CITY OF RANCHO SANTA MARGARITA CITY COUNCIL STAFF REPORT

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1 Page 1 CITY OF RANCHO SANTA MARGARITA CITY COUNCIL STAFF REPORT DATE: March 27, 2013 TO: City Council of the City of Rancho Santa Margarita FROM: Jennifer M. Cervantez, City Manager ~ BY: E. (Max) Maximous, City Engineer ;Jd\ SUBJECT: Proposed Amendment No. 1 to the Professional Services Agreement with Hartzog & Crabill, Inc., for the Provision of Continued Professional Traffic Engineering and Traffic Signal Management Services Recommendation That the City Council: 1) Approve proposed contract Amendment No. 1 with Hartzog & Crabill, Inc., to extend the term of the current professional services agreement through June 30, 2015, and to increase the total contract amount by $84,000 in order to account for the two-year term extension; and 2) Authorize the Mayor to execute the proposed Amendment No. 1 to the professional services agreement with Hartzog & Crabill, Inc., for Professional Traffic Engineering and Traffic Signal Management Services. Background On July 1, 2010, the City entered into a professional services agreement with Hartzog & Crabill, Inc., (Hartzog & Crabill) to provide professional traffic engineering and traffic signal management contract services (Attachment A). The professional services agreement with Hartzog & Crabill provides all necessary traffic signal management services required to maintain the operations of the City's traffic signal system. The current professional services agreement, which is scheduled to automatically expire on June 30, 2013, by operation of its own terms, includes provisions for extension of the contract by mutual written agreement between the parties. Hartzog & Crabill has prepared a letter proposal, dated February 21, 2013, (Attachment B) to facilitate the proposed two-year contract extension. Staff is recommending an amendment (Attachment B) to the current professional services agreement in order to extend Hartzog & Crabill's contract to June 30, 2015, and to increase the total maximum contract amount to include the additional work and services /27/13 Item No. 4.9

2 Amendment No. 1 to Agreement for Traffic Signal Management Consultant Services March 27, 2013 Page 2 of 3 Page 2 necessary for the maintenance of the operations of the City's traffic signal system throughout the duration of the agreement. Discussion Currently, the majority of the efforts engaged by Hartzog & Crabill under the current professional services agreement consist of providing professional traffic engineering consulting services related to the management of the City's traffic signal system operations. This entails overseeing the signal timing for the City's 52 traffic signal controlled intersections, as well as the management of the Aries Traffic Management System software currently employed for signal systems management. Hartzog & Crabill has successfully performed the services in the current professional services agreement for professional traffic engineering and traffic signal management services and has a unique and intimate knowledge of the City's traffic signal network. Staff is therefore now recommending a two-year extension in accordance with City Council policy. In addition, during the current fiscal year 2012/13, a higher volume of requests were made to Hartzog & Crabill to review and adjust the signal timing and operations due to various unique circumstances such as: High volume of development reviews Emergency response to signal outages Speed survey updates City project support Signal warrant support. Sufficient funds are available in the current budgeted fiscal year's Traffic Engineering account for this higher volume of work through other savings realized throughout the year. However, Hartzog & Crabill is trending toward an overage in their maximum contract amount due to this unforeseen additional work. Along with allowing for the two year extension, the proposed contract amendment will also authorize compensation for additional professional services if the anticipated cost overage is realized. All terms and conditions of the current professional services agreement will remain in full force and effect except for the recommended increase in the total maximum contract amount as detailed below, the proposed two-year extension of the contract term, the inclusion of a revised and updated Schedule of Hourly Rates and additional assigned personnel, and additional contractual (task order) controls. Fiscal Impact As previously stated, unless amended by mutual consent of the parties, the current agreement between the City and Hartzog & Crabill is scheduled to expire on June 30, 2013, by operation of its own terms. To facilitate a two-year contract extension, Hartzog

3 Amendment No. 1 to Agreement for Traffic Signal Management Consultant Services March 27, 2013 Page 3 of 3 Page 3 & Crabill has submitted a letter proposal agreeing to continue traffic engineering and traffic signal management services by maintaining the same hourly rates established in the current agreement throughout the term of the two-year extension. City staff anticipates that the annual appropriated amounts will remain at $38,000 throughout the two year extension with an additional approximate 10% contingency amount bringing the total to $42,000 per year or $84,000 for both years. This 1 0% contingency will provide flexibility to react to unforeseen work, similar to that noted above, without additional staff and legal costs necessary to amend the contract. Staff is therefore recommending that the total maximum contract amount be increased by $84,000 from $114,000 to $198,000. This will allow for the two year extension as well as the additional work experienced this fiscal year, as previously noted. Alternatives The City Council could choose to direct staff to issue a request for proposals, select, and negotiate a new contract with another qualified traffic engineering firm. Although there are a select few qualified firms that can perform these types of professional services, there is no guarantee that a more competitive fee will be received than the one offered by the firm of Hartzog & Crabill. Furthermore, Hartzog & Crabill has extensive local knowledge and is uniquely qualified to perform this work as the firm has previously maintained the City's traffic signal system. Conclusion Hartzog & Crabill's three-year professional services agreement with the City for contract traffic engineering and traffic signal management services is in its final year and is currently set to expire on June 30, Because Hartzog & Crabill has agreed to maintain its current professional hourly rates for the duration of the proposed contract extension period, and because Hartzog & Crabill has performed well during the term of the agreement, staff recommends extending the term of the agreement for two years. The proposed Amendment No. 1 will extend the term of the agreement through June 30, The proposed Amendment No. 1 will also correspondingly increase the total maximum contract amount as noted above. Staff therefore recommends approval of the proposed Amendment No. 1, a copy of which is included as Attachment B. Attachments A. Copy of Current Professional Services Agreement with Hartzog & Crabill, Inc. B. Proposed Amendment No. 1 to Current Professional Services Agreement with Hartzog & Crabill, Inc., and February 21, 2013 Letter Proposal

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5 Page 5 PROFESSIONAL SERVICES AGREEMENT Hartzog & Crabill, Inc. (Contract Traffic Engineering Services- Traffic Signal Management Services) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this 1st day of July 2010, by and between the CITY OF RANCHO SANTA MARGARITA, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as "City") and HARTZOG & CRABILL, INC., a California corporation (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as ''Party'' and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need to retain the professional services of a licensed professional traffic engilleering consulting firm to provide the City with regular off-site monitoring of the City's traffic signal system; including, but not limited to, traffic signal operations, timing detection, synchronization, and other traffic engineering ancillary services. (the "Project"). B. Consultant has submitted to City a proposal, dated June 4, 2010, to provide professional traffic signal system monitoring services to City for the Project pursuant to the terms of this Agreement. C. Consultant is qualified by vlltue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. -NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. SERVICES OF CONSULTANT AGREEMENT 1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Proposal/Scope of Work, dated June 4, 2010, which is attached hereto as Exhibit "A" and is incorporated herein by reference (hereinafter referred to as the "Services" or ''Work"). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work shall be performed in a skillful and competent manner and shalf be held to a standard of quality Page 1 of20 ATTACHMENT A

6 Page 6 and workmanship prevalent in the industry for such service and work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Consultant represents and warrants that it and all of its employees and subcontractors providing services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant's signed, original June 4, 2010 proposal submitted to the City "("Consultant's Proposal"), which shall be referred to collectively hereinafter as the "Contract Documents." The Consultant's Proposal, attached hereto as Exlnbit. "A," is hereby incorporated by reference and is made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms of this Agreement; and, (2nd) the provisions of the Consultant's Proposal. 1.3 Compliance with Law. Consultant shall comply with all applicable Federal, State, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. 1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any services, Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiaritv with Work. By executing this Agreement, Consultant warrants that it (a) has thoroughly investigated and considered the Scope ofwork or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services herelmder. Should the Page2 of20

7 Page 7 Consultant discover any latent or unknown conditions that will materially affect the perfonnance of the Services hereunder, Consultant shall immediately infonn the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City, 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perfonn their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the servic~s specifically set forth in the Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Work exceeds any time or material amounts or estimates provided therein. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall emoll in thee-verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to thee-verify program can be found at or access the registration page at Consultant shall certify its registration withe-verify and provide City its registration number within sixteen days of the Page 3 of20

8 Page 8 effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation/Fees, which is attached hereto as Exhibit "A" and is incorporated herein by reference, but not exceeding the total maximum contract amount of one hundred fourteen thousand dollars ($114,000), which sum shall not exceed thirty-eight thousand dollars ($38,000.00) per Fiscal Year during the term of this Agreement (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "A". Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation!Fees. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Work may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Work. The maximum amount of City's payment obligation under this section is the amount specified herein. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the City's part for further payment beyond the Maximum Contract Amount Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit "A"), in any month in which Consultant wishes to receive payment, no later than the tenth (1 0) working day of such month, Consultant shall submit to the City, in a form approved by the City's finance manager, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not Page 4 of20

9 Page 9 included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Rancho Santa Margarita City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance (Exhibit "A"). 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "A" and is incorporated herein by reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services- rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's deten:nination shall be fmal and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for three (3) years until June 30, 2013, except as may otherwise be provided in the Schedule of Performance (Exhibit "A") and pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties. Page 5 of20

10 Page COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all deci~ions in connection therewith: Trammell Hartzog. President. It is expressly understood that the experience, knowledge, education; capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant 1 s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Aga~_st _Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Contractor. Page 6 of20

