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HomeMy WebLinkAbout2011-07-26; City Council; 20647; MASTER AGREEMENT TRAFFIC SIGNAL OPERATION SERVICESCITY OF CARLSBAD - AGENDA BILL 10 20.647AB# MTG. 07/26/11 DEPT. TRAN APPROVAL OF MASTER AGREEMENT FOR PROFESSIONAL TRAFFIC SIGNAL OPERATIONS SERVICES RELATED TO THE TRAFFIC SIGNAL PROGRAM, PROJECT NO. 6320 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2011-191 approving a master agreement for professional traffic signal operations services related to the Traffic Signal Program, Project No. 6320, with Stack Traffic Consulting. ITEM EXPLANATION: On March 31, 2011, the City of Carlsbad issued a request for statements of qualifications (SOQ) from firms specializing in traffic signal operations services. On April 29, 2011, staff received a total of five (5) proposals. Staff utilized the standard purchasing process, consistent with Carlsbad Municipal Code Section 3.28.070, to identify the recommended consultants. After reviewing a listing of firms that have expressed interest in working for the City and discussing consulting firms known to staff, SOQs were solicited from 30 consultants. The five (5) SOQs received were evaluated based on competitive fees, and firm experience with the Regional Arterial Management System, wireless technology, QuicNet software using 170 controllers, and traffic signal plans. The evaluation team consisted of city staff and the team rated Stack Traffic Consulting the top rated firm. Staff recommends that the city execute a master agreement for professional traffic signal operations services with Stack Traffic Consulting, for the Traffic Signal Program, Project No. 6320. As project-specific work tasks are identified, individual Project Task Descriptions and Fee Allotments are negotiated with the master agreement consultant. Each Task Description and Fee Allotment will include an exhibit that defines a detailed scope of services, which corresponds to the discipline identified in the master agreement, and an associated fee. The city is not obligated to expend funds until a project specific work task is identified. Task Descriptions for each agreement shall not exceed $100,000 per agreement year or $300,000 for the life of the agreement. DEPARTMENT CONTACT: Doug Bilse (760) 602-7504, doug.bilse@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X Dn nn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D nn n Page 2 ENVIRONMENTAL IMPACT: Pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) approval of the Master Agreement is an activity covered by the General Rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Future projects that may be facilitated by consultant services will be subject to review pursuant to CEQA. FISCAL IMPACT: Based on ranking of the SOQs by the selection committees, consistent with Carlsbad Municipal Code Section 3.28.070, staff is recommending that the City execute a master agreement with Stack Traffic Consulting, Incorporated. The contract will limit the amount of annual expenditures to Stack Traffic Consulting to $100,000. The table below shows the current status of the project. TRAFFIC SIGNAL PROGRAM, PROJECT NO. 6320 TASK DESCRIPTION Construction TOTAL APPROPRIATION $3,154,974 $3,154,974 EXPENDITURES/ ENCUMBRANCES $92,265 $92,265 REMAINING BALANCES $3,062,709 $3,062,709 A total of $3,154,974 has been appropriated for the traffic signal program (Project No. 6320). To date $92,265 has been spent with most of those funds used to implement the Traffic Management Center Pilot Project. That leaves a remaining balance of $3,062,709 available. The three year on call professional services contract identified in this agenda bill may reduce the traffic signal program balance by up to $100,000 per year, not to exceed $300,000 for the life of the contract. The Traffic Signal Program (CIP No. 6320) has sufficient General Capital Construction (GCC) and Infrastructure Replacement Funds (IRF) available to fund the proposed on-call professional services. Prevailing wages are not required for this contract. There are sufficient General Capital Construction (GCC) and Infrastructure Replacement Fund (IRF) monies currently appropriated to the Traffic Signal Program, Project 6320, to fund the proposed master agreement. EXHIBITS: 1. Resolution No. 2011-191 approving a master agreement for professional traffic signal operations services related to the traffic Signal Program, Project No. 6320, with Stack Traffic Consulting. 2. Master agreement for professional traffic signal operations services with Stack Traffic Consulting for the Traffic Signal Program, Project No. 6320. 1 RESOLUTION NO. 2011-191 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A MASTER AGREEMENT FOR PROFESSIONAL TRAFFIC SIGNAL OPERATIONS SERVICES 4 RELATED TO THE TRAFFIC SIGNAL PROGRAM, WITH STACK TRAFFIC CONSULTING. PROJECT NO. 6320. 