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HomeMy WebLinkAboutRBF Consulting; 2009-10-07; PWENG715PWENG715 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 NORTHWEST QUADRANT STORM DRAIN IMPROVEMENT PROGRAM PROJECT NO. 6608 This second Project Task Description and Fee Allotment, is entered into on Junes Iff-. e3.Q/O , pursuant to an Agreement between RBF Consulting, a California 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 civil engineering 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 May 11, 2010, ("proposal"), attached as Appendix "A" for the Northwest Quadrant Storm Drain Improvement Program, (the "Project"). The Project services shall include preparation of plans, including topographic survey, utility research, hydrology and hydraulics, improvement plans, traffic control plans and cost estimates. 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 (1) year 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 time and materials. 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 $107,220. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT DEVELOP CONSTRUCTION IMPROVEMENT PLANS TASK GROUP Taskl Task 2 TaskS Task 4 Task 5 Task6 Task? TaskS Task 9 Task 10 Task 1 1 Task 12 Task 13 Task 14 Task 15 Task 16 Topographic Survey Existing Utility Research Hydrology and Hydraulics Report (30%) Pre-lmprovement Plan Review (Estimated T&M Budget) Storm Drain and Roadway Improvement Plans (30%) Hydrology and Hydraulics Report (70%) Storm Drain and Roadway Improvement Plans (70%) Traffic Control Plans (70%) Hydrology and Hydraulics Report (1 00%) Storm Drain and Roadway Improvement Plans (100%) Traffic Control Plans (100%) Hydrology and Hydraulics Report (Final) Storm Drain and Roadway Improvement Plans (Final) Traffic Control Plans (Final) Cost Estimates (30%, 70%, and 100%) Meeting and Coordination (Estimated T&M Budget) Reimbursement Expenses (Reproduction, Delivery, etc.) TOTAL (Not-to-Exceed) LUMP SUM FEE $12,000 $2,000 $12,000 $1,600 $12,000 $6,000 $20,000 $7,000 $1,000 $8,000 $2,000 $1,000 $4,000 $1,000 $6,000 $9,120 $2,500 $107,220 City Attorney Approved Version #07.24.02 Executed by Contractor this 19th day of _, 200 10 CONTRACTOR: RBF Consulting, Inc., a California corporation (name of Contractor) By: (sign here) (print name/title) (e-mail address) .AJL RBF Consulting , a California corporation (name of Contractor) By: (siomhere; Douglas J. Frost, Exec VP & CFO (print name/title) dfrost@rbf.com (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 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 By: City Engineer or Authorized Signatory Date: APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: JDQO Deputy City Attorney City Attorney Approved Version #07.24.02 Appendix "A" CONSULTING May 11, 2010 JN 25-104329 Sherri Howard City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Subject: NW Quadrant Storm Drain Program Dear Sherri: RBF is very pleased to present you with the final scope of work for the Northwest Quadrant Storm Drain Program based upon our recent discussions. If you should have any questions or comments, please contact me directly at (858) 810-1448, or via email at rlucera@rbf.com. We look forward to working closely with you and bringing this project to a successful conclusion. Sincerely, Rich Lucera, PE Senior Project Manager Stormwater Management DESIBN • CONSTRUCTION 9755 Clairemont Mesa Boulevard, San Diego, CA 92124-1324 • 858.614.5000 • Fax 858.614.5001 Offices located throughout California, Arizona & Nevada • www.RBF.com printed on recycled paper RBF Consulting May 11, 2010 Contract Agreement for Carlsbad Northwest Quadrant Drainage Improvements EXHIBIT A SCOPE OF SERVICES UNDERSTANDING OF PROJECT Client desires to proceed with construction of drainage improvements within the Northwest Quadrant of Carlsbad at the following general locations and limits of work: 1. Pacific Street and Mountain View Drive - Improvements are intended to begin on Pacific Avenue, roughly 200' maximum in advance of the intersection with Mountain View Drive. Improvements will run in a northwesterly direction approximately 300' to the assumed point of tie-in at the existing inlet within the Ocean Street knuckle. Drainage improvements are also understood to be warranted within a section of Ocean Street from the point of beach access stairs to a point approximately 500' south. 