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HomeMy WebLinkAboutDudek & Associates Inc; 2004-01-21;AMENDMENT NO. 4 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH DUDEK AND ASSOCIATES, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON POWER AND DESALINATION PLANTS PROJECT - (EIR 03-05) THIS AGREEMENT, made and entered into as of the /day of . 2009, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Dudek and Associates, Inc., hereinafter referred to as "Consultant", shall serve to amend the orignial contract dated AtArJanuary 21, 2004, attached hereto. All provisions of the original contractual! remain in effect, except that as outlined in the Consultant's revised proposal, dated September 8, 2009, attached hereto, the Work Program referenced in Section 1 (a) shall be amended to include the additional work outlined therein, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $6,500.00 for the additional work, making the maximum fees payable a total of $399,184.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: DUDEK AND ASSOCIATES, INC. CITY OF CARLSBAD, a municipal corporation of the State of California BVL > Name of.Contractor, By: /\ *-**• / "" MpCity Manager eHvtayoT~ ATTEST: (' (print name/title) (sign heYe) Dudek Frank Dudek President ft q \ \V\O\ ^ *~ ^ M. y^y^ CD, Cit/ClerkQ (print name/title) June Collins Secretary Dudek APPROVED AS TO FORM: RONALD RyBALL, City Attorney By: Assistant City Attorney / City Attorney Approved Version 03/17/04 DUDEK MAIN OFFICE 605 THIRD STREET ENCINITAS. CALIFORNIA 92024 T 760.942.5147 T 800,450, IB !8 F 760.632,0164 September 8, 2009 6273-01 Scott Donnell City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Second Additional Work Request - Carlsbad Desalination Plant Environmental Impact Report (EIR) Dear Scott: Dudek is requesting approval of this additional scope and budget for preparation of additional environmental documentation for the Carlsbad Desalination Plant. The additional work is related to additional analysis and revisions for the California Environmental Quality Act (CEQA) Addendum, and responses to public comments on the Addendum. SCOPE OF WORK Addendum Dudek's original scope of work for the Addendum assumed two rounds of comments by staff. The additional work was related to additional review and revisions, as well as more detailed analysis of project issues, including cumulative projects and growth inducement. Total additional work included approximately 15 hours of staff time, including editing and production. Estimated Costs $2,300.00 Responses to Comments Dudek staff provided responses to comments on the Addendum received from Coastkeeper. This task also assumes that additional comments will be submitted prior to the City Council meeting, and includes time allocated for additional responses and staff support. For purposes of cost estimation, time allocated for responses to comments will includes approximately 20 hours. Estimated Costs $4,200.00 TOTAL ADDITIONAL COSTS $6,500.00 WWW.DUDEK COM Scott Donnell Subject: Second Additional Work Request - Carlsbad Desalination Plant Environmental Impact Report (EIR) All labor charges will be billed on a time-and-materials basis in accordance with our 2009 Standard Schedule of Charges (attached). Thank you for the opportunity to continue providing environmental consulting services for the Carlsbad Desalination Plant EIR. Please advise me of any additional details you may need related to the proposed services. Sincerely, 5rincipal Environmental Sciences Division Alt: Dudek 2009 Standard Schedule of Charges 6273-01 DUDEK 2 September 2009 DUDEK 2009 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director $205.00/hr Program Manager $190.00/hr Principal Engineer II $180.00/hr Principal Engineer I $170.00/hr Senior Project Manager $160.00/hr Project Manager $145,00/hr Resident Engineer $135.00/hr Senior Engineer 11 $135.00/hr Senior Engineer I $125.00/hr Associate Engineer $115.00/hr Project Engineer IV $110.00/hr Project Engineer III $100.00/hr Project Engineer II $95.00/hr Project Engineer I $85.00/hr Field Engineer II $110.00/hr Field Engineer I $100.00/hr Engineering Assistant $75.00/hr Right-of-Way Management Services Principal ROW Manager $170.00/hr ROW Project Manager $140.00/hr ROW Senior Engineer $125.00/hr ROW Engineer $115.00/hr ROW Technician $105.00/hr ROW Research Analyst $75.00/hr Environmental Services Principal $210.00/hr Senior Project Manager/Specialist $195.00/hr Environmental Specialist/Planner VI $170.00/hr Environmental Specialist/Planner V $150.00/hr Environmental Specialist/Planner IV $135.00/hr Environmental Specialist/Planner III $125.00/hr Environmental Specialist/Planner II $110.00/hr Environmental Specialist/Planner I $100.00/hr Analyst $85.00/hr Planning Research Assistant $70.00/hr Construction Management Services Principal/Manager $195.00/hr Senior Construction Manager $180.00/hr Senior Project Manager $160.00/hr Construction Manager $150.00/hr Project Manager $140.00/hr Resident Engineer $135.00/hr Construction Engineer $130.00/hr On-site Owner's Representative $105.00/hr Construction Inspector III $120.00/hr Construction Inspector II $110.00/hr Construction Inspector I $100.00/hr Hydrogeological Services Principal $205.00/hr Practice Manager $185.00/hr Sr. Environmental Engineer $185.00/hr Sr. Hydrogeologist/Sr. Proj Mgr $165.00/hr Project Manager $150.00/hr Associate Hydrogeologist/Engineer $135.00/hr Hydrogeologist IV/Engineer IV $120.00/hr Hydrogeologist Ill/Engineer III $110.00/hr Hydrogeologist Il/Engineer II $100.00/hr Hydrogeologist I/Engineer I $90.00/hr Technician $85.00/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 III Operator $80.00/hr Grade I Operator $55.00/hr Operator in Training $40.00/hr Collection Maintenance Worker 11 $55.00/hr Collection Maintenance Worker I $40.00/hr Office Services Technical/Drafting/CADD Services 3D Graphic Artist $140.00/hr Senior Designer $120.00/hr Designer $105.00/hr Assistant Designer $85.00/hr GIS Specialist IV $135.00/hr CIS Specialist III $120.00/hr GIS Specialist II $110.00/hr GIS Specialist I $100.00/hr CADD Operator II $95.00/hr CADD Operator I $85.00/hr CADD Drafter $80.00/hr CADD Technician $70.00/hr Surveying Services (Coachella Valley) Professional Land Surveyor $160.00/hr 3-Person Survey Crew $235.00/hr 2-Person Survey Crew $205.00/hr 1-Person Survey Crew $110.00/hr Survey Analyst $110.00/hr Asst. Survey Analyst/CADD Mapper $80.00/hr Support Services Technical Editor III $130.00/hr Technical Editor II $110.00/hr Technical Editor I $90.00/hr Publications Assistant III $90.00/hr Publications Assistant II $80.00/hr Publications Assistant I $70.00/hr Clerical Administration $70.00/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 55.0 cents per mile. 