11 Page 11 A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services.under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise ajoint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professiqnal fees paid to Consultant as provided for in this Agreement, City shall not pay salaries~ wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such fmancial obligations. 5. INSURANCE 5.1 TYJ)es of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. Insurance required herein shall be provided by an authorized insurance company and admitted in the State of California and having a minimum A.M. Best's Guide Rating of A~, Class VII or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circmnstances. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall Page? of20

12 Page 12 immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, professional. liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per claim or occurrence and two million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant may be required by City to procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terrils of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended ''tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect tbroughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all. other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. Page 8 of20

13 Page 13 C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations. (1) The commercial general liability policy shall name the City ofrancho Santa Margarita as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language-. (2) Consultant either: (a) shall certify in writing to the City that Consultant is unaware of any liability claims made against Consultant, and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a),. Consultant may be required by City to procure from the commercial general liability insurer an endorsement providing that the required limits of the policy shall apply separately to occurrences during the rendition of services pursuant to this Agreement. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,-oOO,OOO.OO) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and selfinsured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10, Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: The required commercial general and business automobile liability policies shall be endorsed to state that City and its officers, council members, officials, employees, agents, and volunteers shall be covered as additional insureds with respect to liability arising out of all work or seryices performed by Consultant pursuant to this Agreement. The coverage shall contain no special limitations on Page 9 of20

14 Page 14 the scope of protection afforded to additional insureds. Additional insured endorsements are not required for the professional liability and workers' compensation policies For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by, the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, council members, officials, employees, agents, and volunteers, and their respective insurers Any failure by Consultant to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified by either Party, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing in this subsection, if coverage is to be suspended, voided, or cancelled because of Consultant's failure to pay the insurance premium, the notice provided to City shall be by ten (1 0) days prior written notice All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing The required insurance endorsements shall not contain any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will 11 endeavorrr (as opposed to being r~quired) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Page 10 o 20

15 Page 15 Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein Consultant agrees to ensure that subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (1 0) days prior to expiration of the lapsing coverage Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given prilicy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. Page 11 of20

16 Page Verification of Coverage. Consultant shall furnish City original certificates of insurance and endorsements, including additional insured endorsements, in a form acceptable to the City, affecting all of the coverages required by this section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Consultant shall provide to City all certificates and endorsements required by this section before commencing any work on the Project. Consultant shah furnish, at City's request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage. 6. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indenmify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its officers, council members, officials, employees, agents and volunteers and all other public agencies whose approval of the Project is required, (individually "Indemnified Party''; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitratimi awards, settlements, costs, demands, orders, and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligent acts or omissions, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant'~ failure to perform an.y term, provision, covenant, or condition of this Agreement (''Indemnified Claims"). Such obligation to defend, hold harmless, and indemnify any of the Indemnified Parties shall not apply to the extent that such Claims are caused by the sole negligence, active negligence, or willful misconduct of such Indemnified Parties. Consultant s4all reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The ~ ~. - determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute oflimitations or, if an action is timely filed, until such action is final. 7. REPORTSANDRECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records Page 12 of20

17 Page 17 and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an umestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered con::fidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City,. such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date_ of final payment by City hereunder. Page 13 of20

18 Page ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition; the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty ( 60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he shall notify Consultant in writing of such default. Consultant shall have ten (1 0) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that noth1ng herein shall limit City's right to terminate this Agreement without Page 14 of20

19 Page 19 cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in tbis Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or. petitioner of the litigation or non-judicial proceeding within tbirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any Page 15 of20

20 Page 20 default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that is has not paid or given and. will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreemerit, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and sele~tion for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyri2:ht Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, prov.ided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtal11 for City the right to use and sell the item, or shall substitute an Page 16 of20

21 Page 21 equivalent item acceptable to City and extend this patent and copyright indemnity thereto Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight ( 48) hours by letter mailed or delivered. Other forms of electronic transmission such as s, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other commuriications shall be addressed as follows: To City: To Consultant: City of Rancho Santa Margarita Attention: Director of Public Works/City Engineer El Paseo Rancho Santa Margarita, California Telephone: (949) Facsimile: (949) Hartzog & Crabill, fuc. Attention: Trammell Hartzog, President 275 Centennial Way, Suite 208 Tustin, California Telephone: (714) Facsimile: (714) Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, ajj.d understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties, successors and assignees Third Party Beneficiarv. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed Page 17 of20

22 Page 22 as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same Corporate Authority, Each of the undersigned represents and warrants that (i) the Party for which he is executing this Agreement is duly authorized and existing, (ii) he is duly authorized to execute and deliver this Agreement on behalf of the Party for which he is signing, (iii) by so executing this Agreement, the Party for which he is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he is signing is bound Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] Page 18 of20

23 Page 23 IN WITNESS W1-IEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "CITY" CITY OF RANCHO SANTA MARGARITA, a Califomi Mayor (SEAL) "CONSULTANT" Hartzog & Crabill, Inc., a California ~0~~ Trammell Hartzo GeraldJ. Stoc, P.., T.E., Executive Vi President/Secreta Page 19 of20

24 Page 24 EXHIBIT "A" JUNE 4, 2010 PROPOSAL/ SCOPE OF WORK INCLUDING, SCHEDULE OF PERFORMANCE AND SCHEDULE OF COMPENSATION/ FEES Page 20 of20

25 Page 25 rs:-hartzog& I C CRABI'Ll,lnc. Trammell Hartzog, President Jeny Crabill, P.E., (Retired) Gerald J. Stock, F.E., BxeGutive Vice President 275 Centennial Way Suite208 Tustin, CA Phone: (714) FAX: (714) June4,2010 Mr. Derek Wieske, P.E. Director of Public WorksiCity Engineer City of Rancho Santa Margarita El Paseo Rancho Santa Margarita, CA SUBJECT: PROPOSAL FOR PROFESSIONAL TRAFFIC SIGNAL MANAGEMENT SERVICES Dear l\1r. Wieske: Hartzog & Crab:i14 Inc. (HCI) is pleased to submit this proposal to the City of Rancho Santa Margarita to provide Traffic Signal Management Services. As we are the incumbent finn, HCI proposes to continue providing these professional engineering services to the City addressing all applicable tasks identified in the City's Request for Proposal (RFP), dated March 16, HC! has thoroughly examined and become familiar with the work required under thls RFP, and is capable of performing quality work to achieve the City's objectives under a new 3-year contract. As you may know, I am president and co-owner of HCI, a California corporation, and am authorized to commit to contractual terms and conditions resulting from this submittal. Gerald J. Stock, P.E., is vice-president and also co-owner ofhci. During the past nine years, City and HCI staffs have established the foundation for a viable, responsive traffic engineering function. We look forward to sharing our experience and expertise in building on this foundation toward a goal of ever-improving traffic safety and efficiency in the City of Rancho Santa Margarita. If selected, Mr. Gerald J. Stock, PE, TE, and myself will remain as the principal representatives from HCI to provide the requested services to the City of Rancho Santa Margarita. HCI is proposing this project as a sole prime contractor, and does not intend on using any sub-contractors. The attached proposal will remain valid for a period of not less than (90) days from the date oftbis submittal letter. Consulting Traffic Engineers to Government Agencies

26 Page 26 Mr. Derek Wieske, P.E. June4, 2010 Page2 of2 We encourage the City to contact our references listed in our proposal, solicit additional information regarding our firm's personnel and qualifications, and even visit our office at your convenience to see our automated traffic signal system operation first hand. By signing this cover letter of transmittal below, I attest that all lnfonnation submitted in the attached proposal is true and correct. On behalf of our entire HCI sta.f:t: we sincerely appreciate the opportunity to submit the attached proposal for being considered to continue serving your community. Very truly yours, HARTZOG & CRABJLL, INC. ~ ~ Trammell Hartzog President U HARTZOG & CRABILL, INC. ~-~IF- ''/ Gerald J. Stock,.E., T.E. Executive Vice esident City & Traffic Engineering Services Attach: Proposal

27 Page 27 PROPOSAL FOR PROFESSIONAL TRAFFIC SIGNAL MANAGE:MENT SERVICES Prepared for: City of Rancho Santa Margarita EI Paseo Rancho Santa Margarita, CA Attention: Mr. Derek Wieske, P.E. Director of Public Works/City Engineer Presented by: Hartzog & Crabill, Inc. Traffic Engineers 275 Centennial Way, Suite 208 Tustin, CA (714) c (_.. H_ARTZOG &. CRABILL, Inc. c June 4, 2010

28 Page 28 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA Table of Contents Description Section Page No.{s) Cover Letter - Company Data Resumes and Qualifications ofpersonnel A B C (3) Employee Resumes (attached to proposal) Organizational Chart References Overview and Approach Transition Plan Compensation I Payment Schedule D E F G I Schedule of Hourly Rates (attached to proposal) Certificate of fusurance (attached to proposal) Certification of Proposal Appendix C (attached to proposal) Appendix B (attached to proposal) Non-Collusion Affidavit (attached to proposal)

