, to comply with all existing biological resource laws, regulations, and court precedent, including CEQA and the Migratory Bird Treaty Act. Graphics will be prepared to illustrate the location of the site, the existing biological conditions, and the proposed project impacts. All plant and wildlife species encountered and identified will be recorded for inclusion as an appendix to the biological resources technical report. Each focused survey report for wildlife species will also be included as an appendix to the biological resources technical report. Two versions of the report (draft and final) may be required to satisfy the various review cycles. Dudek will provide up to two copies of each version of the report, including maps and figures. The final version of the report will be submitted as both hard copy and as an electronic document accessible in Microsoft Word. The client will provide the proposed impact areas for the impacts analysis section. Estimated Cost for Task Ib $10,000.00 Task 1c Screencheck Draft Supplemental EIR The supplemental EIR will focus on potentially significant impacts not disclosed in the 2003 PEIR. This will include potential effects to the expanded project site (the westerly segment of the creek to the Jefferson Street Bridge), potential impacts to least Bell's vireo (Vireo belliipusillus), and potential impacts to cultural resources. We will summarize the results of the biological technical report described above. We will also rely on Plaza Camino Real's recent cultural report for use in the EIR. Key chapters to be presented in the supplemental EIR will be the introduction, project description, biological resources, hydrology and water quality, and cultural resources. We will also address three topics not previously addressed in the 2003 PEIR that have since been updated in the City's initial study checklist: agricultural resources, greenhouse gas emissions, and 6807 DUDEK A-3 October 2011 Exhibit A (Continued) applicable sections of traffic. These topics will be addressed in the Effects Not Found to be Significant chapter. Dudek will also update the following sections of the EIR: cumulative effects (including the proposed hotel development project on the north side of the creek within the City of Oceanside and the Plaza Camino Real expansion project) and alternatives. Dudek would prepare a screencheck draft of the EIR for review by the City. It is anticipated, for purposes of cost estimation, that two screencheck drafts would be prepared prior to preparation of the draft EIR for public review. Five hard copies will be submitted to the City along with an electronic version. Estimated Cost for Task Ic $49,840.00 Task 1d Draft Supplemental EIR Based on City comments on the second screencheck draft EIR, Dudek will prepare the public review draft EIR for public review. The draft EIR will consist of text, graphics, and appendices, and will also include a complete and comprehensible executive summary. Dudek assumes that the City will notice and distribute the draft EIR for public review. Dudek will also prepare a notice of completion in the form of the most recently updated CEQA Guidelines for review and approval by the City prior to public distribution with the draft EIR. Ten copies of the draft EIR and technical studies are assumed to be necessary for submission to the City and client. Up to 30 CDs will also be submitted. Estimated Cost for Task Id $6,480.00 Task 1e Preparation of Final Supplemental EIR and Related Tasks At the close of public review, the final supplemental EIR will be prepared. Responses to comments received during the public review period will be prepared by Dudek for review by City staff. The draft responses will be revised by Dudek based on City comments. For purposes of cost estimation, it is assumed that Dudek will respond to up to 50 substantive public comments on the draft EIR (note that a single comment letter may contain multiple comments). This task assumes one round of revisions to the final EIR based on City comments. It is assumed that no changes to technical reports would be required at this stage of EIR processing. Five copies of the screencheck final EIR and 10 copies of the final EIR are assumed to be necessary for submission to the City and client. CEQA requires the preparation and adoption of a mitigation monitoring and reporting program (MMRP) to address all mitigation measures required by the EIR (Public Resources Code 21081.6). Dudek will prepare a summary of the program and will prepare a matrix of mitigation measures that identifies: (1) the agency(ies) responsible for their implementation and monitoring; 6807 DUDE K A-4 October 2011 Exhibit A (Continued) (2) the monitoring and reporting schedule; and (3) completion requirements. The MMRP will be developed and finalized during the final phase of the EIR preparation. This task assumes one round of revision to the MMRP based on City comments. Dudek will prepare a draft