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Kimley-Horn and Associates Inc; 2018-07-05;
AMENDMENT NO.1 TO EXTEND AND AMEND AGREEMENT FOR VILLAGE, BARRIO AND BEACH AREA PARKING DATA COLLECTION UPDATE SERVICES KIMLEV-HORN AND ASSOCIATES, INC. =si:is Amendment No. 1 is entered into and effective as of the J '7th day of \. C ~ c? , 20!.1_, extending and amending the agreement dated JULY 5, 2018 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and KIMLEY HORN AND ASSOCIATES, INC., ("Contractor") (collectively, the "Parties") for parking data collection update services. RECITALS A. On the 5th day of July 2018, the Parties executed the Agreement to complete the Village, Barrio and Beach Area Parking Data Collection Update; and 8. The Parties desire to alter the Agreement's scope of work to collect additional parking data for the Village, Barrio and Beach areas; and C. The Parties desire to extend the Agreement for a period of one (1) year; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed seventy-seven thousand dollars ($77,000). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a deliverables basis not-to-exceed seventy-seven thousand dollars ($77,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by July 4, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. 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. 6. 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 CITY OF CARLSBAD, a municipal corporation of the State of California (9'}11 rtl~ By:~~ By: 4J L., (sign here ~-S-C_O_TT_C_H_A_D_W'C ____ _,_K ______ _ _. \ City Manager Jeno\ kY:: ttc\rM, \)ice Pres,cia,n-r (print name/title) ATTEST: (sign here) ~iunuw. KaL11l~,J~ BARBARA ENGLESON t1 -- Div =t) I fr)--,0 '\ //+";;. --,7/11,T q<:(Z[i'fj1ij City Clerk (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: ::LIA A.ZJR, rorney Assistant City Attorney Kimley >>>Horn Certificate of Secretary To Whom It May Concern: I am the duly qualified and acting Secretary of Kimley-Horn and Associates, Inc., a North Carolina Corporation. The following is a true copy of a resolution duly adopted by the Board of Directors of the corporation at the Board meeting held on December 18, 2018 and entered in the minutes of such meeting in the minute book of the corporation. "The Board unanimously approved the contract signing authority of employees as presented." (A copy of the employee lists as presented is enclosed.) The resolution is in conformity with the articles of incorporation and bylaws of the corporation, has never been modified or repealed, and is now in full force and effect. Dated: ~c~ Richard N. Cook, Secretary (corporate seal) k1mley-horn.com 421 Fayetteville Street, Suite 600. Raleigh, NC 27601 919 677 2000 Kimley-Horn and Associates, Inc. STANDARD CONTRACT SIGNING AUTHORITY December 18, 2018 These persons have authority to sign contracts using unmodified Kimley-Horn forms (not client-drafted contracts). ATLANTIC RIVERSIDE WEST PALM BEACH ATLANTA MIDTOWN FORT WORTH BALTIMORE Hoffman, Frank Fairchild, Angelina Bosman, Eric S. Morales, Hugo Leffner, Nicholas Tomas, Kevin G. Potts, John E. Coleman, Sean H. Strychalski, Raymond P. FRISCO NEWPORT NEWS SACRAMENTO MIDWEST Triplett, Katherine R. Coppin, Thomas G. Weist, Jamie H. Carley, Daniel C. CHICAGO DOWNTOWN Dickey, Kyle A. Tait, Zachary T. Lemmon, Peter CHARLESTON Kennedy, Russell L. NORTHERN VIRGINIA Guy, Jonathan R. Safford, Ryan C. Albright, Michael R. SAN DIEGO CHICAGO SUBURBAN Warfield, M. Casey Bollinger, Kyle T . Koopman, Jennifer R. Cooper, Jason C. HOUSTON Harris, Michael J. McCormick, Matthew Kaufman, Philip R. CHARLOTTE Frysinger, Ashley M. Kagawa, Ron M. Sorenson, David K. Rahman, M. Anees Taylor, Benjamin S. Kirkland, Mark R. Markham, Daniel C. Ulery, Megan R. Watts, Austin L. McCray, Danielle R. INDIANAPOLIS LAS COLINAS Millot, Sean M. SAN JOSE Sheward, Bryan A COLUMBIA Ante, L. Nathan Samba, David B. Hamilton, Robert J. Williamson, Nicholas R. Delmotte, Ryan M. Smith, Andrew T. Worthington-Forbes, Laura ROCHESTER Teague, M. Zach Payne, Lucas C. DURHAM DOWNTOWN MCKINNEY FLORIDA Lewellyn, Earl R. Riccardi, Joseph C. PHILADELPHIA BOCA-DELRAY TWIN CITIES Caponigro, Anthony A. Spruce, Michael D. Elegert, Brandon R. LEXINGTON