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HomeMy WebLinkAboutRBF Consulting; 2009-04-24; PWENG683PWENG683 AGREEMENT FOR ENGINEERING SERVICES (RBF CONSULTING) THIS AGREEMENT is made and entered into as of the _L1 ______ day of 2009, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RBF Consulting, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in landscape design and landscape irrigation design. B. Contractor has the necessary experience in providing professional services and advice related to landscape design and landscape irrigation design. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof in an amount not to exceed eleven thousand eight hundred nine dollars ($11,809) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #05.06.08 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be eleven thousand eight hundred nine dollars ($11,809) payable on a time and material basis not to exceed the stated amount. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #05.06.08 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #05.06.08 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of 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 City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #05.06.08 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Steve Bobbett Title Associate Engineer For Contractor: Name Jeremy Franzini Title Senior Associate Department Engineering City of Carlsbad Address 1635 Faraday Avenue Carlsbad CA. 92008 Phone No. 760-602-2747 RBF Consulting Address 14725 Alton Parkway Irvine. CA 92618-2027 Phone No. 949-472-3415 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and 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, City Attorney Approved Version #05.06.08 agents, or subcontractors will complete and file with the City Clerk those schedules specified by City 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 City 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 City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #05.06.08 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and ihe compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the Falsa Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #05.06.08 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #05.06.08 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR RBF Consulting, corporation nicipal nia CITY OF corporation (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Bv: _ Deputy City Attorney City Attorney Approved Version #05.06.08 EXHIBIT A CONSULTING March 31,2009 Mr. Steve Bobbett Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlbad, CA 92008 Subject: Professional Services Proposal Palomar Airport Road Right Turn Lane Capital Improvement Project Dear Mr. Bobbett: RBF Consulting (RBF) is pleased to provide the City of Carlsbad (Client) with this proposal for professional design services for the Palomar Airport Road Right Turn Lane Capital Improvement Project. RBF has recently completed landscaping and irrigation design services for the City of Carlsbad as part of the Poinsettia Park Tennis Court Improvements and the La Costa Avenue Wall Beautification. Therefore, we are familiar with the City of Carlsbad design requirements and the San Diego County Environmental Health Department requirements for utilizing recycled water. I was the Project Manager for the Poinsettia Park Tennis Court Improvements and worked very closely with Eva Plajzer and Mark Steyaert at the City. I have served as Project Manager for numerous public works projects throughout Southern California, including streetscapes, parks, and bike trails, all of which included planting and irrigation design. I am a licensed landscape architect with 13 years of experience, seven of which have been at RBF. RBF has a local office in Carlsbad and has a great deal of experience working with the City of Carlsbad. Enclosed are the following Exhibits: Scope of Services, Exhibit "A"; Compensation, Exhibit "B"; Tasks with Hourly Rates, Exhibit "C"; and Project Schedule, Exhibit "D". We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions please call me at (949) 472-3415. Sincerely, Jeremy Franzini, RLA( Senior Associate Landscape Architecture and Planning PLANNING • DESIGN • CONSTRUCTION 14725 Alton Parkway, Irvine, CA 92618-2027 • P.O. Box 57057, Irvine, CA 92619-7057 • 949.472.3505 • Fax 949.472.8373 Offices located throughout California, Arizona & Nevada • vwvw.RBF.com printed on recycled paper RBF CONSULTING EXHIBIT "A" SCOPE OF WORK Professional Design Services for PALOMAR AIRPORT ROAD RIGHT TURN LANE CAPITAL IMPROVEMENT PROJECT Description of Work The work included in this scope is to provide professional design services for the preparation of landscape and irrigation plans associated with the addition of a 14' wide right turn