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RBF Consulting; 2009-10-07; PWENG714
PWENG714 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 BID PACKAGE PREPARATION FOR THE TRAFFIC MANAGEMENT CENTER PROJECT This^-fourth Project Task Description and Fee Allotment, is entered into on L/f^/ V c^^) <£/?/'t? , pursuant to an Agreement between RB^onsurfting, a California corporation, ("Contractor") and the City of Carlsbad, ("City") oaled October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide traffic engineering and systems integration services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 13, 2010, ("proposal"), attached as Appendix "A" for the City of Carlsbad Bid Package Preparation, (the "Project"). The Project services shall include the evaluation and implementation of the proposed Traffic Management Center (TMC) and a wireless network linking the City Safety Center to the traffic signal equipment located at the intersection of Palomar Airport Road and El Camino Real. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within two (2) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on the completion of each task defined in the scope of services. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $8,730.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT BID PACKAGE PREPARATION FOR THE TRAFFIC MANAGEMENT CENTER PROJECT TASK GROUP Bid Package Preparation TOTAL (Not-to-Exceed) LUMP SUM FEE $8,730.00 $8,730.00 Executed by Contractor this /6> day of LJ//,/\/ , 2010. ^ /CONTRACTOR: (/ RBF CONSULTING, RBF CONSULTING, a California corporation a California corporation (name of Contractor) (name of Contractor) By: -^ —^ By C(sjgj>nere) (sign h I/ I/- (print name/title) CS"O /C4AU2MAM (print name/title) CrgK@|ZAf.CON\ (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president 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. CITY OF CARLSBAD, a municipal corporation of the State of California X7 By: (j&isi**^ C /-/ ^aM^t-vu^ /-^ Date: ~~~?f"Z3 //O City Engineer or Author j^ed Signatory APPROVED AS TO FORM: RONALD R^BALL City Attorney Deputy City Attorney City Attorney Approved Version #07.24.02 CO NEi LILTING CORPORATE RESOLUTION The undersigned Chief Executive Officer of RBF Consulting does hereby certify that Michael Valenza, Vice President of Finance, is authorized to sign corporate contracts and/or agreements on behalf of said organization. IN WITNESS WHEREOF, I hereunto subscribe my signature this 16th day of July, 2010. Jam^sJLxlvlcDonald, Chief Executive Officer CORPORATE SEAL 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 • www.RBF.com printed on recycled papf CONSULTING July 13,2010 Appendix "A" JN 00-0001 oo.sst Mr. Doug Bilse CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92009 Subject: Scope of Work and Fee Proposal for Continued Support on the TMC project Dear Doug: Please find attached RBF's Scope of Work and Fee proposal to provide additional assistance in preparing bid documents for the TMC project. We have enjoyed working with you on this project and look forward to continued involvement in the development of your wireless communication system. If you have any questions or need additional information please call me at (760) 603-6246. Sincerely, Dawn L Wilson, P.E..T. E Project Manager Transportation Services Document! PLANNING • DESIGN • CONSTRUCTION 5050 Avenida Encinas, Suite 260, Carlsbad, California 92008 -760.476.9193 - FAX 760.476.9198 Offices located throughout California, Arizona & Nevada • www.RBF.corn CDNS5U LYING Exhibit A Scope of Work City of Carlsbad Bid Package Preparation The City of Carlsbad is in the process of installing a Traffic Management Center (TMC) located at the Faraday Center as part of the Regional Arterial Management System (RAMS) project funded through a grant administered by SANDAG. The TMC will use the QuicNet advanced traffic management system and is scheduled to be operational by the end of July, 2010. A wireless link has been established between the Palomar Airport Road and El Camino Real intersection and the Faraday Center via the Maerkle Tower. TASK1 RBF will prepare the equipment specifications and a bid package for wireless and Ethernet Over Copper network solutions related to the proposed TMC. The bid package will include Technical Specifications and necessary support for this phase of the project. PLANNING • DEE5IDN • CDNSTRUCTIDN 5050 Avenida Encinas, Suite 260, Carlsbad, California 92008 .760.476.9193 - FAX 760476.9198 Offices located throughout California, Arizona & Nevada • www.RBF.com CON £3 LILTING Exhibit B Fee Proposal City of Carlsbad Bid Package Preparation RBF will provide the services described in Task 1 of the Scope of Work on a time and materials basis for a fee not to exceed $8,730. Hours will be billed on a monthly basis based upon the following billing rates: Senior Traffic Engineer: $180 Traffic Engineer: $150 Assistant Engineer: $110 PLANNING • DESIGN • CONSTRUCTION 5050 Avenida Encinas, Suite 260, Carlsbad, California 92008 .760.476.9193 - FAX 760.476.9198 Offices located throughout California, Arizona & Nevada • www.RBF.com PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 TRAFFIC MANAGEMENT CENTER PILOT PROJECT This third Project Task Description and Fee Allotment, is entered into on /fi 5?