SAN ANTONIO Hughes, Paul W. Lincoln, Thomas J. Heustess, Aaron M. Cox, 8. Matthew FORT LAUDERDALE Pertzsch, Jerry D. Holscher, Nicholas F. PRINCETON Dabkowski, Adrian K. Robinson, Gregory W. MEMPHIS Hebert, Cartin J. Robertson, Stewart E. Sieh, Patricia D. Monroe, Kenneth W. THE WOODLANDS Motiana, Dhanesh Witzig, Jeanne M. Freeman, Jr., Steven C. FORT MYERS NASHVILLE RICHMOND Van Buskirk, Peter T. MOUNTAIN Boles, Brendan Boyd, Mark R. Wicks, Amy N. DENVER Creasman, Brett Ellington, David 8. Heiberger, John McMaster, Ryan Perkins, Ryan R. JACKSONVILLE Skeehan, Daniel L. Schilling, William J. Sobieski, Dennis RALEIGH VIRGINIA BEACH Steder, Matthew C. Bostic, Christopher 0 . Dallman, David 8. GAINESVILLE Cochran, Adam P. Farthing, Andrew P. Brighton, Ali H. LAS VEGAS Gresham, Teresa R. Funk, Gerald Towne, Christopher Andryscik, Kory J. Hachem, Stephanie L. Niss, Robyn M. Belsick, Jody Howell, Cory J. Wharton, Michelle L. MOBILE Moore, Jeffrey W. Williams, Kyle D. Walker, Jordan W. MESA Reed, Elizabeth A. Yee, Leong Wee OCALA Burm, Jason M. Robinson, Larry D. WHITE PLAINS Garri, Alan J. PHOENIX TEXAS Canning, T . John Gartner, Amber L. Burgess, Lisa M. AUSTIN Burns, Leslie D. Hudson, Harrison CALIFORNIA ORLANDO Delmarter, Michael L. Mason, Sean R. LOS ANGELES Burkett, Leon F. Haney, Stephen E. Neal, Trey A. Chakravarthy, Srikanth Stickler, Jennifer J. Woolery, Christopher C. Parker, Brian J. Chapman, Ryan S. Tate, Jr., S. Clif Smith, Robert J. Choi, Michael SALT LAKE CITY Osborne, Robin W. SARASOTA McDougald, Brandon D. BRYAN/COLLEGE Conerly, William E. STATION OAKLAND Pankonin, James R. TUCSON Harris, Joseph C. Dean, Felicia C. Rhine, Timothy J. Chang, Elbert ST. PETERSBURG Wood, William W. SOUTHEAST DALLAS ORANGE ALPHARETTA Galloway, Steven D. Gillis, Brian R. TAMPA Fanney, Angela L. Gaskey, Kevin S. Holst, Tyler J. Hatton, Christopher C. Markland, Keith R. Kacir, Kent C. Melchor, Jason J. linden, Nathan R. West, Brian B. Lucas, Matthew A. Meza, Sarah M. PLEASANTON VERO BEACH ATLANTA Millner, Daniel C. Johnson, Miles R. Husainy, Kinan F. Ergle, Kevin B. Moss, Bradley J. Mehta, Parag G. Thomas, Melibe S. Sulkowski, Nicholas E. Whaley, Tyler J. Van Rens, Peter J. Kimley-Hom and Associates, Inc. FULL CONTRACT SIGNING AUTHORITY December 18, 2018 ATLANTIC OAKLAND MIAMI CHICAGO TUCSON BALTIMORE Akwabi, Kwasi Baldo, Burt L. SUBURBAN Crowther, Brent C. Falk, Katherine W. Dankberg, Adam J. Buchler, Aaron E. Antony, Dean M. Kraft, Jonathan H. Durrenberger, Randal R. Collier, Julio A. Heinen, Andrew N. SOUTHEAST Fernandez, Jorge L. Sjogren, Timothy ALPHARETTA HOBOKEN ORANGE Fanney, Lawson H. Gibson, Adam T. Adrian, Darren J. OCALA COLUMBUS Hamilton, James R. Ciandella, Serine A. Bryant, M. Lewis Muller, Justin M. James, Alvin B. NEWPORT NEWS Hourigan, E. Vincent Busche, Richard V. Walker, John D. Collins, Carroll E. Matson, Jason B. INDIANAPOLIS Webb, Floyd C. Melvin, M. Pearse ORLANDO Butz, Jr., William A. NORTHERN VIRGINIA Phillips, Chad E. Chau, Hao T. ATLANTA Ameel, Adrienne C. Jackson, Jay R. TWIN CITIES Newton, Gary T. Carter, Erica V. PLEASANTON Martin, Jonathan A. Bishop, Mark C. Rushing, Michael L. Elman, Paul D. Mowery, Michael C. Mingonet, Milton S. Coyle, Daniel J. Giffin, Geoffrey D. Pulliam, John E. Thigpen, Jonathan D. Danielson, Paul B. ATLANTA MIDTOWN Kauppila, John L. Sowers, Brian E. White, Wayne E. Henderson, Benjamin· J. Fink, Kenneth L. Lefton, Steven E. Horn, Jon B. Johnston, Sean P. Martin, Robert J. SACRAMENTO SARASOTA Leverett, Christopher C. Meador, Emily H. Murphy, Terence T. Melvin, Enda Klepper, B. Kelley Matzek, William D. Montanye, Emmeline F. Sauro, Thomas J. Pittalwala, Fareed S. Nadeau, Gary J. Williamson, Sarah T. Ross, Robert A. Stevens, Ross S. Weir, Matthew D. Schmid, Seth E. Stricklin, David L. Whyte, Richard D. Stovall, Thomas M. MOUNTAIN Yarnal, Brian D. SAN DIEGO DENVER CHARLOTTE Barlow, Matthew T. ST. PETERSBURG Colvin, Scott W. Blakley, Jr., Stephen W. PRINCETON Espelet, Leonardo E. Dodge, Dawn M. Krell, Gabriel M. Edwards, Matthew A. Diggan, Tony W . Harry, Jennifer L. Phelps, Randall J. Hume, Robert M. Kaltsas, Joseph D. TALLAHASSEE Rowe, Curtis D. Wilhelm, William R. RICHMOND Knapton, Michael J. Barr, Richard R. Salvagio, Robin