2. Madison Street, between Grand Avenue and Arbuckle Place - Improvements are intended to begin within Madison Street and extend approximately 200 - 300' in a southeasterly direction to the point of tie-in with an existing 15" RCP in Grand Avenue. 3. Roosevelt Street, between Beech and Laguna - Improvements are intended to tie in and begin from the existing 8" storm drain and extend in a southeasterly direction approximately 250 lineal feet. 4. Roosevelt Street, between Carlsbad Village Drive and Grand Avenue - Improvements are intended to tie into existing 18" storm drain in Grand Avenue at locations along both sides of Roosevelt Street. Improvements will run along both sides of the street to pick up drainage at existing curb pop-outs located approximately 200 - 250' to the southeast. 5. Madison Street, between Carlsbad Village Drive and Grand Avenue - Improvements are intended to tie into existing 18" storm drain in Grand Avenue at locations along both sides of Madison Street. Improvements will run along both sides of the street to pick up drainage at existing curb pop-outs located approximately 200 - 250' to the southeast. 6. Harrison Street, South of Chinquapin - Extent and nature of needed improvements are not known at this time. However survey work along a 500-600' section adjacent to existing apartment and condominium complexes is requested to help analyze current conditions. Completion of this overall effort will require topographic survey, utility research, storm drain potholing, preparation of project improvements plans, preparation of traffic control plans, and analysis of area hydrology and stormwater hydraulics. A-1 C 0 N S U LTIN G PLANNING • DESIGN • CONSTRUCTION RBF Consulting Contract Agreement for Carlsbad Northwest Quadrant Drainage Improvements EXHIBIT A (cont.) NORTHWEST QUADRANT DRAINAGE IMPROVEMENTS May 11,2010 TASK 1 TOPOGRAPHIC SURVEY The Consultant will perform topographic survey of streets and surface utility features at the following locations: 1. 200' Segment along Pacific Avenue 2. 300' Segment along Mountain View Avenue 3. 500' Segment along Ocean Street 4. 300' Segment on Madison, between Grand and Arbuckle 5. 250' Segment on Roosevelt between Beech and Laguna 6. 250' Segment on Madison, between Carlsbad Village Drive and Grand Avenue 7. 250' Segment on Roosevelt, between Carlsbad Village Drive and Grand Avenue 8. 600' Segment on Harrison Street, south of Chinquapin Survey cross sections will be taken at approximately 50' intervals and at visible low spots and grade breaks. Cross sections will not typically extend beyond the back of sidewalk on either side of the street. Where applicable, survey shots will be taken to establish elevation at all tie-in locations between existing and proposed storm drain improvements. Survey shots will also be taken at exposed pothole locations of storm drain in Mountain View Way and Madison Street (between Grand and Arbuckle Place). It is anticipated that the City of Carlsbad will perform actual potholing exposure of any/all storm drain lines. TASK 2 EXISTING UTILITY RESEARCH The Consultant will research and obtain readily available utility records related to existing location of gas, electric, cable television, telephone, and fiber optics lines, etc. It is anticipated that the City of Carlsbad can provide "as-built" drawings necessary to establish location of existing storm drain, sanitary sewer, water, and irrigation. TASK 3 HYDROLOGY AND HYDRAULICS REPORT (30% DEVELOPMENT LEVEL) The Consultant will prepare hydrology and hydraulic calculations to substantiate the sizing and spacing of proposed inlets as well as gutter and pipe flow capacity. Hydrology and hydraulic calculations will utilize rational method procedures described within the County of San Diego Hydrology and Drainage Design Manuals, as adapted by the City of Carlsbad. Compliance with standard minimum pipe sizes and specification of Regional Standard inlets is not expected at many locations within the project limits. The calculations will be packaged along with the necessary hydrology maps, exhibits, narrative information, and summary tables. A-2 CONSULTING PLANNING • DESIGN • CONSTRUCTION RBF Consulting Contract Agreement for Carlsbad Northwest Quadrant Drainage Improvements May 11,2010 EXHIBIT A (cont.) TASK 4 PRE-IMPROVEMENT PLAN REVIEW (ESTIMATED T&M BUDGET) The Consultant shall allot a budget of 12 hours to attend meetings to discuss and to review the