/// , pursuant to an Agreement between RBF California corporation, ("Contractor") and the City of Carlsbad, ("City") dated 009, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide traffic engineering and systems integration services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 19, 2010, ("proposal"), attached as Appendix "A for the TMC Pilot Project, (the "Project"). The Project services shall include the evaluation and implementation of the proposed Traffic Management Center (TMC) and a wireless network linking the City Safety Center to the traffic signal equipment located at the intersection of Palomar Airport Road and El Camino Real. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within two (2) working days after receiving this fully executed document a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contiactor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials ;or each task group shown in Table 1. Progress payments shall be based on the complstion of each task defined in the scope of services. Appendix "A, attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and exteni of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A. Additional task grwps, not shown in Table 1 or Appendix "A", will be performed by the Contractor onlv-upon authorization of the Citv throuqh the mechanism of a separate Proiect Task Description and Fee Allotment and Purchase Order. In the event that City - directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only ir~voice the City for work actually performed. The maximum total cost of Contractor's ~ervices for this Project Task Description and Fee Allotment is $35,000. City Attorney Approved Version #07.23.02 TABLE 1 FEE ALLOTMENT TRAFFIC ENGINEERING AND SYSTEMS INTEGRATION Executed by Contractor this 10th day of May , 2010 TASK GROUP 1. System architecture for the traffic signal telecommun~cations network 2. Proposal specifications 3. Field performance 4. Project coordination and meet~ngs TOTAL (Not-to-Exceed) CONTRACTOR: RBF CONSULTING, LUMP SUM FEE $10,000 $5,000 $18,000 $2,000 $35,000 RBF CONSULTING, a C lif r ia cor oration REP Fonsuftlng -. (name of Contractor) (name of Contractor) By: (sign here) ~.f--f-~~ [D~] k\l\ct~& Douglas ;. Frost, Executive VP & CFO (print nameltitle) I I (print nameltitle) low($, r lbg. CU- dfrost@rbf.com (e-mail addkss) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president 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. CITY OF CARLSBAD, a municipal corporation of the State of California ,.,i !; 1 / / i (J* y- BY: i-- ( )ILL i.r i/ Date: 3' - /.?/ /'? City dngineer or Author~zed Signatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy City ~ttorky City Attorney Approved Version #07.24.02 APPENDIX "A" F CONSULTING April 19,2010 Mr. Doug Eilse CITY OF CARLSBAD PUBLIC WORKS-ENGINEERING 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Wireless Communications Pilot Project between El Carnino Real 8 Palomar Airport Road and the Faraday Safety Center Dear Doug: RBF Consuking (REF) is pleased to submit this proposal to provide services for the wireless communication pilot project between El Camino ReaVPalomar Airport Road and the Faraday Safety Center. We have provided the following Scope of Services and Compensation Summary attached as Exhibits "A and "B for your review and approval. We appreciate the opportunity to provide you with this proposal and look fomrd to working with you on this project. Please call me at (760) 603-6253 if you have any questions or need additional information. Sincerely, L. Scott Eisenhart, P.E. Project Manager Transportation Services PLANNING . DESIEN . CONSTRUCTION MSOAven~da Enclnas Suite 260 Cadsbad Callbmla92008-4386 . 