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HomeMy WebLinkAbout2005-09-06; Public Financing Authority; 8; Municipal Golf Course Project Construction4B# 8 - TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING, CONSTRUCTION MANAGEMENT, AND MTG. 9/6/2005 INSPECTION WITH DUDEK & ASSOCIATES, INC. FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT, DEPT. ENG PROJECT NOS. 39721-1,39721-2 AND 39721-3 RECOMMENDED ACTION: DEPT. HD\? CITY ATTY. 6s CITY MGR- It is recommended the Board of Directors of the Carlsbad Public Financing Authority ADOPT RESOLUTION NO. 11 approving a professional services agreement with Dudek & Associates, Inc. for engineering, construction management and inspection services of the Carlsbad Municipal Golf Course project, Project Nos. 39721-1 , 39721-2 and 39721-3. ITEM EXPLANATION: On May 3, 2005 the Carlsbad City Council serving as the Board of Directors for the Carlsbad Public Financing Authority (CPFA) authorized the advertisement of bids for construction of the Carlsbad Municipal Golf Course project. The CPFA received bids totaling $35,110,276.48 for all three contracts and on July 26, 2005 awarded the contracts for projects 39721-1, 39721-2 and 39721-3. The latest estimated cost of $2,259,000 for construction management and inspection services is 6.4% of the total estimated cost of construction, which is within the range of 6% to 10% for municipal projects as reflected in the California Multi-Agency CIP Benchmarking Study, August 2002. The construction contract award Agenda Bill includes a budget of $5,855,000 for other construction phase costs, which includes construction management, inspections, material testing, environmental monitoring, design support services, City supplied and installed fixtures, furnishings, and equipment (“FF&E”), and utility undergrounding. To assist staff with the engineering, construction management and inspection services required to manage the project, staff recommends that a professional services agreement be approved with Dudek & Associates, Inc. to provide these services in the amount of $1,500,000. ENVIRONMENTAL REVIEW: On June 7, 2000, the Planning Commission adopted Resolution No. 4772 certifying the Environmental Impact Report for the Carlsbad Municipal Golf Course Project finding the project in compliance with the environmental regulations and policies of the City of Carlsbad. FISCAL IMPACT: On July 26, 2005 staff provided the Carlsbad Public Financing Authority (CPFA) Board with an estimate of the total prospective golf course costs of $42.7 million. That estimate included $5.855 million in various construction phase costs (see table below). The contract for Dudek and Associates totaling $1.5 million will be funded from the $2.29 million shown under the “Construction Support Services” heading. To date, the CPFA has obligated funds totaling $35.1 million for grading, construction and buildings, plus a contingency fund of $1.76 million. Following the award of the contract with Dudek and Associates in the amount of $1.5 million, the golf course budget will have a remaining balance of $4.4 million. I 8 Page 2 of Agenda Bill No. Total Golf Course Budget Contracts Awarded July 26, 2005 Mass Grading, Construction, Buildings, Contingency $ 35,110,276 Contract Contingency 1,755,513 Other Construction Phase Costs 5,855,000 Total Golf Course Costs (Per Agenda Bill #7, July 26,2005) $ 42,720,789 Other Construction Phase Costs: Future SDGE undergrounding of overhead and street improvements 1 ,I 50,000 Design Team Construction Phase services 250,000 Environmental Monitoring 350,000 Misc. Fees & Permits 25,000 Unanticipated Misc. Soils, rock & materials testing 150,000 Construction Support Services 2,290,000 FFE&E - All Buildings $ 1,640,000 3rd Party construction mgmt City inspection Special code inspections Related services TOTAL $ 5,855,000 Total Contracts Awarded / Funds Obligated to Date Contracts Awarded July 26, 2005 Contract Contingency (related to construction contracts) Dudek - Construction Management and Inspection Mass Grading, Construction, Buildings, Contingency $ 35,110,276 1,755,51 3 1,500,000 Total Awarded Contracts $ 38,365,789 Total Project Budget (Per Agenda Bill #7, July 26,2005) 42,720 , 789 Available Project Funds $ 4,355,000 EXH I BITS : 1. RESOLUTION NO. 11 approving the professional services agreement with Dudek & Associates, Inc. for engineering, construction management, and inspection services of the Carlsbad Municipal Golf Course Project, Project Nos. 39721-1, 39721-2 and 39721-3. 