results the topographic survey, utility research, and preliminary hydrology and hydraulic report (30% development level) with City of Carlsbad staff. Hours in excess of this initial budget, if necessary, shall be authorized by the client prior to performance of work beyond this amount. TASK 5 STORM DRAIN IMPROVEMENT PLANS (30% DEVELOPMENT LEVEL) The Consultant will prepare storm drain improvement plans based upon the necessary items of work at the project locations and limits described above in "Project Understanding." The plans for each site will be submitted as one overall bid package and are anticipated to include the following: o Cover Sheets, Notes, and Details (3 each) o Plan/*Profiles (8 each @ 1"=20' horizontal) o *Design Cross Sections, Miscellaneous Profiles (2 each) o **Temporary Erosion and Sediment Control Plans (4 each) o ** Erosion and Sediment Control Details (1 each) *Profile and Cross Section information will not be provided at 30% development level. **Erosion and Sediment Control information will not be provided at 30% development level. TASK 6 HYDROLOGY AND HYDRAULICS REPORT (70%) The Consultant will revise report and address comments made by City of Carlsbad based upon review of 30% development-level submittal. Additional detail will be added as appropriate to reflect evolution of design. TASK 7 STORM DRAIN IMPROVEMENT PLANS (70%) The Consultant will revise plans and address comments made by City of Carlsbad based upon review of 30% development-level submittal. Plans will be expanded to include profiles, cross sections, and temporary erosion and sediment control design. Additional detail will be added as appropriate to reflect evolution of design. TASK 8 TRAFFIC CONTROL PLANS (70%) The Consultant will prepare staged traffic control plans to protect and maintain flow of vehicles and pedestrians during construction of improvements. Traffic control plans will be packaged and submitted with Storm Drain Improvements, and we anticipate these plans will consist of the following: o Roosevelt between Carlsbad Village Drive and Grand Avenue (1 each at 1"=20') o Madison between Carlsbad Village Drive and Grand Avenue (1 each at 1"=20') o Traffic Control Details (1 each) A-3 PLANNING CONSULTING DESIGN • CONSTRUCTION RBF Consulting Contract Agreement for Carlsbad Northwest Quadrant Drainage Improvements EXHIBIT A (cont.) May 11,2010 TASK 9 HYDROLOGY AND HYDRAULICS REPORT (100%) The Consultant will revise report and address comments made by City of Carlsbad based upon review of 70% submittal. Additional detail will be added as appropriate to reflect evolution of design. TASK 10 STORM DRAIN IMPROVEMENT PLANS (100%) The Consultant will revise plans and address comments made by City of Carlsbad based upon review of 70% submittal. Additional detail will be added as appropriate to reflect evolution of design. TASK 11 TRAFFIC CONTROL PLANS (100%) The Consultant will revise plans and address comments made by City of Carlsbad based upon review of 70% submittal. Additional detail will be added as appropriate to reflect evolution of design. TASK 12 HYDROLOGY AND HYDRAULICS REPORT (FINAL) The Consultant will revise report and address minor comments made by City of Carlsbad based upon review of 100% submittal. TASK 13 STORM DRAIN IMPROVEMENT PLANS (FINAL) The Consultant will revise plans and address minor comments made by City of Carlsbad based upon review of 100% submittal. TASK 14 TRAFFIC CONTROL PLANS (FINAL) The Consultant will revise plans and address minor comments made by City of Carlsbad based upon review of 100% submittal. TASK 15 COST ESTIMATES The Consultant shall prepare improvement cost estimates based upon items of work shown on the 30%, 70%, and 100% plan sets. Unit prices shall be supplied by the City of Carlsbad, or based upon historical experience of consultant with similar local projects. TASK 16 MEETINGS AND COORDINATION (ESTIMATED T&M BUDGET) The Consultant shall allot a budget of 60 hours to attend meetings and coordinate issues directly pertinent to this scope of work with City of Carlsbad staff. Hours in excess of this initial budget, if necessary, shall be authorized by the client prior to performance of work beyond this amount. ADDITIONAL SERVICES Services that are not specifically identified herein as services to be performed by RBF Consulting or its consultants are considered "Additional Services" for purposes of this scope of