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. DUDEK Effective January 1, 2009 AMENDMENT NO. 3 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH DUDEK AND ASSOCIATES, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON POWER AND DESALINATION PLANTS PROJECT - (EIR 03-05) THIS AGREEMENT, made and entered into as of the Q I St day of . 2009, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Dudek and Associates, Inc., hereinafter referred to as "Consultant", shall serve to amend the previous contract dated January 21, 2004, attached hereto. All provisions of the original contract shall remain in effect, except that as outlined in the Consultant's revised proposal, dated June 22, 2009, attached hereto, the Work Program referenced in Section 1(a) shall be amended to include the additional work outlined therein, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $26,800.00 for the additional work, making the maximum fees payable a total of $392,684.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: DUDEK AND ASSOCIATES, INC. CITY OF/C>RLSBAD, a/ corporanof icipal alifornia Frank Dudek President (print name/title) (sign June Collins Secretary (print name/title)Budek APPROVED AS TO FORM: RONALD R. BALL, City Attorney ssistant City Attorney City Attorney Approved Version 03/17/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTg^geJBfe£^g<5gx»efeea6<?<^ State of California County of On before me,• Si personally appeared 1?(/UJ6k-' Nam Here Insert Name and Title of the Offi . S Commtwton* 1730144 San Otogo County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persorj(spwhose name^X/^^subscribed to the within instrument and acknowledged to me that hte/sbe/tney-' executed the same in his/l=ier/{neJF authorized capacitydfsp and that by-hio/hor/|nejr;signature® on the instrument the person(§p or the entity upon behalf of which the person^s)>acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *Signature.Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document # U2 Title or Type of Document: Document Date: DO|~ \J£ I R & ^ - &\\Z Number of Pages:1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) : f M^ KSigner's Name D Individual I^L Corporate Officer — Title(^): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. -f Signer's Name:_ D Individual RIGHTTHUMBPRINT OF SIGNER Top of thumb here l Corporate Officer — Title$: \J\CO D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 DUDEK MAIN OFFICF 605 THIRD SI RtEf ENCINITAS. CALIFORNIA 93024 T 760 942 5147 T BOO 450 IEIB f 760 632 0164 June 22, 2009 6273-01 Scotl Donnell City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Additional Work Request - Carlsbad Desalination Plant Environmental Impact Report (EIR) Dear Scott: Dudek is requesting approval of this additional scope and budget for preparation of additional environmental documentation for the Carlsbad Desalination Plant. The additional work is related to changes in the configuration of the plant and off-site water delivery pipelines. PROJECT UNDERSTANDING The City is evaluating proposed changes in the design and configuration of the proposed seawater desalination plant and associated off-site water delivery pipelines. Changes to the desalination plant consist of reconfiguration of the plant and rerouting of the source water and discharge pipelines. The original design located the facility almost entirely within the existing berm/containment area of oil storage tank #3, with the pretreatment area located on the west end of the site, and the pretreatment filters and reverse osmosis (RO) trains located on the east side. The proposed revisions would reconfigure the site to occupy the eastern approximately two- thirds of the oil tank #3 site, in addition to additional land located to the south. The facilities would be reconfigured, placing the pretreatment area in the northwestern portion of the newly configured site, and the pretreatment filter area would move to the northeastern portion of the site, adjacent to the rail right-of-way. The RO treatment area would be moved to the east-central portion of the site, and post-treatment, chemical storage and solids handling facilities would be located east of the RO treatment area, adjacent to the rail right-of-way. Product water storage would be moved to a 3.4 million gallon underground tank on the southern portion of the site. Source water and discharge pipelines would be relocated and shortened. The connection points for these pipelines would remain the same, but instead of routing the pipelines to the south, around the Encina Power Station (EPS), the pipelines would follow an existing access road on WWWnUDEKCOM Scott Donnell Subject: Additional Work Request - Carlsbad Desalination Plant Environmental Impact Report (EIR) the north side of the existing Administration Building, and proceed east to the plant along the north side of the existing switchyard. The off-site water delivery lines would generally follow the "blue alignment" identified in the EIR, with the primary differences being elimination of a substantial portion of the alignment along Melrose, north of Cannon Road, and addition of pipelines within Lionshead Road, Pointsettia Avenue (City of Vista), and Linda Vista Avenue and 9th Street (City of San Marcos). BACKGROUND Sections 15162 through 15164 of the California Environmental Quality Act (CEQA) guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's final EIR. Section 15162 of the CEQA Guidelines provides: (a) When an EIR has been certified...for a project, no subsequent EER shall be prepared for that project unless the City determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the