2. Agreement for Engineering, Construction Management, and Inspection Services of the Carlsbad Municipal Golf Course, Project Nos. 39721-1, 39721-2 and 39721-3. DEPARTMENT CONTACT: SKIP HAMMANN, (760)602-2780 X7320, shamm@ci.carlsbad.ca.us 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 RESOLUTION NO. 11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD PUBLIC FINANCING AUTHORITY APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH DUDEK & ASSOCIATES, INC. FOR ENGINEERING, CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES OF THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT, PROJECT NOS. 39721-1.39721-2 AND 39721-3. WHEREAS, in December, 2003, the Board of Directors of the Carlsbad Public Financing Authority (“CPFA) did approve proceeding with the development of the Carlsbad Municipal Golf Course Project (rrProject”); and WHEREAS, CPFA has secured all final project permits and entitlements necessary for the Project; and WHEREAS, final construction documents for the Project have been approved by the Board; and WHEREAS, the CPFA has reviewed the need for engineering, construction management and inspection consultant services for the Golf Course construction; and WHEREAS, the Department of Public Works solicited, received and reviewed Statements of Qualifications for professional services for engineering, construction management and inspection; and WHEREAS, subsequent to a review of the Statements of Qualifications, staff recommends Dudek & Associates, Inc. as the most qualified consultant; and WHEREAS, funding for these professional services is provided by the Carlsbad Municipal Golf Course Project budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Public Financing Authority of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. ‘I ‘I ‘I ‘I ‘I ‘I 3 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 2. That the agreement with Dudek & Associates, Inc., for engineering, construction management, and inspection services of the Carlsbad Municipal Golf Course Project, Project Nos. 39721-1, 39721-2, and 39721-3, copy of which is attached as Exhibit 2 to Agenda Bill No. 8 is hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Board of Directors of the Carlsbad Public Financing Authority held on the 6th day of SEP~ER , 2005 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Packard 9TTEST w*/ LORRAINE M. W6OD, Secretary (SEAL) AGREEMENT FOR ENGINEERING, CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES ON THE CARLSBAD MUNICIPAL GOLF COURSE, (DUDEK & ASSOCIATES, INC.) PROJECT NOS. 39721 -1 , 39721 -2 AND 39721 -3 HIS AGREEMENT is made and entered into as of the /* day of ,- 2065: by and between the CARLSBAD PUBLIC FINANCING AUTHORITY, a joint powers authority, ("CPFA"), and DUDEK & ASSOCIATES, INC., a California Corporation, ("Contractor"). dikd RECITALS A. The CPFA requires the professional services of a firm that is experienced B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to CPFA and has affirmed its in engineering, construction management, and inspection. services and advice related to engineering, construction management, and inspection. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the CPFA and Contractor agree as follows: 1. SCOPE OF WORK The CPFA retains Contractor to perform, and Contractor agrees to provide engineering as the civil engineer of record, construction management, and inspection services on a time and material basis in accordance with the fee schedule shown in Exhibit "A, which is incorporated by this reference in accordance with this Agreement's term and cond it ions . 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one year periods or parts thereof in an amount not to exceed five hundred thousand dollars ($500,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, the CPFA 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. 1 City Attorney Approved Version #04.01.02 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one million five hundred thousand dollars ($1,500,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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 the CPFA. Contractor will be under control of the CPFA only as to the result to be accomplished, but will consult with the CPFA as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of the CPFA for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. The CPFA will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The CPFA will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify the CPFA within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the CPFA may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the the CPFA's election, the CPFA may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of the CPFA. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the CPFA for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and the CPFA. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by the CPFA. 2 City Attorney Approved Version W4.01.02 8. OTHER CONTRACTORS The CPFA reserves the right to employ other Contractors in connection with the Services. 9. Contractor agrees to indemnify and hold harmless the CPFA and its officers, officials, IN DE M N I FI CAT10 N 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 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. The parties expressly agree that any payment, attorney's fee, costs or expense the CPFA incurs or makes to or on behalf of an injured employee under the CPFAs 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. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverases and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the 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. The CPFA, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 3 City Attorney Approved Version #04.01.02 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for the CPFA). $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 and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to the CPFA's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CPFA will be named as an additional insured on 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 CPFA sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to CPFA's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to the CPFA. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then the CPFA will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by the CPFA to obtain or maintain insurance and the CPFA may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. The CPFA reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE 4 City Attorney Approved Version #04.01.02 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 the CPFA during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of the CPFA. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to the CPFA. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in the CPFA and Contractor relinquishes all claims to the copyrights in favor of the CPFA. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the CPFA and on behalf of Contractor under this Agreement. For CPFA: For Contractor: Name Skip Hammann Name Georqe Litzinqer Title DeDutv Citv Enqineer Title Proiect Manager Department Public Works Address 605 Third Street City of Carlsbad Encinitas, CA 92024 Address 5950 El Camino Real Phone No. (760) 942-5147 Carlsbad. CA 92008 Phone No. (760) 602-2780, ~7321 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. 5 City Attorney Approved Version #04.01.02 16. CONFLICT OF INTEREST The CPFA will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and the City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by the CPFA and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor‘s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the the CPFA an affidavit disclosing this interest. 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 that the services 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 the CPFA will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the CPFA 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 6 City Attorney Approved Version #04.01.02 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, the CPFA may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the CPFA decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the CPFA may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by the CPFA and all work in progress to the CPFA address contained in this Agreement. The CPFA will make a determination of fact based upon the work product delivered to The CPFA and of the percentage of work that Contractor has performed which is usable and of worth to the CPFA in having the Agreement completed. Based upon that finding the CPFA will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of the CPFA, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the CPFA. 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. The CPFA will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the CPFA 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 -- the CPFA must be asserted as part ofthe 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 the CPFA, 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 the CPFA seeks to recover penalties pursuant to the False Claims Act, it City Attorney Approved Version ##04.01.02 7 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 the CPFA to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of .. enforcing a right or rights provided f6r 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 the CPFA 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 the CPFA, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. a City Attorney Approved Version #04.01.02 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. CARLSBAD PUBLIC FINANCING AUTHORITY. a ioint Dowers ai hoitO President of the Board ATTEST: WW@ dLdt;L urn (e-mail address) If required by the CPFA, proper notari contractor must be attached. If a Corporati corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: AGREEMENT FOR ENGINEERING, CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES ON THE (DUDEK 81 ASSOCIATES, INC.) CARLSBAD MUNICIPAL GOLF COURSE, PROJECT NOS. 39721-1, 39721-2 AND 39721-3 9 City Attorney Approved Version W4.01.02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California before me, Dale game Bn&? dJ\cg g , personally appeared Name@) of Signer@) @personally known to me 0 proved to me on the basis of satisfactory evidence to be the person@ whose name@ subscribed to the within instru-ment acknowledged to me that executed the sag in tudbid$ authg capacity e , and that -kisfker hei signature the entity upon behalf of which the perso@ acted, executed the instrument. on the instrument the perso 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 reaitachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: D &+e 75 k9lm-G Signer@) Other Than Named Above: f &. J Cw 4. n5@=flbn Number of Pages: - Capacity(ies) Claimed by Signer Signer's Name: J+A+W- Pdec DAV~ W* a e- I? Individual WCorporate Officer - Title@): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: DdeF 8 f~?i~odaSes,J~lc? 0 1999 National Notary Association * 9350 De Soto Awe., P.O. Box 2402 * Chatswocth. CA91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-8766827 “EXHIBIT A” DUDEK & ASSOCIATES. INC . 