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HomeMy WebLinkAboutRight of Way Engineering Services Inc; 2009-10-07; PWENG713PWENG713 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 9 KELLY DRIVE CHANNEL REPAIR PROJECT NO. 6606 Thisx~iinth Project Task Description and Fee Allotment, is entered into on pursuant to an Agreement between RtJ3WT-OF*WAY ENGINEERING SERVICES, INC., a California corporation ("Contractor") and me 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 survey 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 14, 2010 ("proposal"), attached as Appendix "A" for the site topography at the Kelly Drive Channel Repair, (the "Project"). The Project services shall include survey services and preparation of a basemap. 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 thirty (30) 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 lump sum. Appendix "A", 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 $8,745.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT SURVEY AND BASEMAP PREPARATIONS, KELLY DRIVE CHANNEL REPAIR TASK GROUP Task 1 - Survey and basemap preparation for Phase 2, Kelly Drive Channel Repair Task 2 - Survey and basemap preparation for Phase 3, Kelly Drive Channel Repair TOTAL (Not-to-Exceed) LUMP SUM FEE $4,390.00 $4,355.00 $8,745.00 day ofExecuted by Contractor this CONTRACTOR: RIGHT-OF-WAY ENGINEERING SERVICES. INC.. a California corporation (name of Contractor) (sign here) (print name/title) Scf / rsj^ioftZrt T~~ .,2010. RIGHT-OF-WAY ENGINEERING SERVICES. INC.. a California corporation (name of Contractor) By: (sign here) (print name/title) (e-mail address)(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. CIT unicipal corporation of the State of California Date: Gjly Engineer or Authorized Signatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #07.24.02 APPENDIX A Right-Of-Way Engineering Services, Inc. Land Surveying July 14, 2010 Mrs. Sherri Howard City Of Carlsbad Public Works-Engineering 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography of a portion of the drainage channel on the easterly side of Kelly Drive from the end of new construction south to Park Drive. Dear Sherri, Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of work Task -1 Hours Cost 1. Research record maps and as-built maps 1.0 $85.00 2. Locate and tie in record monuments to orient record boundary 2.0 $330.00 3. Control Survey from City of Carlsbad Benchmarks, to establish 4.0 $660.00 NAD 83 horizontal and NGVD 29 vertical Control. 4. Field topography of the existing storm drain channel from fence 12.0 $1,980.00 line to fence line, collecting cross sections at approximately 12.5 intervals from 25 north of the end of new construction to 25 south of the change in concrete, (indicating different construction periods) Major breaks in concrete, expansion joints and storm drain will be located. 5. Preparation of base map at r=20f feet with 1'contours 10.0 $800.00 storm drain as-built information, existing property boundaries, and easement information will be shown. 6. Calculations and note reduction 4.0 $340.00 7. Supervision and coordination 1.0 $95.00 Total (time and material) not to exceed $4,390.00 Task - 2 Hours Cost 1. Field topography of the existing storm drain channel from fence 16.0 $2,640.00 line to fence line, collecting cross sections at approximately 25 intervals from 25 north of the change in concrete, (indicating different construction periods) to the crossing at Park Drive. Major breaks in concrete, expansion joints and any intercepting storm drains will be located. 2. Preparation of base map at 1"= 20 feet with 1' contours, 16.0 $1,280.00 channel bottom profile, storm drain as-built information, existing property boundaries, and easement information will be shown. 3. Calculations and note reduction 4.0 $340.00 4. Supervision and coordination 1.0 $95.00 Total (time and material) not to exceed $4,355.00 615 South Tremont Street • Oceanside, CA 92054 «(760) 637-2700 • FAX (760) 637-2701 • Email row@roweng.net Carlsbad Kelly Drive Storm Drain Channel.doc Note: Coordinates and bearings will be NAD 83 based on City of Carlsbad control record of survey. Thank you for the opportunity to propose on this project. Sincerely, Right-of-Way Engineering Services, Inc. Michael Schlumpberger President 615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email rowtairoweng.net Carlsbad Kelly Drive Storm Drain Channel.doc Right-Of-Way Engineering Services, Inc. Land Surveying RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 E-Mail: row@roweng.net PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 MAERKLE DAM PROJECT NO. 6029 hth Project Task Description and Fee Allotment, is entered into on . dO/b , pursuant to an Agreement between IGHT -'OF-WAY ENGINEERING, INC., a California corporation ("Contractor") and the City of farkbad. ("City") dated October 7, 2009, (the 'Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide survey 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 17, 2010 ("proposal"), attached as Appendix "A for the site topography at the Maerkle Dam, (the "Project"). The Project services shall include aerial mapping of the Maerkle Dam. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer gcJ a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document gcJ a City Purchase Order. Contractor shall complete the work within sixty (60) 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. Payments shall be based on the proposal dated May 17, 2010 and not to exceed the amount on Appendix "A which is attached. Appendix "A", 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 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 invoice the City for work actually performed. The maximum total cost of contractor's services for this Project s ask Description and Fee Allotment is $1,760.