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HomeMy WebLinkAbout2014-05-06; City Council; 21583; Service Agreement for Traffic Signal Program & Rail Operations Support Stack Traffic Consulting IncCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21.583 5/6/14 PW-TRAN APPROVE SERVICE AGREEMENT FOR TRAFFIC SIGNAL PROGRAM & RAIL OPERATIONS SUPPORT WITH STACK TRAFFIC CONSULTING INC. DEPT. DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2014-079 approving a service agreement with Stack Traffic Consulting, Inc. for Traffic Signal Program and Rail Operations Support ITEM EXPLANATION: Over the past few years the City of Carlsbad has made a significant investment to develop an exceptional traffic signal program including a new state-of-the-art Traffic Management Center (TMC). Maintaining the TMC and the complex communications system that links it to the traffic signals throughout the city is the primary responsibility ofthe city's Traffic Systems Operations Specialist (TSOS). Services are needed to support the TSOS, deliver special projects, and provide expertise in subject matters that are beyond the capabilities ofthe current staff (e.g., rail operations equipment and system support). Maintenance contractors are needed to maximize efficiency, address unique challenges, and assist in the maintenance of the complex traffic signal system. On January 24, 2014, the City of Carlsbad issued a request for statements of qualifications (SOQ) from firms specializing in traffic signal operations services. Request of SOQs were sent to over fifty (50) consultants that requested to be on the bidders list. On February 24, 2014, staff received a total of three (3) SOQs. Staff ufilized the best value purchasing process, consistent with Carlsbad Municipal Code Section 3.28.060. The three (3) SOQs received were evaluated based on competitive fees and firm experience with the rail operations support, wireless technology, and QuicNet software using 170 traffic signal controllers. The evaluation team reached a consensus that Stack Traffic Consulting Inc. was the top rated firm. Staff recommends that the city execute a service agreement with Stack Traffic Consulting, Inc. for Traffic Signal Program and Rail Operations Support in an amount not-to-exceed $200,000 annually. Since work performed under this agreement would be to augment the traffic based operations program in lieu of hiring additional staff, work performed under this agreement would be paid on need and actual quantities of work performed and billed at the rates specified in the agreement. The city is not obligated to expend funds until specific work is authorized and satisfactorily performed. FISCAL IMPACT: Staff recommends that the City execute a service agreement with Stack Traffic Consulting, Inc. in an amount not-to-exceed $200,000 annually. This is based on ranking of the SOQs by the selection committees and is consistent with Carlsbad Municipal Code Section 3.28.060. DEPARTMENT CONTACT: Doug Bilse 760-602-7504 doug.bilse(5)carlsbadca.gov FOR CLERK USE. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED a CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Funding for this agreement will primarily be from the General Fund Traffic Signal Maintenance & Operations budget. This contract will enable staff to contract out specific services on the existing traffic signal system that cannot be accomplished by staff because of complexity or workload. Other funding sources such as the Infrastructure Replacement Fund (IRF) and General Capital Construction Fund (GCC) may also be used when appropriate within the Capital Improvement Program (CIP). Regardless of the source, expenditures will not exceed $200,000 per agreement year. ENVIRONMENTAL IMPACT: Pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) approval of the Service 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. EXHIBITS: 1. Resolution No. 2014-079 approving a service agreement with Stack Traffic Consulfing, Inc. for Traffic Signal Program and Rail Operations Support. 2. Service agreement with Stack Traffic Consulting, Inc. for Traffic Signal Program and Rail Operations Support. 1 RESOLUTION NO. 2014-079 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SERVICE AGREEMENT FOR TRAFFIC SIGNAL PROGRAM AND RAIL OPERATIONS SUPPORT WITH STACK 4 TRAFFIC CONSULTING. INC. 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. WHEREAS, the City Council of the City of Carlsbad, California, has a need for Traffic Signal Program and Rail Operations Support; and, WHEREAS, the city staff issued a request for statements of qualifications to provide traffic signal program and rail operations support; and WHEREAS, the city staff received and reviewed statements of qualifications from three (3) firms; and WHEREAS, the city staff rated Stack Traffic Consulting, Inc. the most qualified firm to provide traffic signal program and rail operations support; and WHEREAS, staff recommends Council enter into an agreement with Stack Traffic Consulting, Inc. for services related to the maintenance ofthe traffic signal and rail operations support in an amount not to exceed $200,000 per agreement year; and WHEREAS, there are sufficient General Fund monies available forthis agreement. That the service agreement with Stack Traffic Consulting, Inc. for Traffic Signal 19 20 21 22 22 Program and Rail Operations Support is hereby approved. 24 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to 25 execute the service agreement for Traffic Signal Program and Rail Operations Support with 26 Stack Traffic Consulting, Inc. in an amount not to exceed $200,000 per agreement year for and 27 on behalf of the City of Carlsbad. 28 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 6*'' day of May, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher and Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: B^^/^fUK ENGLESON, Cit :ierk TRAN 1082 AGREEMENT FOR TRAFFIC SIGNAL PROGRAM AND RAIL OPERATIONS SUPPORT SERVICES (STACK TRAFFIC CONSULTING, INC.) THIS AGREEMENT is made and entered into as of the day of f^CiU , 2014, by and between the CITY OF CARLSBAD, a municipal corporation,*-("City"), and STACK TRAFFIC CONSULTING, INC., a California Corporation, ("Contractor"). DEFINITIONS Intelligent Transportation System (ITS) Maintenance and/or Support: local and wide area network installation, maintenance and/or support Signal System Integration and Testing: integrate and test ITS systems; monitor activities; system troubleshooting and testing; maintain the communications architecture Traffic Signal Maintenance Review: evaluate existing traffic signal resources; provide gap assessment for greater traffic operational efficiency; ensure full compatibility of contractor- supplied equipment; perform