Brewer, Brian J. Landaal, Dennis J. Sewell, Jon S. Turner, Meaghan M. COLUMBIA Harmon, Amanda R. McWhorter, Samuel L. Wetherell, Ryan S. Valentine, Brian W. Iser, Christopher M. Hill, Corey Podegracz, Anthony J. Lickliter, Ashley C. Ross, Michael S. TAMPA LAS VEGAS DURHAM DOWNTOWN McPeters, Brian A. Gilner, Scott W. Ackeret, Kenneth W. Beck, Chadwick W. Musarra, Salvatore J. SANJOSE Lee, Nathan Q. Colety, Michael D. White, Timothy E. Hedayat, Leyla Moles, Richard A. MEMPHIS Meyerhofer, Peter N. VERO BEACH Collins, James F. VIRGINIA BEACH Venter Frederik J. Cave, Derrick B. MESA Danley, Drake E. Chambers, Jon S. Good, Brian A. Grandy, Michael L. Crum, Katie E. FLORIDA Peed, Brooks H. Margetts, Sterling T. NASHVILLE France, William D. BOCA-DELRAY Roberson, Kevin M. Walnum, Nathan C. Dufour, Zachary J. Jucksch, Rebecca R. Schwartz, Michael F. Stephens, Britt L. Rhodes, Christopher D. Mackey, William F. Webber, Jason A. PHOENIX Marscheider, Edward A. WEST PALM BEACH Conrad, John R. RALEIGH Mertig, Karl E. FORT LAUDERDALE Atz, John C. Hermann, Michael J. Adams, Richard C. Miller Edward W. Alam, Mudassar M. Barnes, R. Russell Kimm, Kevin J. Balltzglier, Lindsey Nash, William A. Capelli, Jill A. Campbell, David C. Kissinger, John C. Barber, Barry L. Royal, Jack R. Falce, Christopher T. Heggen, Christopher W. Leistiko, David J. Byrd, Michael N. Tewksbury, Carl F. McWilliams, John J. Mufleh, Marwan H. Mutti, Brent H. Cook, Richard N. Votava Charles F. Ratay, Gary R. Rapp, Bryan T. Noon, Lisa K. Deans, Neil T. Saxena, K.K. Schanen, Kevin M. Omais, Ahmad A. Dunzo, Mark W. WHITE PLAINS Sumislaski, James M. Perillo, Adam C. Flanagan, Tammy L. Van Hise, Kevin JACKSONVILLE Walthall, David W. Purtle, Vicki L. Kuzenski, John Brenny, Martin T. Schiller, Michael G. McEntee, David L. CALIFORNIA Mecca, Joseph P. MID-WEST Smalkoski, Brian R. Nuckols, Charles A. LOS ANGELES Roland, George E. CHICAGO Williams, Laura J. Rohrbaugh, Richard R. Blume, Robert D. DOWNTOWN Squires, Christopher A. Fares, Jean B. LAKELAND Dvorak, Jr., William E. RENO Sutter, Karl V. Kerry, Nicole M. Bulloch, Kelly B. Marnell, Colleen L. O'Brien, Molly M. Venters, Samantha Kyle, Gregory S Lewis, Jason A. Morton, Jr., Arthur J. Wilson, Jon E. Phaneuf, Alyssa S. Wilson, Mark E. West, Craig L. SALT LAKE CITY Wilson, Mark S. Johnson, Zachary A. TEXAS AUSTIN Boecker, Brian C. Van Leeuwen, Andrew DALLAS Hall, James R. Harris, Mark E. Henigsman, Dean A. Hoppers, Kevin P. Nathan, Aaron W. Smith, Eric Z. Swindler, Roderick P. FORT WORTH Arnold, Scott R. Gary, Glenn A. James, Jeffery FRISCO Brignon, Brit A. McCracken, Paul D. HOUSTON Frysinger, Chris V. Guillory, Michael B. LAS COLINAS Tribble, Guy B. SAN ANTONIO Farnsworth, Jeffrey A. Kimley-Horn and Associates, Inc. FULL CONTRACT SIGNING AUTHORITY December 18, 2018 EXHIBIT "A" SCOPE OF SERVICES AND FEE Contractor will provide the services specifically set forth below. Task 1 -Project Status Meetings Prior to each data collection period, a kick-off meeting will be held in-person with city staff and stakeholders and led by the project manager, Matt Horton, to discuss the scope of work and identify dates for occupancy data collection. Previous data collection efforts will also be summarized and presented at each project status meeting. Contractor will prepare an agenda and summary meeting notes. During or soon after the project status meeting, the City will provide Contractor with specific dates to conduct the occupancy study. Deliverables: Two (2) in-person project status meeting meetings with agenda, supporting handouts and meeting summary Task 2 -Data Collection Contractor will collect parking occupancy and turnover data for all inventoried facilities in Figure 1. It is assumed that number of spaces and time restrictions have not changed since the previous data collection effort and the City will let the contractor know of any potential inventory changes. Contractor will utilize License Plate Recognition (LPR) technology, which will be attached to a vehicle, to capture parking occupancy and turnover data. The data will be used to determine time-of-day occupancy based on the number of plate reads that are recognized for a specific space or block face. The