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT TOPOGRAPHY SERVICES Executed by Contractor this day of , 2010. TASK GROUP Site topography at Maerkle Dam to provide elevations of monitoring monuments TOTAL (Not-to-Exceed) CONTRACTOR: LUMP SUM FEE $1,760.00 $1,760.00 ht - of - I& Ensrncu/r.e Scruzcr>Zrc, (name of Contractor) (name of Contractor) By: d - By: (sign here) (sign here) ~m~de* 4 (print nameltitle) fl /kc5 ihd Pnc . nr / - (e-mail address) J (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@) signing to bind the corporation. CITY OF CARLSBAPf a muy~al corporation of the State of California By: Date: MAP 2 3-, zo/o -r APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy City Attorney City Attorney Approved Version #07.24.02 Right-of-way Engineering Services, Inc. Land Surveying May 17,2010 Mr. Jase Warner Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Proiect: Maerkle reservoir dam monitoring. Dear Mr. Warner, Per your request, I have prepared a scope of work and related fees to complete the horizontal and vertical dam monitoring and report preparation. Scope of work Task hours cost 1. Provide a precise level loop across dam axis to provide 4.0 $700.00 elevations of monitoring monuments in NGVD 29 values 2. Provide horizontal locations of each monitoring monument 4.0 $700.00 in NAD 83 values (12 positions) 3. Prepare monitoring notes reflecting previous and current 4.0 $360.00 monitoring (elevations and NAD 83 values) Total (time and material) not to exceed $1,760.00 Thank you for the opportunity to propose on this project Sincerely, Right-of-way Engineering Services. Inc Michael Schlumpberger President 615 South Trernont Strect. Oceanstde, CA 92054. (760) 637-2700. FAX (760) 637-2701 . Emall row@rowenr.net Carlsbad Municipal WD Maerklc Monltoringdoc MAERKLE DAM MONITORING POINTS MAERKLE DAM MONITORING POINTS NEW NAD 83 COORDINATES I 3 No. 7790 a SHEET 1 OF 3 SHEETS MAERKLE DAM MONITORING POINTS NEW NAD 83 COORDINATES MAERKLE DAM MONITORING POINTS I I SHEET 3 OF 3 SHEETS PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 INTERSECTION OF PALOMAR AIRPORT ROAD AT COLLEGE BOULEVARD PROJECT NO. 6029 nth Project Task Description and Fee Allotment, is entered into on 'i , pursuant to an Agreement between RIGHTAF:WAY ENGINEERING. INC., a California corporation. ("Contractor") and the City of ~a@d, ("City") dated ~ctober 7, ' 2009, (the "~greement"), the terms of which -are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide survey 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 11, 2010 ("proposal"), attached as Appendix "A for the site topography at the intersection of Palomar Airport Road at College Boulevard, (the "Project"). The Project services shall include aerial mapping of sewer treatment plant. 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 ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) 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 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 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 invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $10,660.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT SURVEY SERVICES Executed by Contractor this 21 day of mav , 2010. I TASK GROUP Site topography for the ~ntersect~on of Palomar Airport Road at College Boulevard TOTAL (Not-to-Exceed) CONTRACTOR: RIGHT-OF-WAY ENGINEERING, INC., RIGHT-OF-WAY ENGINEERING, INC., a California corporation a California corporation LUMP SUM FEE $10,660.00 $10,660.00 (name of Contractor) (name of Contractor) By: - By: (sign here) (sign here) rn,d&,/ L, .+A &, ,-,LP&P~ / (print nameltitle) I 4 PW!~ 7' (print nameltitle) e.5 63 Fo,.>r~ci - nrf- (e-mail address) (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: Date: 6 // 3 /U APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: c/P ~e'puty City ~ttornby - City Attorney Approved Version #07.24.02 l4 Right-of-way ~ngg*~ I *., ,. , Services, Inc. land..-.^, ying RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A Califomia Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signatnre of any other corporate Officer. NOW. THEREFORE. BE IT RESOLVED. that MICHAEL L. SCHLUMPBERGER is hereby ~ - , ~~~~ authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and or related insmunents. for the benefit of the Cornoration. on such terms and conditions as MICHAEI. -- . L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31,2003. -5!!??Zz Michael L. Schlum~bereer . - President =?A&- - Michael L. Schlumpberger Secretary 615 S. Tremont Street . Oceanside, CA 92054 . (760) 637-2700 . FAX (760) 637-2701 E-Mail: row@,roweng.net APPENDIX "A" Right-of-way Engineering Services, Inc. Land Surveying May 17.2010 Mr. Brandon Miles, P.E. City Of Carlsbad Public Works 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Site topography at the intersection of College Boulevard and Palomar Airport Road, from the centerline of Palomar Airport Road north to 50' beyond curb face, extending 300' west of College Boulevard to 400' East. Along College Boulevard from the intersection of Palomar Airport Road north approximately 700', from 50' west of curb face to 50' east of curb face. Dear Brandon, Per your request, I have prepared a scope of work and related fees to complete the design survey and base map preparation. Scope of work Task 1. Research right of way record maps and existing utilities. 