EIR...due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, shows any of the following: (A) The project will have one or more significant effects not discussed in the [Final] EIR; (B) Significant effects previously examined will be substantially more severe than shown in the [Final] EIR; 6273-01 D U D E K 2 June 2009 Scott Donnell Subject: Additional Work Request - Carlsbad Desalination Plant Environmental Impact Report (EIR) (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the [Final] EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In the event that one of these conditions would require preparation of a subsequent EIR, but "only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation," the City could choose instead to issue a supplement to the Final EIR (CEQA Guidelines, § 15163, subd. (a)). In the alternative, where the changes or new information will result in no new impacts, or no more severe impacts, than any that were disclosed in the Final EIR for the Project, it is appropriate for the City to prepare an addendum pursuant to CEQA Guideline, § 15164. This section states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to § 15162," and that the explanation needs to be supported by substantial evidence (CEQA Guidelines, § 15164, subd. (e).) The addendum need not be circulated for public review, but may simply be attached to the Final EIR (Ibid.; CEQA Guideline, § 15164, subd. (c)). SCOPE OF WORK Based on a preliminary review of the information provided, an Addendum would be the appropriate CEQA documentation for the proposed changes in the project. The Addendum will consider whether each of these three changed circumstances reveal or create previously undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts (CEQA Guidelines, §§15162, 15163, 15164, subd. (a); 15088.5, subds. [a], [b]). The following issue areas will be addressed in determining whether the proposed changes would result in any additional significant environmental effects beyond those previously covered under the EIR for the project. 6273-01 D U D E K 3 June 2009 Scott Donnell Subject: Additional Work Request - Carlsbad Desalination Plant Environmental Impact Report (EIR) Aesthetics Reconfiguration of the desalination plant will be reviewed in comparison with the project as described and depicted in the Final EIR. The Addendum will include visual simulations (provided by the City) from the same vantage points as were analyzed in the Final EIR, and will analyze the proposed changes in terms of visual character, viewsheds, and scenic resources, as well as light and glare. No significant impacts on aesthetics were identified for construction of the off site water delivery pipelines. The Addendum will address the proposed changes in the pipeline alignments in that context. Air Quality The proposed changes will not substantially affect operational characteristics, or construction methods or duration. The Addendum will compare the changes to the analysis in the Final EIR and provide documentation of the comparison. Biological Resources Changes in the desalination plant would not change flow characteristics, and therefore would not change the analysis or conclusions relative to marine effects. The redefined plant boundaries are entirely disturbed and do not contain sensitive biological resources, similar to the original site configuration. The proposed changes in the water delivery pipelines are entirely within existing roadways, and would not result in additional impacts on sensitive biological resources. The Addendum will provide documentation and support for all findings. Cultural Based on the highly disturbed nature of the desalination plant site, the conclusions from the Final EIR relative to cultural resources are still applicable. The changes in pipeline alignments are all within existing roadways, and would be subject to the same mitigation developed for previously analyzed pipelines within existing roadways. The Addendum will explain and provide documentation of conclusions. Geology The proposed changes in the desalination plant site would not result in any'changes in the analysis of impacts related to soils or geologic conditions. For the revised pipeline alignments, the EIR considered potential impacts related to constructability, seismic hazards, landslides, liquefaction, and mineral resources, and determined that these issues are not anticipated to pose substantial constraints on project development. However, mitigation was proposed in the form of 6273-01 D U D E K 4 June 2009 Scott Donnell Subject: Additional Work Request - Carlsbad Desalination Plant Environmental Impact Report (EIR) detailed geotechnical studies. The same mitigation would be required of the revised pipeline alignments, and will be included in the Addendum. Hazards Because the plant operations would not be modified, no changes in potential hazards relating to plant operations would result. Construction of the off-site pipeline "would require grading and trenching activities that could potentially disturb and release hazardous materials into the environment from sites in proximity to the construction areas for the pipelines, for which mitigation was required in the EIR. The same mitigation would be required of the revised pipeline alignments, and will be included in the Addendum. Hydrology/Water Quality During construction of the desalination plant and off-site pipelines, bare soils would be exposed, soil and material stockpiles would be established, and fuels, lubricants and solid and liquid wastes would be stored within active construction areas. The EIR addresses these effects and requires mitigation. The same mitigation would be required of the revised pipeline alignments, and will be included in the Addendum. Land Use The proposed changes in both the plant site and the pipeline alignments are not anticipated to result in any changes in the analysis or conclusions of the land use discussion of the EIR. The Addendum will include documentation of the rationale supporting this conclusion. Noise Reconfiguration of the desalination plant would not substantially change any of the assumptions, analysis, or conclusions of the noise study contained in the EIR. For the proposed