29 Page 29 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA B. COMPANYDATA: Our legal name and lnformation for contractual purposes is provided below: Hartzog & Crabill, Inc. 275 Centennial Way, Suite208 TUstin, CA Phone(714) Fax (714) Federal Tax ID # Attn: Attn: Or Mr. Trammell Hartzog, President Mr. Gerald J. Stock, Vice President Hartzog & Crabill, Inc. is a private traffic engineering consulting company that has been in business since 1993 offering the same types of services under the same name. Trammell Hartzog is the president and co-owner of Hartzog & Crabill, Inc, which is a California cotporation, and is authorized to commit to contractual terms and conditions resulting from this submittal. Gerald J. Stock, PE, TE isihe vice-president and also co-owner of Hartzog & Crabill, Inc., and is also authmized to commit to contractual terms and conditions resulting from this submittal. Comparable contracts during the last five years: 1) Cir1 of Cypress, City Traffic Engineering & Signal Operations Services, Mr. Keith Carter, Associate Engineer-Traffic, (714) (since 2000) 2) City of Laguna Hills, City Traffic Engineering & Signal Operations Services, Mr. Ken Rosenfield, PE, Director of Public Services, (949) (since 2000) 3) City of Tustin, City Traffic Engineering & Signal Operations Services, Mr. Terry Lutz, Principal Engineer, (714) (since 1994) 4) City of Yorba Linda, On-Call City Traffic Engineering Contract Se1vices, Mr. Tony Wang, Traffic Engineering Manager, (714) (since 1994) Hartzog & Crabill, Inc. bas had no failures or refusals in completing a contract, and has no other financial interests in other lines ofbusiness. Page 1

30 Page 30 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA DESCRIPTION OF FIRM HCI is a consulting engineering firm specializing in serving local government agencies with a full array of engineering services,.including servmg several of our client cities as contract City Traffic Engineer, contract City Engineer, and "on-call" City Traffic Engineer. Specific to traffic engineering and transportation planning, HCI performs various traffic studies including, but :not limited to, the following: Preparation and review of traffic impact analyses; warrant analyses for traffic control devices (traffic signals, flashing beacons, Stop signs, crosswalks); engineering and traffic surveys for establishing speed limits; traffic signal and striping plans, specifications, and estimates (PS&E); development and design of traffic signal coordination systems; on-going remote and local (offsite/on-site) management of traffic signal systems; traffic control plans; and assist cities with coordination of services completed by their traffic signal maintenance contractor. HCI also provides construction observation services on behalf of the City relative to the installation of new or upgraded traffic signals, lighting, and copper/fiber optic interconnect communications.in order to velify compliance with approved PS&E. Additional services provided by HCI include land survey; plan-checking and approval of subdivision. maps; civil engineering design; grading/drainage plan. checking; landscape architecture including minor public art. ' Since its inception in 1993, HCI has proven itself as a leader in client satisfaction through successful project completion. Tbis is evident in the continued and long-standing relationships we have maintained with our numerous client cities. The successes are attributed to the nhands on 11 approach that is demonstrated by our principals, Mr. Trammell Hartzog and Mr. Jerry Stock, as well as other staff members. Mr. Hartzog's experience covers nearly (43) years involving a specialization and unmatched expertise in traffic signal design, signal operations, and signal system coordination. Mr. Stock is a registered Civil and Traffic Engineer, whose experience covers over (20) years, and has.been serving the City of Bell:flower as both contract City and Traffic Eng!.w.eer for over (9) years. }vfr. 1-1a's exjierlence specifically related to traffic engineering covers over (9) years. In addition to our technical expertise, a cornerstone of HCI's success is our work ethic, loyalty to our client cities, completion of assigned tasks on schedule, and ability to effectively communicate with the public, City staff, and elected officials. LOCATION The firm's Tustin office location, near the Santa Ana (l-5) and Costa Mesa (SR-55) Freeways, provides quick and easy access to the majority of our client cities. The office and its employee's total (12) individuals who comprise a complete staff of professional engineers and support technicians where all work products are prepared. All design and drafting work is accomplished using state-of-the-art AutoCAD software and personal office computers. Page2

31 Page 31 Pr-oposal to Provide Trcif.fic Engineering Services for the City of Rancho San~a Margarita, CA TYPICAL SERVICES Working with numerous Southern California cities, HCI has been responsible for directing the activities of Traffic Divisions, providing expertise to City Engineering and Planning staffs, and responding to requests, inquiries and concerns of citizens and City Council members; typical of the needs as identified by the City of Rancho Santa Margarita for traffic engineering services. From our office location, HCI continuously operates (19) agencies' citywide traffic signal systems. The local agencies where HCI operates and maintains the coordination timing for traffic signals are the followmg cities: Aliso Viejo, Cerritos, Chlno Hills, Cypress, Glendora, Indio, La Palma, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Elsinore, Los Alamitos, Moorpark, Rancho Santa Margarita, San Juan Capistrano, Stanton, Tustin, Yorba Linda, and Yucaipa. Our overall services available to the City of Rancho Santa Margarita include the following: Contract City Traffic Engineering Remote and local (off-site/on-site) management of traffic signals Traffic signal design Signjng and striping design Warrant analyses for traffic control devices, such as traffic signals, Stop signs, crosswalks Engineering and Traffic Surveys for establishing speed limits Develop, design and implement traffic signal coordination systems Develop and implement traffic signal timing plans Traffic management plans (traffic control plans) Preparation and review of traffic impact analyses Review all proposed improvements, development, site and traffic management plans to ensure conformance with applicable standards (City, AASHTO, CaL MUTCD, etc.) Develop tra..ffi.c-related conditions of approval for planning <>nd development applications Identify and prepare applications for public improvement fimds/grants Coordination of activities of our client cities' traffic maintenance contractor Land surveying/plan-checking and approval of subdivision maps Civil engineering design Grading/drainage plan-checking Landscape architecture Public art enhancements of existing public improvements Expert Witness and Consultation for Litigation All other traffic-related impact reports, surveys and analyses Page3

32 Page 32 Proposal to Provide Trojfic Engineering Services for the City of Rancho Santa Margarita, CA C. RESUMES AND QUALIFICATIONS OF PERSONNEL: HCI staff is comprised of twelve (12) engineering professionals and technicians who have the proven ability and expertise to meet the ever-changing, challenging needs of the modem city. Following are summary qualifications of our proposed staffing plan (full resumes follow): Project Manager-Mr. Trammell Hartzog~ Principal Mr. Hartzog has served as Project Manager for the City and will continue to be the primary contact between HCI and the City of Rancho Santa Margarita. As Project Manager in cbarge of these traffic engineering and traffic signal management services, he will ensure that communication between the City of Rancho Santa Margarita and HCI occurs at regular intervals. As mentioned, with over ( 40) years of expe1ience, he is a recognized expert in the area of traffic signal design and operatl<ytrs. :MI. Hartzog has timed mote than (850) traffic signals ana presently proviaes traffic signal operations services to (19) Southern California cities. Mr. Gerald J. Stock, PE, TE- CiviVTraffic Principal Engineer Mr. Stock is a registered professional Civil and Traffic Engineer with more than (20) years of municipal engineering experience. Mr. Stock presently serves the City of Bellilower as contract City Engineer and City Traffic Engineer since November Just prior he also served the City of Norwalk as City Engineer, as a member of City staff. Additionally, Mr. Stock currently provides On-Call Traffic Engineering services to the Cities of Chino, Hermosa Beach, Laguna Hills and Yucaipa. As such, he has :first-hand experience with the day-to-day challenges, as well as opportunities, for the development of solutions to a variety of traffic and transportation-related issues. Mr. Stock is currently assisting the Cities of Bellflower and Chino by establishing Conditions of Approval for development and planning applications. :Mr. Stock is also assisting the Cities of Bellflower, Chino, and Hennosa Beach with review of traffic impact analysis reports, as well as the preparation of such reports for redevelopment projects in the City of Bellflower. Recently, Mr. Stock developed a prioritized inventory of traffic signal :improvements as part of the development of the City's Capital Improvement Program (CIP). The results of this effort were also used for the successful application of Federal Hazard Elimination Safety (HES) funds to construct two (2) traffic signal upgrades. OTHERHCI PERSONNEL AVAILABLE TO SERVE THE CITY Mr. Greg Cabey- Traffic Signal Systems Supervisor rvfr. Cabey brrugs over (20) years of traffic signal experience to the HCI tea:i:n and will be involved m many aspects of the traffic signal timing management tasks. Prior to HCI, Mr. Cabey was a Lead Technician for Peek Traffic for over (12) years. It should be noted that Mr. Cabey spent much of his time at Peek Traffic within the Orange County area, as this was one of several areas assigned to him. This experience has allowed him to retain in-depth knowledge on the types of controllers in the area's traffic signal system. His extensive field experience with signal systems and timing will aid m the complete success of this traffic signal management services. Page4

33 Page 33 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA D. ORGANIZATIONAL CHART: 1. TRAFFIC SIGNAL IVfANAOEMENT SERVICES (OFF-SITE): Mr. Trammell Hartzog, Principal, Project Manager OTHER STAFFAVAILABLETO AS"SISTTHE CITY/PROffiCTMANAGER: 1vfr. Gerald J. Stock, PE, TE- Civil!Traffic Principal Engineer Mr. Greg Cabey - Traffic Signal Systems Supervisor E. REFERENCES: HCI has extensive experience in the preparation of plans, specifications and estimates (PS&E) for traffic signal and interconnect systems. While we have done such work for numerous Southern California cities, we have provided a blief summary of some of our most recent traffic signal managemen~ projects that have been completed for our client cities listed below. By reviewing the following client references, the City of Rancho Santa Margarita should see that HCI has the expertise to service all their traffic signal management needs. City of Cerritos (Econolite-Aries) 43 Intersection System Contact City of Chino Hills (Econolite-Aries) 28 Intersection System Contact: City of Cypress (Econolite-Aries) 47 Intersection System Contact: City of Glendora (Econolite-Aries) 18 Intersection system Mr. Hal Arbogast, City Engineer (562) Mr. Joe Dyer, Assistant City Engineer (909) Mr. Keith Carter, Traffic Engineer (714) Contact: Mr. Jason Roerhbom, Civil Engineering Assistant (626) PageS