2. Tie in sufficient monuments to orient record boundary 3. Control Survey to establish NAD 83, NGVD 29 project control based on the City of Carlsbad control ROS 4. Station street centerline at 25' intervals 5. Perform cross sections on 25' intervals from centerline to 50' beyond face of curb. 6. Perform topography within limits listed above to include curbs gutters, sidewalks, wheel chair ramps, walls, driveways, fences, cart path, cart bridge, drainage structures, retention basin concrete and asphalt. All surface utilities visible to include power poles, sewer manholes (showing rim elevation, invert elevations, pipe sizes and pipe types), storm drains (rim, invert. pipe size and type), existing utility mark out, water meters and irrigation control valves. 7. Note reduction, right of way and centerline calculation 8. Prepare base mapping at I"= 20' feet with 1' contours. right of way, centerline, properly lines and utilities. 9. Merge existing aerial mapping into field topography and recreate the project DTM file 10. Supervision and coordination Total (time and material) not to exceed Thank you for the opportunity to propose on this project. Sincerely, Right-of-way Engineering Services, Inc. %&Z'.J~ Michael Schlumpberger President Hours 4.0 3.0 4.0 Cost $320.00 $480.00 $660.00 PWENG713 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 This sixth Project Task Description and Fee Allotment, is entered into on khCh 19, 26/0 , pursuant to an Agreement between RIGHT OF WAY ENGINEERING SERVICES, INC., 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 survey 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 March 3, 2010, ("proposal"), attached as Appendix "A for future storm drain projects, (the "Project"). The Project services shall include surveying and preparation of a base map. 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 thirty (30) 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 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 won authorization of the City throunh 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 invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $4,300. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT SURVEY SERVICES Executed by Contractor this /5 day of ma pd. ,201 o TASK GROUP 1. Survey and base map preparation for a storm drain off Carlsbad Blvd 2. Survey and base map preparation for a storm drain off Palomar Airport Road TOTAL (Not-to-Exceed) CONTRACTOR: RIGHT-OF-WAY ENGINEERING, INC., RIGHT-OF-WAY ENGINEERING, INC., a California corporation a California corporation LUMP SUM FEE 1,905.00 2,395.00 $4,300.00 (name of Contractor) (name of Contractor) By: (sign here) (print nimeltitle) rn1ke.q crs (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 APPROVED AS TO FORM: RONALD R. BALL, City Attorney OGuty City Attorney Y Date: bz /8 - City Attorney Approved Version #07.24.02 APPENDIX "A" Right-of-way Engineering Services, Inc. Land Surveying March 3,2010 Ms. Sherri Howard City Of Carlsbad Public Works - Engineering 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Topography surrounding an existing drain outlet on the east side of Palomar Airport Road, west of the AT&SF railroad. Dear Sherri. Per your request, I have prepared a scope of work and related fees to complete a topographic survey and base map preparation. Scope of work Task Hours Cost 1. Control Survey to City of Carlsbad Benchmark, establish 2.0 $170.00 NGVD 29 vertical Control. Existing NAD 83 control from Carlsbad Boulevard Survey will be utilized. 2. Field topography of slope area surrounding exiting pipe, 6.0 $990.00 Palomar Airport Road and flat area northeast of the toe of slope. Topography will include concrete, asphalt, storm drain catch basins with detailed pipe sizes and inverts, sewer manholes with detailed pipe sizes and inverts, natural ground, limits of rip-rap, water surface and all surface utilities. 3. Preparation of base map at 1 "= 20' feet with 1' contours showing 6.0 $480.00 existing property boundaries, right of way, and centerline. 4. Calculations and note reduction 2.0 $1 70.00 5. Supervision and coordination 1 .O $95.00 Total (time and material) not to exceed $1,905.00 Project: Topography surrounding an existing drain outlet on the east side of Carlsbad Boulevard, north of La Costa Avenue. Scope of work Task Hours Cost 1. Control Survey to City of Carlsbad Benchmark, establish 2.0 $1 70.00 NGVD 29 vertical Control. Existing NAD 83 control from Carlsbad Boulevard Survey will be utilized. 2. Field topography of slope area surrounding exiting pipe, outfall 8.0 $1,320.00 area at end of pipe and a portion Carlsbad Boulevard. Topography will include concrete, asphalt, storm drain catch basins with detailed pipe sizes and inverts, sewer manholes with detailed pipe sizes and inverts, natural ground, limits of rip-rap, water surface and all surface utilities. 615 South Trernont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Email rowO.rowene.net Carlsbad Palomar Airport Rd Drain.doc 3. Preparation of base map at 1 "= 20' feet with 1' contours showing 8.0 $640.00 existing property boundaries, right of way, and centerline. 4. Calculations and note reduction 2.0 $1 70.00 5. Supervision and coordination 1 .O $95.00 Total (time and material) not to exceed $2,395.00 Total (time and material) Palomar Airport and Carlsbad Boulevard Locations $4,300.00 Note: Coordinates and bearings will be NAD 83 based on City of Carlsbad control record of survey. Thank you for the opportunity to propose on this project. Sincerely, Right-of-way Engineering Services, Inc. 2%&?