license plate data also identifies vehicles that are present in subsequent rounds of data collection, which will be used to define duration and turnover variables for spaces and block faces. The data will be coded with latitude and longitude data, to be related to the GPS-based inventory data. The data received from the LPR unit is limited to a license plate number, the time stamp the read was taken, and a GPS location. Registration information or any other identification information related to the license plate number is not collected. The license plate number will be used to count the number of vehicles in the parking facilities. With regard to analysis, the process for analyzing the LPR data is automated using ArcGIS, where a unique identifier is assigned to each read that will replace the license plate number. Once this unique identifier is assigned, the license plate numbers will be deleted from the database. The license plate information will not be stored by Contractor or by the City. Parking occupancy and turnover data will be collected during the peak season conditions in the month of August 2019. Should the City decide that off-peak data is necessary, data will be collected in the non-peak season conditions in the month of January 2020. Data will be collected on a typical weekday (Thursday) and weekend (Saturday) during hours that will capture morning (6:00 AM -9:00 AM), mid-day (10:00 AM - 1 :00 PM), evening (2:00 PM -5:00 PM), and late evening (6:00 PM -9:00 PM) peak times for the study area. This effort will involve two Contractor staff for a total of two (2) days for 16 hours each day. Specific dates and times for data collection will be established with the City. Contractor staff will conduct a minimum of six (6) runs of the project area as part of the data collection effort. The occupancy and turnover data for the days and times data that will be collected will be cleaned, formatted, and analyzed by Contractor and joined to the inventory data geodatabase. Deliverables: Inventory geodatabase that includes occupancy and turnover data; metadata and data dictionary for geodatabase database fields in a format compatible with City-GIS Figure 1 Garfsbad village, Barrio, and Beach Area Parking Facilities Legend Part.ing Facilities On-5ireet -Off-Street (Pubhc) -TranSlt Panung Only {NCTD) -Off-Street (Private) Study Area Boundaries Barrio Neighborhood Beach Area Village Neighborhood .. o•-==0:::11•:zs-=o=-.a•----•o~ CSh HCJIC 0..or-IJ--0 ~$t1UOl>-I. ard .,,_ C•S UNl:COmn..nt) Task 3 -Data Comparison After each data collection period, Contractor will compare the occupancy and turnover characteristics for the study area with the data previously collected using charts, graphs, maps and other visual materials. Contractor will conduct a data debrief via conference call with city staff to review the data collection and provide topline observations prior to delivery of the draft technical memorandum. A comparison technical memorandum will be produced to describe the differences and begin the documentation of trends in preparation for future data collection efforts. This will include displaying data on maps, tables and other comparative methods to show the occupancy percentage for each block and for parking lots within the study area as was provided in the original report. The data will include on-street, public off-street, NCTD transit lot(s), private off-street and single family home inventory. The data comparison will include a summary of information, highlighting any important changes across data collection periods that is clear and easy to understand by the public. Deliverables: Two (2) conference calls with city staff to review data collection effort; two (2) comparative technical memoranda including maps, visuals and other data that can be presented to the public in a format that is web-friendly/compatible with the city's website. Schedule Contractor will provide services as expeditiously as practicable. The following schedule shows the anticipated timing of key tasks and deliverables for the August and January collection periods. The data processing task will begin immediately following data collection and may accelerate the schedule. The schedule will