34 Page 34 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA City of La Palma (Econolite-Aries) 16 Intersection System Contact: Mr. Jeff C. Moneda, Public Works Director (714) City of Laguna Hills (Econolite-Aries) 36 Intersection System Contact: Mr. Ken Rosenfield, Director of Public Services (949) City of Laguna Niguel (Econolite-Aries) 72 Intersection System Contact: Mr. Dave Rodgers, Traffic Engineer (949) City of Lake Elsinore (Econolite-Aries I Bi-Trans 170 System) 33 Intersection System Contact: Mr. Rusty Beardsley, City Traffic Engineer (951) City of Los Alamitos (Econolite-Aries) 17 Intersection System with Contact: Mr. Dave Hunt, Director ofpublic Works (562) City of San Juan Capistrano (Ecooolite-Aries) 39 Intersection System- Contact: Mr. Alan Oswald, Senior Engineer - Traffic (949) CitY of Stanton (Econolite-Aries I Traconex) 16 Intersection System Contact: Mr. Nick Guilliams, Assistant City Engineer (714) Page6

35 Page 35 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA City oftustin (Econolite-Aries) 120 Intersection System Contact Mr. Terry Lutz, Principal Engineer (714) City ofyorbalinda (Econolite-Aries) 34 Intersection System Contact: Mr. Tony Wang, Traffic Engineering Manager (714) City of Yucaipa (Bi-Trans 170 Syslem) 23 Intersection System Contact: Mr. Fermin Preciado, Associate Engineer (909) Our specific multi-jurisdictional experience with the development, implementation, and calibration of traffic signal coordination fn Orange County is listed as follows: Artelial: Limits: 1) Ball Road Bloomfield St to Valley View St 2) Bloomfield St Lincoln Ave to KatellaAve 3) Cerritos Ave I-605 FwytoBeachBoulevard 4) Katella Ave I-605 Fwy to Beach Boulevard 5) Knott Ave SR-22 Fwy to Cerritos Ave 6) La Palma Ave Moody St to Valley View St 7) Los Alamitos Bl I-405 Fwy to Cerritos Ave 8) Moody St Cerritos Ave to La Palma Ave 9) Ston~ Hill Dr Selva Rd to Camino Capistrano 10) Valley View St SR-22 Fwy to Artesia Blvd 11) Walker St Orangethorpe Ave to Katella Ave Agencies Involved: Buena Park, Cypress Cypress, Los Alamitos Cypress, Los Alamitos, Stanton Cypress, Los Alamitos, Stanton Cypress, Garden Grove, Stanton Buena Park, La Palma Los Alamitos, Orange County, Seal Beach Cypress, La Palma Dana Point, San Juan Capistrano Buena Park, Caltrans, Cypress, Garden Grove, La Palma Cypress, La Palma A1J mentioned, HCI continues to maintain the majority of the above signal coordination timing for the traffic signals in the Cities of Cypress, Dana Point, Los Alamitos, San Juan Capistrano, and Stanton. Page7

36 Page 36 Proposal to Provide Tra:ffic Engineering Services for the City of Rancho Santa Margarita, CA. Our specific single-jmisdictional agency experience where HCI developed, implemented, calibrated signal coordination and continues to maintain the new timing is listed as follows: Arterial: Limits: Agencx: 1) l 8 t Street Tustin~Ave to Newport Ave Tustin 2) Bryan Ave Red Hill Ave to Jamboree Rd Tustin 3) Edinger Ave Del Amo Ave to Red Hill Ave Tustin 4) Irvine Blvd SR-55 to Jamboree Rd Tustin 5) JamboreeRd El Camino Real to Pioneer Rd Tustin 6) Newport Ave Sycamore Ave to Irvine Blvd Tustin 7) Red Hill Ave Carnegie to Irvine Blvd Tustin 8) Tustin Ranch Rd Walnut Ave to Jamboree Ave Tustin 9) Walnut Ave Newport Ave to Franklin Ave Tustin 10) Imperial Highway Prospect Ave to Yorba Linda Bl Yorba Linda 11) Yorba Linda Bl Van Buren St to Esperanza Rd Yorba Linda Our specific single-jurisdictional agency experience where HCI developed, implemented, cah"brated signal coordination and currently does not maintain the timing is listed below: Arterial: Limits: Agency: 1) Brookhurst St Chapman Ave to Westminster Ave Garden Grove 2) Garden Grove Bl Magnolia Ave to Harbor Bl Garden Grove 3) Harbor Blvd Chapman Ave to Westminster Ave Garden Grove 4) Magnolia Ave Chapman Ave to Westminster Ave Garden Grove 5) Pacific Coast Hwy Cliff Dr to Cleo St Laguna Beach ( Caltrans) 6) El Toro Rd Rockfield Blvd to Trabuco Rd Lake Forest 7) Jeronimo Rd Lake Forest Dr to El Taro Rd Lake Forest 8) Muirlands Bl Bake Parkway to El Toro Rd Lake Forest 9)..&Jicia Pkvry Ch~linda Dr to Marguerite Pkw] Mission Viejo 10) LaPaz Rd Muirlands Blvd to Marguerite Pkwy Mission Viejo 11).Los Alisos Blvd Muirlands Blvd to Sta MargaritaPkyMission Viejo 12) Marguerite Pkwy Avery Pkwy to Trabuco Rd Mission Viejo 13) Oso Pkwy Montanoso Dr to San Rafael Dr Mission Viejo 14) Santa Mararita Pkwy Los Alisos Blvd to Marguerite Pkwy Mission Viejo 15) Trabuco Rd La Villa Dr to Alicia Pkwy Mission Viejo PageS

37 Page 37 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA Our specific local agency experience at/near the City of Rancho Santa Margarita where HCI currently maintains the ru.terial timing is listed as follows: Arterial: 1) Moulton Pkwy 2) El ToroRd 3) Aliso CreekRd 4) Paseo de Valencia 5) Alicia Pk:wy 6) LaPazRd 7) Crown Valley Pkwy 8) Antonio Pkwy 9) Sta Margarita Pkwy 1 0} Camino Capistrano 11) Del Obispo St Limits: Agency: Lake Forest Dr to Crown Valley Pky Laguna Hills, Laguna Niguel, Laguna Woods Aliso Creek Rd to A vda de Carlota Laguna Woods El Toro Rd to Moulton Pkwy Aliso Viejo, Laguna Niguel A vda de Carlota to Alicia Pkwy Laguna Hills, Laguna Woods Paseo de Alicia to Crown Valley PkyAliso Viejo, Laguna Hills, Laguna Niguel Cabot Rd. to Crown Valley Pkwy Ali~o Viejo, Laguna Hills, Laguna Niguel Forbes Rd to Camino del Avian Laguna Niguel Santa Margarita Pkwy to Tijeras Ck Rancho Santa Margarita Melinda Rd to Plano Trabuco Rd Rancho Santa Margru.ita Junipero Serra Rd to Del Obispo St San Juan Capistrano Ortega H wy to Blue Fin Dr San Juan Capistrano Our most recent signal coordination timing project that HCI staff implemented is the Oso Parkway/Pacific Park Drive project ad:m:inistered by OCTA. HCI teamed with RBF, Inc. on this particular project and our specific services included the review and implementation of new signal synchronization timing for each of (34) project intersections in the Cities of Aliso Viejo, Laguna Hills, Laguna Niguel, and Mission Viejo, as well as the unincorporated area of Orange County. F. OVERVIEW AND APPROACH: In the following scope of services, HCI has provided responses of our experience and capabilities below the requested consultant services, in accordance with the City's RFP. 1. TRAFFIC SIGNAL MANAGEM:ENT SERVICES (OFF-SITE) Manage the traffic signal operations, systems and performance of the City's {52) traffic signals and various ancillary devices. Coordinate maintenance activities with the City's Traffic Signal Maintenance Contractors. HCI is infinitely familiar with both the Econolite control equipment utilized at the City's (52) traffic signal controlled.intersections, as well as the Aries Traffic Management System software currently employed for signal systems management. HCI currently manages the traffic signals and signal systems of (19) cities, including Rancho Santa Margarita, on a daily basis. Page9

38 Page 38 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA HCI staff continues our on-going excellent relationship with most traffic signal, lighting, and signal maintenance contractors including Team Econolite, who is the City of Rancho Santa Margarita's maintenance contractor, as well as with Cal trans. If selected, Mr. Trammell Hartzog and Mr. Greg Cabey will provide this service. Mr. Dennis Schmitz, lvir. Dave Pickrell, and 11r. Mike Vallado will also be available to assist in providing this service. fu regards to Traffic Signal Management services, we offer the following qualifications and approach: HCI staff's "hands-on., traffic signal ti:n:ring experience comprises all levels of timing applications, including timing input into signal system controllers manually and from our Traffic Signal Management Center through our licensed system software, designing and installing special «custom" traffic signal operational circuitry, and maintaining signal interconnect operations. HCI's project-specific experience includes extensive knowledge on each local agency's signal controllers. Specifically, HCI staff continuously (daily) interfaces with all of the signal controllers :in the City of Rancho Santa Margarita as well as the above...mentioned cities which currently use the Econolite ASC/2S or ASC/3 types of system controllers, the ASC/2M master controllers, a-ad managed by the Aries Traffic Signal Management system. Additionally, HCI staff is very familiar and have been providing on-going traffic signal support to the neighboring City of Mission Viejo's signal system. Mission Viejo has recently implemented new Econolite controllers with the new Centracs signal management system at several intersections, as well as maintaining the existing Multisonics 820 types of system controllers and thcir corresponding VMS 330 signal management system. OUI' Traffic Signal Systems Specialist has been worlcing with City staff during this past year in monitoring the City's systems. Lastly, throughout the past years HCI has maintained a good working relationship with Caltrans, as several projects have been implemented that successfully interfaced with freeway interchange traffic signal systems. A good example of this relationship is the project that was completed in Laguna Beach along Pacific Coast Highway. The project intersections which Caltrans maintains use the Model 170 type controllers with C-8 software. The specific approach to continue OUI' traffic signal management services that HCI provides to all our client agencies (including City of Rancho Santa Margarita).includes the following: Page 10