5 WHEREAS, the City Council of the City of Carlsbad, California, desires to proceed with 6 Traffic Signal Program, Project No. 6320; and 7 WHEREAS, the city staff issued a request for statements of qualifications to provide 8 professional traffic signal operations services for the project; and 9 WHEREAS, the city staff received and reviewed statements of qualifications from five (5) 10 firms; and 11 WHEREAS, the city staff rated Stack Traffic Consulting the most qualified firm to provide 12 professional traffic signal operations services; and 13 WHEREAS, staff recommends Council enter into a master agreement with Stack Traffic 14 Consulting for professional traffic signal operations services; and 15 WHEREAS, there are sufficient General Capital Construction and Infrastructure 16 Replacement Fund monies available for this agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,18 California, as follows:19 1. That the above recitations are true and correct.20 2. That the master agreement for professional engineering services with Stack Traffic Consulting, for the Traffic Signal Program, Project No. 6320 are hereby approved.22 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute 23 the master agreement for professional traffic signal operations services with Stack Traffic 24 Consulting for and on behalf of the City of Carlsbad. 25 26 27 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the 26th day of July, 2011, by the following vote to wit: 3 .. AYES: Council Members Hall, Blackburn, Douglas and Packard. 4 5 NOES: None. 6 1 ABSENT: Council Member Kulchin. s" 9 10 1 MATT HALL, Mayor 12 ATTEST: 13 14 15 vLt)RR^INE M. WOOD, City Clerk 16 (SEAL) 17 18 19 20 22 23 24 25 26 27 28 TRAN835 MASTER AGREEMENT FOR TRAFFIC SIGNAL OPERATIONS SUPPORT (STACK TRAFFIC CONSULTING) THIS AGREEMENT is made and entered into as of the c2 7^~ day of 2011, by and between the CITY OF CARLSBAD, a municipal corporatin, hereinafter referred to as "City", and Stack Traffic Consulting, a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of a traffic signal operations specialist that is experienced in traffic signal operations and design. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to traffic signal operations and design. D. Selection of Contractor is expected to achieve the desired results in an expedited fashion. E. 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. 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. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for City Attorney Approved Version 5/9/11 a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred thousand dollars ($100,000) per Agreement year. The total amount of the Agreement shall not exceed three hundred thousand dollars ($300,000) for the complete Agreement term. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of 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 em ploy other Contractors in connection with the Services. City Attorney Approved Version 5/9/11 6 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 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 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. 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. If box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. City Attorney Approved Version 5/9/11 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to conta in, 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 unde r this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claim s to the copyrights in favor of City. City Attorney Approved Version 5/9/11 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Doug Bilse Name Jason Stack Title Senior Civil Engineer Title President Dept Transportation CITY OF CARLSBAD Address 1635 Faraday Avenue Address 141 Sanford Street Carlsbad, CA 92008 Encinitas, CA 92024 Phone No. 760-602-7504 Phone No. 714-315-4640 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the City Attorney Approved Version 5/9/11 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 at the 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 the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. City Attorney Approved Version 5/9/11 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. 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 term s and conditions of this Agreement. Executed by Contractor this_ CONTRACTOR Stack Traffic Consulting, a California corporation day of ,2011. CITY OF CARLSBAD, a municipal corporation of the State of California By: Tsign here) Jason Stack, President (print name/title)ATTEST: (sighnere) Jason Stack, Secretary (print name/title) City Clerk * .