-zw-. Michael Schlumpberger President 615 South Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Email row@rowencr.net Carlsbad Palomar Airport Rd Drain.doc PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 CALAVERA TREATMENT PLANT DEMOLITION PROJECT NO. 5507 This fifth Prpject Task Description and Fee Allotment, is entered into on //?/,/.-en - /aA, ,A!&./&' , pursuant to an Agreement between RIGHT-OF-WAY ENGINEERING, INC., a California corporation, ("Contractor") and the City of ~arlsbad, ("City") dated ~ctober 7, ' 2009, (the "~greement"), the terms of which -are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide survey 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 11, 201 0 ("proposal"), attached as Appendix "A for the Calavera Treatment Plant Demolition, (the "Project"). The Project services shall include aerial mapping of sewer treatment plant. 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 ten (10) working days after receiving this fully executed document gnJ a City Purchase Order. Contractor shall complete the work within sixty (60) 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 shali Contractor work beyond the ierrn 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 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 invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,265.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT SURVEY SERVICES 7% Executed by Contractor this 5 day of rn,,-~A ,2010. TASK GROUP Additional aerial mapping compilation for Calavera Sewer Treatment Plant TOTAL (Not-to-Exceed) CONTRACTOR: RIGHT-OF-WAY ENGINEERING, INC., RIGHT-OF-WAY ENGINEERING, INC., a California corporation a California corporation LUMP SUM FEE $5,265.00 $5,265.00 (name of Contractor) (name of Contractor) By: - By: (sign here) (sign here) ~gc./ 1, 4*/rr*pke /~rr4ac~/- (print nameltitle) (print nameltitle) mkr- 5e fnl&&?n~ - I?E~-- (e-mail address) J (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. CITYR CARLSBAprqunicipaI corporation of the State of California Date: city Engineer or Authorized Signatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: -. Deputy City ~ttornby City Attorney Approved Version #07.24.02 Right-of-way En ring Services, Inc. Lan RESOLUTIONS ADOPTED BY UNANIMOUS WRITI'EN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of thls Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, andlor related instruments, for the benefit of the Corporation, on such tern and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 3 1, 2003. Michael L. Schlumpberger President =?& Michael L. Schlumpberger Secretary 615 S. Tremont Street Oceanside, CA 92054 (760) 637-2700 . FAX (760) 637-2701 E-Mail: row@roweng.net APPENDIX "A" Right-of-way Engineering Services, Inc. Land Surveying February 11,2010 Mr. Brandon Miles City Of Carlsbad Engineering 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Project: Additional aerial mapping compilation covering the abandon sewer treatment plant west of Tamarack Avenue. Dear Brandon, Scope of work Task Cost 1. Additional aerial mapping compilation to cover the existing $1,320.00 treatment plant facilities. 2. Field Topography to locate facilities not picked up by aerial 16.0 $2,640.00 mapping. 3. Incorporate additional field topography into aerial mapping 12.0 $960.00 in AutoCAD 2007 format, to include parcel boundary, all site fencing and features. 4. Convert existing area already mapped from NAVD 88 to NGVD 29 $250.00 5. Supervision and coordination 1 .O $95.00 Total (time and material) not to exceed $5,265.00 Note: coordinates and bearings will be NAD 83 (1 991.35 epoch) NGVD 29 Vertical based on City of Carlsbad control record of survey. Thank you for the opportunity to propose on this project. Sincerely, Right-of-way Engineering Services, Inc. Michael Schlumpberger President 615 South Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Email row@rowenfz.net Carlsbad Tamarack Treatment Plant Additional Mapping Revised.doc PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 CMP REPLACEMENT PROGRAM AT DATE AND GARFIELD PROJECT NO. 6607 Project Task Description and Fee Allotment, is entered into on A/-ua/*.v B,-~d'/d , pursuant to an Agreement between RIGHT-OF-WAY ENGINEERING INC., 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 survey 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 January 27, 2010, ("proposal"), attached as Appendix "A" for the CMP Replacement Program (Date and Garfield), (the "Project"). The Project services shall include survey of as-built conditions and preparat~on of as-built plans. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description arid 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 thirty (30) work in^ 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. 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 onlv upon authorization of the Citv throuah 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 $1,095.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT SURVEY SERVICES Executed by Contractor this 1 " day of F~TJQV ,2010. TASK GROUP Survey as-built conditions and prepare as-built plans TOTAL (Not-to-Exceed) CONTRACTOR: RIGHT-OF-WAY ENGINEERING, INC., RIGHT-OF-WAY ENGINEERING, INC., a California corporation a California corporation LUMP SUM FEE $1,095.00 $1,095.00 (name of Contractor) (name of Contractor) By: j (sign here) (sign here) P~~AL A"/IIU L. LA/~*A~Q~/ (print nameltitle) (print nameltitle) mIkc5 (e-mail address) (e-mail address) if Contractor is a corporation, this docurnent 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 By: \&A+?: +.