760476 9193 rn FAX 760476 9198 ORi- laatededmughout Callbmla Anrow 8 Nemda Ow RBFcom ECR & PAR Wireless Communications Pilot Project City of Carlsbad D. Bilse EXHIBIT "A SCOPE OF SERVICES Consultant shall agree to perform the following Scope of Se~ices: Task I System Architecture for Traffic Signal Communications Network RBF develop system architecture and minimum specifications for the traffic signal communications network. The wok will include the following: > Meeting with the City's IT staff to develop communications equipment specifications P Identify any equipment upgrades necessary to transfer data using the NTClP protocol, video transmission from lteris Video Detection System, and proposed closedcircuit television (CCTV) P ldentify equipment and minimum specifications for data transmission over Ethernet, for the following alternative mediums: o Copper Conductors o Fiber Optics Hardwire o Cellular Transmission o Wireless Network Deliverables: Draff System Architecture and Minimum Equipment Specifications Task 2 Proposal Specifications RBF Consulting will put together a list of qualified products to meet the minimum equipment specifications developed as part of Task 1. RBF will prepare a systems matrix evaluating and ranking the equipment. The City will be responsible for the development and circulation of a Request for Proposal (RFP). RBF will be a part of the selection panel in evaluating the submitted proposals and identify equipment needed to be implemented for field testing, as part of field performance evaluation (Task 3). Deliverables: List of Recommended Pmducts for Evaluation and Products Evaluation Matrix April 19, 2010 Page 2 ECR 8 PAR Wireless Communications Pilot Project City of Catisbad D. Bilse Task 3 Field Performance REF Consulting will contract with Republic ITS, McCain, a communications system integration engineering firm, to install the equipment selected for field testing, as part of field performance evaluation for this pilot project. This work will include the following: b Assist the City's IT staff with the installation and configuration of the QuickNet 4 sewer b Assist the vendor with installation, configuration, and documentation of the wireless radio communications wlh the QuicNet 4 sewer D Assist the City's IT staff in configuring and verifying the City's network to communicate with the pilot project site b Perform field testing needed to validate performance claims made during the proposal evaluation REF will prepare a letter outlining the results from the field analysis, identifying the City's Qualified Products List (QPL) for system equipment, and finalizing the City's System Architecture. Deliverables: Field Analysis Repoti and City's Qualfied Product List (QPL) Task 4 Project Coordination and Meetings REF can be available to attend meetings with City staff, and others as directed by the City to discuss specific information and requirements that will be part of the wireless communication system. A maximum of sixteen (16) hours has been budgeted for meetings and project coordination. EXCLUSIONS The following tasks are not included in this scope of work. However, RBF is available to provide consulting sewices relating to any of the following items if negotiated under a separate contract for an additional fee: . PS&E Documentation Additional Traffic Signal Interconnect Communications Traffic Signal Timing Timing Plans Additional Field Analysis April 19, 2010 Page 3 ECR 8 PAR Wireless Communications Pilot Project City of Carlsbad D Bike EXHIBIT "B" COMPENSATION Client agrees to compensate Consultant for such sewices as indicated below: Monthly on an hourly basis plus an estimated budget amount of $500.00 for the cost of reimbursable expenses to cover coordination, prints and base plan preparation. ...................... Task 1 System Architecture for Traffic Signal Communications $10,000 ........................................................................... Task 2 Proposal Specifications $5,000 ................................................................................. Task 3 Field Performance $18,000 ......................................................... Task 4 Project Coordination and Meetings $2.000 .................................................................................... TOTAL $35,000 Note: Task 3 will be based upon a time and materials, with a not to exceed amount REF Consulting will submit monthly invoices based on a time and materials not to exceed amount specified above, for the work included in the scope of work and outlined in this fee proposal. Invoice will be billed under the existing contract for on-call sewices between RBF and the City of Carlsbad. Apr~l 19, 2010 RBF Page 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 3455 COASTAL RAIL TRAIL REACH 4 & 5 ALIGNMENT ANALYSIS This s ond Poject Task Description and Fee Allotment, is entered into on , pursuant to an Agreement between RBF C6/~NGdCv~t~c6r~and the City of Carlsbad. ("City") dated October 7, 2009, (the "~~reehfeht"), theterms of which are incorp-orated herein by this reference 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide consulting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 6, 2010, ("proposal"), attached as Exhibit "A for the Coastal Rail Trail Reach 4 8 5, (the "Project"). The Project services shall include preparation of exhibits for four (4) different alternatives, analysis of the four (4) different alignment alternatives, and the preparation of a report explain the pros and cons for the different alternatives. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 130 working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table I. Progress payments shall be based on time and materials. Exhibit "A" attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor 'constitutes acknowledgment by Contractor that such tasks are those defined in Exhibit "A''. Additional task groups, not shown in Table 1 or Exhibit "A", will be performed by the Contractor onlv upon authorization of the Citv throuzh the mechanism of a separate Proiect Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portioris of the task groups identified in Table 1 or Exhibit A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $27,900. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT COASTAL RAIL TRAIL REACH 4 & 5 ALIGNMENT ANALYSIS Executed by Contractor this 23rd day of Apri 1 ,2010. TASK GROUP CRT Alternat~ve 1 Alignment Analysls Reach 4 & 5 CRT Alternative 2 Alignment Analysls Reach 4 & 5 CRT Alternative 3 Al~gnment Analysls Reach 4 & 5 CRT Alternat~ve 4 Alignment Analys~s Reach 4 & 5 CRT Alternative Alignment Analysls Summary Report Meetlngs and Coord~natlon (Budget Amount) Relmbursables (Allowance) TOTAL (Not-to-Exceed) CONTRACTOR: RBF CONSULTING a California corporation LUMP SUM FEE $3,200 3,600 2,800 2,400 9,500 5,200 1,200 $27,900 (print nameltitle) *lie&, (be. CLM\ (e-mail address) RBF CONSULTING a California corporation (name of Contractor) By: Douglas 3. Frost, Executive Vice President & CFO (print nameltitle) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretarv, assistant secretam. 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 .: By: Date: -- @Fy Engineer or Authorized Signatory APPROVED AS TO FORM: RONALD R. BALL. Citv Attorney . . BY: Deputy CitT~ttorne) City Attorney Approved Version #07.24.02 RBF Consulting Page 1 of 4 Contract Aqreement for Job Number 55-100673.002 April 6, 2010 EXHIBIT "A" SCOPE OF SERVICES PROJECT NO. 3455 COASTAL RAlL TRAIL ALTERNATIVE ALIGNMENT REPORT REACH 4 & 5 UNDERSTANDING OF PROJECT Client desires to proceed with the preparation of the Alternative Alignment Report for the City of Carlsbad's Coastal Rail Trail (CRT) Reaches 4 and 5, City Project No. 3455. RBF Consulting (Consultant) agrees to perform the following engineering services: COASTAL RAlL TRAIL REACH 4 & 5 TASK I CRT ALTERNATIVE 1 ALIGNMENT ANALYSIS REACH 4 8 5 The Consultant will use previously developed designs for Alternative 1 for use in the Alternative Alignment Analysis Report. (Alternative 1 is to construct a path located on the west side of the railway right-of-way that varies in width from 20' to 12'.) The plans shall be sufficient to provide the preliminary information to quantify grading extents, RNV impacts, environmental impacts and a construction cost estimate. Supplemental exhibits are to be created as part of this task. This study is intended to supplement the preferred alternative justification letter to Caltrans. This task assumes the Client will provide electronic (AutoCAD) files of the preferred Alternative 1 alignment and profile. The existing surface will be created as part of this task to be used throughout the remaining tasks 2 thru 4. TASK 2 CRT ALTERNATIVE 2 ALIGNMENT ANALYSIS REACH 4 & 5 The Consultant will prepare preliminary design plans for Alternative 2 for use in the Alternative Alignment Analysis Report. (Alternative 2 is to construct a 20' wide path located on the east side of the railway right-of-way.) The plans shall be sufficient to provide the preliminary information to quantify grading extents, RNV impacts, environmental impacts and a construction cost estimate. Supplemental exhibits are to be created as part of this task. This study is intended to supplement the preferred alternative justification letter to Caltrans. This task assumes the Client will provide an electronic (AutoCAD) file of the preferred Alternative 2 alignment. The Consultant will be responsible for the creation of the profile, matching existing grade to the extent feasible to minimize grading impacts. TASK 3 CRT ALTERNATIVE 3 ALIGNMENT ANALYSIS REACH 4 & 5 The Consultant will prepare preliminary design plans for Alternative 3 for use in the Alternative Alignment Analysis Report. (Alternative 3 is to construct a 12' wide path located on the east side of the railway right-of-way.) The plans shall be sufficient to provide the preliminary information to quantify grading extents, RNV impacts. environmental impacts and a construction cost estimate. Supplemental exhibits are to be created as part ofthis task. This study is intended to supplement the preferred alternative justification letter to Caltrans. This task assumes the Client will provide an electronic (AutoCAD) file of the preferred Alternative 3 alignment. The Consultant will be responsible for the creation of the profile, matching existing grade to the extent feasible to minimize grading impacts. 