^''/,- * ^° Proper notarial acknowledgment of execution by Contractor must be attachea'W a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Vice-President 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney Assistant City Attorney City Attorney Approved Version 5/9/11 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of . before me,— . (Here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(<£) whose name(<£^is/&e subscribed to the within instrument and acknowledged to me that he/sJie/thef executed the same in his/hifAherr authorized capacity(z£^r, and that by his/fter/tBeir signature^ on the instrument the person(<£). or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ^M*********'***************! .52^ J. M. SODER § Ol& COMM.# 1880258 ^ wriTx Signatur hSSm » 4 of Notary y nand and > ., p'uBtrc N. \ mcial seal. -z\ ^ I^"^^/" \ t-."^ ?x ^ **yj / \ MTjSSKVV NUIAKT rUOl-H- - l/«uiri/ <S|K7/ SAN DIEGO COUNTY ^aat^My Comm. Expires Feb. 22, (Notary Seal) 20141 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date_ (Additional information). CAPACITY CLMJiASfyBY THE SIGNER b Individual (s) D Corporate Officer D D D n (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside ofCgUfernia. In such instances, any alternative acknowledgment verbiage asjuaf^e^flrimed on such a document so long as the verbiage does not reguirfThe notary to do something that is illegal for a notary in California (i^tertifying the authorized capacity of the signer). Please check the docujpertfcarefulfyfor proper notarial wording and attach this form if required. State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). Print the name(s) of document signer(s) who personally appear at the time of notarization. Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /we ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. The notaiy seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on file with the office of the county clerk. •'•• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. * Indicate title or type of attached document, number of pages and date •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). Securely attach this document to the signed document 2008 Version CAPA v!2.10.07 800-873-9865 www.NotaryClasses.com z Exhibit "A"•TACK ^JI CONSULTING, 12.0 Fee Schedule Table 4 below provides hourly rates for each member of the Stack Traffic Consulting Team. Table 4 Fee Schedule Project Staff Name Jason Stack Marc Mizuta Paul Pace Michael Plotnik Project Designation Project Manager Senior Transportation Engineer Senior Traffic Operations Specialist Network and Systems Engineer Hourly Rate $125 $100 $100 $100 The Fee Schedule is effective for the duration of the project. STC is a local business and there are no direct costs for mileage either to the site or from site to site. Our hourly rate includes provision for cost of expendable supplies and reproduction. There is also no mark-up on subs and Plotnik and Associates and True Count rate sheets follow. City of Carlsbaci RFQ Tiaffic Signal Program Support 3 Plotnik & Associates .RATE SCHEDULE June 30, 2010 through December 31,2012 Hourly Charges for Personnel: ! Principal/Project Manager $160.00/1140.00 Project Engineer : SI 20.00 CAD Engineer/Designer 5100.00 Engineering Technician/Draftsperson $80.00 Construction Inspection $70.00 Administrative/Clerical/Research $60.00 Survey Crew - Two Man $200.00 Survey Crew - Three Man $220.00 Office Survey $120.00 Expert Witness Consultation (Deposition) $240,00 Expert Witness Consultation (Court Appearance) S320.00 18710 S. Wilmington Avc., Stt-. 203 • Rancho Dominguez, CA 90220 • 310-605-6657 • 310-605-6658 Fax ,^^^wITRUE COUNT FAST. ACCURATE. RELIABLE. 4401 Twain Ave #27 T. 619.248.8427 San Diego, CA 92120 883.801.95/0 truecount@gmail.com Standard Rates Average daily traffic (ADT) counts (24hr) $75 AM/PM Intersection movement counts (video recorded for 100% backup) $150 Pedestrian and Bicycles with directional reports $50 Daily vehicle classification counts (24hr) $95 Vehicle speed counts (machine) , $115 Radar speed survey (hourly rate) $50 Other field data collection {hourly) $35 Many other services offered upon request, please call for a quote (619) 248-8427. SAN DiEGO * LOS ANGELES • SAN BERNARDINO • RIVERSIDE CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, JASON STACK, am the owner of STACK TRAFFIC CONSULTING, INC. I hereby certify that STACK TRAFFIC CONSULTING, INC. has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should STACK TRAFFIC CONSULTING, INC. employ any person during the term of the Agreement with the City of Carlsbad for TRAFFIC SIGNALS OPERATIONS SUPPORT, then workers' compensation and employers' liability insurance will be obtained. JASON STACK Name ~ s x __ Signature STACK TRAFFIC CONSULTING. INC. Owner of (o