- &. 2 City Engineer i APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy City Attorn y Date: z- /@k c City Attorney Approved Version #07.24.02 Right-of-way En ring Services, Inc. Lan RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, andlor related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 3 1,2003. -- Michael L. Schlumpberger - - President Michael L. Schlumpberger Secretary 615 S. Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 E-Mail: row@roweng.net APPENDIX "A" Right-of-way Engineering Services, Inc. Land Surveying January 27,2010 Ms. Sherri Howard City Of Carlsbad Public Works - Engineering 1635 Faraday Avenue Carlsbad, Ca 92008-731 4 Project: As-built the new construction of the storm drain from Date Avenue to Agua Hedionda Lagoon Dear Sherri, Per your request, I have prepared a scope of work and related fees to as-built the new storm drain. Scope of work Task Hours Cost 1. As-built flow lines of new storm drain bends prior to back fill, 4.0 $660.00 pipe alignment and terminus of pipe. 2. Update existing base map with as-built location and elevations 4.0 $340.00 of new pipe. 3. Supervision and coordination 1 .O $95.00 Total (time and material) not to exceed $1,095.00 Note: Time has been allowed for two separate mobilizations if necessary. Thank you for the opportunity to propose on this project. Sincerely, Right-of-way Engineering Services, Inc. Michael ~chlumpberger President 615 South Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Ernail row@rawene.net Carlsbad Date Ave. Garfield St as-built.doc PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 SURVEY SERVICES FOR NORTHWEST QUADRANT STROM DRAIN PROGRAM PROJECT NO. 6608 Project Task Description and Fee Allotment, is entered into on /3/"#A(ILV f?) 20/& , pursuant to an Agreement between RIGHT-OF-WAY EN~NEE~ING, INC., 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 survey 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 January 22, 2010, ("proposal"), attached as Appendix "A for the Northwest Quadrant Storm Drain Program (Crest), (the "Project"). The Project services shall include surveying and preparation of a base map. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Engineer 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 a City Purchase Order. Contractor shall complete the work within thirty (30) working days thereafter. Working aays ate defined in section 6-7.2 "Working Day" cf ti72 Stardard 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. 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 t~me 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 onlv upon authorization of the Citv through 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 invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $1,765. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT SURVEY SERVICES FOR NORTHWEST QUADRANT STROM DRAIN PROGRAM Executed by Contractor this / day of Fdrd~g ,2010. TASK GROUP 1. Surveying and Preparation of a base map TOTAL (Not-to-Exceed) CONTRACTOR: RIGHT-OF-WAY ENGINEERING, INC., RIGHT-OF-WAY ENGINEERING, INC., a California corporation a California corporation LUMP SUM FEE 1,765 $1,765 (name of Contractor) (name of Contractor) By: % By: (sign here) (sign here) fl/& .<~X/L~&G,,/P~&,G/!!~ (print nameltitle) ' (print nameltitle) m/ke 4 @ Cnd~n a, n F,+ (e-mail address) (e-mail address) If Contrzctor is a c~rporaticzn, this dosument 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: APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: ma- Date: ~-/&h/c / g Deputy City ~ttornky City Attorney Approved Version #07.24.02 APPENDIX "A" Right-of-way Engineering Services, Inc. Land Surveying January 22,2010 Ms. Sherri Howard City Of Carlsbad Public Works-Engineering 1635 Faraday Avenue Carlsbad, Ca 92008-731 4 Project: Additional Site topography between Crest Drive and Monroe Street for replacement of a section of failing concrete brow ditch. Dear Sherri. Per your request, I have prepared a scope of work and related fees to complete the additional design survey, and base map preparation. Scope of work Task Hours Cost 1. Perform topography along the existing brow ditch extending 6.0 $990.00 approximately 50' along the brow ditch, 25 uphill and 25 down hill. Topography will include brow ditch, existing HDPE pipe, natural ground and existing trees. 2. Prepare base mapping at I"- 20' feet with 1' contours 8.0 $680.00 and additional boundary information. 3. Supervision and coordination 1 .O $95.00 Total (time and material) not to exceed $1,765.00 Thank you for the opportunity to propose on this project. Sincerely, Right-of-way Engineering Services, Inc. Michael ~chlumpberger President 615 South Trernont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Ernail rowene@,cox.net Carlsbad Crest Street Storm Drain Additional Topography.doc Right-of-way Engineering Services, Inc. Lan RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, andfor related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 3 1,2003. -- Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 E-Mail: row@roweng.net PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PLATS AND LEGALS FOR COASTAL RAIL TRAIL PROJECT NO. 3455 and Fee Allotment, is entered into on , pursuant to an Agreement between Right ia corporation, ("Contractor") and the City of 7, 2009, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide surveying 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 proposals dated December 21, 2009 and December 22, 2009, ("proposal1'), attached as Appendix "A and Appendix "B" for the Coastal Rail Trail, (the "Project"). The Project services shall include the preparation of plats and legal descriptions for various right of way easements and temporary construction easements as outlined in scope of work shown in the attached proposals. 