5050 Auenoa tnc nas. Sdle260. Cat soad Calfolna 92008 a 760 476 9193 it kAX 760 476919R Olfces locatea lnro~gho~f Ca ,lorn a Ar rona 8 hevada _ wvnr RBk cm RBF Consulting Page 2 of 4 Contract Aareement for Job Number 55-100673.002 Auril 6.2010 TASK 4 CRT ALTERNATIVE 4 ALIGNMENT ANALYSIS REACH 4 & 5 The Consultant will prepare preliminary design plans for Alternative 4 for use in the Alternative Alignment Analysis Report. (Alternative 4 is to construct a Class Ill Bikeway (bike route) or Class II Bikeway (bike lane), depending on available width, along Avenida Encinas.) The plans shall be sufficient to provide the preliminary information to quantify grading extents, R/W impacts, environmental impacts and a construction cost estimate. Supplemental exhibits are to be created as part of this task. This study is intended to supplement the preferred alternative justification letter to Caltrans. This taskassumes the Client will provide an electronic (AutoCAD) file of the preferred Alternative 4 alignment. TASK 5 CRT ALTERNATIVE ALIGNMENT ANALYSIS SUMMARY REPORT The Consultant will prepare the Alternative Alignment Analysis Report. The summary report will document the positive and negative impacts for each alternative as determined in each of the Tasks (1-4) outlined above. A matrix will be created to compare the critical impacts concerning, RNV and property impacts, extents of grading, environmental impacts and overall construction costs. Exhibits will be created to visually show the information collected, including tables which will outline the total square foot area of impact(s). A narrative will be provided summarizing all the information collected. The Consultant will prepare a preliminary draft consisting of the Summary Report outline, draft exhibits, as well as the overall evaluation matrix for submittal to Caltrans for review and comment. The Consultant will address two rounds of comments and submit the final report with the final exhibits and matrix. TASK 6 MEETING ATTENDANCE AND COORDINATION Consultant shall attend regularly scheduled meetings with client and other consultants to review the progress of the work within this contract and to provide consulting services. A maximum of40 hours are budgeted within the scope ofwork. For budgeting purposes, an initial amount is provided; however, the amount may be increased or may not be entirely needed, due to the flexible nature of this project. In all cases, REF will not exceed the stated budgeted amounts to provide services unless we have obtained Client authorization to do so. 5050 Avenida Encinas. Suite 260. Carlsbad. California 92008 # 760476.9193 # FA% 760,4769198 Offices located throughout California. Arizona & Nevada w.RBF.com REF Consulting Page 3 of 4 Contract Aareement for Job Number 55-100673.002 April 6, 2010 ADDITIONAL SERVICES Services which are not specifically identified herein as services to be performed by RBF or its consultants 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 Service. CLIENT RESPONSIBILITIES In the preparation of this scope of services it has been assumed that the Client shall supply the Consultant with the following: 1. Existing Topography File. 2. Aerial Image File. 3. Alternative 1 Alignment and Profile in AutoCAD LandDesktop or Civil 3D 4. Alternative 2 Alignment in AutoCAD LandDesktop or Civil 3D 5. Alternative 3 Alignment in AutoCAD LandDesktop or Civil 3D 6. Alternative 4 Alignment in AutoCAD LandDesktop or Civil 3D 7. Digital file containing the environmental mapping as prepared by EDAW and supplemented by information from LSA. (East side alignments). 8. Digital file containing the environmental mapping as prepared by LSA. (West side alignment). 9. RNV, property line, and property owner for individual property impacts. 5050 Aven oa Enc nas S-ole 260 Carlsoao Ca lfornla 92008 * 760 476 9193 D FAX 760 476 9198 Offces .ocalw lnro~gho~l Ca ,lorn a Ar rona & hevada Z wm Rc3F rom RBF Consulting Page 4 of 4 Contract Aareement for Job Number 55-100673.002 A~ril6. 2010 COMPENSATION Client agrees to compensate the Consultant for such services as follows: Monthly on a percentage of completion basis for fees as indicated below Reimbursables will be billed in addition to these at cost plus 10% .............. Task I CRT Alternative 1 Alignment Analysis Reach 4 & 5 $3,200 ................ Task 2 CRT Alternative 2 Alignment Analysis Reach 4 & 5 3,600 ................ Task 3 CRT Alternative 3 Alignment Analysis Reach 4 & 5 2,800 ................ Task 4 CRT Alternative 4 Alignment Analysis Reach 4 & 5 2,400 ............ Task 5 CRT Alternative Alignment Analysis Summary Report 9,500 .......................... Task 6 Meetings and Coordination (Budget Amount) 5,200 Task 7 Reimbursables (Allowance) .................................................... 1.200 TOTAL $27.94n Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period, plus all direct costs (fees) plus lo%, advanced by Consultant. The Client shall make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. 5050 Avenida Encinas, Suite 260, Carlsbad. California 92008 # 760.476.9193 # FAX 760476.9198 Offices located throughout California, Arizona & Nevada w.RBF.com PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 TRAFFIC COUNTING SERVICES Project Task Description and Fee Allotment, is entered into on , pursuant to an Agreement between RBF Consulting, a Califorhia corporation, ("Contractor") and the City of Carlsbad, ("City") dated October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide traffic counting services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 18 201 0, ("proposal"), attached as Appendix "A for Traffic Counting Services on Sierra Morena Avenue and Donna Drive, (the "Project"). The Project services shall include vehicle volume and speed measurements. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred and twenty (120) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Pclblic Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials spent during each billing period. Appendix "A, attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A. Additional task groups, not shown in Table 1 or Appendix "A, will be performed by the -. Contractor only upon authorization of the Citv through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,000. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT TRAFFIC COUNTING SERVICES Executed by Contractor this day of , 2010. TASK GROUP Traffic Counting Services outlined in Appendix "A TOTAL (Not-to-Exceed) CONTRACTOR: RBF CONSULTING RBF CONSULTING a California corporation a California corporation (name of Contractor) By: 'l&k ysign herey &++ '~~4 lo~~~d,.~~~,,n~t (print nameltitle) I LUMP SUM FEE $5,000.00 $5,000.00 4aCal.l los C/. ,a, '+-,?,TI (e-mail bddress) Q RBf Ca/y (e-mail address) * If Contractor is a corporation, this document must be signed by one individual from each column: Column A Column B Chairman, president or vice-president 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. rporation of the State of California Date: I,-?--- f -/d APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #07.24.02 Appendix "A" Task Description - Traffic Counting Services for the City of Carlsbad February 18,2010 RBF Consulting (RBF) will conduct a Before and After speed and volume study for a total of 12 locations in the city of Carlsbad. Six of the locations will be along Donna Drive and the remaining six locations along Sierra Morena Avenue. RBF will contract with a traffic count company for the data collection. Data collection will include speed and volume tube counts. All counts will be collected within a 24-hour period for each study area. When data is collected for the Before and After conditions, they will be reported for the same 24-hour period. Tubes will be placed in the same location and collected on the same day of the week for both the Before and After conditions. Data collection dates shall be approved by the city prior to the deployment of the hoses. Data collection shall not occur during days in which nearby schools are on break. Any errors in data collection shall result in a recount or recounts at no additional cost to the city. RBF will be responsible for verifying the location of the tube count devices to ensure they are appropriately placed for both the Before and After conditions. Following the collection of the data, RBF will provide the raw data to City of Carlsbad in electronic format. Once the before and after data is collected, RBF will submit a comparison of the Before and After traffic volumes and speeds to the City in a technical memo. Results will be reported in a tabular format. Fee Before Conditions Traffic Counts: $1,200 After Conditions Traffic Counts: $1,200 Coordination & Report: $2.600 TOTAL $5,000 PWENG714 MASTER AGREEMENT FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES (RBF CONSULTING) 7*/T~_____ . _____________ ._ __________________ _________ .... _ day of 2009, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and RBF CONSULTING, a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in traffic engineering. 