candidate findings of fact for each significant impact identified in the EIR for the City's review. If any impacts are found to be significant and unmitigable, Dudek will also prepare a statement of overriding considerations. This task assumes one round of revision to the findings and statement of overriding considerations based on City comments. Estimated Cost for Task le $22,460.00 Task 2 Permitting (Non-CCC) The City has an existing Streambed Alteration Agreement (SAA), which expires December 31, 2013. Based upon data collected for another project adjacent to the Buena Vista Creek Channel Maintenance Project, breeding least Bell's vireo are present along the southern portion of the channel, which is not maintained but where the exotics removal program is occurring. Previously, the proposed project did not result in fill and dredge of jurisdiction-delineated "waters of the United States," which eliminated the need for a Section 404 U.S. Army Corps of Engineers (ACOE) permit, and, thus, a Section 401 Water Quality Certification from the Regional Water Quality Control Board (RWQCB). Additionally, there were no federally or state- listed species present in the study area in 2001 when surveys were conducted; therefore, no state or federal Endangered Species Act (ESA) permitting was necessary. For purposes of estimating costs for the fiscal year starting in July 2011, Dudek assumes the following: • Maintenance will occur outside of the nesting bird season—March 15-September 15 • The U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) will require only a consistency determination that describes the avoidance and minimization measures that will be implemented to avoid impacts to least Bell's vireo and how the project is consistent with the City's habitat management plan • The only permit required would be an SAA • The proposed project would not require a Section 404 permit or a Section 401 Water Quality Certification from RWQCB. Task 2a Wetlands Delineation A jurisdictional delineation of waters of the United States, including wetlands, under the jurisdiction of ACOE, CDFG, and RWQCB will be conducted between the South Vista Way 6807 DUDEK A-5 October 2011 Exhibit A (Continued) Bridge and east of the Jefferson Street Bridge. The ACOE jurisdictional wetlands delineation will be conducted in accordance with the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (TR Y-87-1) and the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (ACOE 2006). Hydrology, vegetation, and soils will be examined at potential wetland sites and will be recorded on wetland determination data forms. A predominance of hydrophytic vegetation, where associated with a stream channel, will be used to define CDFG-regulated wetlands. The limits of areas under the jurisdiction of RWQCB generally match those areas delineated as ACOE-jurisdictional. The extent of wetland features will be determined in the field by collecting data using a global positioning system (GPS) unit; these shapes will be transferred to topographic base, and a geographic information system (GIS) coverage will be created. A separate jurisdictional delineation report will not be prepared, but will be included in the permit application and biological resources technical report. Estimated Cost for Task 2a $6,000.00 Task 2b Focused Surveys Task 2b-l Southwestern Willow Flycatcher/Least Bell's Vireo Due to the overlap of habitat use, the survey effort includes determining presence/absence for southwestern willow flycatcher (Empidonax traillii extimus) and least Bell's vireo. The official USFWS-approved survey protocols for the least Bell's vireo and southwestern willow flycatcher will be followed (Sogge et al. 1997; USFWS 2000; USFWS 2001; USFWS 2004). Dudek will conduct focused surveys for the least Bell's vireo and southwestern willow flycatcher in areas supporting suitable habitat within the project boundary. The surveys will be conducted during the breeding season for these migratory bird species according to USFWS survey protocols. Southwestern Willow Flycatcher For the southwestern willow flycatcher, a recovery permit pursuant to section 10(a)(l)(A) of the ESA is required to conduct presence/absence surveys. A total of five surveys of the suitable habitat are required for "project-related" surveys, with one visit between May 15 and May 31, one visit between June 1 and June 21, and three visits between June 22 and July 17. Each survey during the final period will be separated by at least 5 days. The three visits during the final survey period are conducted in order to provide verification that any flycatchers observed during the first two survey periods are actually resident. Dudek will conduct the survey starting as soon as it is light enough to be able to walk safely and until approximately 10 a.m. Dudek will use a tape of recorded flycatcher vocalizations approximately every 50-100 feet within suitable habitat to induce flycatcher responses. If