lane from Palomar Airport Road eastbound to Melrose Avenue southbound. The length of the turn lane is approximately 550 feet and the existing landscaping and irrigation will be removed and adjusted to accommodate the new turn lane. It is our understanding that digital files for the base maps will be provided in AutoCAD format by the City of Carlsbad to be used for the preparation of the landscaping and irrigation plans. The irrigation plans will need to be prepared to meet the San Diego County Department of Environmental Health requirements for recycled water irrigation. RBF's approach for the development of the landscape and irrigation modifications on Palomar Airport Road organizes our scope of services into a series of logical steps and milestones. It will allow us to deliver the products desired by the City, develop a high level of consensus throughout the course of the project, and resolve any design issues early in the process. TASK 1.0 - PROJECT INITIATION TASK 1.1 - City Kick-Off Meeting RBF will meet with the City Project Manager to discuss the project, review the existing base maps and as- built information, establish communication procedures, set schedule milestones, solidify the City's expectations, and confirm product/task deliverables. The City Project Manager will provide RBF with any pertinent documents in the City's possession. TASK 1.2 - Field Review of Existing Conditions RBF will conduct a field review to observe the existing site conditions. As-built drawings will be used to locate existing plant material and irrigation equipment. The City has the option to attend the field review with RBF to discuss the pertinent design issues before RBF proceeds with the construction documents. TASK 2.0 - PREPARATION OF CONSTRUCTION DOCUMENTS The construction documents will be submitted to the City for review at 90% and 100% design completion. The plans will be prepared at an appropriate scale in AutoCAD format using the City's title block. The title block for irrigation plans will contain the appropriate information as required by the San Diego County Environmental Health Department. Following each submittal, comments provided by the City and County will be incorporated into the next construction document submittal. The format of the submittals will be: • The 90% and 100% plans will be submitted full-size on D-size (24"x36") paper (five sets). • The final, approved, signed construction plans will be submitted on mylar at full-size (one set) for bidding purposes and electronically on a CD in AutoCAD or PDF format. Palomar Airport Road Right Turn Lane Capital Improvement Project March 31,2009 SCOPE OF WORK Page 1 RBF CONSULTING Task 2.1-Title Sheet RBF will prepare a Title Sheet showing the project name and location, pertinent standards for the Contractor to follow, RBF's company and contact information, sheet index, and any other pertinent information as requested by the City. Task 2.2 • Planting Plans and Details RBF will prepare planting plans indicating the species, quantity, and size of plant material to be used. Plants will be selected based the existing plants that will be removed as part of the proposed turn lane improvements as well as matching the existing planting scheme on Palomar Airport Road. A planting legend and planting details will be included as part of this task. It is anticipated that there will be a total of two (2) planting sheets (1 Planting Plan and 1 Planting Legend and Detail Sheet) Task 2.3 • Irrigation Plans and Details RBF will prepare irrigation plans indicating type of irrigation equipment to be used, such as irrigation pipe, valves, quick-couplers, and spray heads. The irrigation design will match the existing irrigation equipment that will be removed as part of the proposed turn lane improvements. It is assumed that the new irrigation design will connect to the existing irrigation system and therefore utilize the existing water meter, backflow preventer, and controller. An irrigation legend and irrigation details will be included as part of this task. It is anticipated that there will be a total of three (3) irrigation sheets (1 Irrigation Plan and 2 Irrigation Details and Legend Sheet). It is assumed that the City will be responsible to submit the irrigation plans prepared by RBF to the San Diego County Department of Environmental Health. RBF will be responsible to respond to comments from the County and revise the irrigation plans accordingly. RBF will prepare a memorandum that responds to each comment from the County that will accompany each re-submittal, so that changes can be easily tracked and reviewed. TASK 2.4 - Technical Specifications RBF will prepare the Specification Special Provisions portions of the construction specifications suitable for bidding and awarding of the Contract for