independent signal maintenance program/practice evaluations and audits Traffic Signal Timing Plans for 170e Controllers and QuicNet Pro Support: review existing timing plans, conduct traffic simulations using SYNCHRO software; program controller and detection equipment to collect real-time traffic data and identify traffic patterns using QuicNet Pro; coordinate with adjoining agencies to develop seamless timing plans across jurisdictional lines using the RAMS; perform general data collection and traffic analysis; update and program new computer chips for 170e controllers Railroad Grade Crossing and Warning Systems: review plans and planning documents related to rail warning systems and traffic signal preemption systems; provide support and inspection of traffic signal preemption for railroad activities Staff Support for Traffic Signal Maintenance: provide IMSA Level II certified signal technician; monitor traffic signal maintenance program by establishing and recording metrics related to standard service levels; inspect traffic signal maintenance work RECITALS A. City requires the services of a traffic signal operations specialist that is experienced in traffic signal maintenance and operations. B. Contractor has the necessary experience in providing services and advice related to traffic signal program and rail operations. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. D. Contractor agrees that the services are required on a non-exclusive, as-needed basis. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: City Attorney Approved Version 1/30/13 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 Sen/ices, Contractor will exercise the reasonable 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 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 four (4) additional one (1) year periods or parts thereof in an amount not to exceed two hundred thousand dollars ($200,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION All services performed under this Agreement will be paid at the hourly rates specified in the Fee Schedule attached hereto as Exhibit "B". The total fee payable for the Services to be performed during the initial Agreement term will not exceed two hundred thousand dollars ($200,000). 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. City Attorney Approved Version 1/30/13 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee. costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may 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-:Vir'. 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 Risk Manager 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 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. City Attorney Approved Version 1/30/13 10.1.2 Automobile Liabilitv. (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 Emplover's Liabilitv. 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 Liabilitv. 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. I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 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. 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 City Attorney Approved Version 1/30/13 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 Citv For Contractor Name Doug Bilse Name Jason Stack Title Senior Civil Engineer Title President Public Department Works/Transportation Address 2796 Loker Av W, Suite 102 City of Carlsbad Carlsbad CA 92010 Address 1635 Faraday Av Phone No. 760-602-4290 Carlsbad CA 92008 Email iason.stack@stacktraffic.com Phone No. 760-602-7504 Fax 619-342-8043 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. City Attorney Approved Version 1/30/13 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 fonwarded 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 fonwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services. City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement. City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product 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 othenwise 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 seg.. City Attorney Approved Version 1/30/13 the False Claims Act applies to this Agreement and. provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego. State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// City Attorney Approved Version 1/30/13 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 STACK TRAFFIC CONSULTING, INC., a California Corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) Jason Stack / President Mayor (print name/title) ATTEST: (sign here) Jason Stack / Secretary City Clerk (print name/title) 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 tiie officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Gity Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES 1. Contractor will provide various services related to the maintenance of the Traffic Signal Program and Rail Operations Support on an as-needed basis. 2. The types of services to be performed under this Agreement include the following: a. Intelligent transportation system (ITS) maintenance b. Procurement and installation of traffic signal and related communications equipment c. Signal system integration and testing d. Traffic signal maintenance review and asset management e. Review of traffic signal timing plans for 170e controllers f. QuicNet Pro software support g. Maintenance and support of railroad grade crossing and warning systems h. Staff support for traffic signal maintenance 3. Other types of services that could be performed under this Agreement could also include any of the following: a. Signing & striping inspection and review b. Work site traffic control review c. Stage construction review d. Traffic operations support e. Traffic signal timing & control logic support f. Communications systems maintenance g. System operations and integration h. System procurement and build i. Railroad preemption applications support j. Highway at rail grade crossings equipment support k. Intelligent transportation systems equipment support I. Other duties as determined by need 4. Services performed under this Agreement will be paid at the hourly rates specified in the Fee Schedule attached hereto as Exhibit "B" unless othenwise mutually negotiated and agreed based on a flat rate on a case-by-case basis not to exceed specified hourly rates. City Attorney Approved Version 1/30/13 EXHIBIT "B" FEE SCHEDULE STACK TRAFFIC CONSULTING, INC. TITLE HOURLY RATE Principal Manager $170 Project Manager $150 Project Engineer $130 Associate Engineer $100 Engineering Technician $80 Administrative / Clerical $60 Engineering Intern $50 RSE, INC. TITLE HOURLY RATE Principal Manager $180 Program Manager $145 Senior Project Engineer $150 City Attorney Approved Version 1/30/13 10