be updated to reflect any potential time savings. Task Jul/Dec Aug/Jan Sept/Feb Oct/Mar Task 1 Project Status Meeting Task 2 Data Collection Data Processing Draft Report Task 3 City Review Final Report Contractor will perform the services in Tasks 1 - 3 for the total lump sum fee below. Individual task amounts are informational only. Task Breakdown per Data Collection Period 1 -Project Status Meeting 2 -Data Collection 3 -Data Comparison Meeting & Memorandum Total Fee per data collection period Total Fee per Agreement Year $2,750 $30,250 $5,500 $38,500 $77,000 Fees will be invoiced monthly based upon the percentage of each task completed. Payment will be due within 30 days of receipt of the invoice and should include the invoice number and project number. Client#· 25320 KIMLHORN ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 3/25/2019 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME~--• Jerry Noyola Greyling Ins. Brokerage/EPIC r.rigN:o Extl: 770-552-4225 I ,Aic, Nol: 866-550-4082 3780 Mansell Road, Suite 370 ~tlJ~ss: jerry.noyola@greyling.com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : National Union Fire Ins. Co. 19445 INSURED INSURER B : Aspen American Insurance Company 43460 Kimley-Hom 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: INSURERF: COVERAGES CERTIFICATE NUMBER: 19-20 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 VVHICH 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. rT\R TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY = ~ CLAIMS-MADE [!I OCCUR X Contractual Liab. f-------------- f-------------- GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY [!I jrir [!] LOC 7 OTHER: A AUTOMOBILE LIABILITY B X ANY AUTO O\MsJED AUTOS ONLY X ~~,1:l°soNLY -SCHEDULED AUTOS X ~~~~~T.~ UMBRELLA LIAB I X I OCCUR x EXCESS LIAB n CLAIMS-MADE oEo I XI RETENTION sO C WORKERS COMPENSATION AND EMPLOYERS" LIABILITY y / N A ANY PROPRIETOR/PARTNER/EXECUTIVE~ OFFICER/MEMBER EXCLUDED? L1'!J (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below D Professional Liab ADDLSUBR INSR WVD POLICY NUMBER N/A 5268169 4489663 CX005FT19 015893685 (AOS) 015893686 (CA) B0146LDUSA 1904949 04/01/2019 04/01/2020 EACH OCCURRENCE $1000000 s~~~~'H9E~~Mkl.ncel $500 000 MED EXP (Any one person) $ 25 000 PERSONAL & ADV INJURY $1 000,000 GENERAL AGGREGATE s2,000,000 PRODUCTS. COMP/OP AGG $ 2,000,ooo $ 0410112019 041011202c )i~~~~~~l1NGLE LIMIT $1,000,ooo -~==--------,~~~-------BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ $ 04/01/2019 04/01 /2020_f-E_AC~H~O~CC~U_R_RE_N~CE __ -+--'-$5=0~00=0~00~_---1 AGGREGATE $5 000 000 04/01/2019 04/01/2020 X l~~frnrE I l~~H- 04/01/2019 04/01/2020 E.L. EACH ACCIDENT $1 000,000 E.L. DISEASE· EA EMPLOYEE s1 000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 04/01/2019 04/01/2020 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarl<s Schedule, may be attached If more space Is required) Re: Transportation Projects, Architectural Cad & Graphic Design On-Call. The City of Carlsbad, its officials, employees & volunteers are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation in favor of Additional lnsured(s) where required by written contract & allowed by law. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Lisa Cornwall ACCORDANCE WITH THE POLICY PROVISIONS. 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 AUTHORIZED REPRESENTATIVE I ..d.(/4(~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1518091/M1513917 JNOY1 / J DESCRIPTIONS (Continued from Page 1) 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. SAGITTA 25.3 (2016/03) 2 of 2 #S1518091/M1513917 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(sl Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM 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(s} shown in the Schedule, but only with respect to liability for "bodily injury", "property 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{s) 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. lf 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" u1 "property dc1mc1ye" 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 04 13 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 t> 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 