a flycatcher is detected, playing of the tape will cease in order to avoid harassment. Dudek will complete a willow flycatcher survey and detection form for the 6807 DUD SIC A-6 October 2011 Exhibit A (Continued) survey visits. This form provides information on the survey visit, such as time of day, duration, number of pairs observed, and observation of brown-headed cowbirds (Molothrus ater). The form also provides site information, such as ownership, vegetation characteristics, and hydrological information. In conjunction with the form, the protocol requires that a U.S. Geological Survey map showing the site location, a map showing survey route and survey areas, and photographs of the habitat be submitted to LJSFWS. Least Bell's Vireo For the least Bell's vireo, a recovery permit pursuant to Section 10(a)(l)(A) is not required to conduct presence/absence surveys provided that the January 19, 2001, survey protocol is followed and vocalization tapes are not used. A total of eight site visits to areas of suitable habitat will be conducted with 10-day intervals between each visit. Dudek will conduct surveys between April 10 and July 31, between dawn and 11 a.m., using a qualified biologist familiar with least Bell's vireo songs, calls, and plumage. A focused survey letter report documenting the methods and results of this survey will be prepared in accordance with USFWS requirements. To maximize efficiency, Dudek will conduct surveys for least Bell's vireo in conjunction with the southwestern willow flycatcher surveys, but will also include three additional site visits per the survey protocol. Therefore, 8 person-days will be required to survey the project area for these species. Dudek will prepare focused survey reports for least Bell's vireo and southwestern willow flycatcher that will be submitted to the USFWS. Estimated Cost for Task 2b-l $11,800.00 Task 2b-2 Light-footed Clapper Rail Focused Survey Focused surveys for the light-footed clapper rail (Rallus longirostris levipes) will be conducted during the breeding season for these species according to USFWS survey protocol. The survey will be conducted in suitable habitat located along Buena Vista Creek. Although there is limited marsh habitat present, light-footed clapper rail has been recorded within Buena Vista Creek. Currently, there are seven pairs documented, and two to three pairs are located just west of Interstate 5. For the light-footed clapper rail, six site visits must be conducted between March 1 and May 30. Surveys are usually conducted in the 2 hours before dark but can be done at first light to about 2 hours after sunrise. A tape playback of the "clappering" call of the rail appears to be responded to by rails, hence a playback will be used to elicit responses. Dudek will prepare a focused survey report for light-footed clapper rail that will be submitted to the USFWS. 6807 DUDEK A-7 October 2011 Exhibit A (Continued) Estimated Cost for Task 2b-2 $8,850.00 Task 2b-3 Focused Rare Plant Surveys Dudek will conduct a focused survey for rare plants in May (i.e., one pass). Field survey methods will conform to CNPS Botanical Survey Guidelines (CNPS 2001); Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities (CDFG 2000); and Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed, and Candidate Plants (USFWS 1996). All plant species encountered during the field surveys will be identified to subspecies or variety, if applicable, to determine sensitivity status. Latin and common names will follow The Jepson Manual (Hickman 1996), including updates provided in the Jepson Manual Online (Jepson Flora Project 2010). If target species are encountered, field personnel will record data points demarcating edge of polygon and assess population numbers using a GPS with sub-meter accuracy. Estimated Cost for Task 2b-3 $2,500.00 Total Estimated Cost for Task 2b $23,150.00 Task 2c SAA Dudek will submit an application for a Section 1602 SAA to CDFG. The application will include a project description, a statement of purpose and need, an impacts analysis, a discussion of avoidance and minimization of impacts, a jurisdictional wetlands delineation, a draft mitigation plan, and a copy of the CEQA document with all associated figures (vicinity maps, project site map, construction/grading cross-sections, mitigation area, etc.). Dudek will coordinate with CDFG staff; this will include one meeting with CDFG staff. Estimated Cost for Task 2c $15,000.00 The fees for routine maintenance, to be provided by the City, include the base fee of $2,689.50 and $112.00 for each maintenance project completed per calendar year, if the project is longer than 5 years. Assuming the permit is valid for 10 years, the cost would be $3,809.50. Task 2d Habitat Management Plan Consistency Determination Dudek will prepare a habitat management plan (HMP) consistency determination (CD) for the City to submit to USFWS and CDFG. This CD will include a project