revisions to the water delivery pipelines, noise restrictions will also be required. The Addendum will address how such restrictions will be applied to avoid any significant effects on noise generation. Residences are located along portions of the proposed pipelines. Traffic The proposed reconfiguration of the plant would not change operational characteristics, and therefore would not result in changes in the assumptions, analysis, or conclusions of the traffic analysis for the plant. The proposed revisions to the pipelines would be analyzed against the analysis of traffic impacts related to pipeline construction in the EIR. Specifically, the _ . . _ _ . _ 6273-01 D U D E K 5 June 2009 Scott Donnell Subject: Additional Work Request - Carlsbad Desalination Plant Environmental Impact Report (EIR) Addendum will consider soil hauling and potential road closures due to construction. It is anticipated that similar impacts and mitigation measures would be applicable, based on the similar character and extent of construction activities. Public Utilities and Services Since no changes in operation are proposed for the plant site, it is not anticipated that substantial changes in the analysis or conclusions relative to public utilities and services would result. Similarly, the changes in pipeline alignments are not anticipated to change the analysis or conclusions of the EIR relative to utilities and services. The Addendum will provide supporting documentation. ADDENDUM The Addendum will identity all changed circumstances and new information and will memorialize in detail the City's reasoned conclusion that none of the proposed changes create the conditions requiring the preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines, Sections 15162 and 15163. Dudek will provide an administrative draft Addendum for City Staff review and will respond to two rounds of comments by staff. It is anticipated that the administrative draft Addendum can be completed within three weeks of contract authorization, and that responses to City comments can be provided within two weeks of receipt of the comments for each round. Estimated Costs $22,600.00 PROJECT MEETINGS AND COORDINATION Dudek staff will provide additional meeting support and project coordination as needed with the City, applicant and others as appropriate. For purposes of cost estimation, it is assumed that meeting and coordination time will include approximately 20 hours. Estimated Costs $4,200.00 Total Additional Costs $26,800.00 All labor charges will be billed on a time and materials basis in accordance with our 2009 Standard Schedule of Charges (attached). 6273-01 DUDEK 6 June 2009 Scon Donnell Subject: Additional Work Request - Carlsbad Desalination Plant Environmental Impact Report (EIR) Thank you for the opportunity to continue providing environmental consulting services for the Carlsbad Desalination Project EIR. Please advise me of any additional details you may need related to the proposed services. Very truly yours, Joe Monaco Principal Environmental Sciences Division Alt: Dudek 2009 Standard Schedule of Charges 6273-01 DUDEK 7 June 2009 DUDEK 2009 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director $205.00/hr Program Manager $190.00/hr Principal Engineer II $180.00/hr Principal Engineer I $170.00/hr Senior Project Manager $160.00/hr Project Manager $145.00/hr Resident Engineer $135.00/hr Senior Engineer II $135.00/hr Senior Engineer I $125.00/hr Associate Engineer $115.00/hr Project Engineer IV $110.00/hr Project Engineer III $100.00/hr Project Engineer II $95.00/hr Project Engineer I $85.00/hr Field Engineer II $110.00/hr Field Engineer I $100.00/hr Engineering Assistant $75.00/hr Right-of-Way Management Services Principal ROW Manager $170.00/hr ROW Project Manager $140.00/hr ROW Senior Engineer $125.00/hr ROW Engineer $115.00/hr ROW Technician $105.00/hr ROW Research Analyst $75.00/hr Environmental Services Principal $210.00/hr Senior Project Manager/Specialist $195.00/hr Environmental Specialist/Planner VI $170.00/hr Environmental Specialist/Planner V $150.00/hr Environmental Specialist/Planner IV $135.00/hr Environmental Specialist/Planner III $125.00/hr Environmental Specialist/Planner II $110.00/hr Environmental Specialist/Planner I $100.00/hr Analyst $85.00/hr Planning Research Assistant $70.00/hr Construction Management Services Principal/Manager $195.00/hr Senior Construction Manager $180.00/hr Senior Project Manager $160.00/hr Construction Manager $150.00/hr Project Manager $140.00/hr Resident Engineer $135.00/hr Construction Engineer $130.00/hr On-site Owner's Representative $105.00/hr Construction Inspector III $120.00/hr Construction Inspector II $110.00/hr Construction Inspector I $100.00/hr Hydrogeological Services Principal $205.00/hr Practice Manager $185.00/hr Sr. Environmental Engineer $185.00/hr Sr. Hydrogeologist/Sr. Proj Mgr $165.00/hr Project Manager $150.00/hr Associate Hydrogeologist/Engineer $135.00/hr Hydrogeologist IV/Engineer IV $120.00/hr Hydrogeologist Ill/Engineer III $110.00/hr Hydrogeologist Il/Engineer II $100.00/hr Hydrogeologist I/Engineer I $90.00/hr Technician $85.00/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 III Operator $80.00/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/CA DD Services 3D Graphic Artist $140.00/hr Senior Designer $120.00/hr Designer $105.00/hr Assistant Designer $85.00/hr GIS Specialist IV $135.00/hr CIS Specialist III $120.00/hr GIS Specialist II $110.00/hr GIS Specialist I $100.00/hr CADD Operator II $95.00/hr CADD Operator I $85.00/hr CADD Drafter $80.00/hr CADD Technician $70.00/hr Surveying Services (Coachella Valley) Professional Land Surveyor $160.00/hr 3-Person Survey Crew $235.00/hr 2-Person Survey Crew $205.00/hr 1-Person Survey Crew $110.00/hr Survey Analyst $110.00/hr Asst. Survey Anaiyst/CADD Mapper $80.00/hr Support Services Technical Editor III $130.00/hr Technical Editor II $110.00/hr Technical Editor I $90.00/hr Publications Assistant III $90.00/hr Publications Assistant II $80.00/hr Publications Assistant I $70.00/hr Clerical Administration $70.00/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 55.0 cents per mile. 