services. Client may request that RBF Consulting perform services that are Additional Services, A-4 PLANNING CONSULTING DESIGN • CONSTRUCTION RBF Consulting May 11, 2010 Contract Agreement for Carlsbad Northwest Quadrant Drainage Improvements EXHIBIT A (cont.) however, RBF Consulting is not obligated to perform such Additional Services unless an amendment to this work request has been fully executed setting forth the scope, schedule, and fee for such Additional Services. NOTES Consultant's obligations are based upon the following: 1) Survey mapping, right of way delineation, and easement research are all assumed unwarranted, since all work is understood to be within City right of way. 2) Water quality analysis or BMP design is considered unwarranted. We don't anticipate that any of these projects would be considered a "Priority Project" by the standards of the Jurisdictional SUSMP or warrant coverage for stormwater discharge under the Statewide General Construction Permit. 3) This scope does not include processing and coordination with resource agencies, including, but not limited to, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Game, and the Regional Water Quality Control Board. These services are assumed unwarranted. 4) It is assumed the City of Carlsbad will prepare as-built drawings and perform engineering support during the bid process as well as during construction. If desired, those services can be provided under a separate agreement. 5) It is assumed that project improvements do not warrant modification to existing landscaping, irrigation, or traffic signals. Therefore, design services related to these efforts have not been included within this scope of work. 6) Preparation of engineering specifications has not been requested. That service can be provided under separate agreement if desired. CLIENT RESPONSIBILITIES 1. Client shall provide all available "as-built" drawings and utility records relevant to the scope of work. 2. Client shall provide off-site topography necessary to establish drainage areas beyond the surveying limit of work 3. Perform potholing of storm drain at end of Mountain View Way and within Madison Street, between Grand Avenue and Arbuckle A-5 CONSULTING PLANNING • DESIGN • CONSTRUCTION RBF Consulting May 11, 2010 Contract Agreement for Carlsbad Northwest Quadrant Drainage Improvements EXHIBIT B Proposed Compensation Client agrees to compensate Consultant for such services as indicated below: Monthly on a fixed fee basis in accordance with the following schedule of compensation. In addition to the indicated lump sum, reimbursable expenses such as reproduction shall be billed at cost plus 10% handling. NORTHWEST QUADRANT DRAINAGE IMPROVEMENTS Task 1 Topographic Survey $12,000 Task 2 Existing Utility Research $2,000 TaskS Hydrology and Hydraulics Report (30%).. $12,000 Task 4 Pre-lmprovement Plan Review (Estimated T&M Budget) $1,600 Task 5 Storm Drain and Roadway Improvement Plans (30%) $12,000 Task 6 Hydrology and Hydraulics Report (70%) $6,000 Task? Storm Drain and Roadway Improvement Plans (70%) $20,000 Task 8 Traffic Control Plans (70%) $7,000 Task 9 Hydrology and Hydraulics Report (100%) $1,000 Task 10 Storm Drain and Roadway Improvement Plans (100%) $8,000 Task 11 Traffic Control Plans (100%) $2,000 Task 12 Hydrology and Hydraulics Report (Final) $1,000 Task 13 Storm Drain and Roadway Improvement Plans (Final) $4,000 Task 14 Traffic Control Plans (Final) $1,000 Task 15 Cost Estimates (30%, 70%, and 100%) $6,000 Task 16 Meetings and Coordination (Estimated T&M Budget) $9,120 Reimbursable Expenses (Reproduction, Delivery, etc.) $2.500 TOTAL $107,220 Progress billings will be forwarded to Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. Client will make every reasonable effort to review invoices within fifteen (15) working days from date of receipt of the invoices and notify Consultant in writing of all items that are alleged to be incorrect. B-1 C D N 5 U LTI N G PLANNING • DESIGN • CONSTRUCTION PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 3455 COASTAL RAIL TRAIL STORM WATER REPORTS AND PLANS This First Project Task Description and Fee Allotment, is entered into on , pursuant to an Agreement between RBF Consr&ing, a California corporation ("Contractor") and the City of Carlsbad, ("City") dated October 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. CONTRACTOR'S OBLIGATIONS Contractor shall provide professional services related to preparing storm water reports 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 5, 2010, ("proposal"), attached as Exhibit "A" for the Coastal Rail Trail Reaches 1, 4 and 5, (the "Project"). The Project services shall include preparing storm water reports and plans and documentation necessary for compliance with the Construction General Permit. 