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HomeMy WebLinkAboutKimley Horn and Associates Inc; 2017-10-19; TRAN1616TRAN1616 RATIFICATION OF AMENDMENT NO.1 TO EXTEND THE AGREEMENT FOR DESIGNING 10 SPEED FEEDBACK SIGNS SERVICES KIMLEY HORN AND ASSOCIATES, INC. of Amendment No.1 is entered into as of the 1 ~ day of --1-.J-..1.!.YL~~~~.,L------' 20}%_, but effective as of the 3rd day of ~er, 2017, ext nt dated October 19, 2017 (the "Agreement") by and between the City of Ca bad, a municip corporation, ("City"}, and Kimley Horn and Associates, Inc. a North Carolina corporation ("Contractor") (collectively, the "Parties") for Designing 10 Speed Feedback Signs Services. RECITALS A. The Parties desire to extend the Agreement for a period of one hundred thirty-three (133) days. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one hundred thirty-three (133) days ending on April 15, 2018. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 TRAN1616 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR KIMLEY HORN AND ASSOCIATES, INC., a North Carolina corporation By: lk,~f~ si ere) At,.1"tl,(o,.,d ~ObEG,~A<.1., ~ t / VI<.€. f1«:-.:..lt:>&l1 (print namehitle) ;Jl/;~ -~ CITY OF CARLSBAD, a municipal corporation of the State of California Elaine Lukey / P~ji/works Director as authorized by the City Manager "-~ -C ihn-:"L--S. f;J(\t)1h'V&«I~. v.G. /itos,srtwrf:r~w.-f (print name/title) cJ,4ror If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney ByQ~ Deputy City Attorney City Attorney Approved Version 1 /30/13 2 Client#: 25320 KIMLHORN ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 12/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~R~?cT Jerry Noyola Greyling Ins. Brokerage/EPIC F..tJ8,N:o, Ext): 770-552-4225 I r~. No): 866-550-4082 3780 Mansell Road, Suite 370 !6'1D~~ss: jerry.noyola@greyling.com Alpharetta, GA 30022 INSURER($) AFFORDING COVERAGE NAIC# INSURER A : National Union Fire Ins. Co. 19445 INSURED INSURER B : Aspen American Insurance Compan 43460 Kimley-Horn and Associates, Inc. INSURER C : New Hampshire Ins. Co. 23841 421 Fayetteville Street, Suite 600 INSURER D : Lloyds of London 085202 Raleigh, NC 27601 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER fMM/DD/YYYYl fMM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY 5268169 04/01/2017 04/01/2018 EACH OCCURRENCE $1,000,000 ~ =:J CLAIMS-MADE ~ OCCUR s~~~&H9E~~~JJWence) $500 000 .__! Contractual Liab. MED EXP (Any one person) $25,000 ---- PERSONAL & ADV INJURY $1,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl ixlPRO-[!] LOC $2,000,000 POLICY _ JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY 4489663 04/01/2017 04/01/2018 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) - X ANYAUTO BODILY INJURY (Per person) $ ~ ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED PROPERTY DAMAGE -~- X HIRED AUTOS X AUTOS (Per accident) $ $ ·-B ~ UMBRELLA LIAB ~ OCCUR CX005FT17 Kl4/01 /2017 04/01/2018 EACH OCCURRENCE $5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5 000 000 DED I xi RETENTION$O $ C WORKERS COMPENSATION 015893685 (AOS) 04/01/2017 04/01/2018 X \PER I 12~H-AND EMPLOYERS' LIABILITY STATUTE Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE[N] E.L. EACH ACCIDENT $1,000 000 OFFICER/MEMBER EXCLUDED? N N/A A (Mandatory in NH) 015893686 (CA) 04/01/2017 04/01/2018 E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT D Professional Liab P070831700 04/01/2017 04/01/2018 Per Claim $2,000,000 Aggregate $2,000,000 ./ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Agreement #TRAN1519 -Mobility Plan Trolley Program Feasibility Study. The City of Carlsbad is named as an Additional Insured with respects to General Liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. Umbrella Follows Form with respects to General, Automobile & Employers Liability Policies. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I ,.04/4(~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S915762/M695961 JNOY1 POLICY NUMBER: 5268169 ./ COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOH YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II • Who Is An Insured is amended to include as an additional insured the person(s) or organization(sl shown in the Schedule, but only with respect to liability for "bodily injury", Mproperty damage" or ~personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(sl at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 D C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement. the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 e Insurance Services Office, Inc., 2012 CG 20 10 04 13 D POLICY NUMBER: 5268169 / COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{s} Location And Description Of Completed Operations Or Organizatlonlsl ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. -·,-----·~-- 1---------·-- Information required to complete this Schedule, 1f not shown above, will be shown in the Declarations. A. Section II • Who Is An Insured is amended to include as an additional insured the