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. DUDEK Effective January 1, 2009 AMENDMENT NO. 2 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH DUDEK AND ASSOCIATES, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON POWER AND DESALINATION PLANTS PROJECT - (EIR 03-05) THIS AGREEMENT, made and entered into as of the IP day of _, 200/, £)y and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Dudek and Associates, Inc., hereinafter referred to as "Consultant", shall serve to amend the previous contract dated January 21, 2004, attached hereto. All provisions of the original contract shall remain in effect, except that as outlined in the Consultant's revised proposal, dated October 31, 2007, attached hereto, the Work Program referenced in Section 1 (a) shall be amended to include the additional work outlined therein, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $8,000.00 for the additional work, making the maximum fees payable a total of $365,884.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: DUDEK AND ASSOCIATES, INC. CITY OF corporati D, a municipal of California Frank Dudek President (print name/title) (print name/title) APPROVED AS TO FORM: RONALD R. BALJ-, City Attorney By: AsWstalit City Attorney City Attorney Approved Version 03/17/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared ss. ,2-007. before me, Name and Title of Officer (e.g., "Jane otary Public") Name(s) of Signer(s) I y.aeiv I ^personally known to me D proved to me on the basis of satisfactory evidence to be the person@)whose name^J)tSi(^^ subscribed to the withjn instrument and acknowledged to me he/sbejj^hgy executed the same in his/l authorized capacity|(es/, and that by Nts/hef(mej signatures)) on the instrument the person(sD or the entity upon behalf of which the person(|p acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. 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: K^DV ( Bl P. -) . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: rTTLv^ H- D Individual ^L Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Top of thumb here Signer's Name: \%, D Individual incorporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toil-Free 1-800-876-6827 DUDEK MAIN OFFICE 60S THIRD STREET ENCINITAS, CALIFORNIA 93.024 T 760.942.5117 T 800.450.1818 F 760.632.0 I 64 October 31,2007 Ms. Michele Masterson City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Proposal to Provide Public Hearing Support for the Carlsbad Seawater Desalination Project Dear Ms. Masterson: Dudek is pleased to present this proposal to provide environmental support services for the Carlsbad Desalination Project. Our proposal includes attendance at public hearings, including the upcoming State Lands Commission Hearing on October 30, 2007, continuation of that meeting in December, and the California Coastal Commission Hearing, which is anticipated on November 14, 2007, and including one additional CCC hearing. Joe Monaco will be in attendance at both of these meetings, in order to support City Staff in responding to any questions, or addressing technical issues related to the environmental analysis that Dudek prepared for the desalination plant. It is anticipated that approximately 40 hours total will be required, including preparation time and travel time, to perform these duties. The hourly rate for Joe Monaco is $200 per hour. Therefore the total not-to-exceed amount that is being requested for these services is $8,000. Charges will be billed on a time and materials basis, as needed and directed by City staff, up to the maximum amount. Please feel free to contact me at 760.942.5147 for further information or clarification. Sincerely, sph Monaco Principal WWW.DUDEK.COM AMENDMENT NO. 1 TO EIR CONSULTANT SERVICES CONTRACT AGREEMENT WITH DUDEK AND ASSOCIATES, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT ON POWER AND DESALINATION PLANTS PROJECT - (EIR 03-05) THIS AGREEMENT, made and entered into as of the \ b4%- day of PbQmbQc , 2004, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City,” and Dudek and Associates, Inc., hereinafter referred to as “Consultant”, shall serve to amend the previous contract dated January 21,2004, attached hereto. All provisions of the original contract shall remain in effect, except that as outlined in the Consultant’s revised proposal, dated September 20, 2004, attached hereto, the Work Program referenced in Section l(a) shall be amended to include the additional work outlined therein, and the fee payable as referenced in Sections 4 and 5 of the contract shall be increased by $34,839.00 for the additional work, making the maximum fees payable a total of $357,884.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. CONTRACTOR: DUDEK AND ASSOCIATES, INC. CITY OF CARLSBAD, a municipal corporation of the State of California City Manager or Mayor ATTEST: PAVE d PI WD (print name/title) ’ APPROVED AS TO FORM: City Attorney Approved Version 0311 7/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT beforeme, 5.srEENs2 ih,b7PPY f v0Lic , Name and Title of Oflicer (e g “Jane Doe. Notary Public”) On 10-20-09 personally appeared Pcr\lK t>uDEg k M& TEiQ Date N&e(s) olgigner(s) @personally known to me 0 proved to me on the basis of satisfactory evidence to be the perso@ whose name@&@ subscribed to the within instrument and the acted, executed the instrument. WITNESS my hand and official seal. YRR/vLo 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 reatfachment of this form to another document. Description of Attached Document 4W624/ c Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: f%m \G DUD6 0 Individual 0 Partner - 0 Limited 0 General 1 pcorporate Officer - Title@): 9% 51P-GNT / w Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer 1s Representing: QOVEK AXoCt WS; I NC 0 1999 National Notary Association * 9350 De Solo Ave.. P.0 Box 2402 * Chatsworth. CA 91313-2402 * www nationalnotary.org Prod. No. 5907 Reorder- Call Toll-Free 1-800-876-6827 Engineering, Planning, Environmental Sciences and Corporate Office: 605 Third Street 760.942.5147 Professional Teams for Complex Projects Management Services Encinitas, California 92024 Fax 760.632.0164 - - September 20,2004 4062-0 1 Scott Donne11 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Additional