2005 STANDARD SCHEDULE OF CHARGES Engineering Services Project Director ................................... $1 75.00/hr Program Manager ............................... $165.00/hr Principal Engineer II ............................ $155.00/hr Principal Engineer I ............................. $145.00/hr Senior Project Manager ...................... $135.00/hr Project Manager .................................. $125.00/hr Resident Engineer ............................... $120.00/hr Senior Engineer II ............................... $1 15.00/hr Senior Engineer I ............................... $105.00/hr Project Engineer II ................................. $95.00/hr Project Engineer I .................................. $90.00/hr Field Engineer II .................................... $95.00/hr Field Engineer I .................................... 38 0.00/hr Engineering Assistant .......................... $6 5.00/hr Environmental Services Principal .............................................. $1 75.001hr Senior Project Manager/Specialist ..... $1 50.001hr Environmental SpecialistlPlanner VI ... $140.00/hr Environmental SpecialistlPlanner V ... 313 0.00/hr Environmental SpecialistlPlanner IV .. 312 0.00/hr Environmental SpecialistlPlanner Ill ... $11 O.OO/hr Environmental SpecialistlPlanner II .... $100.00/hr Environmental SpecialistlPlanner I ....... $90.00/hr Analyst ................................................... $75.00/hr Urban and Community Forestry Principal/Senior Consulting Arborist ... $175.00/hr Senior Project Manager .................... $150.00/hr Urban Forestry Specialist V ................ $130.00/hr Urban Forestry Specialist IV ............... $120.00/hr Urban Forestry Specialist Ill ................ $1 10.00/hr Urban Forestry Specialist II ................. $100.00/hr Urban Forestry Specialist I ................... $9 0.001hr Research Analyst .................................. $65.00/hr Construction Management Services PrincipaVManager .............................. 317 5.00/hr Senior Construction Manager ............ $1 50.00Ihr Construction Manager ......................... $1 35.00/hr Senior Project Manager ...................... $135.00/hr Project Manager .................................. $125.00/hr Resident Engineer ............................ 312 O.OO/hr Construction Engineer ......................... $1 05.00/hr On-site Owner’s Representative .......... .$9 5.00/hr Construction Inspector 111 ...................... $95.00/hr Construction Inspector I1 ....................... $90.00/hr Construction Inspector I ....................... $8 5.00/hr Contract Administrator ...................... .$6 5.00/hr Hydrogeological Services Principal ................................................. $175.00/hr Sr . HydrogeologisffSr . Project Manager $1 50.00Ihr Associate HydrogeologistlEngineer ....... $1 15.00/hr Hydrogeologist IV/Engineer IV ............... $1 05.00/hr Hydrogeologist IlllEngineer 111 ................. $95.00/hr Hydrogeologist WEngineer It ................... $85.00/hr Hydrogeologist VEngineer I ..................... $75.00/hr Technician ................................................ $65.00/hr District Management & Operations District General Manager ....................... $1 55.00/hr District Engineer ..................................... $120.00/hr District Manager .................................... $1 30.00/hr District Manager Assistant ....................... $75.00/hr District Secretary/Account ...................... $80.00/hr Collections System Manager ............... ..$8 O.OO/hr Grade V Operator .................................... $95.00/hr Grade IV Operator ................................... $80.00/hr Grade Ill Operator .................................... $70.00/hr Grade II Operator ..................................... $60.00/hr Grade I Operator ...................................... $57.00/hr Collection Maintenance Worker ll ............ $45.00/hr Collection Maintenance Worker I ............. $34.00/hr Operator in Training ................................. $47.00/hr Office Services Technical/Dra fting/CADD Services 3D Graphic Artist .................................... $125.00/hr Senior Designer ....................................... $95.00/hr Designer ................................................... $85.00/hr GIS Specialist IV .................................... $100.00/hr GIS Specialist Ill ...................................... $95.00/hr GIS Specialist II ....................................... $85.00/hr GIS Specialist I ........................................ $80.00/hr CADD Operator II ..................................... $80.00/hr CADD Operator I ...................................... $70.00/hr Support Services Computer Processing .............................. $65.00/hr Clerical Administration ............................. $60.00/hr Forensic Engineering . Court appearances. deposifions. and interrogatories as expert witness will be billed at 1.75 times normal rates . Emergency and Holidays - Minimum charge of two hours will be billed at 1.5 times the normal rate . Material and Outside Servkes - 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 40.5 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 thirly (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. 2005