personfs) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by Jaw: and 2. If coverage provided to the additional insured is required by a contract or agree- ment, the insurance afforded to such addi- tional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill • Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Aveilable tmder the appliqble Limits of Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli· r.able Limits of Insurance shown in the Decla- rations. CG 20 37 04 13 f> Insurance Services Office, Inc., 2012 Page 1 of 1 D BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following • attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01/17 Issued to KINLEY-HORN AND ASSOCIATES, INC. forms a part of Policy No. 015893686 By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) Lo.~ Countersigned by _________________ -~ ~ ______ _ Authorized Representative AGREEMENT FOR 10 SPEED FEED BACK SIGNS SERVICES KIMLEY HORN AND ASSOCIATES, INC. TRAN1616 nJr,;1I~. AGREEMENT is made and entered into as of the l q+n day of ----...:~-,;;....,""""-_.....'---"'"'====---• 201:J.., by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and KIMLEY HORN AND ASSOCIATES, INC., a North Carolina corporation, ("Contractor"). RECITALS City requires the professional services of a design consultant that is experienced in design. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of forty-five (45) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be nine thousand five hundred seventy- five dollars ($9,575). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. City Attorney Approved Version 2/29/16 TRAN1616 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges City Attorney Approved Version 2/29/16 2 TRAN1616 that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 2/29/16 3 TRAN1616 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR KIMLEY HORN AND ASSOCIATES, INC., a North Carolina c By: (sign here) i)., nni:, L1e..,J~ ~ ~ 5.,_ Uu-t P-'-t s, J J~ T (prin ame/title) By-II/-, (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: arks Director s. w~1.J/A-t<--, k.s,~~ (print name/title) ' If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By:____:iC/~ie.~~L-~::i....::5:::::~q'.....---- Deputy City Attorney City Attorney Approved Version 2/29/16 4 Kimley >>> Horn July 13, 2017 Mr. Tam Tran City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Professional Services Agreement -Radar Speed Feedback Installations Dear: Mr. Tran Exhibit A Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement (the "Agreement") to the City of Carlsbad ("Client") for providing traffic engineering services as requested via your e-mail on Thursday, June 22nd , 2017. Project Understanding The City of Carlsbad is pursuing the installation of radar speed feedback sign assemblies. The City has requested that installation drawings and details be prepared for the procurement and installation of seven (7) speed feedback signs at the following locations: 1. Southbound @ approximately 2525 Jefferson Street (on existing luminaire) 2. Southbound@ approximately 2600 State Street (on existing luminaire) 3. Northbound@ approximately 2680 State Street (on existing luminaire) 4. Southbound on Alicante Road, approximately 260-feet north of Goldstone Road (on existing luminaire) 5. Northbound on Alicante Road, approximately 460-feet south of Goldstone Road (on existing luminaire) 6. Westbound on Tamarack Avenue, just east of Valley Street (new 1-A pole installation) 7. Eastbound@ approximately 1569 Tamarack Avenue (new 1-A pole installation) 8. Southbound on El Fuerte Street, north of Corte de la Vista (new 1-A pole installation) 9. Northbound on El Fuerte Street, south of Acuna Court (new 1-A pole installation) 10. Southbound on El Fuerte Street, north of Bolero Street (new 1-A pole installation) Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1 -Inventory: Kimley-Horn will perform a field inventory of the locations to document existing conditions, identify constraints, and verify installation locations. Task 2 -Design: Utilizing existing aerial photography for basemapping Kimley-Horn will prepare an electronic design plan (AutoCAD) to identify the equipment installation, electrical connections, removals, and/or equipment relocations necessary for construction. It is anticipated the plan set will be prepared using the City of Carlsbad Standard title block and will consist of a total of five sheets (11" x 17") per the following: • One (1) Cover Sheet with key map, general notes, legend, etc.; kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234.9411 Exhibit A Kimley >>> Horn Page2 • Three (4) Improvement Plan Sheets (2-3 installations per sheet); and, • One (1) Detail Sheet with installation details and technical specification requirements. It is assumed that if solar panels are to be utilized for these installations the City of Carlsbad will obtain sealed shop drawings from their pole vendor verifying the pole's capability to support the anticipated loading. Otherwise we have provided Optional