pr0\1ided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE ~ame Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s) 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. ------~--·-- -------------· Information required to complete this Sc~edule, 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 person(s) 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 law: 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 req1Jired hy R r.nn1rRct 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 Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- r.able Limits nf Insurance shown in the Decla- rations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 □ AGREEMENT FOR VILLAGE, BARRIO AND BEACH AREA PARKING DATA COLLECTION UPDATE SERVICES KIMLEY-HORN AND ASSOCIATES, INC THIS AGREEMENT is made and entered into as of the ~,,... day of ______ J-_____ , 2018, by and between the CITY OF CARLSBAD, a municipal corporation, (''City"), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation, ("Contractor"). RECITALS A City requires the professional services of a planning and design engineering consultant that is experienced in parking data collection. B. Contractor has the necessary experience in providing professional services and advice related to parking data collection and analysis. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", wh ich is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the Agreement term will be seventy- seven thousand dollars ($77,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed seventy-seven thousand dollars ($77,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused 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. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-: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. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Joe Stewart Title Management Analyst Department CED ---------- City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4620 For Contractor Name Matt Horton Title Project Manager Address 401 B Street, Suite 600 San Diego, CA 92101 Phone No. 619-744-0162 Email matt. horton@kim ley-horn. com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST 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 categories. [!] YesD No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Co ntractor to the terms and conditions of this Agreement. KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By 0;4J (Stnhere) ~,.-L T/K~VI OtM•> kt HJ,.}~ Pt-5 /. (I.,., P,-t,, ,L .. 7 City Manager (p nt name/title) ATTEST: By: J BARBARAENGLES8 N Lo / /; f\.J ,4 ~J; .,/-,._m-j° f;L..fetAf'-YCity Clerk (print name/title) I 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 EXHIBIT "A" SCOPE OF SERVICES Kimley-Horn will provide the services specifically set forth below. Task 1 -Kick-Off Meeting Prior to each data collection period, a kick-off meeting will be held in-person with city staff and stakeholders and led by the project manager, Matt Horton, to discuss the scope of work and identify dates for occupancy data collection. Previous data collection efforts will also be summarized and presented at each kick-off meeting. Kimley-Horn will prepare an agenda and summary meeting notes. During or soon after the kick-off meeting, the City will provide Kimley- Horn with specific dates to conduct the occupancy study. Deliverables: Two (2) kick-off meetings with agenda, supporting handouts and meeting summary Task 2 -Data Collection Kimley-Horn will collect parking occupancy and turnover data for all inventoried facilities in Figure 1. It is assumed that number of spaces and time restrictions have not changed since the previous data collection effort. Kimley-Horn will utilize License Plate Recognition (LPR) technology, which will be attached to a vehicle, to capture parking occupancy and turnover data. The data will be used to determine time-of-day occupancy based on the number of plate reads that are recognized for a specific space or block face. The license plate data also identifies vehicles that are present in subsequent rounds of data collection, which will be used to define duration and turnover variables for spaces and block faces. The data will be coded with