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 engineering. 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 starting December 6, 2009. City Attorney Approved Version #04/03/02 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 4 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Public Works Director or Deputy City Engineer, as his designee. The Public Works Director or Deputy City Engineer, as his designee 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 fifty thousand dollars ($150,000) per Agreement year. The total amount of the Agreement shall not exceed four hundred fifty thousand dollars ($450,000) 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 Public Works Director, as his designee, 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. City Attorney Approved Version #04/03/02 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 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-:V". 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. City Attorney Approved Version #04/03/02 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 and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to 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 #04/03/02 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 William Plummer Title Deputy City Engineer Dept Public Works - Design Division CITY OF CARLSBAD Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. (760) 602-2768 For Contractor: Name Title Dawn Wilson, P.E. Project Manager RBF CONSULTING Address 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 Phone No. (760)476-9193 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, 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. City Attorney Approved Version #04/03/02 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. 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. 6 City Attorney Approved Version #04/03/02 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. City Attorney Approved Version #04/03/02 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 #04/03/02 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this f£ CONTRACTOR: RBF CONSULTING, a California corporation day of /Lj YOFCITY OF CARLSBAD, a municipal corporation of the State of California (sign here) (print name/title) ATTEST: lyORRAUjlf M. WO ity Clerk (print name/title) O.Q t6F, (e-mail address) (Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, document must be signed by one from each column: Column A Chairman, president or vice-president Column 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.) CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: HO. 0 Deputy City Attorn City Attorney Approved Version #04/03/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Dale personally appeared . Here Insert Na/ne andTitle of theflffice Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited n General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of personally appeared Name(s) of Signer(s) CIMOYOKAMOTO Comm»»«iwi # 1827362 Notary PubNc • California I Orange County My Comm. Expires Jan 15,20131 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s^ whose name(s)di/afe subscribed to the within instrument and acknowledged to me that CSefehe/they executed the same irdS^herfttretr authorized capacity(ies)r; and that by(fii$Zbef#herr signature(s) on the instrument the person(s)r or the entity upon behalf of which the person(s)"acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Signature OPTIONAL - \ Signature of Not:ary Public Though the information below is not required by law, it may prove valuable to persons relyfhg on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _j Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumtejnere Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator [Other: Signer lsxRepresenting: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" r vi CarJ*bad .. 5. RATE SCHEDULE Master Agreement Consulting Services The rate schedule below indicates hourly billing rates for each member of the project team. HOURLY RATE SCHEDULE Civil Engineering - Traffic Engineering OFFICE PERSONNELS / hr. Project Manager 190.00 Task Manager , 177.00 Project Engineer 144.00 Transportation Planner 128.00 Design Engineer 132.00 Designer/Planner 114.00 FIELD PERSONNEL 2-Person Survey Crew 240.00 Licensed Surveyor 175.00 Field Supervisor 170.00 OTHER SERVICES AND FEES Clerical/Word Processing 63.00 Vehicle Mileage 0.60/Mile Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 10%. A Sub-consultant Management Pee of 10% will be added to the direct cost of all sub-consultant services to provide for the cost of administration, sub-consultant consultation and insurance. Qualifications - Traffic Engineering May 8, 2009 19