39 Page 39 Proposal to Provide Trcif.fic Engineering Services for the City of Rancho Santa Margarita, CA HCI provides a Traffic Signal Systems Specialist for the monitoring and maintenance support on all the City's traffic signals. The Specialist sets up the Scheduled Operations on the Aries Traffic Management system specifically for the City's systems in order to automatically perform a variety of tasks. Specifically, the Aries functions and Specialist's time spent on these services include performing the following daily sub-tasks: 1. The Scheduled Operations automatically gather and store historical data and realtime information on all the City's traffic signal operations programmed; 2. The data is reviewed daily to verify that all traffic signals are working properly; 3. Any malfunctions logged are immediately reported to the City's designated traffic signal maintenance contractor, for dispatch; 4. The historical data is also analyzed to identify traffic volumes and patterns in order to assist in dett:rmining if adjustments to signal timing is necessary; 5. Verify if all timing is programmed correctly in each master and local controller. HCI staff typically reports all traffic signal problems and malfunctions to the City's traffic signal maintenance contractor within (24) hours. HCI staff coordinates all vy-ork associated with the City's traffic signal maintenance contractor and also provides verification to the City of their completed work HCI staff often assists the City in resolving traffic signal control complaints by speaking by phone/ /in person with the resident(s)/city personnel on their specific request/complaint. HCI staff completes the necessary investigation and makes recommendations to the City on identified traffic signal improvements, such as any new coordinated signal control systems, more efficient signal phasing, equipment upgrade, significant timing adjustments, etc. HCI staff also dj.:ives each project arterial during peakperiods every other month in order to verify and fine-tune coordination timing. If necessary and approved by the City, HCI also provides updated traffic counts as part ofthe investigation. - The above approach has proven- to be a valuable service to all our client cities, as the ongoing scheduled signal management has minimized overall time in troubleshooting, repair, and mai.'ltenance of citywide traffic signals. In turn, this controlled management service actually saves the City on the amount of time and personnel required to monitor and repair signal related issues. In regards to coordination timing and separate time~referencing devices, it is noted that the systems that HCI operates for our client cities do not need this evaluation, as all signal controller time clocks are constantly updated through our Aries Traffic Management software, which is connected to the GPS time via internet. Additionally, as discussed with the City, it is anticipated that a portion of traffic signal related work associated with various developer-type or capital improvement projects will be requested for plan-check by HCI throughout the year. Page 11

40 Page 40 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA G. TRANSITION PLAN As mentioned, HCI has been providing these exact services to the City of Rancho Santa Margarita, as well as numerous neighboring city agencies, for the past several years. Consequently, HCI has a distinct advantage towards any other consultant that will be required to integrate their staff and implement their services into the City's signal operations. Since HCI has been managing the current citywide traffic signal system for the City of Rancho Santa Margarita, there is no learning curve as part of any new linplementation. As our HCI president is also a resident of the City of Rancho Santa ~.1argarita, he takes a personal investment in the City's traffic operations. Additionally, our staff knows the City very well and there are no initial tasks or field verifications necessacy to setup the signal management system. We propose to continue to uf.jize our own licensed copy of the Aries Traffic Signal Management software to provide these on-going monitoring services. Moreover, HCI will continue our 11 on-going" traffic signal system monitoring services on a scheduled daily basis by our Traffic Signal Systems Specialist to complete the monitoring, maintenance caus, field-visits, timing acljustmen.ts, etc., necessary for continuous and efficient management. Page 12

41 Page 41 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA I. COMPENSATION/PAYMENT SCHEDULE: Traffic Signal Management Services Since HCI has been managing the current citywide traffic signal system for the City of Rancho Santa Margarita, there is no lea.rning curve that would be part of any new implementation. As the BCI president is also a resident of the City of Rancho Santa Margarita, he takes a personal investment in the City's operations. Additionally, our staff knows the City very well and there are no initial tasks or field verifications necessary to setup the signal management system. HCI proposes to continue to utilize our own licensed copy of the Aries Traffic Signal Management software to provide these on-going monitoring services. Moreover, HCI will continue. our "ongoing" traffic signal system monitoring services on a scheduled daily basis by our Traffic Signal Systems Specialist to complete the monitoring, maintenance calls, field-visits, timing adjustments, etc., necessary for continuous and efficient management. HCI proposes the following 'reduced' rates for performing these signal management services: $110.00/hour X 6 hours/week $ per week, $660.00/week X 52 weeks/year 12 months = $34, per year, $34,320.00/year I $2, per month. In other words, th.e total cost for (6) hours per week for signal management services to the City of Rancho Santa Margarita is $34, per year (or $2, per month). Plan Check Services In regards to the anticipated portion of traffic signal related work associated with various developer-type or capital improvement projects requested for plan-check throughout the year, HCI proposes to complete this ancillary work at a reduced rate of $115.00/hour on a time-and-materials (T&M) basis up to the agreed upon annual fee amount. Other Services For all other services requested, the attached Schedule of Hourly Rates apply, unless the City prefers to request specific proposals for other work that may be needed. HCI does not intend on using any subcontractors for completing these signal management services, as our staff is more than capable of providing all listed services. Page l3

42 Page 42 Proposal to Provide Traffic Engineering Services for the City of Rancho Santa Margarita, CA J. CERTIFICATE OF INSURANCE: As we are currently serving the City ofrancho Santa Margarita, HCI is very familiar with the City's requirements under their Contract Services Agreement. HCI has no changes requested to the City's sample professional services agreement. We understand that a new agreement will.be effective from the dat_e of the contract award (July 1, 201 0) for up to three (3) years consistent with existing professional services practices. If selected, HCI has the ability and will provide all updated City of Rancho Santa Margarita insurance and business license requirements at the time of execu.iion of frjs new agreement. CERTIFICATION OF PROPOSAL: As requested :in the City's RFP, on the-following page is the signed.proposal Certification form (Appendix C). Additionally, the completed City forms (Appendix B) and the Non-Collusion Affidavit can be found on the following pages in -this section. Page 14

43 Page 43 Hartzog & Crabill, Inc. Consulting Traffic Engineers Classification Schedule of Hourly Rates ('Reduced' Rates in Bold for City of Rancho Santa Margarita) Hourly Rates Expert Witness I Deposition... Two-Person Survey Crew... Litigation Field Evaluation... Principal Consultant.... Principal Consultant. (Mr. Jerry Stock, PE, TE, Misc. TE Services)... frincipal Consultant..(Mr. Trammell Hartzog, Misc. TE Services)... Principal Consultant..(Mr. Trammell Hartzog, Signal Operations Services)... Registered Land Surveyor... Senior Engineer... Storm Water Permit Compliance Engineer... Associate Engineer... Traffic Signal System Supervisor...:... Traffic Signal System Supervisor...(Mr. Greg Cabey, Signal Operations Services). Mural Mist....,...,... Assistant Engineer... Senior Designer... Senior DesignerJTraffic Signal Systems Specialist.(Signal Operations Services).. Traffic Signal Systetns Specialist.... Draftsperson... Technician... Word Processor... Clerical... *Traffic Counts... (Cost, plus 15%)... $260 $232 $207 $160 $115 $115 $115 $145 $135 $135 $130 $130 $110 $125 $120 $120 $110 $115 $ 93 $ 78 $ 62 $ 52 $* Note: Out of pocket expenses (blueprinting, reproduction, printing and delivery service) will be invoiced at Cost, plus 15%. A 15% fee for administration, coordination and handling will be added to subcontracted services. 275 Centennial Way, Suite 208, Tustin, CA (714)

44 Page 44 Trammell Hartzog President RESUME Years of Experience: 42 Education: Associate of Arts - Mechanical Drafting, Fullerton College, California, 1965 Traffic Signal CircuiL.-y I & II, Belmont Adult School, Los Angeles, California, 1971 Computer Programming Courses, Saddleback College, :Mission Viejo, California, 1984 Professional Affiliations: Member, Orange County Traffic Engineering Council (OCI'EC) Orange County Transportation Commission Round Table Traffic Signal Association (TSA), Los Angeles, Orange, Riverside, and San Bernardino Counties With over 4Q years of experience, Mr. Hartzog is a recognized expert in Traffic Signal Operations and in the preparation of construction plans, specifications, and cost estimates of traffic signal systems. He has been retained by numerous cities to prepare plans for individual intersections, systems of signalizt:jd intersections, and also to be responsible for the operation of those signals citywid~. His recent responsibilities in this regard involve the Cities of Laguna Hills, Laguna Niguel, and Rancho Santa Margarita. In these communities, his services were retained to develop Master Plan System ooordinati.on -timing -plans foj: {8) arterial roodways consisting -of (101) signalized intersections. His assignments have also included implementation of a 101-intersection computedzed traffic signal system for the City oftustin. His areas of expertise are signal design and signal operations, including the development, implementation, and calibration of coordination timing. Other areas of expertise include the design of signal interconnect, signing and striping plans, which also include the pr~paration of applicable project plans, specifications, and estimates. RELEVANT EXPERIENCE: Traffic Signal Operations Management (16 Cities. CAl On-Going Mr. Hartzog provides traffic signal timing and operation services for the Citieg of Cenitos, Chino Hills, Cypress, Glendora, Indio, La Palina, Laguna Hills, Laguna Niguel, Lake Elsinore, Los Alamitos, Rancho SantaMargarita, San Juan Capistrano, Stanton, Tustin, Yorba Linda, and Yucaipa. These computerized services include daily reviewing/comparison of timing to verify if all traffic signals are in good working order. Any malfunctions logged are immediately reported to the City's designated agency or traffic signal maintenance contractor for dispatch. Historical data is also analyzed to identify traffic volumes and patterns to assist in determining if an adjustment to signal timing is necessary. Mr. Hartzog also verifies if timing is programmed correctly in each master and controller. This on-going monitoring and maintenance of signal timing for these city agencies combine for a total over (600) signalized intersections. Oso ParkwayJPacific Park Drive Traffic Signal Synchronization Project (OCTAs Various Orange County Agencies) This demonstration project was completed jointly between RBF Consulting, Inc. and HCI, and involved coordinating (34) intersections on (1) arterial within Cities from Aliso Viejo to Rancho Santa Margarita. The timing was developed by RBF and reviewed! implemented by HCI (assisted local agency wltrnplementation). HCI implemented all timing through. both field-implementation and the central traffic signal system. HCI also fine-tuned the system and continues to be on-can for (9) months. Mr. Hartzog was responsible for the oversight and execution of this _project -1 ~HARTZOG& 'C (RABJLL,fnc.