latitude and longitude data, to be related to the GPS-based inventory data. The data received from the LPR unit is limited to a license plate number, the time stamp the read was taken, and a GPS location. Registration information or any other identification information related to the license plate number is not collected. The license plate number will be used to count the number of vehicles in the parking facilities. With regard to analysis, the process for analyzing the LPR data is automated using ArcGIS, where a unique identifier is assigned to each read that will replace the license plate number. Once this unique identifier is assigned, the license plate numbers will be deleted from the database. The license plate information will not be stored by Kimley-Horn or by the City. Parking occupancy and turnover data will be collected during the peak season conditions in the month of August 2018 and during the non-peak season conditions in the month of January 2019. Data will be collected on a typical weekday (Thursday) and weekend (Saturday) during hours that will capture morning (6:00 AM -9:00 AM), mid-day (10:00 AM - 1 :00 PM), evening (2:00 PM - 5:00 PM), and late evening (6:00 PM -9:00 PM) peak times for the study area. This effort will involve two Kimley-Horn staff for a total of 2 days for 16 hours each day. Specific dates and times for data collection will be established with the client. Kimley-Horn staff will conduct a minimum of six (6) runs of the project area as part of the data collection effort. The occupancy and turnover data for the days and times data that will be collected will be cleaned, formatted, and analyzed by Kimley-Horn and joined to the inventory data geodatabase. Deliverables: Inventory geodatabase that includes occupancy and turnover data; metadata and data dictionary for geodatabase database fields in a format compatible with City-GIS Figure 1 Carlsbad village, Bamo, and Beach Area Parking Facilities Legend Parking Facilities On-Street -Off-Street (Pubhc) -Transit Parking Only (NCTD) -Off-Street (Private) Study Area Boundaries Barrio Neighborhood Beach Area Village Nelghbomood , 0 05 --==:..-===------•M•IM 0125 025 -" HL'll ~o,""" 1Joo--111'1doa.~0p"'S.o.tll-i,-lh--.,""'th•C•S U )C"I' wnwrtunt) Task 3 -Data Comparison After each data collection period, Kimley-Horn will compare the occupancy and turnover characteristics for the study area with the data previously collected using charts, graphs, maps and other visual materials. Kimley-Horn will conduct a data debrief via conference call with city staff to review the data collection and provide topline observations prior to delivery of the draft technical memorandum. A comparison technical memorandum will be produced to describe the differences and begin the documentation of trends in preparation for future data collection efforts. This will include displaying data on maps, tables and other comparative methods to show the occupancy percentage for each block and for parking lots within the study area as was provided in the original report. The data will include on-street, public off-street, NCTD transit lot(s), private off-street and single family home inventory. The data comparison will include a summary of information, highlighting any important changes across data collection periods that is clear and easy to understand by the public. Deliverables: Two (2) conference calls with city staff to review data collection effort; two (2) comparative technical memoranda including maps, visuals and other data that can be presented to the public in a format that is web-friendly/compatible with the city's website. Schedule Kimley-Horn will provide services as expeditiously as practicable. The following schedule shows the anticipated timing of key tasks and deliverables for the August and January collection periods. The data processing task will begin immediately following data collection and may accelerate the schedule. The schedule will be updated to reflect any potential time savings. Task Jul/Dec Aug/Jan Sept/Feb Oct/Mar 1----.----------1,------,.----+--r----r--+--~~-r---,--+--..-----.----.