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 three hundred (300) 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 time and materials. Appendix "A and "B", 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 onlv upon authorization of the Citv throunh 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 invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $8,220. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT LAND SURVEYING AND RIGHT-OF-WAY ENGINEERING SERVICES to Executed by Contractor this 4 day of 5'&1)rtd\/ ,2M . TASK GROUP Prepare plats and legal descriptions TOTAL (Not-to-Exceed) CONTRACTOR: LUMP SUM FEE $8,220 $8,220 RIGHT-OF-WAY ENGINEERING, INC., RIGHT-OF-WAY ENGINEERING, INC., a California cor~oration a California cor~oration (name of Contractor) (name of Contractor) By: 7 By: (sign here) (sign here) #Idad L. ~~~/t~ps~rquT/cz.s&~ (print nameltitle) (print nameltitle) ~IXCSB roar- . nc f- (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 oficer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: fi~ City ~nginker or Authorized Signatory APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy City Attorne Date: 1' 2o-/O City Attorney Approved Version #07.24.02 Right-of-way Engi~eering Services, Inc. Lan RESOLUTIONS ADOPTED BY UNANIMOUS WRITFEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, andlor related instruments, for the benefit of the Corporation, on such terms and condtions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 3 1,2003. -- Michael L. Schlumpberger - - President Michael L. Schlumpberger Secretary 615 S. Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 E-Mail: row@roweng.net - Right-of-way Engineering Services, Inc. Land Surveying December 21,2009 Mr. Jacob Moeder City Of Carlsbad Public Works-Engineering 1635 Faraday Avenue Carlsbad, Ca 92008-731 4 Project: Revisions to Carlsbad Bike Path Reach 1 Plat and Legal for area in NCTD parcels APN: 203-054-28 & 155-200-120 Dear Jacob, Per your request, I have prepared a scope of work and related fees to revise the legal description and plat for NCTD parcels affected by the new bike path alignment. Scope of Work-Prepare License agreement Legal Description and Plat Task Hours Cost 1. Revise existing legal description and plat for area of acquisition 6.0 $51 0.00 2. Supervision 1 Coordination 1 .O $95.00 Total (time and materials) not to exceed $605.00 Thank you for the opportunity to propose on this project. Sincerely, Right-of-way Engineering Services, Inc. --- - - Michael Schlumpberger President 615 South Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Email row(~rowenp.net Carlsbad Bike Path NCTD Plat and legal Revisions.doc Right-of-way Engineering Services, Inc. Land Surveying December 22,2009 Mr. Jacob Moeder City Of Carlsbad Public Works-Engineering 1635 Faraday venue - Carlsbad, ~a 92008-7314 Project: Carlsbad Bike Path Reach 4 and 5 Plat and Legal for areas within 7 NCTD parcels, and 2 private parcels. Dear Jacob, Per your request, I have prepared a scope of work and related fees to complete the legal description and plat for parcels affected by the new bike path alignment. Scope of Work-Prepare Legal Descriptions and Plats for permanent or temporary easement acquisition and NCTD License agreement Task Hours Cost 1. Research existing property boundaries within acquisition area 8.0 $680.00 2. Prepare legal description and plat for area of acquisition from 32.0 $2,720.00 NCTD, affecting seven parcels. 3. Prepare legal description and plat for area of temporary 16.0 $1,360.00 construction easement from Wave Crest and Solamar. 4. Revise legal descriptions and plats updating as a result of 28.0 $2,380.00 re-alignment of proposed trail. 5. Supervision 1 Coordination 5.0 $475.00 Total (time and materials) not to exceed $7,615.00 Note: Alignment of bike path within NCTD parcels to be provided by the City of Carlsbad. No title reports will be acquired or reviewed. Thank you for the opportunity to propose on this project. Sincerely, Right-of-way Engineering Services, Inc. Michael Schlumpberger President 615 South Tremont Street. Oceanslde, CA 92054 (760) 637-2700 FAX (760) 637-2701 Email row(2l,roweng.net Carlsbad Bike Path Reach 4 & 5 Plats and legals.doc PROJECT TASK DESCRIPTION AND FEE ALLOTMENT #I PROJECT NO. 6031 ct Task Description and Fee Allotment, is entered into on A 9,zdd~ , pursuant to an Agreement between Right- of-Way Engineering ~enk6< Inc., '("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 land surveying and right-of-way 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 September 30, 2009 ("proposal"), attached as Appendix "A" for a detailed boundary survey of the properties relinquished to the City of Carlsbad by the State along Carlsbad Boulevard, from Cannon Road to the Southerly City Limits, (the "Project"). The Project services shall include the tasks outlined in the scope of work shown in Appendix "A. 