Work Request - Carlsbad Power and Desalination Plunts EIR Dear Scott: Dudek and Associates is requesting approval of this additional scope and budget as an amendment to the existing contract for preparation of the Carlsbad Power and Desalination Plants EIR. The additional work is related to the offsite water delivery pipelines, specifically the revised “Green” alignment that has been proposed in response to comments from the City of Oceanside. The additional study area represented by the new alignment will require additional research and survey work for cultural resources, and will also require additional biological resources mapping, and discussion in all of the relevant sections of the EIR that pertain to offsite facilities. The following provides detail on the scope of work and costs: TASK 1 CULTURAL RESOURCES Task 1.7 Additional Literature Review and Record Search The initial scope of work and cost estimate proposed for the project included the assumptions that approximately ten cultural resources sites would be recorded within the project area. In all, 43 cultural resources (prehistoric and historic sites) were identified within or adjacent to the desalination plant and offsite pipeline alignments. In addition to reviewing the previously recorded sites, 80 previous reports were reviewed to identify the present condition for these resources. All 43 site record forms were reviewed, data placed in table format and mapped. All reports were also reviewed to determine present condition for each cultural resource. Additional costs were also incurred by charges from the South Coastal Information Center (SCIC) to run the additional record searches. Estimated Costs ................................................................................................................ $5,410.00 Mr. Scott Donne11 Re: Additional Work Request - Carlsbad Power and Desalination Plants EIR ~ ~___~ Task 1.2 Green Alignment Literature Review and Record Search All of the work performed for the project, including literature reviews and record searches through the SCIC will be performed for the proposed additional alignment along Cannon Road, College Boulevard and Lake Avenue. Estimated Costs ........................................................................................................ $2,942.00 Task 1.3 Field Survey and Spot Check of Cultural Resources Identified Within the Green Alignment Recorded and documented cultural resources sites identified within the Green Alignment will need to be field verified in cases where there is lack of sufficient detail in the existing records to provide adequate information for the project. It is anticipated that the survey can be completed by two surveyors in two days. Estimated Costs ................................................................................................................ $2,024.00 Task 1.4 Testing to Determine Site Significance for Cultural Resources Within or Adjacent to the Pipeline Alignments Presently, only one prehistoric site (CA-SDI- 16205) has been identified within the offsite pipeline alignments that have been already studied. Significance testing, pursuant to the requirements of CEQA will be performed on this site, since the portions of the site that are potentially affected by the project have not been previously tested. It should be noted that additional sites that may be identified as a result of the record search and field survey for the Green Alignment may also require significance testing. In that event, a separate scope and fee estimate will be provided to the City. Estimated Costs ................................................................................................................ $8,625.00 Task 1.5 It is anticipated that the technical report, to include the additional record search and literature review, field survey, test results, and revisions to the original report, can be completed by Gallegos and Associates in 10 person days. Revisions to the Technical Report Estimated Costs ................................................................................................................ $4,528.00 Mr. Scott Donne11 Re: Additional Work Request - Carlsbad Power and Desalination Plants EIR - - TASK 2 BIOLOGICAL RESOURCES A1though”the majority of the Green Alignment is within existing developed roads, portions of the new alignment will require additional analysis related to biological resources, including review of previous reports, and field surveys. Field surveys are’ anticipated to be limited to field checking and data gap analysis. Additional surveys are anticipated to also be required for the pump station associated with the Green Alignment. Although the precise location is not yet known, it is anticipated to be sited within the Guajome Regional Park, in an undeveloped area. Additional biological resource analysis will include field surveys, mapping and impact analysis that will be incorporated into the biological resources technical report and the EIR. Estimated Costs ................................................................................................................ $6,560.00 TASK 3 REPORT REVISIONS The additional alignment will require graphic revisions, and text revisions to reflect the new alignment and provide adequate analysis and discussion of the alignment. Revisions will be made to the project description and each of the technical issue analysis sections to reflect the revised project. Estimated Costs ................................................................................................................ $4,750.00 TOTAL ADDITIONAL COSTS .................................................................................. $34,839.00 All labor charges will be billed on a time and materials basis in accordance with the terms of the original contract. The additional funding for this work would be added to the First Screencheck EIR line item of the existing project budget. Thank you for the opportunity to continue providing environmental consulting services for the Carlsbad Power and Desalination Projects ER. Please advise me of any additional detail you may need related to the proposed services. Very truly