45 Page 45 Trammell Hartzog President RESUME Timing of Arterial Grid Network (Laguna Niguel, CA) This project.involved coordinating 45 intersections on 3 arterials, which were Alicia, Moulton/Golden Lantern, and Crown Valley Parkways. The project objective was to improve traffic flow on each of these major roadways through the development, implementation, and calibration of coordination timing at each intersection. The timing for each roadway had' to be developed to. allow the arterials to cross each other at two separate points while providing smooth progression on each. As Project Manager, Mr. Hartzog was responsible for the oversight and execution of the project. Antonio Parkway Interconnect Project (Rancho Santa Margarita, CA) Mr. Hartzog served as Project Manager for the Antonio Parkway Traffic Signal Interconnect Project from Santa Margarita Parkway south te Tijeras Gn:~k. W~r19n.g with fue Gity, the prnjeet involved eleven intersections, several signal modifications, and the installation of 3.5 miles of twisted-pair signal.interconnect cable, updating the City Hall Traffic Management System, and signal coordination timfu.g. Moulton Parkway Interconnect Project (Laguna Hills, CA} Mr. Hartzog served as Project Manager for the Moulton Parkway Traffic Signal Interconnect Project from Nellie Gale north to Laguna Hills Drive and :from Ridge Route Drive to Lake Forest Drive. Working with the City of Laguna Hills, the project involved six signal modifications, the installation of one mile of twisted-pair signal interconnect cable, the upgrading of the City Hall Traffic Management System, and signal coordination timing. The abjective of this project was to improve traffic flow by improving the signal system, thereby facilitating the coordination of the signals along this arterial. Santa Margarita Parkway Interconnect Project (Rancho Santa Margarita, CA) Mr. Hartzog served as Project Manager for the Santa Margarita Parkway Traffic Signal Interconnect Project from Melinda Road east to Plano Trabuco. Working with the City, the project involve.d fourteen signal modifications, the installation of 3 miles of twisted-pair signal interconnect cable, signal coordination timing, and the. installation of a City Hall Traffic Management System. The objective of this project was to improve traffic flow by improving the signal system, thereby facilitating the coordination of the signals along thls arterial. Timing of Arterial Grid Network (Cypress, CA) 2002 This project involved coordinating 96 intersections on 10 arterials in the Cities of Buena Park, Cypress, Garden Grove, Los Alamitos, and Stanton. This project also required the coordinating of City signals with Caltrans signals. The project objective was to improve traffic flow on each of these major roadways through the development, implementation, and calibration of coordination timing at each intersection.. The timing for each roadway had to be developed to allow the arterials to cross each other at nine separate points while providing smooth progression on each. As Project Manager, Mr. Hartzog was responsible for the oversight/execution of the project. r CC HARTZOG & ' (, Cf~ABilL, Inc.

46 Page 46 Trammell Hartzog President RESUME Katella Avenue Interconnect Project (Los Alamitos, CA) Mr. Hartzog served as Project Manager for the Katella Avenue Traffic Signal Interconnect Project from the I-605 Freeway east to Lexington Avenue. Working with the City of Los Alamitos, the project involved eight signal modifications, the installation of two-miles of twisted-pair signal interconnect cable, the installation of a -city Hall Traffic Management System, and signal coordination. Alicia Parkway Interconnect Project (Laguna Hills, CA) Mr. Hartzog served as Project Manager for the Alicia Parkway Traffic Signal IntercGnnect P±Gject :frgm -the I-5 Fr-eeway west -tfl M0ulton Parkway. Working with the City of Laguna Hills, the County of Orange, and Caltrans, the project involved ten signal modifications, the installation of two miles of twisted-pair signal interconnect cable, the upgrading of th.e City Hall Traffic Management System, and signal coordination timing. The objective of this project was to improve traffic flow by improving the signal system, thereby facilitating the coordination of the signals along this arterial. rr HARTZOG-& 'C (RABILL;Inc.

47 Page 47 Gerald J. Stock, PE, TE Executive ViceRPresident - - RESUME Years ofexperience: 20 Education: 1989 BSCE, Civil Engineering, University of Colorado, Denver 1978 BS, Geology, California State University, Long Beach Professional Registrations & Certifications: Regist~ed CivU Engineer-California No Registered Traffic Engineer-california No.2049 Chi Epsilon Professional Affiliations: American Public Works Association American Society of Civil Engineers Mr. Stock is an Executive Vice President with the consulting firm of Hartzog & Crabill, Inc., in charge of city and traffic engineering services. He provides consulting to public agencies from both a technical and organizational perspective. Mr. Stock's background :includes a broad array of municipal projects from project conception through completion. He has directed city staff in both long-term capital project planning as well as the day-to-day activities associated with managing a municipal engineering department. Mr. Stock's experience includes over seventeen years of project management, capital improvement planning, design, and contract administration. He is well-versed in bofh the technical and the political challenges of municipal engineering activities..administration:. Since 2000, Mr. Stock has served the City of Bellflower as contract City Engineer and City Traffic Engineer. Mr. Stock also serves the Cities of Hawaiian Gardens and Hermosa Beach as on-call Traffic Engineer. Prior to joining HCI, Mr. Stock was employed by the City of Norwalk as their inhouse City Engineer. Mr. Stock represents the Engineering/Public Works Department before the Public Safety and Planning Commissions, as well as the City Council for his client citiea. Mr. Stock has directed staff and consultants regarding the adn:rirjistration of client city's Congestion Management Program, NPDES activities, grant applications and grant administration, underground utility districts, and pipelinelutility franchises. Transportation: Mr. Stock is currently assisting the City of La Palma with traffic safety enhancements to the Walker Street bridge crossing Coyote Creek. Mr. Stock has prepared intersection widening plans in the City of Laguna Hills, as well as completed the Engineering and Traffic Surveys for Speed Limits in the Cities of Laguna Hills, Laguna Niguel. San Juan Capistrano, and Yorba Linda. The City of Bellflower selected Mr. Stock to represent the City on the technical advisory committee (TAC) of the SR-91/I-605 Needs Assessment Major Corridor Study. As vice-chair of the TAC, Mr. Stock's role is to ensure that the City's interests are protected during the plan.n.i11g and development of major improvements along the SR-91and I-605 Freeways in Bellflower. Mr. Stock has developed and fostered positive working relationships with Caltrans, Los Angeles County Department of Public Works, Los Angeles Metropolitan Transportation Authority, South Coast Air Quality Management District, and also local law enforcement. r 1 CC HARTZOG & 1 c CRAS~LL, fnc.

48 Page 48 Gerald.J. Stock, PE, TE Executive Vice-President RESUME Design and Contract Administration: Mr. Stock has directed the design and construction management of several roadway, landscape, and traffic signal improvement projects in the Cities of Bellflower and Norwalk. Mr. Stock's most recent design assignments in the City of Bellflower include being the registered civil engineer responsible for the design of the Library Garden, Friendship Square, Artesia Boulevard Landscape Median, Pacific Electric Depot Restoration, MPOWER Parking Lot, and Riverview Park projects. Planning: With -t:espect -to planning acti-vities, Mr. Stock is- currently under contract with the City of Be!lflower for the review and approval of subdivision maps. Mr. Stock is responsible for the review and approval of new and redevelopment site plans and for e-stablishing conditions of approval. The review and approval of str-eet improvement, storm drain, sewer, traffic signal, and drainage plans collectively fall under Mr. Stock's direction. r, CC HARTZOG & (. CRAB IlL, fnc.