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 300 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 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 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 invoice the cCy for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $77,240.00. City Attorney Approved Version #07.24.02 TABLE 1 FEE ALLOTMENT LAND SURVEYING AND RIGHT-OF-WAY ENGINEERING SERVICES 7% Executed by Contractor this 13 day of b/ddem~ ,200 9 . TASK GROUP Boundary surveying services TOTAL (Not-to-Exceed) CONTRACTOR: RIGHT-OF-WAY ENGINEERING, INC., RIGHT-OF-WAY ENGINEERING, INC., a California corporation a California corporation (name of Contractor) (name of Contractor) LUMP SUM FEE $77,240.00 $77,240.00 By: By: (sign here) (sign here) MIPA& -& (print nameltitle) (print nameltitle) (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 By: 5- City ~ngineed \I APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: u-&f Deputy City Atto ey City Attorney Approved Version #07.24.02 Appendix "A" Right-of-way Engineering Services, Inc. Land Surveying September 30, 2009 Mr. John Cahill City Of Carlsbad Public Works - Engineering 1635 Faraday Avenue Carlsbad, Ca 92008-7314 Subject: Boundary Survey encompassing City of Carlsbad properties west of the AT&SF/NCTD Right of Way from Cannon Road to the southerly City limits. Mr. Cahill, After careful review of the County Assessor's parcel maps, ownership records and Caltrans relinquishment maps, I have prepared a scope of work with related fees to perform a detailed boundary survey of the properties relinquished to the City of Carlsbad by the State along Carlsbad Boulevard, from Cannon Road to the southerly City limits. In addition our boundary survey will include all other city owned properties west of the AT&SF/NCTD Right of Way. These include assessors parcel number 210-100-20 at southwesterly corner of Palomar Airport Road and the Railroad W, together with the right of ways of Cannon Road, Palomar Airport Road, Poinsettia Lane, Ponto Road, Ponto Drive and Avenida Encinas. The vast majority of properties covered by this survey were relinquished, dedicated, or acquired by easement, therefore title reports will not be available for much of the area. We will research the required documents in the available records of the County of San Diego, City of Carlsbad, Caltrans and the State of California, Utilizing a title company to provide preliminary reports for parcels adjacent to City owned properties, if necessary, to aid in clearing up any ambiguities that may arise. A Record of Survey will be filed with the County of San Diego re-monumenting lost or obliterated corners and setting additional monuments to perpetuate the boundaries. In the process of preparing the AutoCAD files for the Record of Survey we will format our layers and shapes to enable a smooth transition of the boundaries into the City GIs data base. In addition copies of all research documents and maps will be provided to the City of Carlsbad in digital or hard copy format. Scope of work Task Hours Cost 1. Research documents at the County of San Diego, City of 65.0 $5,525.00 Carlsbad, Caltrans and the State of California. 2. Field boundary survey locating original parcel monumentation, 160.0 $26,400.00 section corners and rancho boundaries referred to in acquisition deeds and relinquishment documents along with existing lines of occupation if necessary. 3. Boundary resolution, document calculation, base map, 180.0 $1 5,300.00 preparation and field note reduction. 4. Prepare a Record of Survey and file with the County of 100.0 $8,000.00 San Diego. 615 South Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Email row@rowene.net Carlsbad Carlsbad Blvd Record of Survey Cannon to La Costa.doc Scope of work - continued Task Hours Cost 5. Set missing right of way monuments, lost or obliterated 80.0 $13,200.00 corners and additional monuments to perpetuate boundaries. 6. Title company Reports, deed search and documents $4,000.00 7. County of San Diego Filing fees $1,015.00 8. Supervision and coordination 40.0 $3,800.00 Total (time and material) not to exceed $77,240.00 Upon receiving notice to proceed we will extend our research base map preparation on Carlsbad Boulevard, developing a record location for all monuments that will be required to properly define the areas of survey. As these record locations are determined our field crews will be searching for monuments utilizing our established GPS network, based on City of Carlsbad control. Once located a precise ground traverse will be made tying in all found monuments. When we begin to ascertain the exact location of monuments our record boundary will be refined and our search for monuments extended if necessary. Once satisfied that we have located all existing monuments we will transform the base calculation drawing into a Record of Survey format for submittal to the County of San Diego for review and recordation. Upon return of the initial review, we will set the final monumentation. From notice to proceed to our initial submittal to the County I estimate four months. After return of our initial review to completion of the final monumentation I estimate three weeks. The County of San Diego recently required almost three months to check a small Record of Survey, I currently have a medium size survey submitted with no indication of when it will be reviewed. We will work diligently to properly complete this survey as expediently as possible. Thank you for the opportunity to propose on this project. Sincerely, Right-of-way Engineering Services, Inc. mGdZ-2 w- Michael Schlumpberger President 615 South Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 