yours, DUDEK& ASSOCIATES, INC. W Joe Monaco, Senior Project Manager Environmental Sciences Division 4062-01 9/20/2004 3 RofUMml Te- fm Complcr Rqeru AGREEMENT WITH DUDEK AND ASSOCIATES, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT - (EIR 03-05) 5t THIS AGREEMENT, made this 2) day of ~Q-WQTY 4 ,2003, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Dudek and Associates, Inc., hereinafter referred to as "CONTRACTOR. RECITALS WHEREAS, the CITY has entered into an agreement with Poseidon Resources (Channelside) LLC hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as Power and Desalination Plants - PDP OO-O2/SP 144(H) which is located between Cannon Road and Agua Hedionda Lagoon, west of lntertstate 5 and more precisely shown on the plat marked Attachment I, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to prepare the required Environmental Impact Report; and WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. CONTRACTOR OBLIGATIONS CONTRACTOR shall prepare an Environmental Impact Report on the subject project in accord with the California Environmental Quality Act as implemented by the State Guidelines and by CITY in Title 19 of the Carlsbad Municipal Code and its 1 Rev. 08-08-97 implementing resolutions. In carrying out this obligation the CONTRACTORS duties shall include the following: (a) The CONTRACTOR shall, consistent with the Work Program contained in Attachment 2, (1) make all necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory tests and analyses; (3) appear and be prepared to answer questions and prepare testimony on the final Environmental Impact Report at all public hearings before the Planning Commission and the City Council prior to the certification of the report; (4) make all reports necessary to comply with the requirements of this section. Before preparing the draft report, the CONTRACTOR shall submit fifteen copies of a preliminary report (screen check EIR) to the Planning Director for staff review. The CONTRACTOR shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. (b) CONTRACTOR shall prepare a draft report in compliance with the Work (unless Program contained in Attachment 2 on file at the Planning Department otherwise stated in this agreement), attached hereto and made a part hereof and with applicable state law and CITY ordinances. The CONTRACTOR shall submit to CITY eighty-five copies as specified in the Work Program plus a reproducible master of the draft Environmental Impact Report to the CITY. (c) CONTRACTOR shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONTRACTOR shall so inform the Planning Director who in turn will discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse factors exist. 2 Rev. 08-08-97 /% (d) CONTRACTOR shall prepare and file with the CITY written responses to all comments received subsequent to public notice that the draft Environmental Impact Report has been filed. CONTRACTOR shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Environmental Impact Report. (e) The contractor shall provide an electronic CD copy of the City-approved Final EIR in Microsoft Word 2000. 2. CITY OBLIGATIONS (a) The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY will make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposed project. (c) The CITY will review the Preliminary Report presented by the CONTRACTOR within fourteen working days of their receipt and make written comments to the CONTRACTOR within that time period. (d) The CITY shall provide the CONTRACTOR with copies of all written comments received on the draft Environmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. It is understood that inclement weather conditions may delay the completion of field work. The CONTRACTOR will be allowed as many additional days as are necessary to 3 Rev. 08-08-97 13 compensate for days lost due to inclement weather. The CONTRACTOR shall submit to the CITY fifteen copies of the Preliminary Environmental Impact Report within ten weeks of the effective date of this agreement. The CONTRACTOR shall submit to the CITY eighty-five copies of the draft Environmental Impact Report within ten working days of the completed staff review of the Preliminary Environmental Impact Report as specific in the Work Program. 4. PAYMENT The CONTRACTOR will be paid a maximum of Three Hundred Twenty-three Thousand and Forty-five Dollars ($323,045) for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Attachment 3 on file at the Planning Department. The CONTRACTOR shall be paid within 30 days, in response to monthly invoices, based on the percentage of the tasks completed according to Attachment 3. The final ten (IO) percent of the contract amount will be paid, not to exceed the maximum amount provided in this agreement, within thirty (30) days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City Council. 5. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum of Three Hundred Twenty-three Thousand and Forty-five Dollars ($323.045) which amount is estimated to be sufficient to compensate the CONTRACTOR for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify the Planning Director. Ye will not perform any work or incur any obligation beyond said 4 Id Rev. 08-08-97 sum of Three Hundred Twenty-three Thousand and Forty-five Dollars ($323,045) without appropriate amendment to this agreement. 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.080. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the Planning Director who will inform a principal of the CONTRACTOR'S firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to 5 f4 Rev. 08-08-97 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, the CITY shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. NONDISCRIMINATION CLAUSE The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT The CITY may terminate this agreement at any time by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the services completed to the date of notice of determination. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the 6 Rev. 08-08-97 16 CONTRACTOR or the CITY Planning Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The CITY Planning Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (1 0) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. CLAIMS AND LAWSUITS The CONTRACTOR agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The CONTRACTOR acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR acknowledges that California Government Code Sections 12650 et sea, the False Claims Act, 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 the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrative debarment proceeding wherein the CONTRACTOR may be prevented to il 7 Rev. 08-08-97 act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debarment by another jurisdiction is of Carlsbad to disqualify the CONTRACTOR from the selection TheJprovisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, nd 3.32.08 pertaining to false claims are incorporated herein by reference. (Initial) STATUS OF THE CONTRACTOR 3.32.027 and 3.32.08 pertaining to false claims are incorporated herein by reference. (Initial) * 12y STATUS OF THE CONTRACTOR The CONTRACTOR shall perform the services provided for herein in CONTRACTORS own way as an independent contractor and in pursuit of CONTRACTORS independent calling, and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in the request for proposal. The persons used by the CONTRACTOR to provide services under this agreement shall not be considered employees of the CITY for any purposes what soever. The CONTRACTOR is an independent contractor of the CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensation to which the CONTRACTOR is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONTRACTOR or hidher employees or subcontractors. The CITY shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the CONTRACTOR or hidher employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, retirement contribution, social security, 18 8 Rev. 08-08-97 overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and CONTRACTORS that are included in this agreement. 13. OWNERSHIP OF DOCUMENTS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. 14. REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 15. RELEASE OF INFORMATION BY CONTRACTOR Any reports, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organization by the CONTRACTOR without prior written approval of the CITY. 16. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work 9 Rev. 08-08-97 described herein caused in whole or in part by any willful misconduct or negligent act or omission 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, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CONTRACTORS indemnification of City shall not be limited by any prior or subsequent declaration by the CONTRACTOR. 17. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 18. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any employee or contractual relationship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor of the subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 10 20 Rev. 08-08-97 19. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part hereof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 21. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph IO, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. Ill 11 Rev. 08-08-97 di 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The 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. 24. INSURANCE The CONTRACTOR shall obtain and maintain for the duration of the contract 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 work hereunder by the CONTRACTOR, its agents, representatives, employees or subcontractors. Said insurance shall 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-:V" and shall meet the City's policy for insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. CONTRACTOR shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive 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 shall apply separately to the work under this contract or the general aggregate shall be twice the 12 Rev. 08-08-97 required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CONTRACTORS work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. CONTRACTOR shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation. 2. The CONTRACTOR shall furnish certificates of insurance to the City before commencement of work. 3. The CONTRACTOR shall obtain occurrence coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the CONTRACTOR fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the CONTRACTOR in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The CONTRACTOR is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the 13 Rev. 08-08-97 23 CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR under this agreement. 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the CONTRACTOR in connection with the foregoing are as follows: For City: Title: Associate Planner Name: Scott Donne11 Address: 1635 Faradav Avenue Carlsbad, CA 92008 For Contractor: Title: Senior Proiect Manaaer - Name: Joe Monaco Address: Dudek and Associates, Inc. 605 Third Street, Encinitas CA 92024 ArchitecULicense Number: NIA - Arch itect/License Number: NIA 26. BUSINESS LICENSE CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to of contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharges except by an instrument in 14 Rev. 08-08-97 a4 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by CONTRACTOR this I 3 day of TU n , 20 & 4-k CONTRACTOR: Dudek and Associates, Inc. (print namehitle) CITY OF CARLSBAD, a municipal , BYb&&% Qs.L Du ek & Associates, Inc. June Collins (sign "2 (print n a m e/ti t ieecretary (Proper notarial acknowledgment of execution by CONTRACTOR must be attached). (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RO-. BALL, Citv Attorney 15 Rev. 08-08-97 45 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On JLIJIIC~I/YI I~Jou~ before me, J.Swens! Y)ml/l? ?&dL Notary Public, peisonally appeared 3. +- b//h~, D(J personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@ whose name@ is/@subscribed to the within instrument and acknowledged to me that he/she@ executed the same in hidher@ authorized capacit@ and that by his/her@ignatur@on the instrument the person@ or the entity upon behalf of which the perso@cted, executed the instrument. WITNESS my hand and official seal. AI- (Sigkdure of Notary)