Task A below to perform the required structural analysis. An estimate of probable construction cost for the proposed improvements will be prepared in Microsoft Excel format. It is anticipated that technical specifications will not be required -special construction conditions and functional requirements are anticipated to be addressed using notes on the Improvement Plans and Details. An electronic copy of the draft improvement plans and estimate will be submitted (in PDF format), via e-mail, to the City of Carlsbad for their review and/or acceptance. Following receipt of one consolidated set of comments from the City, the improvement plans will be finalized and signed/sealed by a registered Engineer. Kimley-Horn will submit via e-mail a signed/sealed 11" x 17" plan set to the City of Carlsbad (in both AutoCAD and PDF formats). Optional Task A -Conduct Structural Analysis: If solar panels are to be used and mounted on the luminaire poles the structural integrity of the pole should be verified. To verify the structural integrity of the luminaire poles to support the additional load of the speed feedback sign and solar panel assembly a structural analysis must be performed. Based upon a preliminary review of the City of Carlsbad online record drawings it is anticipated that as-built documentation for the existing lighting poles and foundations is not currently available. Assuming the structural condition of the existing poles cannot be confirmed it is anticipated that a new pole/foundation will be installed; new poles/foundations are anticipated to be either a Caltrans Type 15 TS standard or City of Carlsbad standard light pole. This scope of services assumes that the same pole/foundation type will be utilized any locations and therefore one structural analysis will be required to validate the capability of the pole/foundation configuration to support the speed feedback sign and solar power assembly. A PDF copy of the completed structural analyses will be submitted to the City of Carlsbad for record keeping. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Coordination with SDG&E to establish metered or unmetered services; • Additional design tasks that are not specifically outlined in this scope of services letter; • Field Survey; • Construction phase services; and, • Preparation of As-built drawings. kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619.234.9411 Exhibit A Kimley >>> Horn Page3 Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: • Sealed shop drawing of City of Carlsbad standard luminaire pole. Schedule We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreeable schedule. Fee and Expenses Kimley-Horn will perform the services in Tasks 1 -2 for the total lump sum fee below. Total Lump Sum Fee $9,575 If authorized by the City, Kimley-Horn will perform the services in Optional Task A for the total lump sum fee below. Total Additional Lump Sum Fee $3,050 All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client's behalf, a separate invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 30 days of your receipt of the invoice. kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92'\01 619.2349411 Exhibit A Kimley>>>Horn Page 4 Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the City of Carlsbad. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: Please email all invoices to ___________ _ __ Please copy ________________ _ If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully- executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, By: Michael S. Washkowiak Project Manager P.E. No. C64737 kimley-horn com 401 B Street, Suite 600, San Diego, CA 92101 619.234 9411 Kimley >>> Horn CITY OF CARLBAD A Municipality (Date) (Print or Type Name and Title) (Email Address) _______________ , Witness (Print or Type Name) Official Seal: Client's Federal Tax ID: _________ _ Client's Business License No.: _______ _ Client's Street Address: _________ _ Attachment -Request for Information -Attacl 11, tei::it $t;-µ:iae, d Provis,ons kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 Exhibit A Page 5 619234.9411 I Exhibit A Kimley>>>Horn Page 6 Request for Information Please return this information with your signed contract; failure to provide this information could result in delay in starting your project Client Identification Full, Legal Name of Client Mailing Address for Invoices Contact for Billinq Inquiries Contact's Phone and e-mail Client is (check one) Owner I I Agent for Owner I I Unrelated to I Owner P rt Id ff f rope rv en 11ca 10n Parcel 1 Parcel 2 Parcel 3 Parcel 4 Street Address County in which Property is Located Tax Assessor's Number(s) Property 0 f wner ldenti ication Owner 1 Owner 2 Owner 3 Owner4 Owner(s) Name Owner(s) Mailing Address Owner's Phone No. Owner of Which Parcel#? P . t F d" Id ff f roJec un mg en 1 1ca 10n -IS un mg L" t F d" S ources or e roJec f th p . t Attach additional sheets if there are more than 4 parcels or more than 4 owners kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619.234.9411