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 thirty (30) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two (2) years 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 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 only upon authorization of the City throunh the mechanism of a separate Proiect Task Descri~tion 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 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 $24,800. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT PREPARATION OF STORM WATER REPORTS AND PLANS Executed by Contractor this day of ,201 . TASK GROUP Prepare Stormwater Reports and Plans TOTAL (Not-to-Exceed) CONTRACTOR: RBF CONSULTING, a California corporation LUMP SUM FEE $24,800 $24,800 RBF CONSULTING, a California corporation (name of Contractor) By: (sigyhbre) v & JW-%,&c Doug \d s J. Frost, Executive VP & CFO (print nameltitle) fibrl!~c@~~ b&. CCM dfrost@rbf.com (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 'cipal corporation of the State of California f: i ' By: LLtk ' CL 4 @c-z- - Date: 3 --/ 8 --YO City gngineer or Authorized Signatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: & - A Deputy City ~ttornek City Attorney Approved Version #07.24.02 RBF Consulting Page 1 of 5 Contract Aareement for Job Number 55-1 00673 February 5.201 0 EXHIBIT "A" SCOPE OF SERVICES PROJECT NO. 3455 COASTAL RAlL TRAIL STORM WATER REPORTS REACH 1,4 & 5 UNDERSTANDING OF PROJECT Client desires to proceed with the preparation of Storm Water Management Plans (SWMP), Storm Water Pollution Prevention Plans (SWPPP) and Storm Water calculations for the City of Carlsbad's Coastal Rail Trail (CRT) Reaches 1, 4 and 5, City Project No. 3455. RBF Consulting (Consultant) agrees to perform the following engineering services: COASTAL RAlL TRAIL REACH 1 TASK I CRT STORM WATER MANAGEMENT PLAN REACH 1 The Consultant will prepare storm water calculations (Task 3) for use in the Storm Water Management Plan. The calculations shall be sufficient to provide the preliminary information for design of the project's drainage system, and shall be used to development the project's Storm Water Management PlanIMaintenance Plan (SWMP). The Consultant will prepare a storm water management plan documenting the post-construction BMPs and the selection rationale for Reach 1. This study is intended to satisfy requirements of the City's SUSMP. TASK 2 CRT STORM WATER POLLUTION PREVENTION PLAN (SWPPP) REACH 1 The Consultant will prepare a Storm Water Pollution Prevention Plan (SWPPP) based on the information obtained as a part of Task 1 and other information provided by the Client. The SWPPP will serve as the overall guidance document for project compliance with the Construction General Permit. The purpose of the SWPPP is to identify the potential sources of pollution during construction and the BMPs that must be implemented in the field to control the identified sources. The Consultant will provide a preliminary site assessment to determine the Risk Category for the project under the requirements in the State General Construction Permit (Permit). The SWPPP will include the following information: o SWPPP Requirements o Project Information o Potential Pollutants o BMPs o Maintenance, Inspection and Repair o Training o Construction Site Monitoring Program o Personnel and Contractor Responsibilities o SWPPP Site Map o Erosion and Sediment Control Plans TASK 3 CRT STORM WATER CALCULATIONS REACH 1 The Consultant will prepare storm water calculations based on the San Diego County Hydrology Manual to compare the Pre-Development and Post-Development conditions for the project. Exhibits showing drainage areas and points of discharge will also be included in this task. This task does not include any design of storm H \PDATA\551(X)673\Admm\proposa11673pr001 CRTSWPPP doc 5050 Aven~da Encinas, Suite 260, Carlsbad, California 92008 760.476.9193 FAX 760.476.9198 Offices located throughout California, Arizona &Nevada ww\v.RRF corn RBF Consulting Page 2 of 5 Contract Aqreement