description, an impacts analysis, a discussion of avoidance and minimization of impacts, a jurisdictional wetlands delineation, a draft mitigation plan, and a description of how the project is consistent with the conditions of coverage for least Bell's vireo under the HMP. DUDEK A-8 October 2011 2\ Exhibit A (Continued) Estimated Cost for Task 2d $5,000.00 Task 3 Coastal Permitting The City has a certified Local Coastal Program (LCP) and issues coastal development permits throughout most of its coastal zone area. Based on our review of available project information and the City's certified LCP, the proposed project is partially located in the City's coastal zone area and is not exempt from coastal development permit requirements, and thus will require that a coastal development permit be issued by the City prior to construction. The project is within the CCC appeals area associated with Buena Vista Creek, and may also be appealed to the CCC as a public works project. In addition, the southernmost limit of the project is located near/adjacent to Buena Vista Lagoon, a coastal water body that is within the CCC's retained permit jurisdiction. Dudek will coordinate with City personnel and CCC staff to confirm coastal development permit jurisdiction for the project and will advise the City on the best available options for preparing coastal development permit application materials and expediting the review and approval process. We will also coordinate with CCC staff to identify potential coastal resource issues for project planning and design consideration to avoid undue delays in the coastal development permit process potentially associated with a third-party or CCC appeal. This task assumes that preliminary meetings with CCC staff will confirm the project limits do not fall within an area under the CCC's retained permit jurisdiction, and that an appeal of the City's coastal development permit approval is not filed with the CCC. In completing this effort, Dudek will review available background documentation and project information, including relevant environmental, land use, and ordinance provisions, to identify potential coastal policy and/or procedural issues associated with the project, focusing on avoidance of possible grounds for appeal of the City's coastal development permit approval. Dudek will compile available project information and prepare a California Coastal Act/LCP policy consistency analysis for review and consideration by the City and, if desired, CCC staff, to support discussions and resolution of any potential coastal policy and/or procedural issues associated with the project. The potential appealability of the project necessitates that the City's coastal development permit review process ensure sound project consistency findings with the City's certified LCP to avoid project delays and expense associated with a potential permit appeal to the city council and/or CCC. Given the location, nature, and scope of the project, it is assumed that the coastal development permit review process will be largely based on the project's consistency with City LCP policies and standards addressing environmentally sensitive habitat areas, stream alteration/wetlands, water quality, hazards, and coastal access/recreation. The scope of work assumes that Dudek's coastal planner will prepare for and attend one meeting with City personnel and CCC staff and participate, via conference call, in three additional DUDEK A-9 October 2011 Exhibit A (Continued) meetings with the City and/or CCC staff to resolve any potential policy or procedural issues that may arise during the City's coastal development permit review process. If requested, Dudek will assist the City in reviewing and responding to staff reports/recommendations and written correspondence associated with the City's decision-making hearing and will attend one local public hearing to support the project. The scope of work does not include preparation or processing of coastal development permit application materials with the City Planning Division or consultation/procedural assistance for any appeal of the City's coastal development permit approval. .$11,660.00Estimated Cost for Task 3 Task 4 Project Management and Administration For budgeting purposes, we have assumed a 12-month work effort with three team meetings with City staff during the course of the work effort. This task includes regular progress reports to the City to be submitted with our monthly invoice. A key element of Dudek's progress report procedures is identification of key upcoming issues and obstacles, as well as a restatement of tasks completed during the previous month. We believe this helps in identifying issues as early in the process as possible and maintaining project momentum. .