49 Page 49 Greg Cabey Traffic Signal Systems Supervisor Years ofexperience: 20 Education: Associate of Arts-Technical Electronics, Fullerton College, California, 1981 Professional.fJ'filiations: Treasurer, Traffic Signal P...ssociation {TSA) Ormge County Chapter Member, International Municipal Signal Association {IMSA) Certified as a Traffic Signal Inspector and Level ill Traffic Signal Tec!mician - RESUME Mr, Cabey bririgs over {20) years of traffic signal experience to the Hartzog & Crabill, Inc. (HCI) project team specializing in signal communications systems, timing development, implementation and finetuning. Prior to the last eight (8) years working with HCI, Mr. Cabey was a Signal Maintenance Lead-man for Peek Traffic for over (12) years. His extensive field experience with signal systems and all types of signal controller functions will aid in the success of any traffic signal coordination-type project. RELEVANT EXPERIENCE: Traffic Signal Operations Management (14 Cities, CA) On-Going - Mr. Cabey provides assistance to Mr. Trammell Hartzog in regards to traffic signal timing and operation services for the Cities of Cerritos, Chino Hills, Cypress, Glendora, Indio, La Palma, Lake Elsinore, Los.Alamitos, Rancho Santa Margarita, San Juan Capistrano, Stanton, Tustin, Yorba Linda, and Yucaipa. His responsibilities include include daily reviewing and comparing of timing to verify if all traffic signals are in good working order. Any malfunctions logged are immediately reported to the City's designated agency or traffic signal maintenance contractor for dispatch. Mr. Cabey also analyzes historical data in order to identify traffic volumes and patterns to assist in determining if an adjustment to signal timing is necessary. Mr. Cabey verifies if timing is programmed correctly in each master and controller. His on-going monitoring and maintenance services of signal timing for these city agencies combine to approximately (500) signalized intersections. Oso Parkway/Pacific Park Drive Traffic Signal Synchronization Project (OCTA, Various Orange County Agencies) This demonstration project was completed jointly between RBF Consulting, Inc. and HCI, and involved coordinating (34) intersections on (1) arterial within Cities from Aliso Viejo to Rancho Santa IYf ;n garita. The timing was developed by RBF and reviewed/ implemented by HCI (assisted local agency w/implementation). HCI implemented all timing through both field-implementation and the central traffic signal system. HCI also fme-tuned the system and continues to be on-call for (9) months. Mr. Cabey was responsible for fine-tuning and completing the after runs for this project. Timing of Arterial Grid Network (Cypress, CA) This project involved coordinating 49 intersections on 8 arterials in the City of Stanton. The project objective was to improve traffic flow on each major roadway through the development, implementation, and calibration of coordination timing at each intersection. The timing for each roadway was developed to allow the arterials to cross each other at various separate points wbile providing smooth progression on each. As Traffic Signal Systems Supervisor, Mr. Cabey was primarily responsible for all timing implementation on this project. ghartzog& \ C CRABILL, fnc.

50 Page 50 Greg Cabey Traffic Signal Systems Supervisor. RESUME Timing of Arterial Grid Network (Laguna Niguel, CA) This project involved coordinating 45 intersections on 3 arterials, which were Alicia, Moulton/Golden Lantern, and Crown Valley Parkways. The project objective was to improve traffic flow on each of these major roadways through the development, implementation, and calibration of coordination timing at each intersection. The timing for each roadway had to be developed to allow the arterials io cross each other at two separate points while providing smooth progression on each. As Traffic Signal Systems Supervisor, Mr. Cabey was responsible for the implementation and fine-tuning of the project. Antonio Parkway Interconnect Project (Rancho Santa Margarlta 1 CA) ZOOS - lvfr. Cabey served as Project Manager for the Antonio Parkway Traffic Signal Interconnect Project from Santa Margarita Parkway south to Tijeras. Creek. Working with the_ Ci!}', the project involved eleven intersections, several signal modifications, and the installation of 3.5 miles of twisted-pair signal interconnect cable, updating the City Hall Traffic Management System, and signal coordination timing. Moulton Parkway Interconnect Project (Laguna Rills, CA) Mr. Cabey served as Traffic Signal Systems Supervisor for the Moulton Parkway Traffic Signal Interconnect Project from Nellie Gale north to LaguTJa Hills Drive and from Ridge Route Drive to Lake Forest Drive. Working with the City of Laguna Bills, the project involved six signal modifications, the installation of one mile of twisted-pair. signal intereonnect cable, the upgrading of the City Hall Traffic Management System, and signal coordination timing. The objective of this project was to improve traffic flow by improving the signal system, thereby facilitating the coordination of the signals along this arterial. Santa Margarita Parkway Intereunnect Project (Rancho Santa Margarita, CA) Mr. Cabey served as Traffic Signal Systems Specialist for the Santa Margarita Parkway Traffic Signal Interconnect Project from Melinda Road east to Plano Trabuco. Working with the City, the project involved fourteen signal modifications, the installation of 3 miles of twisted-pair signal interconnect cable, signal coordination timing, and the installation of a City Hall Traffic Management System. Timing of Arterial Grid Network (Cypress, CA) Th:is project involved coordinating 96 intersections on 10 arterials in the clties of Buena Park, Cypress, Garden Grove, Los Alamitos, and Stanton. This project also required coordinating City signals with Caltrans signals. The project objective was to improve traffic flow on each of these major roadways through the development, implementation, and cahbration of coordination timing at each intersection. The timing for each roadway had to be developed to allow the arterials to cross each other at nine separate points while providing smooth progression on each. As Traffic Signal Systems Specialist, Mr. Cabey was responsible for the timing implementation of this project.

51 Page 51 Greg Cabey Traffic Signal Systems Supervisor RESUME Katella Avenue Interconnect Project (Los Alamitos, CA) Mr. Cabey served as Traffic Signal System.s Specialist for the Katella Avenue Traffic Signal Interconnect Project from the I-605 Freeway east to Lexington Avenue. Working with the City of Los Alamitos, the project involved eight signal modifications, the installation of two-miles of twisted-pair signal interconnect cable, the installation of a City Hall Traffic Management System, and signal coordination. Alicia Parkway Interconnect Project (Laguna Hills, CA) Mr. Cabey served as Traffic Signal Systems Specialist for the Alicia.P.arkway Traffic Signal Interconnect Project from.the I-,5 Freeway west to Moulton Parkway. Working with the City oflaguna Hills, the County of Orange, and Caltrans, the project involved ten signai modifications, the installation of two miles of twisted-pair signal interconnect cable, the upgrading of the City Hall Traffic Man~gement System, and signal coordination timing. [. HARTZOG& O~ABILL, nc.

52 Page 52 Request for Proposals- Traffic Engineering NQN.. COLLUSION AFFIDAVIT. I certify that this proposal is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting a proposal for the same services, materials, supplies, or equipment, and is in all respects fair and without collusion of fraud. I certify that I have not entered into any arrangement.or agreement with any City of Rancho Santa Margarita public officer. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this proposal for the proposer. "!fi'a;vrhifu fkrztzo& Name of Authorized Representative Title of Authorized Representative Page 17 of 20

53 Page 53 Request for Proposals :- Traffic Engineering APPENDIX 8 CITY OF RANCHO SANTA MARGARITA CONSULTANT}S ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS FOR AGRiiEMENT FOR PROFESSIQNAb SERVIGES Consultant agrees, acknowledges and is fully aware of the insurance requirements as specified in Section 5. Insurance Requirements of the Professional Services Agreement and accepts au conditions and requirements as contained therein. Consultant: /14 rz.!zog _ 4 Crz/4&r LL- 1 INC. fizamf>fell- 1-!Arz-, Zo0 Name (Please Print or Type) Date: ( 0 This executed form must be submitted with Scope of Work proposal Page 19 of 20

54 Page 54 Request for Proposals- Traffic Engineering APPENDIXC CERTIFICATION OF PROPOSAL TO THE CITY OF RANCHO SANTA MARGARITA 1) The undersigned hereby submits its.proposal and agrees to be bound by the terms and conditiori's of the Request for Proposal (RFP). By submitting the response to this request, Pr-oposer agrees, if selected to furnish services to the City in accordance with this RFP. 2} Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 3) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City. 4) The proposal response includes all of the commentary, figures and data required by the Requestfor Proposal, dated March 12, ) The proposal shall be valid for 90 days from the date of submittal. Name of Proposer:f-t.r2"/2o6 i c:@.t>ta; lf!l~ ~~ By~'~-? (Authorized Signature).;(' Type Name: ---rfzauuea_~:zcx:;. Title: f=??estd 3~ Date: 4- ( 5"-1 b Page 20 of20

55 Page 55 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES Hartzog & Crabill, Inc. (Contract Traffic Engineering Services- Traffic Signal Management Services) THIS FIRST A_MENDMENT to the HARTZOG & CRABILL, INC., Professional Services Agreement for Contract Traffic Engineering Services - Traffic Signal Management Services (the "Amendment") is made and entered into to be effective the day of 2013, by and between the CITY OF RANCHO SANTA MARGARITA, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as the "City"), and HARTZOG & CRABILL, INC., a California corporation, (hereinafter referred to as "Consultant") (collectively, the "Parties"). RECITALS A. City and Consultant previously entered into a professional services agreement for the provision of professional traffic engineering and traffic signal management consulting services, which was made and entered into on July 1, 2010 (the "Agreement"). Sections 2.3 (Changes in Scope of Work), 3.4 (Term), and 10.3 (Amendment) of the Agreement provide that the Agreement may be amended in writing at any time by mutual consent of the Parties. B. The original total Maximum Contract Amount of the Agreement, as set forth in Section 2.1 of the Agreement, was $114,000, which sum shall not exceed thirty-eight thousand dollars ($38,000) per Fiscal Year during the term of the Agreement, unless amended by mutual agreement of the Parties. C. Unless amended by mutual consent of the Parties, the Agreement is currently scheduled to automatically expire on June 30, 2013, by operation of its own terms. D. The Parties now desire to enter into this Amendment for the purpose of extending the term of the Agreement for two years in order to provide for continued contract traffic engineering and traffic signal management services in Fiscal Years at the same professional hourly rates established in the Agreement. E. The proposed continuation of contract traffic engineering and traffic signal management services for Fiscal Year and the proposed extension of the term of the Agreement create a need to increase the current total Maximum Contract Amount set forth in Section 2.1 of the Agreement by $84,000 from $114,000 to $198,000. NOW THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows: AGREEMENT 1..A~-rnendment to Section 2.1, entitled."maximum Contract A..-rnount," of the Agreement. Section 2.1. of the Agreement is hereby amended in its entirety to read as follows: Page 1 of5 ATTACHMENT 8