for Job Number 55-1 00673 Februarv 5, 201 0 drain systems or hydraulic calculations of proposed or existing storm drain systems. COASTAL RAIL TRAIL REACH 4 & 5 TASK 4 CRT STORM WATER MANAGEMENT PLAN REACH 4 & 5 The Consultant will prepare storm water calculations (Task 6) for use in the Storm Water Management Plan. The calculations shall be sufficient to provide the preliminary information for design of the project's drainage system, and shall be used to development the project's Storm Water Management PlanIMaintenance Plan (SWMP). The Consultant will prepare a storm water management plan documenting the post-construction BMPs and the selection rationale for Reaches 4 & 5. This study is intended to satisfy requirements of the City's SUSMP. TASK 5 CRT STORM WATER POLLUTION PREVENTION PLAN (SWPPP) REACH 4 & 5 The Consultant will prepare a Storm Water Pollution Prevention Plan. (SWPPP) based on the information obtained as a part of Task4 and other information provided by the Client. The SWPPP will serve as the overall guidance document for project compliance with the Construction General Permit. The purpose of the SWPPP is to identify the potential sources of pollution during construction and the BMPs that must be implemented in the field to control the identified sources. The Consultant will provide a preliminary site assessment to determine the Risk Category for the project under the requirements in the State General Construction Permit (Permit). For Risk Category 2 and 3 sites, the BMPs described in the SWPPP will be specified on a tiered basis, with higher tiers employed as needed based on the results of field sampling. Exceedence of a numeric action level (NAL) will require implementation of the next tier of BMPs for targeting either pH or turbidity. Exceedence of a numeric effluent limit (NEL) may expose the Client to a monetary penalty (see Note 2). The SWPPP will include the following information: o SWPPP Requirements o Project Information o Potential Pollutants o BMPs o Maintenance, Inspection and Repair o Training o Construction Site Monitoring Program o Personnel and Contractor Responsibilities o SWPPP Site Map o Erosion and Sediment Control Plans o Advanced Treatment System Documentation (if applicable) TASK 6 CRT STORM WATER CALCULATIONS REACH 4 & 5 The Consultant will prepare storm water calculations based on the San Diego County Hydrology Manual to compare the Pre-Development and Post-Development conditions for the project. Exhibits showing drainage areas and points of discharge will also be included in this task. This task does not include any design of storm drain systems or hydraulic calculations of proposed or existing storm drain systems. TASK 7 MEETING ATTENDANCE AND COORDINATION RBF Consulting Page 3 of 5 Contract Aqreement for Job Number 55-100673 Februarv 5,201 0 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 of 20 hours are included within the scope of work. This task is to be provided on a Time and Materials basis, which allows the flexibility to respond to the Client's needs in a timely manner. 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, RBF will not exceed the stated budgeted amounts to provide services unless we have obtained Client authorization to do so. NOTES: 1. The SWPPP will be prepared by a Qualified SWPPP Developer (QSD) as required by the Permit and contain the required inspection forms and instructions for their use by the Qualified SWPPP Practitioner (QSP). The Consultant will require the following information from the Client to complete the SWPPP: o Names and contact information for all contractors on the site o Improvement plans for the site o Site geotechnical reports o Construction schedule 2. The Client is aware that the BMPs specified for Risk 3 proiects have been developed to meet the Numeric Effluent Limit (NEL) for turbidity required in the Permit, but that site conditions, BMP implementation and maintenance may all impact performance in the field resulting in a violation of the effluent standard. An NEL violation may subject the Client to a monetary penalty imposed by the Regional Water Quality Control Board. The Client agrees that the Consultant shall not be liable for penalties or fines imposed by the Board or the municipality due to the field performance of erosion and sediment controls. 