-----i Taskl Kick-off Meeting Data Collection Task2 t--------+---t--+--t----+-+---t--+--+---+-+----i--+--+---+-+----i Data Process ing Draft Report Task 3 aty Revie.v Final Report FEES Kimley-Horn will perform the services in Tasks 1 - 3 for the total lump sum fee below. Individual task amounts are informational only. Task Breakdown per Data Collection Period 1 -Kick-Off Meeting 2 -Data Collection 3 -Data Comparison Meeting & Memorandum Total Fee per data collection period Total Fee per Agreement Year $2,750 $30,250 $5,500 $38,500 $77,000 Fees will be invoiced monthly based upon the percentage of each task completed. Payment will be due within 30 days of receipt of the invoice and should include the invoice number and Kimley- Horn project number. Client#· 25320 KIMLHORN ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 4/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~}('/JtcT Jerry Noyola Greyling Ins. Brokerage/EPIC rtgNNEo Ext): 770-552-4225 I (IVC, No): 866-550-4082 3780 Mansell Road, Suite 370 ft'lJ~ss: jerry.noyola@greyling.com Alpharetta, GA 30022 INSURER($) AFFORDING COVERAGE NAIC# INSURER A : National Union Fire Ins. Co. 19445 INSURED INSURER B : Aspen American Insurance Company 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: 18-19 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 SUBA ,&~M&~ POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMMIDD/YYYYJ A X COMMERCIAL GENERAL LIABILITY 5268169 04/01/2018 04/01/2015 EACH OCCURRENCE s1000000 -D CLAIMS-MADE [!] OCCUR 8~~~~H9E~~J~rfencel s500 000 ~ Contractual Liab. MED EXP (Any one person) s25 000 PERSONAL & ADV INJURY s1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s2,000,000 ~ [!] PRO-[!] LOC PRODUCTS -COMP/OP AGG s2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY 4489663 04/01/2018 04/01/2015 COMBINED SINGLE LIMIT s1,000,000 /Ea accdentl - X ANYAUTO BODILY INJURY (Per person) $ -OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY {Per accdentl $ B ~ UMBRELLA LIAB ~ OCCUR CX005FT18 104/01 /2018 04/01/2015 EACH OCCURRENCE s5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5 000 000 / DED I xi RETENT10NsO $ C WORKERS COMPENSATION 015893685 (AOS) 04/01/2018 04/01/2015 X l~~fTllTF I l~iH-AND EMPLOYERS" LIABILITY Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE[N] 015893686 (CA) 104/01 /2018 04/01/2015 E.L. EACH ACCIDENT s1 000 000 OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory in NH) 039326820 (ME) 104/01/2018 04/01/2015 E.L. DISEASE -EA EMPLOYEE s1,000,000 1f yes, describe under E L. DISEASE -POLICY LIMIT s1,000,000 DESCRIPTION OF OPERATIONS below D Professional Liab P070831800 104/01/2018 04/01/2015 Per Claim $2,000,000 I Aggregate $2,000,000 DESCRIPTION OF OPERA TIO NS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Parking Data Collection; M. Horton. The City of Carlsbad, its officials, employees & volunteers are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation in favor of Additional lnsured(s) where required by written contract & allowed by law. Should any of the above (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Lisa Cornwall ACCORDANCE WITH THE POLICY PROVISIONS. 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 AUTHORIZED REPRESENTATIVE I ..d4;V~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1043757/M1017400 JNOY1 DESCRIPTIONS (Continued from Page 1) 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. SAGITTA 25.3 (2016/03) 2 of 2 #S1043757/M1017400 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(sl 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(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property 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(s) 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 e 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 O 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} Or Organizatlon(sl Location And Description Of Completed Operations 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. --- 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{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 law; 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. Av3ilable tinder the applicE1ble Limits of Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla· rations. CG 20 37 04 13 f> Insurance Services Office, Inc., 2012 Page 1 of 1 D