the improvements designed by RBF. The specifications will be prepared in the "Greenbook" Standard Specifications for Public Works Construction format and cover Parts 2 and 3 of the "Greenbook". It is assumed that the City will provide and prepare Part 1 (General Provisions) of the specifications and be responsible for the overall assembly of the specifications. The specifications can either be submitted electronically in Microsoft Word format or shown on Specification Sheets in the Construction Plans. TASK 2.5 - Opinion of Probable Construction Costs RBF will provide an Opinion of Probable Construction Costs based on the construction documents. Quantities will be prepared for the 90% and 100% submittals. Unit costs will be based on the most current cost information from recent, similar projects compiled by RBF. The final Opinion of Probable Construction Costs can be edited to become the bid schedule as part of the bidding documents, if needed. Palomar Airport Road Right Turn Lane Capital Improvement Project March 31,2009 SCOPE OF WORK Page 2 RBF CONSULTING Scope of Work Exclusions • Design for areas outside the project limit of work • Utility research or identification of locations • Conceptual design plans • Environmental Impact Report or environmental assessments • Street improvement plans • Storm drain plans • Utility improvements • Water improvement plans • Retaining wall design • Presentations to City or community groups • Bidding support • Construction administration support • Preparation of as-built plans • Substantial conformance reviews • Any other services not specifically set forth in the above Scope of Work Client Responsibilities The City will be responsible for providing the following to RBF: 1. Access to site and owner archives. 2. Base map information in AutoCAD format 3. All indemnification, abatement, disposal or other actions required by local, state or federal law regarding hazardous materials. 4. Client will pay all governmental fees and costs. 5. Client will submit irrigation plans prepared by RBF to the San Diego County Department of Environmental Health. Additional Services Services, which are not specifically identified herein as services to be performed by RBF are considered "Additional Services" for purposes of this Agreement. Client may request that RBF perform services, which are Additional Services. However, RBF is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. In the event RBF performs Additional Services before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at RBF's standard rates, within 30 days of receipt of RBF's invoice. Reliance On Information Prepared By Others In performing its services hereunder, RBF has or will receive information prepared or compiled by others, the accuracy and completeness of which RBF is entitled to rely upon without independent evaluation or verification. Palomar Airport Road Right Turn Lane Capital Improvement Project March 31,2009 SCOPE OF WORK Page 3 RBF CONSULTING EXHIBIT "B" COMPENSATION Professional Design Services for PALOMAR AIRPORT ROAD RIGHT TURN LANE CAPITAL IMPROVMENT PROJECT The Client will compensate RBF for such services as follows: RBF will complete the work outlined above in accordance with the fee schedule identified below and will invoice the Client monthly based on a percentage of completion basis plus the direct costs of reimbursable expenses. WORK TASK BUDGET TASK 1.0 - PROJECT INITIATION TASK 1.1 City Kick-Off Meeting $760 TASK 1.2 Field Review of Existing Conditions $888 PHASE 2.0 - PREPARATION OF CONSTRUCTION DOCUMENTS TASK 2.1 Title Sheet $812 TASK 2.2 Planting Plans and Details $2,805 TASK 2.3 Irrigation Plans and Details $3,433 TASK 2.4 Technical Specifications $1,485 TASK 2.5 Opinion of Probable Construction Costs $1,126 Total Professional Services $11,309 Reimbursable Budget $500 TOTAL FEE $11,809 Palomar Airport Road Right Turn Lane Capital Improvement Project March 31,2009 SCOPE OF WORK Page 4 Exhibit "C" Tasks with Hourly Rates Palomar Airport Road Right Turn Lane Capital Improvement Project Task 1.0 1.1 1.2 2.0 2.1 2.2 2.3 2.4 2.5 Description PROJECT INITIATION City Kick-Off Meeting Field Review of Existing Conditions CONSTRUCTION DOCUMENTS Title Sheet Planting Plans and Details Irrigation Plans and Details Technical Specifications Opinion of Probable Construction Costs REIMBURSABLE EXPENSES Total Hours Percent of Total Labor (Hours) TOTAL COST Principal In Charge $185 Landscape Architect $130 Designer $92 Total Hours Total Cost Subtotals 2 3 4 4 5 8 $760 $888 $1,648 Subtotal Task 1.0 1 1 1 5 5% $925 2 6 8 10 3 36 35% $4,680 6 20 24 8 62 60% $5,704 8 27 33 11 11 103 100% $812 $2,805 $3 433 $1 485 $1 126 $9,661 $500 $11,809 Subtotal Task 2.0 Grand Total S5"k.Q. *-»C0)E >2 Q. 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