$20,000.00Estimated Cost for Task 4. SUMMARY All work will be billed on a time-and-materials basis not to exceed $173,540.00, in accordance with the schedule of charges in place when the work is performed. Direct costs will be billed in addition to labor costs at cost, plus 15%, and are included in the cost estimate provided for each task. Direct costs will include items such as document reproduction, mileage, etc. The cost for each task is provided below in Table 1. Table 1. Estimated Cost ^-;?v^;t^;^i«v;K:vr,i>;;:>v: 1. • ;:•!••'> Task 1 CEQA Compliance Task 1a Project Scoping (Notice of Preparation and Scoping Meeting) Task 1b Biological Technical Report Task 1c Screencheck Draft Supplemental EIR Task 1d Draft Supplemental EIR Task 1e Preparation of Final Supplemental EIR and Related Tasks Task 2 Permitting (Non-CCC) Task 2a Wetlands Delineation Task 2b Focused Surveys :J. t^^sH^fc' $92,730.00 53,950.00 $70,000.00 $49,840.00 $6,480.00 $22,460.00 $49,150.00 $6,000.00 $23,750.00 DUDEK A-10 6807 October 2011 Exhibit A (Continued) Task 2c Streambed Alteration Agreement Task 2d Habitat Management Plan Consistency Determination Task 3 Coastal Permitting Task 4 Project Management and Administration TOTAL COST 575,000.00 $5,000.00 $11,660.00 $20,000.00 $173,540.00 If you have any questions regarding this scope or cost estimate, please feel free to contact me at 760.479.4281. Sincerely, /Megafl^S. Enright Project Manager/Biologist Alt.: 2011 Schedule of Charges cc: Shawn Shamlou, Dudek April Winecki, Dudek Callie Ford, Dudek 6807 DUDE 1C A-11 October 2011 DUDEK 2011 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director $225.00/hr Principal Engineer III $210.00/hr Principal Engineer II $198.00/hr Principal Engineer I $190.00/hr Senior Project Manager $180.00/hr Project Manager $170.00/hr Senior Engineer III $160.00/hr Senior Engineer II $155.00/hr Senior Engineer I $145.00/hr Project Engineer IV $135.00/hr Project Engineer III $125.00/hr Project Engineer II $115.00/hr Project Engineer I $100.00/hr Project Coordinator $80.00/hr Engineering Assistant $75.00/hr ENVIRONMENTAL SERVICES Principal $225.00/hr Senior Project Manager/Specialist II $210.00/hr Senior Project Manager/Specialist I $200.00/hr Environmental Specialist/Planner VI $180.00/hr Environmental Specialist/Planner V $160.00/hr Environmental Specialist/Planner IV $150.00/hr Environmental Specialist/Planner III $140.00/hr Environmental Specialist/Planner II $130.00/hr Environmental Specialist/Planner I $120.00/hr Analyst $100.00/hr Planning Research Assistant $80.00/hr ARCHAEOLOGICAL SERVICES Senior Project Manager/Archaeologist II $210.00/hr Senior Project Manager/Archaeologist I $200.00/hr Environmental Specialist/Archaeologist VI ..$180.00/hr Environmental Specialist/Archaeologist V...$160.00/hr Environmental Specialist/Archaeologist IV..$150.00/hr Environmental Specialist/Archaeologist III ..$140.00/hr Environmental Specialist/Archaeologist II ...$130.00/hr Environmental Specialist/Archaeologist I ....$120.00/hr Archaeologist Technician II $70.00/hr Archaeologist Technician I $50.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal/Manager $195.00/hr Senior Construction Manager $180.00/hr Senior Project Manager $160.00/hr Construction Manager $150.007hr Project Manager $140.00/hr Resident Engineer $140.00/hr Construction Engineer $135.00/hr On-site Owner's Representative $130.00/hr Construction Inspector III $125.00/hr Construction Inspector II $115.00/hr Construction Inspector I $105.00/hr Prevailing Wage Inspector $135.00/hr DUDEK HYDROGEOLOGICAL SERVICES Principal $220.00/hr Sr. Environmental Engineer $190.00/hr Sr. Hydrogeologist/Sr. Proj Mgr $170.00/hr Project Manager $155.00/hr Associate Hydrogeologist/Engineer $140.00/hr Hydrogeologist IV/Engineer IV $125.00/hr Hydrogeologist Ill/Engineer III $115.00/hr Hydrogeologist Il/Engineer II $105.00/hr Hydrogeologist I/Engineer I $95.00/hr Technician $95.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager $175.00/hr District Engineer $160.00/hr Operations Manager $150.00/hr 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 I Operator $55.00/hr Operator in Training $40.00/hr Collection Maintenance Worker II $55.00/hr Collection Maintenance Worker I $40.00/hr OFFICE SERVICES Technical/Drafting/CADD Services 3D Graphic Artist $150.00/hr Senior Designer $130.00/hr Designer $120.00/hr Assistant Designer $115.00/hr CIS Specialist IV $150.00/hr GIS Specialist III $140.00/hr CIS Specialist II $130.00/hr GIS Specialist I $120.00/hr CADD Operator III $115.00/hr CADD Operator II $110.00/hr CADD Operator I $95.00/hr CADD Drafter $80.00/hr CADD Technician $70.00/hr SUPPORT SERVICES Technical Editor III $140.00/hr Technical Editor II $125.00/hr Technical Editor I $110.00/hr Publications Assistant III $100.00/hr Publications Assistant II $90.00/hr Publications Assistant I $80.00/hr Clerical Administration II $80.00/hr Clerical Administration I $75.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices,Late Charges. • All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1%) per month of the outstanding balance until paid in full. Effective January 1, 2011