56 Page 56 "2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation/Fees, which is attached hereto as Exhibit "A" and is incorporated herein by reference, but not exceeding the total maximu_rn contract amount of one hundred and ninety-eight thousand dollars ($198,000) (hereinafter referred to as the "Maximum Contract Amount"), for all "nonrecoverable work", except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "A." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Cofisiilt<ilit Sliall not oe entitled to any increase in llie Maxim'um Contract Arnourit for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Work may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Work. The maximum amount of City's payment obligation under this section is the amount specified herein. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the City's part for further payment beyond the Maximum Contract Amount." For purposes of this Agreement, "nonrecoverable work" shall refer to any work for which the City is not directly reimbursed through means of deposits or other reimbursements paid by a private individual or entity, government agency, insurance companies, and/or other companies. Examples of nonrecoverable work include, but are not limited to, ongoing optimization of signal timing for the City's traffic signal controlled intersections, management of the Aries Traffic Management System software currently employed for signal systems management, and other similar work. 2. Amendment to Section 3.4, entitled "Term," of the Agreement. Section 3.4 of the Agreement is hereby amended in its entirety and restated to read as follows: "Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for five (5) years from the date hereof until June 30, 2015, except as may otherwise be provided in the Schedule of Performance (Exhibit "A") and pursuant to Section 3.2 above, unless extended by mutual agreement of the Parties." 3. Addition of Section 3.5, entitled "Task Orders" to the Agreement. Section 3.5 of the Agreement, entitled "Task Orders," is hereby added to the Agreement to read as follows: "3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Page 2 of5

57 Page 57 "recoverable work" to be performed by Consultant pursuant to this Agreement shall be based upon the issuance of a project task order by the City. Further, that execution of this Agreement by the City does not in any way guarantee that a task order will be issued to Consultant for recoverable work. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City for recoverable work without City first having issued a project task order. For purposes of this Agreement, "recoverable work" shall refer to any work for which the City is reimbursed through means of a deposit or other reimbursements paid by a private individual or entity, government agency, insurance companies, and/or other companies. Examples of recoverable work include, but are not limited to, deposit based private development reviews, City project support, and other similar work. 4. Amendment to Exhibit "A" of the Agreement Regarding Scope of Work, Schedule of Compensatioii!Fees, and Assigned Personnel. Exliioit "A" 6f the Agreement is hereby amended to include Consultant's updated and revised Schedule of Hourly Rates, as well as Consultant's additional assigned personnel, which are set forth in Consultant's contract extension proposal letter dated February 21, 2013, a copy of which is attached hereto as Attachment "1" to this Amendment and is hereby incorporated by reference and made a part of the Agreement. 5. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 6. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provisions of any other agreement to which said party is bound. Ill II I [SIGNATURES ON N~XT PAGE] Page 3 of5

58 Page 58 1N WITNESS WHEREOF, the Parties have executed and entered into this Amendment to the Agreement as of the date first written above. "CITY" City of Rancho Santa Margarita By: L. ANTHONY BEALL, Mayor APPROVED AS TO FORM: ATTEST: By: Gregory E. Simonian, City Attorney By: Molly McLaughlin, City Clerk "CONSULTANT" HARTZOG & CRABILL, INC. By: Trammell Hartzog, President By: Gerald J. Stock, Executive Vice President/Secretary Page 4 of5

59 Page 59 ATTACHMENT "1" PROPOSAL TO EXTEND PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT TRAFFIC ENGINEERING SERVICES AND TRAFFIC SIGNAL MANAGEMENT SERVICES THROUGH JUNE 30,2015 EXTENSION PROPOSAL DATED: FEBRUARY 21, Page 5 of5

60 Page 60 ~HARTZOG& CRABILL, Inc. c Trammell Hartzog, President Jerry Crabill, P.E., (Retired) Gerald J. Stock, P.E., Executive Vice-President E. 17th Street Suite HH Tustin, CA Phone: (714) FAX: (714) February 21, 2013 Mr. E. (Max) Maximous, P.E. City Engineer City of Rancho Santa Margarita El Paseo Rancho Santa Margarita, CA SulJject: Dear Mr. Maximous: Proposal to Exten.a tlie Professional Services Agreement for Contract Traffic Engineering Services and Traffic Signal Management Services through June 30, 2015 As you know, Hartzog & Crabill, Inc. (HCI) and the City of Rancho Santa Margarita have had a long standing working relationship and we look forward to continue providing our traffic engineering services to the City. This letter is to confirm that our hourly rates will stay the same as part of an extension to our current contract. HCI also understands the budget constraints and economic downturn during the past several years. Consequently, HCI is pleased to continue offering our reduced hourly rates per our Fee Schedule (attached). We look forward to the City of Rancho Santa Margarita's acceptance of this letter and to continue working with you and your staff. If you have any questions or need more information please feel free to contact me at (714) Very truly yours, HARTZOG & CRABILL, INC. Attachments: Schedule of Hourly Rates Resu..rnes Consulting Traffic Engineers to Government Agencies

61 Page 61 Hartzog & Crabill, Inc. Consulting Traffic Engineers Classification Schedule of Hourly Rates ('Reduced' Rates in Bold for City of Rancho Santa Margarita) Hourly Rates Expert Witness I Deposition... $260 Two-Person Survey Crew... $232 Litigation Field Evaluation... $207 Principal Consultant... $160 Principal Consultant.(Mr. Jerry Stock, PE, TE, Misc. TE Services)... $115 Principal Consultant.. (Mr. Trammell Hartzog, Misc. TE Services)... $115 Principal Consultant.. (Mr. Trammell Hartzog, Signal Operations Services)... $115 R~gist~roo Land SurveyGr $145 Senior Engineer... $135 Senior Engineer...(Mr. Mark Esposito, P.E., T.E., P.T.O.E)... $115 Senior Engineer...(Mr. Armando Solis, P.E.)... $115 Storm Water Permit Compliance Engineer... $135 Associate Engineer... $130 Associate Engineer... (Mr. Michael Vallado)... $115 Traffic Signal System Supervisor... $125 Traffic Signal System Supervisor...(Mr. Greg Cabey, Signal Operations Services). $110 Mural Artist... $125 Assistant Engineer... $120 Senior Designer... $120 Senior Designer...(Mr. Todd Hartzog)... $110 Traffic Signal Systems Specialist... $115 Traffic Signal Systems Specialist...(Mr. Dave Pickrell)... $110 Draftsperson... $ 93 Technician... $ 78 Word Processor... $ 62 Clerical... $ 52 Traffic Counts... (At Cost)... $ Note: Out of pocket expenses (blueprinting, reproduction, printing and delivery service) will be invoiced at Cost. Mileage shall be per current IRS rate (rate can be found at the following link: E. l7 1 h Street, Suite 101, Tustin, CA (714)

62 Page 62 MARK ESPOSITO, PE, TE, PTOE Senior Engineer I Task Manager Mr. Esposito is a Senior Engineer at Hartzog & Crabill, Inc. Mr. Esposito's role as a Task Manager for this project will be to provide management, design, and timing expertise for the various trafficrelated tasks. His areas of expertise are traffic signal design and signal operations, including the development, implementation and calibration of coordination timing. Other areas of design expertise include geometric, signing, striping, lighting, and traffic control, including the preparation of project plans, specifications and estimates. PRIOR RELEVANT EXPERIENCE: Paseo de Valencia Traffic Signal Synchronization Program (TSSP) (laguna Hills, CA) 2012/13 - Project Manager (HCI) responsible for the 3.3 mile Paseo de Valencia Traffic Signal Synchronization Project, which involves 12 traffic signals in the City of laguna Hills. The project limits are from El Toro Road to Cabot Road. This corridor is funded under OCT A's Project P program, and led and administered by the City of laguna Hills. In addition to the synchronized timing, the improvements include upgraded traffic signal controller and communications equipment at all project intersections, as well as the installation of PTZ cameras at several intersections. The project objective is to improve arterial traffic flow, reduce travel times and stops, and increase average speed, along the Paseo de Valencia corridor through synchronization of traffic signals. The project includes the following tasks: Project Management, Data Collection, Field Review, Before & After Studies, Signal Timing Optimization and lm plementation, Traffic Signal Construction, Project Report, and Continuing Signal Timing Support. Del Obispo Street Traffic Signal Synchronization Program (TSSP) (San Juan Capistrano & Dana Point, CA) 2012/13 - Project Manager (HCI) responsible for the 3.6 mile Del Obispo Street Traffic Signal Synchronization Project, which involves 16 traffic signals in the Cities of laguna Hills and Dana Point. The project limits are from Ortega Highway to Pacific Coast Highway. This corridor is funded under OCTA's Project P program, and led and administered by the City of San Juan Capistrano. Major improvements on this corridor include synchronization of the City of San Juan Capistrano's queue-cutter traffic signal with adjacent traffic signals, as well as extending the City of Dana Point's wireless communications system to include two of the Del Obispo Street project intersections. The improvements also include upgraded traffic signal controller and communications equipment, and installation of PTZ cameras in Dana Point. The project objective is to improve arterial traffic flow, reduce travel times and stops, and increase average speed, along this corridor through synchronization of traffic signals. WHARTZOG& CRAB l LL, Inc. '