Email row@rowena.net Carlsbad Carlsbad Blvd Record of Survey Cannon to La Costa.doc Right-of-way Services, Inc. RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A California corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate Officer. NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby authorized and directed to act alone in signing any and all corporate documents of any lund or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 3 1, 2003. -- Michael L. Schlumpberger President Michael L. Schlumpberger Secretary 615 S. Tremont Street Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 E-Mail: row@roweng.net PWENG713 MASTER AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES (RIGHT-OF-WAY ENGINEERING SERVICES, INC.) THIS AGREEMENT is made and entered into as of the I'*3- _ day of 2009, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City"- and RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in surveying. 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 surveying. 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: For Contractor: Name William Plummer Name Michael Schlumpberger, PLS Title Deputy City Engineer Title President Dept Public Works-Engineering Design CITY OF CARLSBAD RIGHT-OF-WAY ENGINEERING SERVICES, INC. Address 1635 Faraday Avenue Address 615 South Tremont Street Carlsbad, CA 92008 Oceanside, CA 92054 Phone No. (760) 602-2768 Phone No. (760) 637-2700 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_^__2 day of CONTRACTOR: RIGHT-OF-WAY ENGINEERING SERVICES INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) *J - By: City Mcmagow Mayor (print name/title) ATTEST: (e-mail address) By: (sign here)L0RRAirtfc M. wqbto ity (print name/title) (e-mail address) -,, x '''"iimi^ (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: City Attorney Approved Version #04/03/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of <ri£y>^ On bmJ^U-.OcO^I before me, Date personally appeared Ml<LU.JVf^L Name(s) of Signer(s) JOEY LUDWICZAK Commission # 1794508 Notary Public - California | San Diego County - My Cortm Expires Apr26.2012 | who proved to me on the basis of satisfactory evidence to be the person(?) whose name(a) ig/afe subscribed to the within instrument and acknowledged to me that he/sJaeZttifiy executed the same injiie/bsfifthetr authorized capacity(jes), and that by hjs/fcior/thoiii--Gignature(s)- on the instrument the person(s), or the entity upon behalf of which the persowfs) 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 an Signature L icial seal. OPTIONAL Though the information below is not required by law, it may prove valuable to personitisfymg-eiilhejiocument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Nu Signer(s) Other Than Named Above: of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name:. D Individual D Corporate Officer — Title(s): D Partner — D Limited D Gep D Attorney in Fact D Trustee D Guardian or Cptlservator D Other: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signerls 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 ©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" Right-of-Way Engineering Services, Inc. SOQ City of Carlsbad Civil Engineering - Surveying Multiple Tasks Given the opportunity to provide services on multiple projects at the same time we analyze the project task and identify key mile stones for each project, we then develop a schedule for eaeh project based on the desired completion date, with the schedule for each project established'we will combine similar tasks such as boundary research, utility research and establishment of project control enabling more efficient completion of each task. Right-of-Way Engineering demonstrated our ability to coordinate several projects simultaneously in December of 2007, completing Manhole locations and detailing in the area of Ocean Street, providing topographic base mapping for the Scandia Inn Storm Drain Project, providing topographic base mapping for Chestnut Avenue Storm Drain and providing topographic base mapping for Pio Pico Storm Drain for the City of Carlsbad. RATE SCHEDULE Field Survey Crew (2 man) prevailing wage Robert Gates, Dave De La Torre, Josh Tatman, and other International Operating Engineers Local 1 2 surveyors Office calculations, map drafting, legal description and plat Preparation, boundary calculation, note reduction Michael Schlumpberger, Ernie Vasquez, Staff AutoCAD Drafting, base map preparation $165.00 $85.00 $80.00 Ernie Vasquez, Josh Tatman, Staff Office Supervisor $90,00 Michael Schlumpberger, Ernie Vasquez Supervising Land Surveyor Michael Schlumpberger Title reports, aerial photogrammetry S95.00 Cost + 5% Standard Contract Agreement Right-of-Way Engineering Services has reviewed the City of Carlsbad Standard Professional Services agreement, currently carries insurance coverage more than sufficient to satisfy the requirements, and agrees with all terms and conditions of the contract. Professional Survey Services provided • Topographic survey • Construction Staking - ail aspects * • Topography drafting, plan and profile, • Control networks horizontal and vertical cross sections, spot elevations, contours * Mass grading quantity calculation and • Plat and legal preparation tracking • Land net creation for roadways, pipelines • Hydrographic survey and building sites • Parcel maps, Subdivision maps • Boundary surveys, corner records, records • Aerial mapping of survey • Drafting services, plan drafting from • Boundary line adjustments, certificate of engineer's redlines compliance