3. Client is responsible for the payment of all permit fees, penalties and other assessed liabilities, which will be advanced by the Consultant without markup. Risk level 3 sites may require analysis of samples at a laboratory. Laboratory fees will be advanced to the Client by the Consultant without markup. RBF Consulting Page 4 of 5 Contract Aqreement for Job Number 55-100673 Februarv 5. 201 0 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. Agency processing fees. 2. Project Plans in Electronic Format. 3. Grading Plans. 4. Geotechnical investigation and report containing grading recommendations. RBF Consulting Page 5 of 5 Contract Aqreement for Job Number 55-100673 Februaw 5,201 0 EXHIBIT "B" 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 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 ........................................................... CRT SWMP Reach 1 $3,200 SWPPP Reach 1 .................................................................... 3,600 Storm Water Calculations Reach 1 ......................................... 1,500 CRT SWMP Reach 4 & 5 ....................................................... 3,800 SWPPP Reach 4 & 5 .............................................................. 5,200 Storm Water Calculations Reach 4 & 5 ................................... 2,800 Meetings and Coordination (T&M task, Budget Amount) ......... 3,500 .................................................... Reimbursables (Allowance) 1,200 TOTAL $24,80Q 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 (1 5) 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 760.476.9198 Offices located throughout California, Arizona & Nevada www Rt3F.com PWENG715 MASTER AGREEMENT FOR PROFESSIONAL STORM WATER SERVICES (RBF CONSULTING) THIS AGREEMENT is made and entered into as of the 7^~ 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 storm water. 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 storm water. 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 Scott Taylor, 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. 7 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 5^ ^ day of ., 20 0°l . CONTRACTOR: RBF Consulting, a California corporation CITY OF CARLSBAD, a municipal corporation of the State pf California fa (sign ayor A- (print name/title) ATTEST: f .ORR^INE City Clerk (print name/title) (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: A IV A Dbpu1y~Cit9"Attorn City Attorney Approved Version #04/03/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of on dw|. £ , la. J Dati personally appeared J "& before me, O^H/t^ &^w a. I*** ^J<UjJTTJY\ . \^p\&jru rubli£~- ^~ Here Inserf Name and Title o{t[^b Officer i*^ Narne(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. Place Notary Seal Above WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and 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 D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here V*^*^*-^*-*?*^^^^^^©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On /r^-7- Date personally appeared before me,Q To / A) e> ') Here Insert Name'and Title of the Officer r/ Name(s) of Signer(s) CMOVOKMN07D Commltttefl * 1«27362 Not*fy P« Wic - CaWonKi Orange County My Comm. Eipires Jan 15.2013 who proved to me on the basis of satisfactory evidence to be the person(e^ whose name(s)Cis2afe subscribed to the within instrument and acknowledged to me that ;1]iZbhe/they~Bxecuted the same incBtSStreffthetr authorized capacity(ies)7 and that by(£uiZber/their signature^-on the instrument the person^ 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. Place Notary Seal Above WITNESS my hand and official seal. Signature C OPTIONAL Though the information below /s 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: P- Number of pages: Signer(s) Other Than Named /\bove: Capacity(ies) Claimed by Sig 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's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact Trustee D Gbardian or Conservator DOtheN RIGHT THUMBPRINT OF SIGNER £i#S$jti<2<i#«s<SSWE^^ ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item tfSgoKReorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" 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 - Storm Water OFFICE PERSONNELS / hr. ' Project Manager 190.00 Task Manager 177.00 Project Engineer 152.00 Design Engineer 132.00 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 Fee often-percent (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 - Storm Water May 8, 2009 19